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, FEBRUARY 9, 2012 No. 22 House of Representatives The House met at 9 a.m. and was Pursuant to clause 1, rule I, the Jour- Chad Richison, the CEO of Paycom, called to order by the Speaker pro tem- nal stands approved. wrote a terrific op-ed in The Hill this pore (Mrs. CAPITO). f week. He doesn’t care which tax rate f we set, but he’s truly frustrated when PLEDGE OF ALLEGIANCE we delay our decisions and then dump DESIGNATION OF THE SPEAKER The SPEAKER pro tempore. Will the all the last-minute work on them and PRO TEMPORE gentleman from Oklahoma (Mr. thousands of other companies around The SPEAKER pro tempore laid be- LANKFORD) come forward and lead the the country. fore the House the following commu- House in the Pledge of Allegiance. If we expect American companies to Mr. LANKFORD led the Pledge of Al- nication from the Speaker: pay their taxes on time, we should get legiance as follows: the tax rate done on time. WASHINGTON, DC, I pledge allegiance to the Flag of the February 9, 2012. f United States of America, and to the Repub- I hereby appoint the Honorable SHELLEY lic for which it stands, one nation under God, STOCK ACT MOORE CAPITO to act as Speaker pro tempore indivisible, with liberty and justice for all. on this day. (Ms. HOCHUL asked and was given JOHN A. BOEHNER, f permission to address the House for 1 Speaker of the House of Representatives. ANNOUNCEMENT BY THE SPEAKER minute and to revise and extend her re- f PRO TEMPORE marks.) Ms. HOCHUL. Madam Speaker, just a PRAYER The SPEAKER pro tempore. The minute ago we heard our chaplain be- The Chaplain, the Reverend Patrick Chair will entertain up to five requests seech us to be open to the hearts and J. Conroy, offered the following prayer: for 1-minute speeches on each side. minds of the people we represent. That Eternal God, we give You thanks for f is exactly why, today, we need to pass giving us another day. CALLING ON CONFERENCE the STOCK Act to stop insider trading We thank You once again that we, COMMITTEE TO ACT ON TAX RATE on congressional knowledge. This has Your creatures, can come before You waited too long, Madam Speaker. (Mr. LANKFORD asked and was My colleague from upstate New and ask guidance for the men and given permission to address the House women of this assembly. York, LOUISE SLAUGHTER, has led the for 1 minute and to revise and extend charge for this for 6 years. It is now Send Your spirit of wisdom as they his remarks.) enter into a long weekend for con- time for us to take action—and not a Mr. LANKFORD. Madam Speaker, watered-down version. We need to stop stituent visits. May their ears and with less than 3 weeks to go before the hearts be open to listen to the hopes the insidious practice of insider trad- payroll Social Security tax extension ing, giving Members of this body an un- and needs of those whom they rep- expires, it is time for the conference fair advantage over Americans who resent. committee to make up their mind on sent us here to represent them. This Please keep all the Members of this the way forward and to bring their pro- practice must stop. Congress and all who work for the peo- posal to the full House and Senate. I’m calling on all of my colleagues ple’s House in good health, that they Long secret negotiations are unjusti- and calling on the leadership to give us might faithfully fulfill the great re- fied. a bill we can support, put an end to sponsibility given them by the people The House passed a full-year exten- this insidious practice, and let us begin of this great Nation. sion of the payroll tax deduction, the long process of restoring the faith Bless us this day and every day. May major reforms to the unemployment of the American people in this institu- all that is done here this day be for insurance, and a 2-year extension to tion. Your greater honor and glory. the Medicare doc fix 8 weeks ago. Since f Amen. that time, nothing has been done in the f daylight to resolve this issue. Our CONGRATULATING GLENBROOK delay will cause companies all over the SOUTH HIGH SCHOOL ON ITS THE JOURNAL country to work overtime this month 50TH ANNIVERSARY The SPEAKER pro tempore. The to revise their payroll formula. We (Mr. DOLD asked and was given per- Chair has examined the Journal of the should help the people who create the mission to address the House for 1 last day’s proceedings and announces jobs around the country, not give them minute and to revise and extend his re- to the House her approval thereof. even more consternation. marks.)

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.

H643

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VerDate Mar 15 2010 23:37 Feb 09, 2012 Jkt 019060 PO 00000 Frm 00001 Fmt 4634 Sfmt 0634 E:\CR\FM\A09FE7.000 H09FEPT1 rfrederick on DSK6SPTVN1PROD with HOUSE H644 CONGRESSIONAL RECORD — HOUSE February 9, 2012 Mr. DOLD. Madam Speaker, this Fannie Mae and Freddie Mac. In addi- to the Obama administration’s rules on school year marks the 50th anniversary tion, this reform will require fair value forcing religious groups to provide for Glenbrook South High School in accounting for Federal programs that birth control coverage in their insur- Glenview, Illinois. I want to congratu- make direct loans or loan guarantees. ance plans is an assault on women are late Glenbrook South on this impres- Earlier this year with the Solyndra wrong and shortsighted. That rule is an sive achievement. debacle, we found out that when Wash- assault on all Americans and on the Over the past five decades, over 27,000 ington makes a bet the American tax- First Amendment of the Constitution. students have graduated and are now payer is often left with the bill. The It reminds me of a famous quote at- proud alums. Glenbrook South has a Federal Government should consider tributed to Pastor Martin Niemoller: rich tradition of preparing students to fair value and market risk before bet- First they came for the Communists, and I be future leaders, including two of my ting on companies like Solyndra. didn’t speak out because I wasn’t a Com- team members here in Washington, Since the financial crisis began, munist. Fannie Mae and Freddie Mac have be- Then they came for the trade unionists, D.C. and I didn’t speak out because I wasn’t a Glenbrook South has received many come the financial responsibility of the trade unionist. accolades over the years, and that is Federal Government. However, the Of- Then they came for the Jews, and I didn’t due in large part to the dynamic teach- fice of Management and Budget has not speak out because I wasn’t a Jew. ers, the families who support the accounted for the Fannie and Freddie Then they came for the Catholics, and I school, and the talented students who burden. This bill will fix that mistake. didn’t speak out because I was a Protestant. If we’re going to get out of this finan- Then they came for me, and there was no work hard to excel in academics, one left to speak out for me. sports, music, debate, and more. cial mess, we have to be honest about Madam Speaker, we have to speak I have had the privilege of visiting how much we’re really spending. This out on this issue. It is an assault on the with the students at Glenbrook South is a commonsense reform that will help First Amendment. It’s an assault on and talking with them about how their lawmakers be better stewards of our the rights of all Americans. government works. I am deeply im- hardworking constituents’ tax dollars. f pressed with the students’ insights and f their desire to get involved and make EXTEND PAYROLL TAX CUT IT’S TIME TO GET TO WORK the world a better place. (Mr. GENE GREEN of Texas asked Congratulations to Glenbrook South (Mr. TONKO asked and was given permission to address the House for 1 and was given permission to address High School on your achievement. I the House for 1 minute and to revise know there will be many more to come. minute and to revise and extend his re- marks.) and extend his remarks.) And that’s just the way it is. Mr. GENE GREEN of Texas. Madam Mr. TONKO. Madam Speaker, I rise f Speaker, Members, when the U.S. econ- today because I believe this Congress omy is showing signs of progress, our STOCK ACT needs to stop playing blame games and House majority’s threatening to take 2 start working together to reignite the (Ms. CASTOR of Florida asked and percent of the gross national product American Dream by helping our Na- was given permission to address the out of our economy, killing the gains tion’s small businesses and entre- House for 1 minute and to revise and we’ve made, and doing it on the backs preneurs and empowering a thriving extend her remarks.) of the people who need help the most, Ms. CASTOR of Florida. Madam middle class. Small businesses are the pulse of the the middle class and the unemployed. Speaker, I rise to urge our colleagues Even though we were able to extend American enterprise and the creators to support the STOCK Act when it the payroll tax cut, unemployment in- of jobs and economic growth up and comes up later today. surance, and also the Medicare physi- down Main Streets across the United The STOCK Act is the Stop Trading cian payments for just 2 months, mil- States of America. Entrepreneurs are on Congressional Knowledge Act. It es- lions of Americans dodged an average the dreamers, movers, shakers, and sentially bans Members of Congress of $1,500 from a GOP tax hike. Now it’s builders that help take ideas and in- from using their position and informa- time to get to work and pass a year- ventions and turn them into the manu- tion that is not available to the gen- long extension of these three impor- facturing jobs of the future. eral public for their own personal gain, tant programs. And a thriving middle class, well, such as purchasing stocks based upon We cannot afford to take more risks that’s the underpinning of support to information we learn from a briefing with the incomes of 160 million Ameri- make reigniting the American Dream here on Capitol Hill. cans the way the House majority did at even possible. A strong middle class Public office is a public trust, and the end of 2011. leads to a strong America. The best rules that apply to our neighbors and f Americans all across the country functioning democracies around the should equally apply to Members of world share one thing in common—a SUPPORT THE STOCK ACT Congress. thriving middle class. (Mrs. CAPITO asked and was given I’d like to congratulate my col- So, Madam Speaker, I rise today to permission to address the House for 1 leagues, Congresswoman LOUISE ask my colleagues to enact policies and minute and to revise and extend her re- SLAUGHTER from New York and Con- legislation that achieve these ends: to marks.) gressman TIM WALZ from Minnesota, reignite the American Dream by build- Mrs. CAPITO. Madam Speaker, I rise who have worked on this legislation ing up our small businesses, encour- today in support of the STOCK Act, year in and year out. aging our entrepreneurs, and empow- Stop Trading on Congressional Knowl- Colleagues, we should all vote in ering our middle class. We can start by edge Act, which strengthens current favor of the STOCK Act. extending the payroll tax cut for the House rules banning Members of Con- remainder of the year without delay f gress from profiting financially from and without games. their position. It is absolutely unac- BUDGET AND ACCOUNTING I look forward to continuing to work ceptable for those in any branch of gov- TRANSPARENCY ACT toward these ends throughout the year. ernment—the legislative, the judiciary, (Mr. CRAWFORD asked and was f or the executive branch—to profit from given permission to address the House b 0910 nonpublic information. for 1 minute.) Insider trading is not only unethical; Mr. CRAWFORD. Madam Speaker, I AN ASSAULT ON THE FIRST it is illegal no matter who you are. But rise today to commend the House for AMENDMENT if it takes a stronger, tougher bill to passing the Budget and Accounting (Ms. FOXX asked and was given per- set the record straight, then so be it. Transparency Act earlier this week. mission to address the House for 1 The American people elected us in good This much-needed reform will increase minute.) faith to lead, and we must do every- transparency and accuracy in budg- Ms. FOXX. Madam Speaker, those thing in our power to protect that eting for Federal credit programs like who say that conservative opposition trust.

VerDate Mar 15 2010 04:58 Feb 10, 2012 Jkt 019060 PO 00000 Frm 00002 Fmt 4634 Sfmt 0634 E:\CR\FM\K09FE7.003 H09FEPT1 rfrederick on DSK6SPTVN1PROD with HOUSE February 9, 2012 CONGRESSIONAL RECORD — HOUSE H645 The bill enhances transparency, not exempt from the insider trading prohibitions (ii) in clause (iii), by inserting ‘‘to Congress, something we’ve continually strived arising under the securities laws, including sec- any Member of Congress, any employee of Con- for in this 112th Congress, and I am tion 10(b) of the Securities Exchange Act of 1934 gress, any judicial officer, or any judicial em- proud to support the bill. I hope my and Rule 10b–5 thereunder. ployee,’’ after ‘‘Federal Government,’’. (b) DUTY.— colleagues will join me in passing this SEC. 6. PROMPT REPORTING OF FINANCIAL (1) PURPOSE.—The purpose of the amendment TRANSACTIONS. into law. made by this subsection is to affirm a duty aris- (a) REPORTING REQUIREMENT.—Section 103 of f ing from a relationship of trust and confidence the Ethics in Government Act of 1978 (5 U.S.C. owed by each Member of Congress and each em- App. 103) is amended by adding at the end the STOP TRADING ON CONGRES- ployee of Congress. SIONAL KNOWLEDGE ACT OF 2012 following subsection: (2) AMENDMENT.—Section 21A of the Securities ‘‘(l) Not later than 30 days after receiving no- Mr. SMITH of Texas. Madam Speak- Exchange Act of 1934 (15 U.S.C. 78u–1) is tification of any transaction required to be re- er, I move to suspend the rules and amended by adding at the end the following: ported under section 102(a)(5)(B), but in no case pass the bill (S. 2038) to prohibit Mem- ‘‘(g) DUTY OF MEMBERS AND EMPLOYEES OF later than 45 days after such transaction, the CONGRESS.— bers of Congress and employees of Con- following persons, if required to file a report ‘‘(1) IN GENERAL.—Subject to the rule of con- under any subsection of section 101, subject to gress from using nonpublic information struction under section 10 of the STOCK Act derived from their official positions for any waivers and exclusions, shall file a report and solely for purposes of the insider trading of the transaction: personal benefit, and for other pur- prohibitions arising under this Act, including ‘‘(1) The President. poses, as amended. section 10(b) and Rule 10b–5 thereunder, each ‘‘(2) The Vice President. The Clerk read the title of the bill. Member of Congress or employee of Congress ‘‘(3) Each officer or employee in the executive The text of the amendment is as fol- owes a duty arising from a relationship of trust branch, including a special Government em- lows: and confidence to the Congress, the United ployee as defined in section 202 of title 18, Strike out all after the enacting clause and States Government, and the citizens of the United States Code, who occupies a position insert: United States with respect to material, non- classified above GS–15 of the General Schedule public information derived from such person’s S. 2038 or, in the case of positions not under the Gen- position as a Member of Congress or employee of eral Schedule, for which the rate of basic pay is SECTION 1. SHORT TITLE. Congress or gained from the performance of This Act may be cited as the ‘‘Stop Trading on equal to or greater than 120 percent of the min- such person’s official responsibilities. imum rate of basic pay payable for GS–15 of the Congressional Knowledge Act of 2012’’ or the ‘‘(2) DEFINITIONS.—In this subsection— ‘‘STOCK Act’’. General Schedule; each member of a uniformed ‘‘(A) the term ‘Member of Congress’ means a service whose pay grade is at or in excess of O– SEC. 2. DEFINITIONS. member of the Senate or House of Representa- 7 under section 201 of title 37, United States In this Act: tives, a Delegate to the House of Representa- (1) MEMBER OF CONGRESS.—The term ‘‘Mem- Code; and each officer or employee in any other tives, and the Resident Commissioner from Puer- position determined by the Director of the Office ber of Congress’’ means a member of the Senate to Rico; and or House of Representatives, a Delegate to the of Government Ethics to be of equal classifica- ‘‘(B) the term ‘employee of Congress’ means— tion. House of Representatives, and the Resident ‘‘(i) any individual (other than a Member of ‘‘(4) Each employee appointed pursuant to Commissioner from Puerto Rico. Congress), whose compensation is disbursed by section 3105 of title 5, United States Code. (2) EMPLOYEE OF CONGRESS.—The term ‘‘em- the Secretary of the Senate or the Chief Admin- ‘‘(5) Any employee not described in paragraph ployee of Congress’’ means— istrative Officer of the House of Representatives; (3) who is in a position in the executive branch (A) any individual (other than a Member of and which is excepted from the competitive service Congress), whose compensation is disbursed by ‘‘(ii) any other officer or employee of the legis- by reason of being of a confidential or policy- the Secretary of the Senate or the Chief Admin- lative branch (as defined in section 109(11) of making character, except that the Director of istrative Officer of the House of Representatives; the Ethics in Government Act of 1978 (5 U.S.C. the Office of Government Ethics may, by regula- and App. 109(11))). (B) any other officer or employee of the legis- tion, exclude from the application of this para- ‘‘(3) RULE OF CONSTRUCTION.—Nothing in this graph any individual, or group of individuals, lative branch (as defined in section 109(11) of subsection shall be construed to impair or limit who are in such positions, but only in cases in the Ethics in Government Act of 1978 (5 U.S.C. the construction of the existing antifraud provi- which the Director determines such exclusion App. 109(11))). sions of the securities laws or the authority of (3) EXECUTIVE BRANCH EMPLOYEE.—The term would not affect adversely the integrity of the the Commission under those provisions.’’. ‘‘executive branch employee’’— Government or the public’s confidence in the in- (A) has the meaning given the term ‘‘em- SEC. 5. CONFORMING CHANGES TO THE COM- tegrity of the Government; MODITY EXCHANGE ACT. ployee’’ under section 2105 of title 5, United ‘‘(6) The Postmaster General, the Deputy Section 4c(a) of the Commodity Exchange Act States Code; and Postmaster General, each Governor of the Board (7 U.S.C. 6c(a)) is amended— (B) includes— of Governors of the United States Postal Service (1) in paragraph (3), in the matter preceding (i) the President; and each officer or employee of the United (ii) the Vice President; and subparagraph (A)— States Postal Service or Postal Regulatory Com- (iii) an employee of the United States Postal (A) by inserting ‘‘or any Member of Congress mission who occupies a position for which the Service or the Postal Regulatory Commission. or employee of Congress (as such terms are de- rate of basic pay is equal to or greater than 120 (4) JUDICIAL OFFICER.—The term ‘‘judicial of- fined under section 2 of the STOCK Act) or any ficer’’ has the meaning given that term under judicial officer or judicial employee (as such percent of the minimum rate of basic pay pay- section 109(10) of the Ethics in Government Act terms are defined, respectively, under section 2 able for GS–15 of the General Schedule. of 1978 (U.S.C. App. 109(10)) . of the STOCK Act)’’ after ‘‘Federal Govern- ‘‘(7) The Director of the Office of Government (5) JUDICIAL EMPLOYEE.—The term ‘‘judicial ment’’ the first place it appears; Ethics and each designated agency ethics offi- employee’’ has the meaning given that term in (B) by inserting ‘‘Member, officer,’’ after ‘‘po- cial. section 109(8) of the Ethics in Government Act of sition of the’’; and ‘‘(8) Any civilian employee not described in 1978 (5 U.S.C. App. 109(8)). (C) by inserting ‘‘or by Congress or by the ju- paragraph (3), employed in the Executive Office (6) SUPERVISING ETHICS OFFICE.—The term diciary’’ before ‘‘in a manner’’; and of the President (other than a special govern- ‘‘supervising ethics office’’ has the meaning (2) in paragraph (4)— ment employee) who holds a commission of ap- given that term in section 109(18) of the Ethics (A) in subparagraph (A), in the matter pre- pointment from the President. in Government Act of 1978 (5 U.S.C. App. ceding clause (i)— ‘‘(9) A Member of Congress, as defined under 109(18)). (i) by inserting ‘‘or any Member of Congress section 109(12). SEC. 3. PROHIBITION OF THE USE OF NONPUBLIC or employee of Congress or any judicial officer ‘‘(10) An officer or employee of the Congress, INFORMATION FOR PRIVATE PROFIT. or judicial employee’’ after ‘‘Federal Govern- as defined under section 109(13).’’. The Select Committee on Ethics of the Senate ment’’ the first place it appears; (b) EFFECTIVE DATE.—The amendment made and the Committee on Ethics of the House of (ii) by inserting ‘‘Member, officer,’’ after ‘‘po- by subsection (a) shall apply to transactions oc- Representatives shall issue interpretive guidance sition of the’’; and curring on or after the date that is 90 days after of the relevant rules of each chamber, including (iii) by inserting ‘‘or by Congress or by the ju- the date of enactment of this Act. rules on conflicts of interest and gifts, clarifying diciary’’ before ‘‘in a manner’’; SEC. 7. REPORT ON POLITICAL INTELLIGENCE that a Member of Congress and an employee of (B) in subparagraph (B), in the matter pre- ACTIVITIES. Congress may not use nonpublic information de- ceding clause (i), by inserting ‘‘or any Member (a) REPORT.— rived from such person’s position as a Member of Congress or employee of Congress or any judi- (1) IN GENERAL.—Not later than 12 months of Congress or employee of Congress or gained cial officer or judicial employee’’ after ‘‘Federal after the date of enactment of this Act, the from the performance of such person’s official Government’’; and Comptroller General of the United States, in responsibilities as a means for making a private (C) in subparagraph (C)— consultation with the Congressional Research profit. (i) in the matter preceding clause (i), by in- Service, shall submit to the Committee on Home- SEC. 4. PROHIBITION OF INSIDER TRADING. serting ‘‘or by Congress or by the judiciary’’— land Security and Governmental Affairs of the (a) AFFIRMATION OF NONEXEMPTION.—Mem- (I) before ‘‘that may affect’’; and Senate and the Committee on Oversight and bers of Congress and employees of Congress are (II) before ‘‘in a manner’’; and Government Reform and the Committee on the

VerDate Mar 15 2010 23:37 Feb 09, 2012 Jkt 019060 PO 00000 Frm 00003 Fmt 4634 Sfmt 6333 E:\CR\FM\K09FE7.006 H09FEPT1 rfrederick on DSK6SPTVN1PROD with HOUSE H646 CONGRESSIONAL RECORD — HOUSE February 9, 2012 Judiciary of the House of Representatives a re- for Congress, and employees of Congress, as well ards of Ethical Conduct for executive branch port on the role of political intelligence in the fi- as reports of a transaction disclosure required employees, related to use of nonpublic informa- nancial markets. by section 103(l) of the Ethics in Government tion, as necessary to clarify that no executive (2) CONTENTS.—The report required by this Act of 1978, as added by this Act, notices of ex- branch employee may use nonpublic information section shall include a discussion of— tensions, amendments, and blind trusts, pursu- derived from such person’s position as an execu- (A) what is known about the prevalence of the ant to title I of the Ethics in Government Act of tive branch employee or gained from the per- sale of political intelligence and the extent to 1978, through databases that— formance of such person’s official responsibil- which investors rely on such information; (i) are maintained on the official websites of ities as a means for making a private profit. (B) what is known about the effect that the the House of Representatives and the Senate; (2) JUDICIAL OFFICERS.—The Judicial Con- sale of political intelligence may have on the fi- and ference of the United States shall issue such in- nancial markets; (ii) allow the public to search, sort, and terpretive guidance of the relevant ethics rules (C) the extent to which information which is download data contained in the reports. applicable to Federal judges, including the Code being sold would be considered nonpublic infor- (2) LOGIN.—No login shall be required to of Conduct for United States Judges, as nec- mation; search or sort the data contained in the reports essary to clarify that no judicial officer may use (D) the legal and ethical issues that may be made available by this subsection. A login pro- nonpublic information derived from such per- raised by the sale of political intelligence; tocol with the name of the user shall be utilized son’s position as a judicial officer or gained (E) any benefits from imposing disclosure re- by a person downloading data contained in the from the performance of such person’s official quirements on those who engage in political in- reports. For purposes of filings under this sec- responsibilities as a means for making a private telligence activities; and tion, section 105(b)(2) of the Ethics in Govern- profit. (F) any legal and practical issues that may be ment Act of 1978 does not apply. (3) JUDICIAL EMPLOYEES.—The Judicial Con- raised by the imposition of disclosure require- (3) PUBLIC AVAILABILITY.—Pursuant to sec- ference of the United States shall issue such in- ments on those who engage in political intel- tion 105(b)(1) of the Ethics in Government Act of terpretive guidance of the relevant ethics rules ligence activities. 1978, electronic availability on the official applicable to judicial employees as necessary to (b) DEFINITION.—For purposes of this section, websites of the Senate and the House of Rep- clarify that no judicial employee may use non- the term ‘‘political intelligence’’ shall mean in- resentatives under this subsection shall be public information derived from such person’s formation that is— deemed to have met the public availability re- position as a judicial employee or gained from (1) derived by a person from direct commu- quirement. the performance of such person’s official respon- nications with an executive branch employee, a (4) FILERS COVERED.—Individuals required sibilities as a means for making a private profit. Member of Congress, or an employee of Con- under the Ethics in Government Act of 1978 or (b) APPLICATION OF INSIDER TRADING LAWS.— gress; and the Senate Rules to file financial disclosure re- (1) AFFIRMATION OF NON-EXEMPTION.—Execu- (2) provided in exchange for financial com- ports with the Secretary of the Senate or the tive branch employees, judicial officers, and ju- pensation to a client who intends, and who is Clerk of the House of Representatives shall file dicial employees are not exempt from the insider known to intend, to use the information to in- reports electronically using the systems devel- trading prohibitions arising under the securities form investment decisions. oped by the Secretary of the Senate, the Ser- laws, including section 10(b) of the Securities SEC. 8. PUBLIC FILING AND DISCLOSURE OF FI- geant at Arms of the Senate, and the Clerk of Exchange Act of 1934 and Rule 10b–5 there- NANCIAL DISCLOSURE FORMS OF the House of Representatives. under. MEMBERS OF CONGRESS AND CON- XTENSIONS (2) DUTY.— GRESSIONAL STAFF. (5) E .—Notices of extension for fi- nancial disclosure shall be made available elec- (A) PURPOSE.—The purpose of the amendment (a) PUBLIC, ONLINE DISCLOSURE OF FINANCIAL tronically under this subsection along with its made by this paragraph is to affirm a duty aris- DISCLOSURE FORMS OF MEMBERS OF CONGRESS related disclosure. ing from a relationship of trust and confidence AND CONGRESSIONAL STAFF.— (6) ADDITIONAL TIME.—The requirements of owed by each executive branch employee, judi- (1) IN GENERAL.—Not later than August 31, cial officer, and judicial employee. 2012, or 90 days after the date of enactment of this subsection may be implemented after the date provided in paragraph (1) if the Secretary (B) AMENDMENT.—Section 21A of the Securi- this Act, whichever is later, the Secretary of the ties Exchange Act of 1934 (15 U.S.C. 78u–1), as Senate and the Sergeant at Arms of the Senate, of the Senate or the Clerk of the House of Rep- resentatives identifies in writing to relevant con- amended by this Act, is amended by adding at and the Clerk of the House of Representatives, the end the following: shall ensure that financial disclosure forms filed gressional committees the additional time needed for such implementation. ‘‘(h) DUTY OF OTHER FEDERAL OFFICIALS.— by Members of Congress, candidates for Con- ‘‘(1) IN GENERAL.—Subject to the rule of con- (c) RECORDKEEPING.—Section 105(d) of the gress, and employees of Congress in calendar struction under section 10 of the STOCK Act Ethics in Government Act of 1978 (5 U.S.C. App. year 2012 and in subsequent years pursuant to and solely for purposes of the insider trading 105(d)) is amended to read as follows: title I of the Ethics in Government Act of 1978 prohibitions arising under this Act, including ‘‘(d)(1) Any report filed with or transmitted to are made available to the public on the respec- section 10(b), and Rule 10b–5 thereunder, each an agency or supervising ethics office or to the tive official websites of the Senate and the executive branch employee, each judicial officer, Clerk of the House of Representatives or the House of Representatives not later than 30 days and each judicial employee owes a duty arising Secretary of the Senate pursuant to this title after such forms are filed. from a relationship of trust and confidence to shall be retained by such agency or office or by (2) EXTENSIONS.—Notices of extension for fi- the United States Government and the citizens the Clerk of the House of Representatives or the nancial disclosure shall be made available elec- of the United States with respect to material, Secretary of the Senate, as the case may be. tronically under this subsection along with its nonpublic information derived from such per- ‘‘(2) Such report shall be made available to related disclosure. son’s position as an executive branch employee, the public— (3) REPORTING TRANSACTIONS.—In the case of judicial officer, or judicial employee or gained ‘‘(A) in the case of a Member of Congress until a transaction disclosure required by section from the performance of such person’s official a date that is 6 years from the date the indi- 103(l) of the Ethics in Government Act of 1978, responsibilities. vidual ceases to be a Member of Congress; and as added by this Act, such disclosure shall be ‘‘(2) DEFINITIONS.—In this subsection— ‘‘(B) in the case of all other reports filed pur- filed not later than the date required by that ‘‘(A) the term ‘executive branch employee’— section. Notices of extension for transaction dis- suant to this title, for a period of 6 years after ‘‘(i) has the meaning given the term ‘em- closure shall be made available electronically receipt of the report. ployee’ under section 2105 of title 5, United under this subsection along with its related dis- ‘‘(3) After the relevant time period identified States Code; closure. under paragraph (2), the report shall be de- ‘‘(ii) includes— (4) EXPIRATION.—The requirements of this stroyed unless needed in an ongoing investiga- ‘‘(I) the President; subsection shall expire upon implementation of tion, except that in the case of an individual ‘‘(II) the Vice President; and the public disclosure system established under who filed the report pursuant to section 101(b) ‘‘(III) an employee of the United States Postal subsection (b). and was not subsequently confirmed by the Sen- Service or the Postal Regulatory Commission; (b) ELECTRONIC FILING AND ONLINE PUBLIC ate, or who filed the report pursuant to section ‘‘(B) the term ‘judicial employee’ has the AVAILABILITY OF FINANCIAL DISCLOSURE FORMS 101(c) and was not subsequently elected, such meaning given that term in section 109(8) of the OF MEMBERS OF CONGRESS, OFFICERS OF THE reports shall be destroyed 1 year after the indi- Ethics in Government Act of 1978 (5 U.S.C. App. HOUSE AND SENATE, AND CONGRESSIONAL vidual either is no longer under consideration 109(8)); and STAFF.— by the Senate or is no longer a candidate for ‘‘(C) the term ‘judicial officer’ has the mean- (1) IN GENERAL.—Subject to paragraph (6) and nomination or election to the Office of Presi- ing given that term under section 109(10) of the not later than 18 months after the date of enact- dent, Vice President, or as a Member of Con- Ethics in Government Act of 1978 (5 U.S.C. App. ment of this Act, the Secretary of the Senate gress, unless needed in an ongoing investigation 109(10)). and the Sergeant at Arms of the Senate and the or inquiry.’’. ‘‘(3) RULE OF CONSTRUCTION.—Nothing in this Clerk of the House of Representatives shall de- SEC. 9. OTHER FEDERAL OFFICIALS. subsection shall be construed to impair or limit velop systems to enable— (a) PROHIBITION OF THE USE OF NONPUBLIC the construction of the existing antifraud provi- (A) electronic filing of reports received by INFORMATION FOR PRIVATE PROFIT.— sions of the securities laws or the authority of them pursuant to section 103(h)(1)(A) of title I (1) EXECUTIVE BRANCH EMPLOYEES.—The Of- the Commission under those provisions.’’. of the Ethics in Government Act of 1978; and fice of Government Ethics shall issue such inter- SEC. 10. RULE OF CONSTRUCTION. (B) public access to financial disclosure re- pretive guidance of the relevant Federal ethics Nothing in this Act, the amendments made by ports filed by Members of Congress, candidates statutes and regulations, including the Stand- this Act, or the interpretive guidance to be

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issued pursuant to sections 3 and 9 of this Act, (4) FILERS COVERED.—Executive branch em- trol over the financial interests held by the shall be construed to— ployees required under title I of the Ethics in fund. (1) impair or limit the construction of the anti- Government Act of 1978 to file financial disclo- SEC. 15. APPLICATION TO OTHER ELECTED OFFI- fraud provisions of the securities laws or the sure reports shall file the reports electronically CIALS AND CRIMINAL OFFENSES. Commodity Exchange Act or the authority of with their supervising ethics office. (a) APPLICATION TO OTHER ELECTED OFFI- the Securities and Exchange Commission or the (5) EXTENSIONS.—Notices of extension for fi- CIALS.— Commodity Futures Trading Commission under nancial disclosure shall be made available elec- (1) CIVIL SERVICE RETIREMENT SYSTEM.—Sec- those provisions; tronically under this subsection along with its tion 8332(o)(2)(A) of title 5, United States Code, (2) be in derogation of the obligations, duties, related disclosure. is amended— and functions of a Member of Congress, an em- (6) ADDITIONAL TIME.—The requirements of (A) in clause (i), by inserting ‘‘, the President, ployee of Congress, an executive branch em- this subsection may be implemented after the the Vice President, or an elected official of a ployee, a judicial officer, or a judicial employee, date provided in paragraph (1) if the Director of State or local government’’ after ‘‘Member’’; and arising from such person’s official position; or the Office of Government Ethics, after consulta- (B) in clause (ii), by inserting ‘‘, the Presi- (3) be in derogation of existing laws, regula- tion with the Clerk of the House of Representa- dent, the Vice President, or an elected official of tions, or ethical obligations governing Members tives and Secretary of the Senate, identifies in a State or local government’’ after ‘‘Member’’. of Congress, employees of Congress, executive writing to relevant congressional committees the (2) FEDERAL EMPLOYEES RETIREMENT SYS- branch employees, judicial officers, or judicial additional time needed for such implementation. TEM.—Section 8411(l)(2) of title 5, United States Code, is amended— employees. SEC. 12. PARTICIPATION IN INITIAL PUBLIC OF- SEC. 11. EXECUTIVE BRANCH REPORTING. FERINGS. (A) in subparagraph (A), by inserting ‘‘, the President, the Vice President, or an elected offi- (a) EXECUTIVE BRANCH REPORTING.— Section 21A of the Securities Exchange Act of cial of a State or local government’’ after ‘‘Mem- (1) IN GENERAL.—Not later than August 31, 1934 (15 U.S.C. 78u–1), as amended by this Act, ber’’; and 2012, or 90 days after the date of enactment of is further amended by adding at the end the fol- (B) in subparagraph (B), by inserting ‘‘, the this Act, whichever is later, the President shall lowing: President, the Vice President, or an elected offi- ensure that financial disclosure forms filed pur- ‘‘(i) PARTICIPATION IN INITIAL PUBLIC OFFER- cial of a State or local government’’ after ‘‘Mem- suant to title I of the Ethics in Government Act INGS.—An individual described in section 101(f) ber’’. of 1978 (5 U.S.C. App. 101 et seq.), in calendar of the Ethics in Government Act of 1978 may not (b) CRIMINAL OFFENSES.—Section 8332(o)(2) of year 2012 and in subsequent years, by executive purchase securities that are the subject of an branch employees specified in section 101 of that title 5, United States Code, is amended— initial public offering (within the meaning given (1) in subparagraph (A), by striking clause Act are made available to the public on the offi- such term in section 12(f)(1)(G)(i)) in any man- cial websites of the respective executive branch (iii) and inserting the following: ner other than is available to members of the ‘‘(iii) The offense— agencies not later than 30 days after such forms public generally.’’. ‘‘(I) is committed after the date of enactment are filed. SEC. 13. REQUIRING MORTGAGE DISCLOSURE. of this subsection and— (2) EXTENSIONS.—Notices of extension for fi- (a) REQUIRING DISCLOSURE.—Section ‘‘(aa) is described under subparagraph (B)(i), nancial disclosure shall be made available elec- 102(a)(4)(A) of the Ethics in Government Act of (iv), (xvi), (xix), (xxiii), (xxiv), or (xxvi); or tronically along with the related disclosure. 1978 (5 U.S.C. App. 102(a)(4)(A)) is amended by ‘‘(bb) is described under subparagraph (3) REPORTING TRANSACTIONS.—In the case of striking ‘‘spouse; and’’ and inserting the fol- (B)(xxix), (xxx), or (xxxi), but only with respect a transaction disclosure required by section lowing: ‘‘spouse, except that this exception shall to an offense described under subparagraph 103(l) of the Ethics in Government Act of 1978, not apply to a reporting individual— (B)(i), (iv), (xvi), (xix), (xxiii), (xxiv), or (xxvi); as added by this Act, such disclosure shall be ‘‘(i) described in paragraph (1), (2), or (9) of or filed not later than the date required by that section 101(f); ‘‘(II) is committed after the date of enactment section. Notices of extension for transaction dis- ‘‘(ii) described in section 101(b) who has been of the STOCK Act and— closure shall be made available electronically nominated for appointment as an officer or em- ‘‘(aa) is described under subparagraph (B)(ii), under this subsection along with its related dis- ployee in the executive branch described in sub- (iii), (v), (vi), (vii), (viii), (ix), (x), (xi), (xii), closure. section (f) of such section, other than— (xiii), (xiv), (xv), (xvii), (xviii), (xx), (xxi), (xxii), (4) EXPIRATION.—The requirements of this (xxv), (xxvii), or (xxviii); or subsection shall expire upon implementation of ‘‘(I) an individual appointed to a position— ‘‘(aa) as a Foreign Service Officer below the ‘‘(bb) is described under subparagraph the public disclosure system established under rank of ambassador; or (B)(xxix), (xxx), or (xxxi), but only with respect subsection (b). ‘‘(bb) in the uniformed services for which the to an offense described under subparagraph (b) ELECTRONIC FILING AND ONLINE PUBLIC pay grade prescribed by section 201 of title 37, (B)(ii), (iii), (v), (vi), (vii), (viii), (ix), (x), (xi), AVAILABILITY OF FINANCIAL DISCLOSURE FORMS United States Code is O–6 or below; or (xii), (xiii), (xiv), (xv), (xvii), (xviii), (xx), (xxi), OF CERTAIN EXECUTIVE BRANCH EMPLOYEES.— ‘‘(II) a special government employee, as de- (xxii), (xxv), (xxvii), or (xxviii).’’; and (1) IN GENERAL.—Subject to paragraph (6), (2) by striking subparagraph (B) and inserting and not later than 18 months after the date of fined under section 202 of title 18, United States Code; or the following: enactment of this Act, the President, acting ‘‘(B) An offense described in this subpara- through the Director of the Office of Govern- ‘‘(iii) described in section 101(f) who is in a position in the executive branch the appoint- graph is only the following, and only to the ex- ment Ethics, shall develop systems to enable— tent that the offense is a felony: (A) electronic filing of reports required by sec- ment to which is made by the President and re- quires advice and consent of the Senate, other ‘‘(i) An offense under section 201 of title 18 tion 103 of the Ethics in Government Act of 1978 (relating to bribery of public officials and wit- (5 U.S.C. App. 103), other than subsection (h) of than— ‘‘(I) an individual appointed to a position— nesses). such section; and ‘‘(ii) An offense under section 203 of title 18 (B) public access to financial disclosure re- ‘‘(aa) as a Foreign Service Officer below the rank of ambassador; or (relating to compensation to Member of Con- ports filed by executive branch employees re- gress, officers, and others in matters affecting quired to file under section 101 of that Act (5 ‘‘(bb) in the uniformed services for which the pay grade prescribed by section 201 of title 37, the Government). U.S.C. App. 101), as well as reports of a trans- ‘‘(iii) An offense under section 204 of title 18 United States Code is O–6 or below; or action disclosure required by section 103(l) of (relating to practice in the United States Court ‘‘(II) a special government employee, as de- that Act, as added by this Act, notices of exten- of Federal Claims or the United States Court of fined under section 202 of title 18, United States sions, amendments, and blind trusts, pursuant Appeals for the Federal Circuit by Member of Code; and’’. to title I of that Act, through databases that— Congress). (b) EFFECTIVE DATE.—The amendment made (i) are maintained on the official website of ‘‘(iv) An offense under section 219 of title 18 by subsection (a) shall apply with respect to re- the Office of Government Ethics; and (relating to officers and employees acting as ports which are required to be filed under sec- (ii) allow the public to search, sort, and agents of foreign principals). download data contained in the reports. tion 101 of the Ethics of Government Act of 1978 ‘‘(v) An offense under section 286 of title 18 (2) LOGIN.—No login shall be required to on or after the date of the enactment of this Act. (relating to conspiracy to defraud the Govern- search or sort the data contained in the reports SEC. 14. TRANSACTION REPORTING REQUIRE- ment with respect to claims). made available by this subsection. A login pro- MENTS. ‘‘(vi) An offense under section 287 of title 18 tocol with the name of the user shall be utilized The transaction reporting requirements estab- (relating to false, fictitious or fraudulent by a person downloading data contained in the lished by section 103(l) of the Ethics in Govern- claims). reports. For purposes of filings under this sec- ment Act of 1978, as added by section 6 of this ‘‘(vii) An offense under section 597 of title 18 tion, section 105(b)(2) of the Ethics in Govern- Act, shall not be construed to apply to a widely (relating to expenditures to influence voting). ment Act of 1978 (5 U.S.C. App. 105(b)(2)) does held investment fund (whether such fund is a ‘‘(viii) An offense under section 599 of title 18 not apply. mutual fund, regulated investment company, (relating to promise of appointment by can- (3) PUBLIC AVAILABILITY.—Pursuant to sec- pension or deferred compensation plan, or other didate). tion 105(b)(1) of the Ethics in Government Act of investment fund), if— ‘‘(ix) An offense under section 602 of title 18 1978 (5 U.S.C. App. 105(b)(1)), electronic avail- (1)(A) the fund is publicly traded; or (relating to solicitation of political contribu- ability on the official website of the Office of (B) the assets of the fund are widely diversi- tions). Government Ethics under this subsection shall fied; and ‘‘(x) An offense under section 606 of title 18 be deemed to have met the public availability re- (2) the reporting individual neither exercises (relating to intimidation to secure political con- quirement. control over nor has the ability to exercise con- tributions).

VerDate Mar 15 2010 23:37 Feb 09, 2012 Jkt 019060 PO 00000 Frm 00005 Fmt 4634 Sfmt 6333 E:\CR\FM\A09FE7.003 H09FEPT1 rfrederick on DSK6SPTVN1PROD with HOUSE H648 CONGRESSIONAL RECORD — HOUSE February 9, 2012 ‘‘(xi) An offense under section 607 of title 18 gage Association and the Federal Home Loan ‘‘(2) The requirements of paragraph (1) do not (relating to place of solicitation). Mortgage Corporation are prohibited from re- apply to any report filed under this title which ‘‘(xii) An offense under section 641 of title 18 ceiving bonuses during any period of con- is filed electronically and for which there is on- (relating to public money, property or records). servatorship for those entities on or after the line public access, in accordance with the sys- ‘‘(xiii) An offense under section 666 of title 18 date of enactment of this Act. tems developed by the Secretary and Sergeant at (relating to theft or bribery concerning programs SEC. 17. POST-EMPLOYMENT NEGOTIATION RE- Arms of the Senate and the Clerk of the House receiving Federal funds). STRICTIONS. of Representatives under section 8(b) of the Stop ‘‘(xiv) An offense under section 1001 of title 18 (a) RESTRICTION EXTENDED TO EXECUTIVE AND Trading on Congressional Knowledge Act of (relating to statements or entries generally). JUDICIAL BRANCHES.—Notwithstanding any 2012.’’. ‘‘(xv) An offense under section 1341 of title 18 (b) PERIOD OF RETENTION OF FINANCIAL DIS- (relating to frauds and swindles, including as other provision of law, an individual required to CLOSURE STATEMENTS OF MEMBERS OF THE part of a scheme to deprive citizens of honest file a financial disclosure report under section 101 of the Ethics in Government Act of 1978 (5 HOUSE.— services thereby). (1) IN GENERAL.—Section 304(c) of the Honest ‘‘(xvi) An offense under section 1343 of title 18 U.S.C. App. 101) may not directly negotiate or Leadership and Open Government Act of 2007 (2 (relating to fraud by wire, radio, or television, have any agreement of future employment or U.S.C. 104e(c)) is amended by striking the period including as part of a scheme to deprive citizens compensation unless such individual, within 3 at the end and inserting the following: ‘‘, or, in of honest services thereby). business days after the commencement of such ‘‘(xvii) An offense under section 1503 of title negotiation or agreement of future employment the case of reports filed under section 103(h)(1) 18 (relating to influencing or injuring officer or or compensation, files with the individual’s su- of the Ethics in Government Act of 1978, until juror). pervising ethics office a statement, signed by the expiration of the 6-year period which begins ‘‘(xviii) An offense under section 1505 of title such individual, regarding such negotiations or on the date the individual is no longer a Mem- 18 (relating to obstruction of proceedings before agreement, including the name of the private ber of Congress.’’. departments, agencies, and committees). entity or entities involved in such negotiations (2) EFFECTIVE DATE.—The amendment made ‘‘(xix) An offense under section 1512 of title 18 or agreement, and the date such negotiations or by paragraph (1) shall apply with respect to any (relating to tampering with a witness, victim, or agreement commenced. report which is filed on or after the date on an informant). (b) RECUSAL.—An individual filing a state- which the systems developed by the Secretary ‘‘(xx) An offense under section 1951 of title 18 ment under subsection (a) shall recuse himself and Sergeant at Arms of the Senate and the (relating to interference with commerce by or herself whenever there is a conflict of inter- Clerk of the House of Representatives under sec- threats of violence). est, or appearance of a conflict of interest, for tion 8(b) first take effect. ‘‘(xxi) An offense under section 1952 of title 18 such individual with respect to the subject mat- The SPEAKER pro tempore (Mrs. (relating to interstate and foreign travel or ter of the statement, and shall notify the indi- CAPITO). Pursuant to the rule, the gen- transportation in aid of racketeering enter- vidual’s supervising ethics office of such tleman from Texas (Mr. SMITH) and the prises). recusal. An individual making such recusal gentleman from Michigan (Mr. CON- ‘‘(xxii) An offense under section 1956 of title shall, upon such recusal, submit to the super- 18 (relating to laundering of monetary instru- YERS) each will control 20 minutes. vising ethics office the statement under sub- The Chair recognizes the gentleman ments). section (a) with respect to which the recusal was ‘‘(xxiii) An offense under section 1957 of title made. from Texas. 18 (relating to engaging in monetary trans- GENERAL LEAVE actions in property derived from specified un- SEC. 18. WRONGFULLY INFLUENCING PRIVATE ENTITIES EMPLOYMENT DECISIONS Mr. SMITH of Texas. Madam Speak- lawful activity). BY LEGISLATIVE AND EXECUTIVE er, I ask unanimous consent that all ‘‘(xxiv) An offense under chapter 96 of title 18 BRANCH OFFICERS AND EMPLOYEES. (relating to racketeer influenced and corrupt or- Members may have 5 legislative days (a) IN GENERAL.—Section 227 of title 18, ganizations). United States Code, is amended— within which to revise and extend their ‘‘(xxv) An offense under section 7201 of the (1) in the heading of such section, by inserting remarks and include extraneous mate- Internal Revenue Code of 1986 (relating to at- after ‘‘Congress’’ the following: ‘‘or an officer rials on S. 2038, as amended, currently tempt to evade or defeat tax). under consideration. ‘‘(xxvi) An offense under section 104(a) of the or employee of the legislative or executive Foreign Corrupt Practices Act of 1977 (relating branch’’; and The SPEAKER pro tempore. Is there (2) by striking ‘‘Whoever’’ and inserting ‘‘(a) to prohibited foreign trade practices by domestic objection to the request of the gen- Whoever’’; concerns). tleman from Texas? ‘‘(xxvii) An offense under section 10(b) of the (3) by striking ‘‘a Senator or Representative There was no objection. Securities Exchange Act of 1934 (relating to in, or a Delegate or Resident Commissioner to, Mr. SMITH of Texas. Madam Speak- fraud, manipulation, or insider trading of secu- the Congress or an employee of either House of er, I yield myself such time as I may rities). Congress’’ and inserting ‘‘a covered government person’’; and consume. ‘‘(xxviii) An offense under section 4c(a) of the Madam Speaker, every Member of Commodity Exchange Act (7 U.S.C. 6c(a)) (relat- (4) by adding at the end the following: ing to fraud, manipulation, or insider trading of ‘‘(b) In this section, the term ‘covered govern- this House has sworn a solemn oath to commodities). ment person’ means— support and defend the Constitution ‘‘(xxix) An offense under section 371 of title 18 ‘‘(1) a Senator or Representative in, or a Dele- and to faithfully execute the office to (relating to conspiracy to commit offense or to gate or Resident Commissioner to, the Congress; which they have been entrusted by defraud United States), to the extent of any ‘‘(2) an employee of either House of Congress; their constituents. The Stop Trading conspiracy to commit an act which constitutes— or on Congressional Knowledge Act, or ‘‘(I) an offense under clause (i), (ii), (iii), (iv), ‘‘(3) the President, Vice President, an em- (v), (vi), (vii), (viii), (ix), (x), (xi), (xii), (xiii), ployee of the United States Postal Service or the STOCK Act, goes to the heart of what (xiv), (xv), (xvi), (xvii), (xviii), (xix), (xx), (xxi), Postal Regulatory Commission, or any other ex- it means to faithfully execute public (xxii), (xxiii), (xxiv), (xxv), (xxvi), (xxvii), or ecutive branch employee (as such term is defined office. (xxviii); or under section 2105 of title 5, United States The government exists to promote ‘‘(II) an offense under section 207 of title 18 Code).’’. the public good, not to enrich govern- (relating to restrictions on former officers, em- (b) CLERICAL AMENDMENT.—The table of con- ment officials and employees. Those ployees, and elected officials of the executive tents for chapter 11 of title 18, United States who are entrusted with public office and legislative branches). Code, is amended by amending the item relating are called public servants because their ‘‘(xxx) Perjury committed under section 1621 to section 227 to read as follows: of title 18 in falsely denying the commission of work should always serve the public ‘‘227. Wrongfully influencing a private entity’s rather than themselves. No one should an act which constitutes— employment decisions by a Mem- ‘‘(I) an offense under clause (i), (ii), (iii), (iv), ber of Congress or an officer or violate the sacred trust of government (v), (vi), (vii), (viii), (ix), (x), (xi), (xii), (xiii), employee of the legislative or exec- office by turning ‘‘public service’’ into (xiv), (xv), (xvi), (xvii), (xviii), (xix), (xx), (xxi), utive branch.’’. ‘‘self-service.’’ (xxii), (xxiii), (xxiv), (xxv), (xxvi), (xxvii), or The risk of government self-dealing (xxviii); or SEC. 19. MISCELLANEOUS CONFORMING AMEND- ‘‘(II) an offense under clause (xxix), to the ex- MENTS. is heightened by the huge growth in re- tent provided in such clause. (a) REPEAL OF TRANSMISSION OF COPIES OF cent years of the Federal Government ‘‘(xxxi) Subornation of perjury committed MEMBER AND CANDIDATE REPORTS TO STATE and its increasing entanglement with under section 1622 of title 18 in connection with ELECTION OFFICIALS UPON ADOPTION OF NEW the private economy. The risk of self- the false denial or false testimony of another in- SYSTEMS.—Section 103(i) of the Ethics in Gov- dealing increases when the government dividual as specified in clause (xxx).’’. ernment Act of 1978 (5 U.S.C. App. 103(i)) is undertakes to spend nearly $1 trillion amended— SEC. 16. LIMITATION ON BONUSES TO EXECU- in stimulus money on private compa- TIVES OF FANNIE MAE AND FREDDIE (1) by striking ‘‘(i)’’ and inserting ‘‘(i)(1)’’; MAC. and nies like Solyndra, or when the govern- Notwithstanding any other provision in law, (2) by adding at the end the following new ment inserts itself into the one-fifth of senior executives at the Federal National Mort- paragraph: our economy represented by health

VerDate Mar 15 2010 23:37 Feb 09, 2012 Jkt 019060 PO 00000 Frm 00006 Fmt 4634 Sfmt 0634 E:\CR\FM\A09FE7.003 H09FEPT1 rfrederick on DSK6SPTVN1PROD with HOUSE February 9, 2012 CONGRESSIONAL RECORD — HOUSE H649 care and dictates the terms of private vate businesses to hire employees of a Madam Speaker, 236 years ago, those insurance policies. certain political party, a government patriots said ‘‘enough.’’ That spirit is The decisions made by Big Govern- law that currently only applies to Con- in America’s DNA, and we would do a ment can have big money con- gress. disservice to all who came before us if sequences. Big Government can move The STOCK Act increases disclosure we failed to act. I know that a vast ma- markets. That’s why we need strong and accountability for every branch of jority of my friends on the other side of rules to reassure the public that deci- the Federal Government and ensures the aisle share this belief as well. A sionmakers are not enriching them- that public servants don’t breach the calling to service knows no party label. selves by investing based on insider trust of the American people. Madam Speaker, I urge a ‘‘yes’’ vote knowledge of government policies. Madam Speaker, for all the above on the bill. This is the goal of the STOCK Act, reasons, I support this legislation and Mr. CONYERS. Madam Speaker, I am and the House version of the STOCK encourage my colleagues to support it pleased now to recognize the original Act achieves this goal. It strengthens as well. author of this bill, and because of her the Senate proposal by expanding the Madam Speaker, I reserve the bal- deep concern about this matter, I am scope of the bill to require more disclo- ance of my time. going to yield the gentlewoman from sure and prevent all office holders from Mr. CONYERS. I yield myself such New York (Ms. SLAUGHTER) as much profiting from insider information. time as I may consume. time as she may consume. The House bill expands the legisla- Madam Speaker, Members of the Ms. SLAUGHTER. Madam Speaker, I tion so that the ban on insider trading House, we come here this morning as thank the gentleman for his gen- applies to all legislative, executive, the leaders of the Judiciary Com- erosity. and judicial branch officials and their mittee, and I have to assume that the Try as they may, Majority Leader chairman of the Judiciary Committee, staffs. The American people deserve to CANTOR and the House Republican lead- know that no one in any branch of gov- Mr. SMITH, like myself, is deeply dis- ership were unable to move forward ernment can profit from their office. appointed that we’re bringing a bill with the STOCK Act without keeping All three branches should be held to that we’ve never had a hearing on be- at least some of the reforms that we in- the same standard because all three fore the committee before the Congress cluded in this bill 6 years ago. How- branches must be worthy of the for disposition. ever, when it comes to K Street, it ap- public’s trust. b 0920 pears that Republican leadership And the bill ensures that Members of Here was a bill referred to six com- couldn’t stomach the pressure from the Congress who commit a crime do not mittees: Financial Services, Agricul- political intelligence community. receive a taxpayer-funded pension. The tural, Judiciary, House Administra- After working behind closed doors, STOCK Act clarifies that Members of tion, Ethics, and the Rules Committee. the majority removed the major provi- Congress and other government insid- Only one hearing was held in one of sion that would have held political in- ers have to play by the same rules these committees on this measure. It’s telligence operatives to the same against insider trading that have ap- never been before Judiciary or any standards as lobbyists who come before plied to the private sector for nearly 80 other committee, and so I want to the Congress. years. begin by complimenting the author of I need to put into the RECORD that Under the House bill, no Federal Gov- this measure, the ranking member, political intelligence is worth $400 mil- ernment official may use nonpublic in- former chairwoman of the Rules Com- lion a year. It is unregulated, unseen, formation which they learn about by mittee, the gentlelady from New York, and operates in the dark. Fortunately, virtue of their office for the purpose of LOUISE SLAUGHTER, for a serious and Democrats and Republicans alike are making a profit in the commodities or important amendment that has never fighting to keep political intelligence stock markets. been treated fairly. as part of the final bill. The bill strengthens financial disclo- Now, I don’t know what the expla- Senator GRASSLEY shares my outrage sure rules for public officials. Financial nation is. Maybe we can get to it dur- that Mr. CANTOR would let the political disclosure forms will be made publicly ing this proceeding. But I think that intelligence community off the hook. available in searchable, downloadable this is not the way that we want to Together with a supermajority, Demo- databases on government Web sites. move forward with a bill that was sup- crats and Republicans in the Senate, The bill requires prompt reporting of posed to get to an insider trading ban Senator GRASSLEY followed my lead significant securities transactions by that everybody wanted, because there’s and included the political intelligence key legislative and executive branch no reporting requirement in this bill. requirement in the Senate version of officials. This will bring the financial So, I will reserve the balance of my this bill. dealings of public servants into the time and look forward to the discus- I think his statement yesterday tells light of day. sion. you all you need to know about his de- The STOCK Act also strengthens dis- Mr. SMITH of Texas. Madam Speak- sire to see this language inserted back closure of officials’ mortgages so that er, I yield 2 minutes to the gentleman into the STOCK Act before it reaches public servants do not receive special from Florida (Mr. ROSS) who’s an ac- the President’s desk. rates and offers by virtue of their of- tive member of the Judiciary Com- I would like to read that into the fice. mittee. RECORD if I may. The bill expands the list of crimes Mr. ROSS of Florida. Madam Speak- ‘‘It’s astonishing and extremely dis- that result in a forfeiture of govern- er, I rise in support of the STOCK Act appointing,’’ Senator GRASSLEY said, ment pension rights, and it prevents today and in support of extending its ‘‘that the House would fulfill Wall Fannie Mae and Freddie Mac from pay- reach to the executive branch. All of us Street’s wishes by killing this provi- ing lucrative bonuses to the executives who have been honored by our fellow sion. The Senate clearly voted to try to who bear so much responsibility for the citizens with the enormous responsi- shed light on an industry that’s behind housing crisis. bility of protecting the liberties of this the scenes. If the Senate language is The House bill adds a provision to Republic have a duty to hold ourselves too broad, as opponents say, why not prevent government officials from re- to the highest of standards. propose a solution instead of scrapping ceiving special early access to the ini- You know, it’s ironic that in 2012 we the provision altogether? I hope to see tial public offerings of stock, which are here debating a bill that would pre- a vehicle for meaningful transparency can result in major profits for the well- vent public officials from enriching through a House-Senate conference or connected. themselves through our positions. other means. If Congress delays action, The bill requires executive branch of- It’s ironic because one of the great the political intelligence industry will ficials to disclose their negotiations for causes that impelled the separation stay in the shadows, just the way Wall private sector jobs, just like legislative from Great Britain was the common Street likes it.’’ branch officials do under current law. practice of public officials using their And it’s hard. The STOCK Act is a And the bill makes it a crime for exec- office to increase their personal statement of how we in Congress view utive branch officials to pressure pri- wealth. ourselves and our relationship with

VerDate Mar 15 2010 04:58 Feb 10, 2012 Jkt 019060 PO 00000 Frm 00007 Fmt 4634 Sfmt 0634 E:\CR\FM\K09FE7.007 H09FEPT1 rfrederick on DSK6SPTVN1PROD with HOUSE H650 CONGRESSIONAL RECORD — HOUSE February 9, 2012 those who sent us here. No matter how gentleman from Minnesota, TIM WALZ, believe with all their hearts that we powerful our position may be or we be- who joined with the ranking member of are wrong. They cannot believe that we lieve it is, nor how hallowed the Halls the Rules Committee in introducing are corrupt. They will have us and we that we walk, none of us is above the the original bill. will pass and we will be dust, and this law. Mr. WALZ. I thank the gentleman place—this building, this podium right With the passage of the STOCK Act, from Michigan. here—will still stand. we can move one step closer to living I’d also like to thank the chairman That’s what we’re doing here today. up to the faith and trust bestowed upon for his support of this bill and eloquent So I implore folks, let’s come together us by the American people, the citizens response on it. in a bipartisan manner. whom we serve. It’s been a long 6-year journey to I agree with the gentlelady: I’m dis- Mr. SMITH of Texas. Madam Speak- pass this reform. It has taken hard appointed the political intelligence er, I yield 2 minutes to the gentleman work and a bipartisan effort. The piece isn’t in here; but as I said, I be- from Illinois (Mr. DOLD) who is also a American people expect and deserve lieve this is a first step. We can’t wait member of the Financial Services Com- that. for the perfect to move something for- mittee. When I first came to Congress in 2006 ward, so I think it’s a good bipartisan Mr. DOLD. Madam Speaker, I cer- after spending a lifetime of teaching compromise. I implore my colleagues tainly want to thank the chairman for social studies in the public school to join us on this first step. Give this yielding, and thank you for your lead- classroom, I was approached by the win to the American public, and then ership. I also want to thank my col- gentlewoman from New York (Ms. let’s get back in here and start work- leagues on the other side of the aisle, SLAUGHTER) and Brian Baird, our ing on jobs. Let’s get back in here and Ms. SLAUGHTER, Mr. WALZ, for your former Member from Washington start working on the national debt. leadership with regard to the STOCK State. He said, You were sent here to Let’s get back in here and figure out Act. make a difference and do things dif- how we’re going to protect this Nation Madam Speaker, the American public ferently. If you really believe in re- and educate our children into the fu- believes that Congress has the ability form, take a look at this bill. ture. This lets us do that and, I think, to profit from their position, and while I got involved right after that, and shows the American public we can this is illegal today in insider trading Representative SLAUGHTER, I can say, come together. Let’s get it passed, and laws, I think that we’ve got an obliga- has been a stalwart supporter of this let’s have the President sign it. Then tion to make it even stronger and even bill. She understood this is far more let’s get on to real business. clearer to the American public and to than just about clarifying insider trad- With that, I would be remiss not to everyone that we here in the United ing. This is about restoring faith to the mention a person who was one of the States Congress hold ourselves up to a institution. original seven folks on this bill. WAL- higher standard. I think this is ex- b 0930 TER JONES has been our Republican col- pected of us as public servants. league, and has been a stalwart sup- I am pleased to say that in the She was concerned about the ethics porter of this. This is a truly bipar- STOCK Act, in this legislation moving of this body before ethics seemed to be tisan piece. Ethics crosses the aisle. forward, is language from my bill, H.R. in vogue. It has been in vogue her Our folks in here are good people who 2162, the No Pensions for Felons bill. whole lifetime. She has lived that ser- are coming together for the good of This language will strengthen and ex- mon of ethics and of living by the rules their citizens, and for that I am grate- pand the existing law to require that instead of just giving it, and that I ap- ful for today. Federal lawmakers convicted of a pub- preciate. Mr. SMITH of Texas. Madam Speak- lic corruption felony forfeit their tax- The integrity of this institution er, I yield 2 minutes to my Texas col- payer-funded congressional pension. stands above all else. As the sacred league, Mr. CANSECO, who is a member I know this sounds like common holders of the privilege, the honor and of the Financial Services Committee. sense, but actually today there are the responsibility given to us by our Mr. CANSECO. I thank my colleague, those that are collecting taxpayer- neighbors to self-govern ourselves, we Chairman SMITH, for yielding. funded pensions that have been con- must make sure that this institution is Madam Speaker, too often the Amer- victed of a public corruption charge never tarnished; and this bill goes a ican people feel that Members of Con- while serving in public office. long way to doing that. gress live by and benefit personally This provision adds 21 new public cor- The perception is that Members of from a different set of rules than those ruption offenses to the current law, in- Congress are enriching themselves. by which ordinary Americans live. cluding violations for insider trading That’s not only an affront to our neigh- To me, this lack of confidence is un- and others. Additionally, this will pro- bors that we’re not playing by the acceptable. It is imperative that we re- hibit the former Members of Congress rules; it is a cancer that can destroy build the trust of the American people from receiving a congressional pension the democracy. Each Member of Con- in their elected Representatives. if they are convicted of a covered of- gress has a responsibility to hold him- The STOCK Act will help do just fense that occurred while they are sub- self not just equal to his neighbors but that. It explicitly bans Members of sequently serving in any other publicly to a higher standard. The public wants Congress and congressional staff from elected office. us to come here and debate how we using information obtained on the job Sadly, we have seen this before, educate our children, how we serve our and using it to profit from securities where former Members of this Cham- veterans, how we build our roads, how trading and gives the Securities and ber, like one from my State, former we protect this Nation, how we spend Exchange Commission the ability to Governor Rod Blagojevich, convicted of those taxpayer dollars. That’s what investigate and prosecute them just felony corruption charges and yet at makes us strong—all these differing like any other American. age 62 he’ll be eligible for a taxpayer- ideas coming together for a com- The American people expect that funded pension. Not only is this wrong, promise and moving forward. If there is those who serve in government do so this is an insult to the American tax- a perception that someone is enriching with integrity. The STOCK Act will payers. This provision will address himself, it undermines our ability to do help ensure that those in government such violations of the public trust in those things. meet this expectation. the future. We’re not here today to pat ourselves Mr. CONYERS. Madam Speaker, I am I want to thank the chairman for on the back. This might be the only pleased to yield such time as he may your leadership, and I want to urge my place where doing the right thing gets consume to the gentleman from Vir- colleagues, not just on my side of the you kudos when it’s expected of every- ginia, BOBBY SCOTT, the ranking mem- aisle, but across the aisle to support one else. So we’re here to say that this ber of the subcommittee to which this this important legislation. is a victory, not for us, but it is one measure would have gone had we been Mr. CONYERS. Madam Speaker, I am tiny step on a journey, which is about able to hold hearings. pleased now to yield as much time as restoring the faith of the American Mr. SCOTT of Virginia. I thank the he may consume to the distinguished people and the institution. They can gentleman for yielding.

VerDate Mar 15 2010 23:37 Feb 09, 2012 Jkt 019060 PO 00000 Frm 00008 Fmt 4634 Sfmt 0634 E:\CR\FM\K09FE7.008 H09FEPT1 rfrederick on DSK6SPTVN1PROD with HOUSE February 9, 2012 CONGRESSIONAL RECORD — HOUSE H651 Madam Speaker, the bill we’re con- wrote a book called ‘‘Throw Them All used to be a vehicle by which U.S. at- sidering today, the STOCK Act, would Out.’’ After that, ‘‘60 Minutes’’ did a torneys could go after them. The Su- prohibit Members of Congress and special story about how Members of preme Court ruled that there was a de- other legislative branch employees, as Congress were benefiting by using in- fect in that law. That has been cor- well as executive and judicial branch sider information or information that rected in this bill, which means we employees, from using nonpublic infor- the rest of the public wasn’t privy to. have more effective ways to clean up mation for personal benefit derived In the succeeding several months, I folks who are using public service for from an individual’s position or gained think that story has created a deficit their own benefit, and are able to re- from the performance of an individ- of trust between Members of Congress store public trust in public officials, ual’s duties. and the American constituents. from the courthouse to Congress. Fur- Today, we are amending the Senate- I introduced a version that would ther, it makes clear that nobody can passed bill, S. 2038, with a substitute deal with this issue, I think, very sim- use their inside information here to be that makes some changes to the Sen- ply. I thought what we should do is making money in the stock market or ate text, such as regrettably elimi- mandate that Members put their assets in other places, all of which destroys nating the requirement that certain into a blind trust so there will be a the public trust which we hold. political intelligence activities be dis- bright line between information that This Congress is so, so, so, so much closed under the Lobbying Disclosure they have as Members and their trad- better than the ratings the public gives Act. These intelligence firms obtain in- ing portfolios, and if they were to it. Some of it is because of a few bad side information from Members of Con- choose not to do that, they would have apples, and some of it is because of a gress and their staffs, and then they to aggressively disclose every trade misunderstanding about what we do. sell that information to investment within 3 days. This bill will go a long way toward firms. The public should be informed of Now, my bill is not on the floor cleaning up Congress and local officials these types of contacts. today, but the version that we have and the appearance of impropriety, With this bill, our goal is to hold here today, I think, is much improved which is as important as impropriety. Members of Congress, as well as other from the original version that came We need to be like Caesar’s wife, be- government officials, to the same out. We have an improved reporting re- yond reproach, and this bill will do a standard as those in corporations who quirement that goes, not from 3 days, lot towards it. have the duty not to trade on informa- but from 90 days to 30 days, which is I take my hat off, again, to Ms. tion that is not available to the gen- much improved from the original legis- SLAUGHTER, the champion of this bill, eral public. lation. We’ve included the executive and Mr. WALZ, who have done so much. Most Members of Congress believed branch, which I think is imperative; And I am proud to be one of the origi- that this type of activity was wrong and we have language that uses the nal nine. whether explicitly prohibited by crimi- Mr. SMITH of Texas. Madam Speak- nal law or at least subject to Ethics blind trust as a potential opt-out if you’re not actually managing your er, I am very pleased to yield 1 minute Committee sanctions. Most of us as- to the gentleman from Virginia (Mr. sumed that a Food and Drug Adminis- funds. As we gather around and debate and CANTOR), the majority leader. tration official could not call a stock- Mr. CANTOR. I thank the chairman, broker shortly before a blockbuster vote on this bill, I think it is impor- tant to know that this is the first step, the gentleman from Texas. drug were to be approved and profit off Madam Speaker, our government was of that insider knowledge. We just as- a step in the right direction. Then as we come together and reevaluate what founded on a promise. This promise sumed that that was wrong. So this bill was built on a trust between the people codifies what most of us thought was we’ve done here, I think there will be many more steps to take to ensure and their elected officials. We all have already in the law. a duty to honor the trust of the Amer- This is not a complicated issue. This that Members of Congress don’t profit ican people and to work faithfully on is the same standard that applies to from the information they come across their behalf. those in the corporate context. It is as Members of this institution. Madam Speaker, it is unacceptable wrong to trade on nonpublic informa- Mr. CONYERS. Madam Speaker, I am for anyone, any elected official or their tion for our benefit and to the det- pleased now to yield 2 minutes to the staff, to profit from information that is riment of the public. The public has gentleman from Tennessee, STEVE not available to the public. People in the right to expect that the public in- COHEN, a member of the Judiciary this country have a right to know and terest comes first, and people should Committee, one who has worked on not have to worry about what may be this matter even though we couldn’t trust that officials at all levels of gov- motivating our actions as we make de- hold hearings. ernment are living under the same rules that they are. If there is even the cisions that impact them. b 0940 I want to acknowledge the work of slightest appearance of impropriety, we my colleagues, the gentlelady from Mr. COHEN. I thank the gentleman ought to go ahead and prevent that from Michigan, Ranking Member CON- New York (Ms. SLAUGHTER) and the from taking place. YERS. gentleman from Minnesota (Mr. WALZ), It is incumbent upon each of us to for their leadership in drafting and in- Madam Speaker, this is a very impor- start restoring the trust between the troducing the House version of the tant bill, and I appreciate the efforts people and their elected representa- STOCK Act. put in it by Ms. SLAUGHTER and Mr. tives. That’s what the STOCK Act is This legislation represents an appro- WALZ, who have championed this for all about. priate acknowledgment of what most over many, many, many years, and I Madam Speaker, Members from both of us thought was already the law, that appreciate the Republicans for coming sides of the aisle have worked hard on national government officials of all in with a bipartisan effort. this issue. I would especially like to ex- branches should not benefit financially The bill has, indeed, been improved press my appreciation to Representa- from nonpublic information they by the Senate; and it was improved tives TIM WALZ and LOUISE SLAUGHTER learned by virtue of their positions, through the honest services statute for their years of work on this effort. and so I urge my colleagues to vote in that was added to it, which our com- Congressman WALZ has been a leader favor of the legislation. mittee debated and passed, I believe, in on the STOCK Act since he took office Mr. SMITH of Texas. Madam Speak- good fashion. I don’t know if it was at the start of the 110th Congress, and er, I yield 2 minutes to the gentleman unanimous or not, but that was one of I particularly want to recognize his from Wisconsin (Mr. DUFFY), who is a the most important aspects, in my willingness to reach across the aisle member of the Financial Services Com- opinion, of this bill. and keep the lines of communication mittee. There are public officials throughout open as we worked to make clear that Mr. DUFFY. I appreciate the gen- this country who have abused their po- elected officials abide by the same tleman for yielding. sition of trust, and using their position rules as the American people. I think we are all aware that this for personal gain has hurt all of gov- This bill we are bringing to the floor issue came out when Peter Schweizer ernment. The honest services statute today puts in place measures that both

VerDate Mar 15 2010 23:37 Feb 09, 2012 Jkt 019060 PO 00000 Frm 00009 Fmt 4634 Sfmt 0634 E:\CR\FM\K09FE7.011 H09FEPT1 rfrederick on DSK6SPTVN1PROD with HOUSE H652 CONGRESSIONAL RECORD — HOUSE February 9, 2012 strengthen and expand the Senate’s ing the leadership of Congresswoman I think it is important to note that work on the STOCK Act, as well as re- LOUISE SLAUGHTER, our ranking mem- on the Senate side there was interest moves provisions that would have ber on the Rules Committee, and Con- in doing this study that is now in the made the bill unworkable or raised far gressman TIM WALZ for their extraor- House bill, and it was rejected by the more questions than they would have dinary leadership over time, their per- Senate by a 60–39 vote, to include the answered. We expanded the bill to en- sistence, the approach that they have political intelligence provision in the sure that executive branch officials and taken to this to remove all doubt in bill, rejecting the study. Now that that their employees are subject to the the public’s mind, if that is possible, has already been rejected in the Sen- same reporting and disclosure require- that we are here to do the people’s ate, it’s resurrected on the House side, ments as those in Congress. We must business and not to benefit personally a weakening of the bill. all live under the same rules. from it. So whether it’s the political intel- We also included a provision, cham- I listened attentively to the distin- ligence piece proposed by Senator pioned by Representative ROBERT guished majority leader, Mr. CANTOR’s GRASSLEY or Senator LEAHY’s piece DOLD, to ensure that Members of Con- remarks about the STOCK Act and its about corruption, I think it is really gress who are convicted of a crime do importance. And it just raises a ques- important that those two elements be not receive a taxpayer-funded pension tion to me as to, if it is so important, included in the bill. A good way to do after the fact. And finally, Madam and it certainly is, why we could not that, to find a path to bipartisanship in Speaker, we added a provision to pro- have worked in a more bipartisan fash- the strongest possible bill, is to pass hibit Members of Congress, executive ion either to accept the Senate bill the bill today despite its serious short- branch officials, and their staffs from which was developed in a bipartisan comings. And it is hard to understand receiving special access to initial pub- fashion and passed the Senate—what why the shortcomings are there, but lic offerings due to their positions. was it?—94–6. It’s hard to get a result nonetheless they are. But pass the bill Madam Speaker, we intend to act like 94–6 in Congress these days, but today and go to conference. To pass quickly to send the President a they were able to get the result be- earlier or to accept the Senate bill, or strengthened, workable bill that deliv- cause they worked together to develop to take the original STOCK Act, strong ers on our promise to uphold the trust their legislation. STOCK Act to the floor. Both of those of the American people. And I urge all We had two good options. One was to were rejected. Pass this bill and go to my colleagues to support the STOCK accept the Senate bill, or to take up conference. It is very important that Act. the Slaughter-Walz legislation which the House and the Senate meet to dis- Mr. CONYERS. I yield myself such has nearly 300 cosponsors. Almost 100 cuss these very important issues. With time as I may consume. Republicans cosponsored the original all due respect to a study on political May I ask the distinguished majority STOCK Act. The discharge petition has intelligence, that’s really just a dodge. been calling upon the leadership to leader one question, why he took polit- That is just a way to say we’re not bring that bill to the floor. What’s im- ical intelligence out of this provision? going to do the political intelligence portant about that is that if we passed I yield to the gentleman from Vir- piece. ginia. that bill, we could go to conference and So again, with serious reservations Mr. CANTOR. Sure. I would respond take the best and strongest of both about the bill but thinking that the to the gentleman, I think that is a pro- bills to get the job done. better course of action is to pass it, Instead, secretly, the Republicans vision that raises an awful lot of ques- and I don’t want anybody to interpret brought a much-diminished bill to the tions. I think there is a lot of discus- the strong vote for it to be a seal of ap- sion and debate about who and what floor. It has some good features. So I urge our colleagues to vote for it to proval of what it is, but just a way of would qualify and fall under the sug- pushing the process down the line so gested language that came from the bring the process along. What’s wrong with it, though, is that it makes seri- that we can move expeditiously to go Senate. And that is why, in the STOCK ous omissions. And I want to associate to conference for the strongest possible Act, we are calling for a study of that myself with the remarks that had been bill. issue, to ensure that the integrity of I want to close again by saluting made earlier; but I think they bear rep- this process is maintained. etition, in any event. Congresswoman LOUISE SLAUGHTER and But I would remind the gentleman, Senator GRASSLEY’s remarks are Congressman TIM WALZ for their re- the thrust of this bill is about making stunning. It is really a stunning indict- lentless persistence and dedication to sure that none of us, in elected office ment of the House Republicans in this issue. Had they not had this dis- or those in the executive branch, are terms of their action on this bill. And charge petition and the nearly 300 co- able to profit from nonpublic informa- I know my colleague has read this into sponsors, bipartisan, nearly 100 of them tion. The political intelligence piece is the RECORD already, but I will, too. Republicans, I doubt that we would outside of this body, and we are talking Senator GRASSLEY said: ‘‘It’s aston- even be taking up this bill today. So about us and the perception that has ishing and extremely disappointing congratulations and thank you. gathered around our conduct. that the House would fulfill Wall Mr. SMITH of Texas. Mr. Speaker, I Mr. CONYERS. Well, I thank the gen- Street’s wishes by killing this provi- yield 1 minute to the gentleman from tleman because there are some Mem- sion’’—that would be the provision on California (Mr. DANIEL E. LUNGREN) bers on the gentleman’s side of the political intelligence. ‘‘The Senate who is a senior member of the Judici- aisle that say, if Congress delays ac- clearly voted to try to shed light on an ary Committee and also chairman of tion on the political intelligence indus- industry that’s behind the scenes. If the House Administration Committee. try, we will stay in the shadows, just the Senate language is too broad, as Mr. DANIEL E. LUNGREN of Cali- the way Wall Street likes it. So I think opponents say, why not propose a solu- fornia. I thank the gentleman. we ought to think about that. And I’m tion instead of scrapping the provision Madam Speaker, let me just point hoping that the leader will continue altogether? I hope to see a vehicle for out a couple of things in response to the examination of the political intel- meaningful transparency through a what has been said on the floor about ligence industry piece. House-Senate conference or other the bill before us. Had we adopted, had I am now pleased to yield 1 minute to means. If Congress delays action, the we accepted the Senate bill, we would the gentlewoman from California, political intelligence industry will stay have had 16 drafting errors not cor- NANCY PELOSI, the distinguished leader in the shadows, just the way Wall rected; 16 misstatements in the Senate on our side of the aisle. Street likes it.’’ bill that drafted the wrong provisions Ms. PELOSI. I thank the gentleman of the ethics laws that already existed for yielding and thank him for giving b 0950 and would have ensured that what was us this opportunity to discuss an im- Well, the Senator’s statement is very said on the Senate floor and is being portant matter—the integrity of Con- widely covered. The Hill today has a said here would not be enforced in law, gress—on the floor of the House. big, full page, ‘‘Grassley: Republicans number one. I, too, want to join the distinguished caved. Iowa Senator says House doing Number two, if we had taken the majority leader, Mr. CANTOR, in prais- Wall Street’s bidding.’’ Senate bill, the absolute prohibition

VerDate Mar 15 2010 00:39 Feb 10, 2012 Jkt 019060 PO 00000 Frm 00010 Fmt 4634 Sfmt 0634 E:\CR\FM\K09FE7.012 H09FEPT1 rfrederick on DSK6SPTVN1PROD with HOUSE February 9, 2012 CONGRESSIONAL RECORD — HOUSE H653 about Members participating in IPOs Democrats and Republicans alike. Sen- such enormous history because of the would not be before us. That is an addi- ator GRASSLEY, the Senator from Iowa changing times. tion that we have in the House bill. who I work with quite a bit, was among I don’t believe that Members of Con- That is an additional prohibition. That the first to criticize their actions. And gress are spending their time dwelling makes that an illegal act. It has not after they stripped out his provision to on information that they have and been in the past. The Senate bill did require greater transparency over so- using it for self-purpose, but we now not even talk about that. called political intelligence, Senator stand here united saying that Members Third, with respect to the issue of po- GRASSLEY said, and it has been said of Congress, employees of Congress, litical intelligence, I respect the Sen- again and again, but I think it needs to and all Federal employees are pre- ator from Iowa very much, but I doubt be in the DNA of every cell of our vented from using any nonpublic infor- he has ever prosecuted anybody and brains, that ‘‘It’s astonishing’’—and mation derived from the individual’s put them in prison for conflict of inter- these are his words—‘‘and extremely position as a Member of Congress or est during their public service. I have. disappointing that the House would employee of Congress, or gain from per- The SPEAKER pro tempore. The fulfill Wall Street’s wishes by killing formance of the individual’s duties, for time of the gentleman has expired. the provision.’’ personal benefit. Mr. SMITH of Texas. I yield the gen- That is an incredible indictment, and b 1000 tleman an additional minute. I share his disappointment that this Mr. DANIEL E. LUNGREN of Cali- bill does not go far enough to require That is waving a flag to all of our fornia. I understand when you do that, the transparency that we need. Let me constituents, to the Nation that says you have to deal with the very careful be clear: no Members of Congress that we’re here to stand united for you. constitutional questions of people deal- should be able to benefit personally I hope that helps us as we move for- ing with their right to apply before the from information they gain by virtue ward on payroll tax relief and unem- government their grievances. That has of their service in the Congress. How- ployment. But there is a challenge that become known now as lobbying. It is a ever, House Republicans have rushed to I think we have missed, and I think constitutionally protected activity. the floor weakened legislation that Senator GRASSLEY has carefully ana- And the idea that we have a Congress Members have not had a chance to read lyzed why he is in essence offended, committed to transparency means that the way they should have had. Perhaps even with 16, if you will, drafting er- we give out as much information as we as a result of the rush, this bill also ap- rors, which I hope that as we move to possibly can. Those are difficult, con- pears to have drafting problems that conference—that we must do—will be flicting interests that have to be care- need to be corrected. For example, the corrected. Mr. CONYERS. Will the gentlelady fully determined if we’re going to deal Office of Government Ethics has indi- with the question of political intel- yield to me just briefly? cated that the current bill could be in- Ms. JACKSON LEE of Texas. I will ligence. It does us no good to pass a bill terpreted as requiring that confidential yield to the gentleman. that will be rendered unconstitutional. financial disclosure forms filed by low- Mr. CONYERS. Because we’ve got the And it does us no good to not carefully level employees, such as staff assist- 16 from our distinguished Judiciary consider this. As a matter of fact, on ants in the executive branch, must be colleague Mr. LUNGREN. These are the Senate floor, it was Senator LIE- posted online. merely technical errors that are cor- BERMAN who asked his fellow col- Mr. Speaker, while I support the pur- rected by the enrolling resolution that leagues to give them time on the Sen- pose of this legislation, while I will surely he must have heard about. ate side to study the issue so that, pre- vote for this legislation, I have my These aren’t errors that would have cisely, they would not render the bill deep concerns. But as Mr. CANTOR said, gone into the bill. unconstitutional. I might add that hopefully we’ll be able to address these I thank the gentlelady for yielding. Senator LIEBERMAN also served as At- issues in the future and come out with Ms. JACKSON LEE of Texas. I thank torney General of his State, and knows a better bill. the gentleman for clarifying it. whereof he speaks. Mr. SMITH of Texas. Madam Speak- I still think that we should rush Mr. CONYERS. Madam Speaker, I er, how much time remains on each quickly to conference because what is yield myself 30 seconds. side? missing from this—and we can’t say it I would just like to compliment the The SPEAKER pro tempore. The gen- more often than over and over again, distinguished gentleman from Cali- tleman from Texas has 61⁄2 minutes re- from the Abramoff matter that all of fornia who was an Attorney General maining. The gentleman from Michi- us knew of years ago and by ‘‘political himself and is very sharp on these mat- gan has 21⁄2 minutes remaining. intelligence’’ refers to information ters. Could you make available to us Mr. SMITH of Texas. Madam Speak- that is potentially market-moving, is these 16 drafting errors of the Senate? er, we are prepared to close, so I re- nonpublic, or not easily accessible to I’d be delighted to get them from you. serve the balance of my time. the public, is gathered and analyzed. I yield to the gentleman from Cali- Mr. CONYERS. Madam Speaker, I’m Therefore, we are missing a large gap fornia. prepared to close, and I do so by yield- by leaving out the provision on polit- Mr. DANIEL E. LUNGREN of Cali- ing the balance of my time to the dis- ical intelligence, a $100 million indus- fornia. If the gentleman would send tinguished gentlewoman from Texas try. someone over here, you can make a (Ms. JACKSON LEE). Yes, we’re going to support this legis- copy of it right now. The SPEAKER pro tempore. The gen- lation, but we can’t get to conference Mr. CONYERS. I thank the gen- tlewoman from Texas is recognized for soon enough to make this bill com- tleman very much. 21⁄2 minutes. parable and ready for the American I’m pleased now to yield 2 minutes to Ms. JACKSON LEE of Texas. Madam people. We must regulate ourselves be- the distinguished gentleman from Speaker, I thank the members of the cause they have trusted us to lead this Maryland (Mr. CUMMINGS), the ranking Judiciary Committee, both the chair- Nation. member of the Committee on Oversight man and the ranking member, and, as Mr. SMITH of Texas. Madam Speak- and Government Reform. all have applauded, Congresswoman er, I yield the balance of my time to Mr. CUMMINGS. Madam Speaker, I SLAUGHTER and Congressman WALZ for the gentleman from California (Mr. thank the gentleman for yielding, and their continued leadership. And I am DANIEL E. LUNGREN), chairman of the I thank Congresswoman SLAUGHTER very pleased to have been one of the, as House Administration Committee. and Congressman WALZ for their tre- they say, long-suffering cosponsors The SPEAKER pro tempore. The gen- mendous work. since, I believe, the 110th Congress. tleman from California is recognized I stand here and urge our Members to It’s important for our colleagues to for 61⁄2 minutes. support this bill, but certainly I have understand that I think we all come Mr. DANIEL E. LUNGREN of Cali- my concerns. House Republicans here with the intent to serve this coun- fornia. I thank the gentleman from stripped out of a bipartisan bill that try, and to serve it well. And I believe Texas for yielding. passed the Senate overwhelmingly key that when we self-regulate, we only en- Madam Speaker, at the very outset, I provisions that were supported by hance this institutional body that has would like to thank Members on both

VerDate Mar 15 2010 00:39 Feb 10, 2012 Jkt 019060 PO 00000 Frm 00011 Fmt 4634 Sfmt 0634 E:\CR\FM\K09FE7.014 H09FEPT1 rfrederick on DSK6SPTVN1PROD with HOUSE H654 CONGRESSIONAL RECORD — HOUSE February 9, 2012 sides of the aisle for attempting to try assurance, Madam Speaker, must be I want to make it clear not only to and deal with a serious issue. I’d like government-wide. America not only our colleagues but to the American to particularly point to staff who have needs to know that all of their govern- public, it is against the law now, it has worked over this last weekend, includ- ment officials are subject to insider been against the law. If anybody has ing four attorneys on my House Ad- trading laws, but also need to know evidence of this, they should report it ministration Committee, who spent a and need proof that they are adhering to the proper authorities because it is good portion of this last weekend going to them, which is exactly what the against the law. through the Senate bill and trying to amended version of the S. 2038 accom- Madam Speaker, the amendment be- come up with what we believe is a re- plishes. fore us, when applied to the underlying sponsible bill, a tough bill that could In 2010, the Supreme Court issued a bill, creates the clarity and account- pass this House, and frankly did not in- decision in Skilling v. United States ability necessary to ensure that gov- clude the errors that we found in the that set out several specific questions ernment officials—elected, appointed, bill on the Senate side. that it said must be answered in crimi- and otherwise—adhere to Federal in- Several months before the STOCK nal statutes on honest services. The sider trading laws. It prohibits Mem- Act debuted in the Senate, questions Senate bill ignored the Supreme bers, officials, and employees of every were raised publicly about the applica- Court’s guidance and failed to answer branch of government from using non- tion of existing laws relating to insider the questions it set out. The amend- public privileged information for per- trading. Specifically, there were ques- ment does more than eliminate the sonal gain, and it creates a disclosure tions as to whether or not the current Senate’s defective provisions and nu- mechanism for finding out when they laws applied to Members of Congress or merous drafting errors. do so. Additionally, the bill denies pen- sions for Members convicted of crimes. their staff. As chairman of the Com- Our bill before us also strengthens That is an addition to current law. It mittee on House Administration, I and the previous House and Senate pro- eliminates bonuses for senior execu- my staff carefully reviewed current posals by first clarifying the broad ap- tives at Fannie Mae and Freddie Mac. law, and we concluded that the prohibi- plication of insider trading laws, mak- That is an addition to current law. And tion on insider trading and the crimi- ing sure no one questions it. As I say, it is already against the law, and no it directs the GAO to utilize—— nal penalties associated with it are Mr. COHEN. Madam Speaker, will very much applicable, and not just to Member ought to rush out now and at- tempt to use his insider trading infor- the gentleman yield? Members of Congress and staff of the The SPEAKER pro tempore. The legislative branch. mation for insider trading thinking that he or she is not covered. They are time of the gentleman has expired. Let me be clear. Let us disabuse any- Mr. DANIEL E. LUNGREN of Cali- one of the notion that somehow they already covered. It expands the financial transaction fornia. With that, I would urge that all could engage in insider trading be- disclosure requirements. We are going vote for this strong, strong STOCK tween now and the time the bill gets on to be required now, in terms of actual Act. the President’s desk and he signs it. It Mr. COHEN. Madam Speaker, may I financial transactions, to report within is already illegal. That is the advice have unanimous consent to ask one a 30-day period as opposed to doing it I’ve given Members when I’ve been brief question that’s pertinent to this quarterly. We’re also going to be re- asked. That’s the advice I’ve given to bill? quired to disclose our mortgages, the press when they’ve asked. It’s the The SPEAKER pro tempore. Does the which are not required right now. So advice that’s been given by the Ethics gentleman seek unanimous consent to we are expanding the disclosure re- extend the debate time? Committee to Members of Congress quirements. We extend the post-em- and to staff. No one within the House Mr. COHEN. Yes, please. For 1 ployment negotiation restrictions. We minute. of Representatives or the Senate or the expand prohibitions on influencing pri- executive branch or even the judicial The SPEAKER pro tempore. Is there vate hiring decisions. This is an addi- objection to the request of the gen- branch, regardless of responsibility, tional point. title or salary, should be under the tleman from Tennessee to extend the I would say to my friend from Michi- debate time? false impression that they are some- gan, the former chairman of the Judici- Mr. SMITH of Texas. I am afraid I how exempt under these laws. They are ary Committee, we end the preferential will have to object. The gentleman’s not. treatment of government officials by time has expired. Mr. CONYERS. Will the gentleman prohibiting them from accepting exclu- The SPEAKER pro tempore. Objec- yield? sive access to IPOs. That has not been tion is heard. Mr. DANIEL E. LUNGREN of Cali- against the law. There’s been some sug- Mr. JOHNSON of Illinois. Madam Speaker, fornia. I yield to the gentleman from gestion that might have been carried I rise today in support of the Stop Trading on Michigan. on by some Members. I have no evi- Congressional Knowledge Act, also known as Mr. CONYERS. Thank you, sir. dence whether it has or it has not; but the STOCK Act. As a sponsor of the original Why are we passing this law if the that is an additional prohibition placed bill in 109th Congress, I am a firm believer conduct we are prohibiting is already in this, which I believe was not in the that Members of Congress should receive no illegal? Senate bill, is not under current law, greater privilege than that of our own constitu- Mr. DANIEL E. LUNGREN of Cali- but it does make it explicit. Members ents. Although I am grateful for the passage of fornia. I would be very happy to re- of Congress cannot participate in ac- this bill today, it is reprehensible that it has spond to that, and I will a little bit cepting exclusive access to IPOs. taken six long years for this legislation to fi- later on in my statement. Thank you Mr. CONYERS. Will the gentleman nally come to the Floor for consideration. very much. yield? As President Lincoln stated, our government In addition to the Congress some- Mr. DANIEL E. LUNGREN of Cali- was intended to be a ‘‘government of the peo- times dedicated to redundancy, there is fornia. Certainly. ple, by the people, for the people.’’ Sadly, we a question of clarification. The fact Mr. CONYERS. I want to thank the have fallen away from those founding prin- that we’ve had questions asked of us gentleman for bringing us this infor- ciples. Today, many government officials live over the last several months as House mation. I will take back to everybody in Washington, secluded from their constitu- Administration chairman, as the Eth- on this side of the aisle not to rush out ents, and out of touch with reality. They ben- ics chairman has done, gives rise to the and try to do any last-minute deals be- efit from financial insight used to improve their question that some have asked, and we cause it is already illegal if you will do own stock portfolios, enjoy luxury trips dis- have tried to disabuse them of that no- the same with the Members on your guised as CODELs, and upon retirement, re- tion all along. Although we create and side. ceive generous pensions despite their own ac- uphold the laws of the land, we are not Mr. DANIEL E. LUNGREN of Cali- tions while in office. Politicians come to Wash- above them. As their elected represent- fornia. I would be happy to if they ington not to represent their constituencies, atives, we owe our constituents the as- don’t know that already. But when you but for their own avail. surance that the decisions we make read the newspapers, you would think Vainglorious acts such as these, committed here in the people’s House are, in fact, that somehow it is proper and appro- by our country’s leaders, are simply unaccept- for the people and not ourselves. This priate. able.

VerDate Mar 15 2010 00:39 Feb 10, 2012 Jkt 019060 PO 00000 Frm 00012 Fmt 4634 Sfmt 9920 E:\CR\FM\K09FE7.016 H09FEPT1 rfrederick on DSK6SPTVN1PROD with HOUSE February 9, 2012 CONGRESSIONAL RECORD — HOUSE H655 I have introduced several pieces of legisla- 376, the ‘‘Insider Trading Sanctions Act of to strengthen this legislation. If we wish to re- tion intended to reduce government waste, 1984,’’ and P.L. 100–704, the ‘‘Insider Trading store confidence in our government, we must hold Members accountable for their actions, and Securities Fraud Enforcement Act of start by using fair and transparent legislative and increase transparency within our federal 1988,’’ which are the only major insider trading procedures. government. For example, the STAY PUT Act laws on the books. Mr. QUIGLEY. Madam Speaker, I rise today would require the completion of a study on the Madam Speaker, I am ashamed to say I as a cosponsor and strong supporter of the costs of Congressional foreign travel claimed was right in predicting that banks would be- STOCK Act. to meet criteria of ‘‘official business,’’ by Mem- come ‘‘too big to fail’’ when I opposed the bers, officers, and employees of Congress. Gramm-Leach-Bliley Act on the floor in 1999. The STOCK Act includes the Congressional Another piece of legislation I have introduced, I hope I am wrong in predicting that the Integrity and Pension Forfeiture Act, which the Citizen Legislator Act, aims to cut the time STOCK Act, if not subjected to serious scru- Congressman DOLD and I introduced last year. spent in Washington, DC in half, cuts Con- tiny and amended, will produce an administra- The Pension Forfeiture Act ensures that gressional salaries and budgets in half, allows tive morass and, worse, an enforcement tool former Members of Congress forfeit their pen- Members to work jobs outside of public office, subject to the perils of political manipulation. sions if they are convicted of committing a and increases the time Members spend in That in mind, I ask my colleagues to vote in public corruption crime while serving in elected their districts with the people who elected favor of S. 2038. public office. Mr. MICHAUD. Madam Speaker, I rise them. Corrupt former legislators who continue to Madam Speaker, while, many of us may at- today in strong support of the STOCK Act. I collect pensions on the taxpayer dime are tak- tempt to project the appearance that our mo- regret having to miss a vote on this significant ing advantage of the American people even tives are truly altruistic, the time has come for legislation, but I had to return to Maine to at- after they have left office. real action. I applaud my colleagues for pass- tend a family funeral. Had I been present, I ing the STOCK Act today and encourage them would have voted for the House Amendment This legislation will protect taxpayer dollars to consider additional legislation bearing simi- to S. 2038. and end what could only be viewed as a re- lar objectives, to listen to their constituents, These commonsense rules will help ensure ward for those who have abused the public’s and to spend more time in their districts. I re- that no member of Congress profits from the trust. main optimistic that many of us still remember nonpublic information they receive in their offi- In my home state of Illinois, we know all too why we find ourselves here today: to serve the cial capacity. The voters in our districts sent well about the costs of corruption. American people. us here to work hard on their behalf. It is sim- Mr. DINGELL. Madam Speaker, I rise in ply wrong that anyone would consider using Two former governors of Illinois, George support of S. 2038, the STOCK Act. I have al- insider information he or she gains while work- Ryan and Rod Blagojevich, are serving exten- ways stood for the strictest ethical standards ing for his or her constituents to make invest- sive prison time for corruption. for all government employees, and today is no ment decisions. Blagojevich, who previously represented the different. Government employees cannot be Faith in Washington is at an all time low. Illinois 5th District, continues to claim his fed- allowed to profit privately in the performance Unfortunately, the STOCK Act is only a small eral pension because of a loophole in existing of their official duties. Indeed, throughout my step towards restoring the public’s trust in their law. elected officials. However, it is an important career, it has always been my understanding Congressman DOLD and I believe that this that the House Ethics Rules specifically pro- step that will help hold every one of us more loophole should be closed. hibit this sort of behavior. accountable. I will vote in favor of S. 2038. I am very I was proud to join two hundred eighty-four I urge my colleagues to join me in sup- pleased that the bill contains a rule of con- of my colleagues from both sides of the aisle porting the STOCK Act and restoring trans- struction to preserve the Securities Exchange as a cosponsor of the original House version parency, accountability, and trust in govern- Commission’s, SEC, existing anti-fraud en- of the STOCK Act. I am hopeful that this ment and public service. forcement authorities. Nevertheless, I have lin- strong show of bipartisanship can continue on Mr. FITZPATRICK. Madam Speaker, insider gering concerns about the bill’s practicability the other important issues that face our coun- trading is and has been against the law no and other unintended consequences. I believe try. matter who you are. The bill we are debating these matters might have been clarified if the Mr. LANGEVIN. Madam Speaker, I rise in is not about simply banning Members from in- bill had undergone regular order. Absent that, support of the House amendment to S. 2038, sider trading, it is about holding Members of Members of the House should have been the Stop Trading on Congressional Knowl- Congress and members of the administration given a briefing about the bill prior to taking it edge, STOCK, Act, but I must share my deep to a higher standard as I think we should be. up. In fact, I requested such a briefing in a disappointment with the House Republican Confidence in Congress is at an all time low February 7, 2012, letter to Speaker BOEHNER leadership’s move to weaken this legislation. and restoring trust with the American people is and Leader CANTOR, but that request appears As a cosponsor of the House version of the paramount. While affirming the ban on insider to have fallen on deaf ears. STOCK Act that has 285 bipartisan cospon- trading the STOCK Act also significantly It is uncertain to me whether House Leader- sors, I strongly believe we need to restore broadens prohibited activity and establishes a ship will insist on convening a conference trust in our public officials and those who work new reporting system that will allow for un- committee with our friends in the Senate to closely with them by clarifying that the same precedented transparency. forge a compromise. If that is to occur, I insider trading rules that everyone else must strongly urge House conferees to consider follow apply to all three branches of our gov- I urge my colleagues to support this bill be- and solve the rather ticklish problem of how ernment as well. The STOCK Act will prohibit cause even the appearance of operating out- the SEC and House Committee on Ethics will Members of Congress and employees of Con- side the law needs to be addressed forcefully. interact under the Act. Furthermore, I have gress from profiting from nonpublic information By shining the brightest light possible on the deep, dark fears that influential members of they obtain via their official positions. It will financial transactions of Members of Congress the House, Senate, and associated political or- also require Members of Congress to report and the administration we can help ensure ganizations might exert pressure on the Com- on their stock sales. that no one is taking advantage of their posi- mission to open or never begin a congres- The Senate version added a provision that tions. Madam Speaker, the American people sional insider trading investigation for political would require firms specializing in ‘‘political in- have elected us to be their representatives gain. Such an incident would fly in the face of telligence,’’ that may use information obtained and that means conducting ourselves with the the STOCK Act’s otherwise meritorious intent. from Congress to make financial transactions, highest of ethical standards. Anything less is a In closing, I can only stress that this matter to register with the House and Senate—just as disservice to this office and to those who sent would have been best addressed in the var- lobbying firms are now required to do. House us here. ious committees of jurisdiction and according Republicans watered down this bill in the mid- Ms. JACKSON LEE of Texas. Madam to regular order. Observance of this institu- dle of the night by dropping this provision, Speaker, I rise today to debate the S. 2038— tion’s rules and procedures has produced well- even though it was unanimously approved by Stop Trading on Congressional Knowledge, written laws which have endured for years. I the House Judiciary Committee this past De- STOCK, Act which would amend the Congres- observed regular order as chairman of the cember. sional Accountability Act of 1995 and the Eth- Committee on Energy and Commerce and The measure before us today is an impor- ics in Government Act. The legislation would held numerous hearings on securities fraud in tant first step, but once it is passed, I call on require the Senate and the House of Rep- the 1980s. These hearings produced P.L. 98– my colleagues to conference with the Senate resentatives to implement an electronic filing

VerDate Mar 15 2010 04:58 Feb 10, 2012 Jkt 019060 PO 00000 Frm 00013 Fmt 4634 Sfmt 9920 E:\CR\FM\K09FE7.062 H09FEPT1 rfrederick on DSK6SPTVN1PROD with HOUSE H656 CONGRESSIONAL RECORD — HOUSE February 9, 2012 system for financial disclosure forms and pro- own version of the STOCK Act which waters ment—whether the information on which the vide the public with on-line access to that in- down government reform and leaves out a Member trades is ‘‘material’’—Is there ‘‘a sub- formation in a searchable database. S. 2038 critical piece of the STOCK Act—namely, the stantial likelihood’’ that a reasonable investor also would make clear that Members of Con- registration of the political intelligence industry. ‘‘would consider it important’’ in making an in- gress, Congressional employees, and federal Registration of the political intelligence in- vestment decision?—and whether the informa- employees are prohibited from using nonpublic dustry was included in the Senate passed bill, tion on which the Member traded is ‘‘non- information for personal financial benefit. In but stripped out of this watered down Repub- public.’’ addition, the legislation would require more lican version. Instead of requiring registration, The bill before us today has utilized Senate timely reporting of information about financial my Republican colleagues only require a study language which clarifies federal ethics rules transactions by Members and staff. of the industry. and establishes a fiduciary duty against insider The STOCK ACT would prohibit Members It is as though the Majority wishes to ignore trading by all three branches of government. of Congress, employees of Congress, and all the fact that regulation of the political intel- This measure does give the Securities Ex- federal employees from using ‘‘any nonpublic ligence community was supported by 285 change Commission, SEC, Department of Jus- information derived from the individual’s posi- Members of Congress who were co-sponsors tice, DOJ, and Commodities Futures Trading tion as a Member of Congress or employee of of the original Slaughter-Walz bill. Instead, Commission, CFTC, clear authority to pros- Congress, or gained from performance of the what we now know is that after emerging from ecute insider trading cases throughout the fed- individual’s duties, for personal benefit.’’ behind closed doors, the bill introduced by Re- eral government, as well as clarifying that The bill before us today is not the same publicans does nothing to regulate the political 28,000 executive branch employees will be measures that had received overwhelming bi- intelligence community. subject to the same online, public financial dis- partisan support in the Senate or the House. Regulating the political intelligence industry closure rules as will be applied to Congress. The measure before us today has been is vital to this piece of legislation. A study will In addition it adds more specific disclosure re- brought onto the Floor under the cover of not have the same impact as a requirement strictions on executive branch officials, and re- darkness. There was zero transparency in the that these firms register and come out from quires that their disclosures be online within process and there is no opportunity to offer the shadows. 30 days of submission. amendments. Political intelligence firms or people who Even so, this measure is still a watery have special relationships with government of- I firmly and unequivocally believe that the version of Ms. SLAUGHTER’S bill. We have American people deserve to know that their ficials can obtain nonpublic legislative informa- been denied the opportunity to amend the bill elected officials only have one interest in tion or learn about pending legislative deci- on the Floor today in a manner that would en- mind, which is doing what is best for the coun- sions by attending lobbying sessions, or com- sure bipartisan support. municating directly with lobbyists and law- try rather than their own financial interests. Again, Republican-led House has gone too makers. This behavior is particularly disturbing at a far. They not only not eliminated the political The term ‘‘political intelligence’’ refers to leg- time when so many Americans are struggling intelligence registration requirement and re- islative information that is potentially market- to make ends meet. Members of this body and placed it with a 12-month GAO study. They moving, is nonpublic or not easily accessible any public servant should not have a financial have also removed from this measure the anti- to the public, and is gathered, analyzed, and edge because of information they have at- corruption provision that restored criminal pen- sold to or shared with interested parties by tained while serving the American people. alties in some public corruption cases. This The issue before us today is not whether a firms or people with access to such informa- provision had been unanimously approved by insider trading law should exist for lawmakers. tion. Political intelligence is typically sold to House Judiciary in December. The issue before us today is one of fairness independent companies or third parties whose House Republican leadership should have and transparency. As we attempt to shine a business demands knowledge of upcoming allowed this bill to be finalized in an open and spotlight on those who may profit on insider market and industry affecting legislative deci- transparent manner. Instead, the Majority con- knowledge, the Republican led majority in the sions. tinued their ‘‘my-way-or-the-highway’’ ap- House has closed out the possibility of improv- The political intelligence industry must be proach. They shut out their colleagues, and ing this bill. regulated. These firms have grown drastically The night before last, the Rules Committee over the last few decades, and are now a made partisan changes to what was a bipar- passed a rule on a straight party-line vote. $100 million a year industry. Every day these tisan bill. The rule has allowed the Republican majority firms help hedge funds and Wall Street inves- Mr. BLUMENAUER. Madam Speaker, I sup- to bring up their own version of the STOCK tors unfairly profit from nonpublic congres- port the Stop Trading on Congressional Act under a suspension of the rules. sional information. These firms have no con- Knowledge, STOCK, Act. This bill clarifies that Let me be clear; Republican leadership has gressional oversight and can freely pass along Members of Congress, congressional staff, ex- brought a bill onto the Floor under a suspen- information for investment purposes. In 2005, ecutive branch officials, and judicial officers sion of the rules. They utilized the most re- insiders profited from a last-minute govern- are subject to the same insider trading rules strictive process the House has to offer. In ment bailout of companies who were em- as everyone else. It is common sense to en- fact, this process is so restrictive that it is broiled in asbestos litigation. We must prevent sure that taxpayers do not pay the salary of often reserved for noncontroversial items such such windfalls from happening again. people who take advantage of privileged con- as naming post offices, buildings, or even The U.S. House of Representatives Ethics versations to make a profit. I am pleased that playgrounds. Manual states that its members should ‘‘never the STOCK Act has such strong bipartisan For this bill, of all bills, to be brought up use any information coming to him confiden- support, but I am disappointed in the way that under suspension of the rules is tially in the performance of governmental du- Republican leaders are ushering the bill unfathomable. The Republican-led majority ties as a means for making private profit,’’ and through the House. has given Democrats no opportunity to offer the Senate Ethics Manual states that its Con- For a bill that ends insider trading and is their own amendments in order to improve the flict of Interest Rule 37(1) provides for ‘‘a supposed to bring transparency to the influ- bill. In addition, there is no chance for the broad prohibition against members, officers or ence peddling industry in Washington, it is dis- Democrats to offer our own alternative, under employees deriving financial benefit, directly or appointing that—literally in the dark of night— a Motion to Recommit. indirectly, from the use of their official Republican leaders listened to the complaints As a Senior Member of the Judiciary Com- position[s].’’ No arrests or prosecutions, how- of lobbyists and changed the bill. Republicans mittee, I find the actions of the Republican-led ever, have ever been made against members removed two important provisions that shine House to be outrageous. It is a direct con- of Congress for insider trading based on non- light on the shadowy world of political intel- tradiction to the original bipartisan effort sup- public congressional knowledge. ligence and that empower federal investigators ported in this House by 285 Members of this While Members of Congress are not exempt to bring criminal corruption charges against body pushed by Ms. SLAUGHTER, a bill which from federal securities laws, including insider public officials. was composed over the course of 6 years. trading prohibitions, it remains unclear whether The STOCK Act that I cosponsor, and that Further, considering the bipartisan support a member of Congress has a fiduciary duty to passed the Senate with 96 votes, requires that received for the initial Senate version of the the United States—misappropriating informa- political intelligence consultants register their STOCK Act and the significant bipartisan sup- tion gained through an employment relation- activities, similar to the manner of lobbyists. port received by the bill introduced by my dear ship is illegal, but case law conflicts as to These consultants gather inside information colleague Ms. SLAUGHTER it is curious that the whether members of Congress actually con- from Members of Congress and staff and then Republicans have chosen to put forward their stitute ‘‘employees’’ of the federal govern- sell that information to Wall Street, lobbyists

VerDate Mar 15 2010 04:58 Feb 10, 2012 Jkt 019060 PO 00000 Frm 00014 Fmt 4634 Sfmt 9920 E:\CR\FM\A09FE7.016 H09FEPT1 rfrederick on DSK6SPTVN1PROD with HOUSE February 9, 2012 CONGRESSIONAL RECORD — HOUSE H657 and hedge funds. This is a $400 million indus- Bass (CA) Fattah Larsen (WA) Richardson Schwartz Tipton try and yet we know very little about it; political Bass (NH) Filner Larson (CT) Richmond Schweikert Tonko Becerra Fincher Latham Rigell Scott (SC) Towns intelligence consultants work in anonymity. Benishek Fitzpatrick LaTourette Rivera Scott (VA) Tsongas Public officials are entrusted by the public to Berg Flake Latta Roby Scott, Austin Turner (NY) conduct their duties with integrity. Those who Berkley Fleischmann Lee (CA) Roe (TN) Scott, David Turner (OH) abuse this trust should be held accountable Berman Fleming Levin Rogers (AL) Sensenbrenner Upton Rogers (KY) Serrano and prosecuted to the fullest extent of the law. Biggert Flores Lewis (CA) Van Hollen Bilbray Forbes Lewis (GA) Rohrabacher Sessions Vela´ zquez That is why the original version of the STOCK Bilirakis Fortenberry Lipinski Rokita Sewell Visclosky Act gave prosecutors tools to identify, inves- Bishop (GA) Foxx LoBiondo Rooney Sherman Walberg Ros-Lehtinen Shimkus tigate, and prosecute criminal conduct by pub- Bishop (NY) Frank (MA) Loebsack Walden Roskam Shuler Bishop (UT) Franks (AZ) Lofgren, Zoe Walsh (IL) lic officials. This is an important provision that Ross (AR) Simpson Black Frelinghuysen Long Walz (MN) holds public officials accountable for their ac- Ross (FL) Sires Blackburn Gallegly Lowey Wasserman Rothman (NJ) Slaughter tions and protects the integrity of government Bonamici Garamendi Lucas Schultz Roybal-Allard Smith (NE) institutions. Bonner Gardner Luetkemeyer Waters Bono Mack Garrett Luja´ n Royce Smith (NJ) These two provisions should be reinstated Watt Boren Gerlach Lummis Runyan Smith (TX) Waxman when the House and Senate go to conference. Boswell Gibbs Lungren, Daniel Ruppersberger Smith (WA) Webster Despite its shortcomings, the STOCK Act Boustany Gibson E. Rush Southerland Welch offers much to support. In addition to the in- Brady (PA) Gingrey (GA) Lynch Ryan (OH) Speier West sider trading rules, this bill expands existing Brady (TX) Gohmert Mack Ryan (WI) Stark ´ Whitfield law that bans Congressional pensions for Braley (IA) Gonzalez Maloney Sanchez, Linda Stearns Brooks Goodlatte Manzullo T. Stivers Wilson (FL) Members of Congress convicted of committing Broun (GA) Gosar Marchant Sanchez, Loretta Stutzman Wilson (SC) a felony. It also prohibits bonuses for Fannie Brown (FL) Gowdy Marino Sarbanes Sullivan Wittman Mae and Freddie Mac executives while the Buchanan Granger Markey Scalise Sutton Wolf Womack GSEs are still supported by taxpayer dollars. Bucshon Graves (GA) Matheson Schakowsky Terry Buerkle Graves (MO) Matsui Schiff Thompson (CA) Woolsey It is important that Members of Congress be Burgess Green, Al McCarthy (CA) Schilling Thompson (PA) Yarmuth held to the same ethical standards as our con- Butterfield Green, Gene McCarthy (NY) Schmidt Thornberry Yoder stituents. The STOCK Act is a critical piece of Calvert Griffin (AR) McCaul Schock Tiberi Young (FL) legislation that is long overdue. I am pleased Camp Griffith (VA) McClintock Schrader Tierney Young (IN) Canseco Grijalva McCollum NAYS—2 that it is moving forward with strong bipartisan Cantor Grimm McCotter support, but I hope that it is strengthened Capito Guinta McDermott Campbell Woodall when the House and Senate go to conference. Capps Guthrie McGovern NOT VOTING—14 Mr. VAN HOLLEN. Madam Speaker, as a Capuano Gutierrez McHenry cosponsor of the original House STOCK Act, Carnahan Hahn McIntyre Blumenauer Fudge Shuster Carson (IN) Hall McKeon Burton (IN) Michaud Thompson (MS) IM H.R. 1148, I commend my colleagues T Carter Hanabusa McKinley Cardoza Paul Westmoreland WALZ and LOUISE SLAUGHTER for their leader- Cassidy Hanna McMorris Carney Platts Young (AK) ship on this issue and will support the version Castor (FL) Harper Rodgers Edwards Rogers (MI) of the legislation we are being asked to vote Chabot Harris McNerney Chaffetz Hartzler Meehan on today so that we can send it to conference Chandler Hastings (FL) Meeks b 1035 and finalize a stronger product for the Amer- Chu Hastings (WA) Mica Messrs. WALDEN, HINCHEY, and ican people. Cicilline Hayworth Miller (FL) Clarke (MI) Heck Miller (MI) HARPER changed their votes from While there is broad, bipartisan agreement ‘‘nay’’ to ‘‘yea.’’ that Members of Congress, their staff and ex- Clarke (NY) Heinrich Miller (NC) Clay Hensarling Miller, Gary So (two-thirds being in the affirma- ecutive branch officials should not be profiting Cleaver Herger Miller, George tive) the rules were suspended and the from non-public information, there are other Clyburn Herrera Beutler Moore bill, as amended, was passed. steps we can and should take to promote Coble Higgins Moran The result of the vote was announced transparency and protect the integrity of gov- Coffman (CO) Himes Mulvaney Cohen Hinchey Murphy (CT) as above recorded. ernment. For example, the Senate-passed bill Cole Hinojosa Murphy (PA) A motion to reconsider was laid on and the original House version of the STOCK Conaway Hirono Myrick the table. Act would require public registration for the Connolly (VA) Hochul Nadler Stated against: ‘‘political intelligence’’ industry. That require- Conyers Holden Napolitano Cooper Holt Neal Mr. WESTMORELAND. Madam Speaker, ment was stripped from today’s legislation. Costa Honda Neugebauer on rollcall No. 47, I was unavoidably detained. Madam Speaker, while I believe this par- Costello Hoyer Noem Had I been present, I would have voted ticular version of the STOCK Act can clearly Courtney Huelskamp Nugent ‘‘no.’’ be strengthened, I will support it to move the Cravaack Huizenga (MI) Nunes process forward. Crawford Hultgren Nunnelee Crenshaw Hunter Olson f The SPEAKER pro tempore. The Critz Hurt Olver question is on the motion offered by Crowley Inslee Owens MOTION TO INSTRUCT CONFEREES the gentleman from Texas (Mr. SMITH) Cuellar Israel Palazzo ON H.R. 3630, TEMPORARY PAY- that the House suspend the rules and Culberson Issa Pallone pass the bill, S. 2038, as amended. Cummings Jackson (IL) Pascrell ROLL TAX CUT CONTINUATION Davis (CA) Jackson Lee Pastor (AZ) ACT OF 2011 The question was taken. Davis (IL) (TX) Paulsen The SPEAKER pro tempore. In the Davis (KY) Jenkins Payne The SPEAKER pro tempore. The un- opinion of the Chair, two-thirds being DeFazio Johnson (GA) Pearce finished business is the vote on the mo- in the affirmative, the ayes have it. DeGette Johnson (IL) Pelosi tion to instruct on the bill (H.R. 3630) DeLauro Johnson (OH) Pence offered by the gentleman from New Mr. SMITH of Texas. Madam Speak- Denham Johnson, E. B. Perlmutter er, on that I demand the yeas and nays. Dent Johnson, Sam Peters York (Mr. BISHOP) on which the yeas The yeas and nays were ordered. DesJarlais Jones Peterson and nays were ordered. The SPEAKER pro tempore. Pursu- Deutch Jordan Petri The Clerk will redesignate the mo- ant to clause 8 of rule XX, this 15- Diaz-Balart Kaptur Pingree (ME) tion. Dicks Keating Pitts minute vote on the motion to suspend Dingell Kelly Poe (TX) The Clerk redesignated the motion. will be followed by a 5-minute vote on Doggett Kildee Polis The SPEAKER pro tempore. The the motion to instruct on H.R. 3630. Dold Kind Pompeo question is on the motion to instruct. The vote was taken by electronic de- Donnelly (IN) King (IA) Posey This is a 5-minute vote. Doyle King (NY) Price (GA) The vote was taken by electronic de- vice, and there were—yeas 417, nays 2, Dreier Kingston Price (NC) not voting 14, as follows: Duffy Kinzinger (IL) Quayle vice, and there were—yeas 405, nays 15, [Roll No. 47] Duncan (SC) Kissell Quigley not voting 13, as follows: Duncan (TN) Kline Rahall [Roll No. 48] YEAS—417 Ellison Kucinich Rangel Ackerman Amash Bachus Ellmers Labrador Reed YEAS—405 Adams Amodei Baldwin Emerson Lamborn Rehberg Ackerman Altmire Bachus Aderholt Andrews Barletta Engel Lance Reichert Adams Amodei Baldwin Akin Austria Barrow Eshoo Landry Renacci Aderholt Andrews Barletta Alexander Baca Bartlett Farenthold Langevin Reyes Akin Austria Barrow Altmire Bachmann Barton (TX) Farr Lankford Ribble Alexander Baca Bartlett

VerDate Mar 15 2010 01:33 Feb 10, 2012 Jkt 019060 PO 00000 Frm 00015 Fmt 4634 Sfmt 0634 E:\CR\FM\A09FE7.018 H09FEPT1 rfrederick on DSK6SPTVN1PROD with HOUSE H658 CONGRESSIONAL RECORD — HOUSE February 9, 2012 Barton (TX) Farenthold Langevin Rigell Schweikert Towns The Clerk read the title of the con- Bass (CA) Farr Lankford Rivera Scott (SC) Tsongas current resolution. Bass (NH) Fattah Larsen (WA) Roby Scott (VA) Turner (NY) Becerra Filner Larson (CT) Roe (TN) Scott, Austin Turner (OH) The SPEAKER pro tempore. Is there Benishek Fincher Latham Rogers (KY) Scott, David Upton objection to the request of the gen- Berg Fitzpatrick LaTourette Rogers (MI) Sensenbrenner Van Hollen tleman from California? Berkley Fleischmann Latta Rohrabacher Serrano Vela´ zquez There was no objection. Berman Fleming Lee (CA) Rokita Sessions Visclosky The text of the concurrent resolution Biggert Flores Levin Rooney Sewell Walberg is as follows: Bilbray Forbes Lewis (CA) Ros-Lehtinen Sherman Walden Roskam Shimkus Bilirakis Fortenberry Lewis (GA) Walsh (IL) H. CON. RES. 99 Ross (AR) Shuler Bishop (GA) Foxx Lipinski Walz (MN) Ross (FL) Simpson Whereas enslaved African-Americans pro- Bishop (NY) Frank (MA) LoBiondo Wasserman Rothman (NJ) Sires vided labor essential to the construction of Bishop (UT) Franks (AZ) Loebsack Schultz Roybal-Allard Slaughter the United States Capitol; Black Frelinghuysen Lofgren, Zoe Waters Royce Smith (NE) Whereas in 2005 Congress created the Slave Bonamici Gallegly Lowey Watt Bonner Garamendi Lucas Runyan Smith (NJ) Labor Task Force to study the role that Ruppersberger Smith (TX) Waxman Bono Mack Gardner Luetkemeyer Webster enslaved African-Americans played in the ´ Rush Smith (WA) Boren Garrett Lujan Welch construction of the Capitol and to make rec- Boswell Gerlach Lungren, Daniel Ryan (OH) Southerland ommendations to Congress on how to com- Ryan (WI) Speier West Boustany Gibbs E. Westmoreland memorate their contribution; Lynch Sa´ nchez, Linda Stark Brady (PA) Gibson Whitfield Whereas the report of the Architect of the Brady (TX) Gingrey (GA) Mack T. Stearns Wilson (FL) Capitol entitled ‘‘History of Slave Laborers Braley (IA) Gohmert Maloney Sanchez, Loretta Stivers Wilson (SC) Brooks Gonzalez Manzullo Sarbanes Sullivan in the Construction of the United States Wittman Broun (GA) Goodlatte Marchant Scalise Sutton Capitol’’ documents the role of slave labor in Womack Brown (FL) Gosar Marino Schakowsky Thompson (CA) the construction of the Capitol; Woodall Buchanan Gowdy Markey Schiff Thompson (PA) Whereas enslaved African-Americans per- Woolsey Bucshon Granger Matheson Schilling Thornberry Yarmuth formed the backbreaking work of quarrying Buerkle Graves (GA) Matsui Schmidt Tiberi Young (AK) the stone which comprised many of the Burgess Graves (MO) McCarthy (CA) Schock Tierney Schrader Tipton Young (FL) floors, walls, and columns of the Capitol; Butterfield Green, Al McCarthy (NY) Schwartz Tonko Young (IN) Whereas enslaved African-Americans also Calvert Green, Gene McCaul participated in other facets of construction Camp Griffin (AR) McCollum NAYS—15 Canseco Griffith (VA) McCotter of the Capitol, including carpentry, masonry, Cantor Grijalva McDermott Amash Huelskamp Quayle carting, rafting, roofing, plastering, glazing, Capito Grimm McGovern Bachmann Long Rogers (AL) painting, and sawing; Capps Guinta McHenry Blackburn Lummis Stutzman Whereas the marble columns in the Old Capuano Guthrie McIntyre Campbell McClintock Wolf Flake Neugebauer Yoder Senate Chamber and the sandstone walls of Carnahan Gutierrez McKeon the East Front corridor remain as the last- Carson (IN) Hahn McKinley NOT VOTING—13 ing legacies of the enslaved African-Ameri- Carter Hall McMorris Cassidy Hanabusa Rodgers Blumenauer Fudge Shuster cans who worked the quarries; Castor (FL) Hanna McNerney Burton (IN) Michaud Terry Whereas slave-quarried stones from the Chabot Harper Meehan Cardoza Paul Thompson (MS) remnants of the original Capitol walls can be Chaffetz Harris Meeks Carney Platts found in Rock Creek Park in the District of Chandler Hartzler Mica Edwards Ribble Columbia; Chu Hastings (FL) Miller (FL) ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Whereas the Statue of Freedom now atop Cicilline Hastings (WA) Miller (MI) the Capitol dome could not have been cast Miller (NC) The SPEAKER pro tempore (during Clarke (MI) Hayworth without the pivotal intervention of Philip Clarke (NY) Heck Miller, Gary the vote). There are 2 minutes remain- Reid, an enslaved African-American foundry Clay Heinrich Miller, George ing. Cleaver Hensarling Moore worker who deciphered the puzzle of how to Clyburn Herger Moran b 1044 separate the 5-piece plaster model for cast- Coble Herrera Beutler Mulvaney ing when all others failed; Coffman (CO) Higgins Murphy (CT) Mr. ISSA changed his vote from Whereas the great hall of the Capitol Vis- Cohen Himes Murphy (PA) ‘‘nay’’ to ‘‘yea.’’ itor Center was named Emancipation Hall to Cole Hinchey Myrick help acknowledge the work of the slave la- Conaway Hinojosa Nadler Mr. QUAYLE changed his vote from Connolly (VA) Hirono Napolitano ‘‘yea’’ to ‘‘nay.’’ borers who built the Capitol; Conyers Hochul Neal So the motion to instruct was agreed Whereas no narrative on the construction Cooper Holden Noem to. of the Capitol that does not include the con- Costa Holt Nugent tribution of enslaved African- Americans can Costello Honda Nunes The result of the vote was announced fully and accurately reflect its history; Courtney Hoyer Nunnelee as above recorded. Whereas recognition of the contributions Cravaack Huizenga (MI) Olson A motion to reconsider was laid on of enslaved African-Americans brings to all Crawford Hultgren Olver Crenshaw Hunter Owens the table. Americans an understanding of the con- Critz Hurt Palazzo PERSONAL EXPLANATION tinuing evolution of our representative de- Crowley Inslee Pallone Mr. PLATTS. Madam Speaker, on rollcall mocracy; Cuellar Israel Pascrell Whereas in 2007 the Slave Labor Task Culberson Issa Pastor (AZ) Nos. 47 and 48, I missed both votes due to an Force recommended to Congress the creation Cummings Jackson (IL) Paulsen automobile accident. Had I been present, I of a marker commemorating the contribu- Davis (CA) Jackson Lee Payne would have voted ‘‘aye’’ in both cases. tions of enslaved African-Americans in the Davis (IL) (TX) Pearce Davis (KY) Jenkins Pelosi f construction of the Capitol; and DeFazio Johnson (GA) Pence Whereas the marker dedicated to the DeGette Johnson (IL) Perlmutter AUTHORIZING THE USE OF EMAN- enslaved African-Americans who helped to DeLauro Johnson (OH) Peters CIPATION HALL IN THE CAPITOL build the Capitol reflects the charge of the Denham Johnson, E. B. Peterson Capitol Visitor Center to teach visitors Dent Johnson, Sam Petri VISITOR CENTER FOR A CERE- MONY TO UNVEIL THE MARKER about Congress and its development: Now, DesJarlais Jones Pingree (ME) therefore, be it Deutch Jordan Pitts WHICH ACKNOWLEDGES THE Resolved by the House of Representatives (the Diaz-Balart Kaptur Poe (TX) ROLE THAT SLAVE LABOR Dicks Keating Polis Senate concurring), Dingell Kelly Pompeo PLAYED IN THE CONSTRUCTION SECTION 1. USE OF EMANCIPATION HALL FOR Doggett Kildee Posey OF THE UNITED STATES CAP- CEREMONY TO UNVEIL MARKER Dold Kind Price (GA) ITOL DEDICATED TO ENSLAVED AFRICAN- Donnelly (IN) King (IA) Price (NC) AMERICANS WHO HELPED BUILD Doyle King (NY) Quigley Mr. DANIEL E. LUNGREN of Cali- THE CAPITOL. Dreier Kingston Rahall fornia. Madam Speaker, I ask unani- (a) AUTHORIZATION.—Emancipation Hall in Duffy Kinzinger (IL) Rangel mous consent that the Committee on the Capitol Visitor Center is authorized to be Duncan (SC) Kissell Reed used on February 28, 2012, for a ceremony to Duncan (TN) Kline Rehberg House Administration be discharged Ellison Kucinich Reichert from further consideration of House unveil the marker which acknowledges the role that slave labor played in the construc- Ellmers Labrador Renacci Concurrent Resolution 99, and ask for Emerson Lamborn Reyes tion of the United States Capitol. Engel Lance Richardson its immediate consideration in the (b) PREPARATIONS.—Physical preparations Eshoo Landry Richmond House. for the conduct of the ceremony described in

VerDate Mar 15 2010 04:58 Feb 10, 2012 Jkt 019060 PO 00000 Frm 00016 Fmt 4634 Sfmt 0634 E:\CR\FM\A09FE7.006 H09FEPT1 rfrederick on DSK6SPTVN1PROD with HOUSE February 9, 2012 CONGRESSIONAL RECORD — HOUSE H659 subsection (a) shall be carried out in accord- chairman of the Ways and Means Com- want to let the tax break expire. And ance with such conditions as may be pre- mittee, chairs that conference. then, of course, the chairman of the scribed by the Architect of the Capitol. Can the gentleman tell us whether or conference committee, my good friend, The concurrent resolution was agreed not there is a reasonable expectation for whom I have a great deal of respect, to. that we will be able to act on this bill apparently does not agree with what A motion to reconsider was laid on and have the conference committee re- the majority leader just said in want- the table. port on the House floor? ing to extend this tax cut, because he f Mr. CANTOR. I will say to the gen- said, I’m not in favor of that. I don’t LEGISLATIVE PROGRAM tleman, as I said before and as reflected think that’s a good idea. by the vote that just occurred on the Now that was, admittedly, back in (Mr. HOYER asked and was given motion to instruct conferees, we, too, August, so it was some months ago permission to address the House for 1 desire a resolution of this issue next when he said that. But it gives us some minute.) week. I think the gentleman knows concern that the leadership of the con- Mr. HOYER. Mr. Speaker, I yield to that we’ve been on this floor before in ference committee, Mr. CAMP and oth- the gentleman from Virginia, the ma- the same discussion where it is impera- ers, are in the position where they jority leader, for the purpose of inquir- tive for us to send a signal to the hard- don’t really think, as seemed to be re- ing of the schedule for the week to working taxpayers of this country that flected in the last year, that this tax come. they’re not going to have their taxes cut ought to be extended. They do, Mr. CANTOR. I thank the gentleman, go up. So it is my hope that we’re however, believe—very strongly, as I the Democratic whip, for yielding. going to see some productivity out of understand it—that the tax cut for the Mr. Speaker, on Monday, the House the conference committee. wealthiest in America, the Bush tax will meet at 1 p.m. in pro forma ses- I think the gentleman knows my po- cuts, ought to be extended, and they sion. No votes are expected. On Tues- sition as to why there has been no pro- ought to be extended without paying day, the House will meet at noon for ductivity. Frankly, last week, I urged for it. And, in fact, you provided in morning-hour and 2 p.m. for legislative the gentleman to point his ire to the your rule that you adopted in this Con- business. Votes will be postponed until other side of the Capitol because it is gress that they could be extended with- 6:30 p.m. On Wednesday and Thursday, that side of the Capitol and Leader out paying for them. the House will meet at 10 a.m. for REID who have been unwilling to come I don’t think that’s your position, as morning-hour and noon for legislative forward with a resolution to this issue. I understand it, with respect to tax business. On Friday, the House will cuts for middle class Americans. Would meet at 9 a.m. for legislative business. b 1050 the gentleman like to comment on Last votes of the week are expected no As the gentleman knows, the House those observations? later than 3 p.m. has taken its position. We believe we Mr. Speaker, the House will consider ought to extend the payroll tax holiday Mr. CANTOR. I thank the gentleman. a few bills under suspension of the for a year and do so in a responsible Mr. Speaker, I would just say, really rules, a complete list of which will be manner so as not to raid the Social Se- it’s not productive to engage in politics announced by the close of business to- curity trust fund. But there’s been no and division. We ought to be about morrow. In addition, the House will willingness on the part of Leader REID multiplication here. We ought to be consider H.R. 7, the American Energy and his conferees to even offer a sug- about growing the economy. We ought and Infrastructure Jobs Act of 2012. gestion as to how to resolve this im- not be talking in the way that the gen- The House may also consider legisla- passe. tleman suggests, that somehow we Re- tion relating to H.R. 3630, the Tem- So, again, I say to the gentleman, we publicans prefer one group of people porary Payroll Tax Cut Continuation are committed to making sure taxes over another. That’s not true. We’re Act. don’t go up on hardworking people in here fighting for the hardworking tax- Mr. HOYER. I thank the gentleman these economic times. payers. for that information with respect to Mr. HOYER. I thank the gentleman I just said, Mr. Speaker, to the gen- the two pieces of legislation and the for his comments. I am pleased to hear tleman, that we, as Republicans in this suspension bills. that. House, do not support taxes going up If I might inquire, Mr. Leader, of the As the gentleman knows, Mark Zandi on anybody. We believe that Wash- timing. The conference committee has just a few days ago said that failure to ington spends too much money. We met, as all of us know, a few times extend the payroll tax and the unem- don’t believe you ought to tax any- since being appointed on December 23. ployment insurance benefits ‘‘would body, especially the job creators, the They were supposed to have a meeting deliver a significant blow’’ to our frag- small businessmen and women who today, but apparently that meeting ile economic recovery and could cost we’re relying on to create jobs and get was cancelled. We adopted a motion to our economy 500,000 jobs and raise the this economy back to where it needs to instruct conferees on January 18, with unemployment rate by at least three- be, in a growth mode. only 16 Republicans opposing and just a tenths of a point and lower economic So the gentleman knows very well few Republicans opposing this time on growth by seven-tenths of a point. my position, and it is the position of a similar motion to instruct, urging Now I’m pleased to hear what the our conference. We do not want to see the conferees to report back by Feb- majority leader has said, but of course taxes going up on hardworking tax- ruary 17. we still have some concern. Represent- payers. I said it before, and I will say it You know as well as anybody, we will ative PAUL BROUN, one of your Mem- again: We hope that the conferees can be off for the President’s week work pe- bers from Georgia said, This payroll produce something for us to vote on, riod, and we will not be back until the tax holiday is just a gimmick to try to but we are not in any way, shape, or night of the 27th, which only gives us get Obama reelected. This is bad pol- form advocating for taxes to go up on the 2 days and that evening to pass this icy. Representative CHAFFETZ from hardworking people. No. We are for bill if we do not pass it before the 17th. Utah, one of your colleagues, said, Tax making sure that doesn’t happen. So, In December, we almost, as you well holidays just are bad policy. A year is Mr. Speaker, I don’t know how many know, did not extend the payroll tax pretty short. The chairman of your times I can say that to underscore our holiday or the unemployment or the campaign committee, PETE SESSIONS, commitment. SGR package. That would have re- was quoted in the L.A. Times. Rep- Mr. HOYER. I thank the gentleman sulted, as the gentleman knows, in 160 resentative PETE SESSIONS of Texas, for his recommitment to that propo- million Americans having a tax in- who heads the House Republican cam- sition. crease, benefits lost for many unem- paign committee, called Obama’s Let me ask the gentleman, therefore, ployed Americans—almost 2.3 over the plan—that is, the extension of the pay- given the fact, am I correct that you do next 3 months—and we only have 3 full roll tax—‘‘a horrible idea.’’ He said not believe the extension of the 2001 days left before the February break. Of GOP candidates would have no dif- and 2003 tax cuts need to be paid for? Is course, the gentleman, Mr. CAMP, the ficulty explaining to voters why they that still your position?

VerDate Mar 15 2010 01:31 Feb 10, 2012 Jkt 019060 PO 00000 Frm 00017 Fmt 4634 Sfmt 0634 E:\CR\FM\A09FE7.008 H09FEPT1 rfrederick on DSK6SPTVN1PROD with HOUSE H660 CONGRESSIONAL RECORD — HOUSE February 9, 2012 Mr. CANTOR. Mr. Speaker, again, I would ask in response to that, does We went from a $5.6 trillion surplus the question has to do with the gen- he not agree that there is a difference to a $10-plus trillion deficit. Why? Be- tleman and his side’s and the Presi- between the nature of the tax relief in cause we did things and didn’t pay for dent’s insistence that somehow the the payroll tax and the nature of exist- them. So if the gentleman is asking me math requires us to raise taxes on ing tax rates on the marginal level as do I believe the Social Security trust small businessmen and women. We well as capital gains? And along those fund ought to be kept whole, the an- don’t believe that. We don’t believe lines, would he not, then, be advo- swer is an emphatic, absolute yes. that we ought to let tax rates go up cating a position that would say, it’s Mr. CANTOR. Mr. Speaker, with all and create a tax hike on the small okay to raid the Social Security trust due respect, I’d say to the gentleman, business people of this country be- fund if you’re not going to pay for the he has answered the same question in cause, number one, that exacerbates extension of the payroll tax holiday? two different ways. And he’s also gone the challenge that we’re already deal- Mr. HOYER. The gentleman goes off off not in seven different directions but ing with in trying to get this economy in about seven directions on that ques- nine or ten when he starts talking growing. And number two, it will put tion, in my view. What I believe is that about the former President George more money into the hands of Wash- it ought to be a consistent policy, as it Bush. George Bush has nothing to do ington to begin spending that money relates to keeping taxes down on hard- with this debate, has nothing to do without paying down the debt. working Americans, that we apply to with the issue before it. The gentleman knows very well our the wealthiest in America. Now wheth- What I’m asking, Mr. Speaker, is, commitment to making sure we get the er they’re temporary or permanent, it number one: Does he not agree that if fiscal house in order. He knows very makes an economic difference to the we pay for the extension of the Federal well that we believe you’ve got to fix people in question. And hardworking tax holiday, we are making sure that the problem and not go in and ask the Americans—160 million of them—are we attempt to address the raid on the small businessmen and women to pay hoping that their taxes will not go up Social Security trust fund? And is that more taxes to dig a hole deeper. We be- on March 1. The only way they’re going not different than talking about mar- lieve you ought to fix the problem, stop to not go up on March 1 is if we pass— ginal rates on small business men and taking small business money away as we had a great struggle doing in De- women? Is that not different than talk- from the men and women who make it, cember—if we pass a conference report ing about keeping the capital gain and let them continue to put it back that will be reported out of the con- rates the same on investors and entre- into their enterprises and create jobs. ference committee headed up by Mr. preneurs in America? We need to put investment capital back into the econ- That’s what we’re trying to do. And I CAMP which in fact makes sure that omy, the private economy. And so my look forward to working with the gen- those taxes don’t increase. You say you don’t want them to in- point was not seven different direc- tleman to make sure we accomplish crease. I say we don’t want them to in- tions, my point is just that. that end. Again, I would say to the gentleman Mr. HOYER. I appreciate the gentle- crease. We seem to have an agreement that it bothers me to hear that the man’s answer. It doesn’t surprise me, on that rhetorically, although I have gentleman just wants to rely on an but he didn’t answer my question. quoted a number of your leaders who IOU. The public is tired of saying, yes, My question was: you amended your say they think it’s a bad idea. But having said that, my question to we’ll owe it. We’ll owe it. We’ll pay it rules in this House so that the exten- you is: is your position consistent with later. What we’re saying is let’s make sion of the 2001 and 2003 tax cuts did both the 2001 and 2003 tax cuts and sure that we don’t dig the hole any not have to be paid for. I’m asking, is these tax cuts? That’s all I’m asking. deeper. Let’s make sure we don’t raid that the gentleman’s position now? It’s the Social Security trust fund. That’s b 1100 a very simple question. Yes or no? It is, why we are saying let’s pay for it. or it is not. Mr. CANTOR. Mr. Speaker, I respond But again, to the gentleman’s point Mr. CANTOR. If I could, Mr. Speaker, to the gentleman, I was not in seven about trying to expedite things so we I would ask the gentleman, does he different directions. It’s very simple. I can have a result out of the conference think that the payroll tax holiday ex- asked the gentleman: Are you okay committee, there has been no activity, tension for the year needs to be paid with raiding the Social Security trust no activity on the part of the Senate. for? fund? Because your response to my They’re not serious. They’re not seri- Mr. HOYER. I don’t necessarily think question indicated to me that it’s fine ous on wanting to address the issue—at it needs to be paid for for exactly the for you and your side to say: Let’s just least, they’ve not been thus far—and reason you pointed out. What you raid the Social Security trust fund, ex- we’re running out of time. pointed out was, you don’t want to de- tend the payroll tax holiday without So again, I guess the gentleman’s so- press—either by increasing the taxes any pay-fors; is that okay? lution is go ahead and raid the Social on small business, as you point out— Mr. HOYER. Your President, who you Security trust fund and let’s extend we’re not for increasing taxes on small supported very strongly, of course, as I the payroll tax holiday. And if that’s business. We are for asking those who recall, when he wanted to raid the So- the gentleman’s position, then we have made the best in our society over cial Security trust fund said there was know the position I would imagine of the last 10 years, make the most, make no trust fund. Now, I believe there is a the minority on this position. $1 million or more, we do believe, yes, trust fund, and I think we have a moral Mr. HOYER. Well, the gentleman has a greater contribution is in order be- responsibility to make sure that that talked a lot but hasn’t answered my cause our country has a challenged sit- trust fund is kept whole. And, in fact, question. And the question was a sim- uation that we need to respond to. as you well know, we will keep it ple one: Do you believe the same prin- Having said that, I believe that it whole. We will sign the proper IOUs so ciple applies to the ’01–’03 tax cuts as ought to be consistent, in terms of that that trust fund is intact. There applied to the middle income working your application of not paying for tax will be no reduction in the Social Secu- people’s tax cut that we’re talking cuts, for it to be also applicable to mid- rity tax, and the gentleman knows it. about? dle income, hardworking Americans The gentleman knows that that trust And I’ll tell you this, my friend, if we who find themselves in a real pinch in fund will be as secure tomorrow as it is were talking about the taxes that this present economy, that we would today, and I presume that both of us you’re talking about, they would go take a similar position. have a commitment to that end. Yes, through like greased lightning and All I’m asking the gentleman, is your we will have to make whole the trust there would be no question but, oh, of position on the middle class tax cut, fund money that does not come in on course, we’ve got to continue those tax which we are talking about, and it is in the tax cut, just as we had to make cuts. But when it comes to average conference, the same as it is on the money for the war, for the prescription working Americans, and the only way Bush tax cuts of 2001 and 2003? That’s drug bill, and the Bush tax cuts whole we can get them a tax cut—this is the all I’m asking. by borrowing from somebody, usually first time we’ve really talked about Mr. CANTOR. Mr. Speaker, I thank China and other nations around the real tax cuts for middle-income work- the gentleman. world. ing Americans. It has got a logjam that

VerDate Mar 15 2010 01:31 Feb 10, 2012 Jkt 019060 PO 00000 Frm 00018 Fmt 4634 Sfmt 0634 E:\CR\FM\K09FE7.024 H09FEPT1 rfrederick on DSK6SPTVN1PROD with HOUSE February 9, 2012 CONGRESSIONAL RECORD — HOUSE H661 has hit. It hit in December, and we I think it ought to be paid for. I have at approximately noon yesterday, Feb- came that close to not having that tax been consistent on that position. ruary 8. At noon yesterday, it was on cut, and we’re about to come that close Frankly, I was consistent on that posi- line for everyone to see. The vote is again. I’m just telling the gentleman tion on all of the bills that we passed scheduled for next Friday, February 17. that if he applies the same principle, through this House, including your two Given the process of all the commit- we could get this done. tax bills of ’01 and ’03. I thought they tees and all of the markups and the Now I’m for paying for, frankly, the ought to be paid. You thought they willingness to entertain amendments middle-income tax cut. I’m for paying ought not be paid for. And the gen- from both sides and now posting yes- for it, as the gentleman well knows, by tleman talks about looking at the past; terday, Wednesday, when the vote is a surtax on those who have done the they didn’t work out so well. They next Friday, I think that we are pro- best, not because I want to penalize were supposed to grow our economy. viding and living up to the commit- them, but because all of us in this They were supposed to explode jobs. We ment we’ve made, that we’re going to room, maybe not all of us, but most of lost jobs in the private sector. The only have a much more open process, that us in this room, have done pretty well. reason we had a plus 1 million over 8 the public is going to be able to enjoy There are some people in this country years was because we grew in the pub- its right to know what we’re doing, and who haven’t done pretty well. And as lic sector. We lost jobs in the private Members and their staffs, as well, can Clint Eastwood walked down that road sector on that economic program. It do what they need to do to prepare for that we saw during the Super Bowl, he didn’t work, in my opinion. Paid for or their amendments and their votes on said at half time, ‘‘We can do better.’’ not paid for, it did not work. But it did this bill. And I’ll tell you what they said in the blow a hole in the deficit. Mr. HOYER. What I was confusing locker room: Every one of us, accord- What I’m saying and will say again, was your rhetoric now and your rhet- ing to our ability to get it done, needs yes, I think it ought to be paid for. oric as it related to a bill that was to get it done. That’s what I’m saying What I think it ought not be paid for longer in pages but had 10 times a to my friend. with is by taking it out of the hide of greater period of time for debate and I think the position you would be average working people in this coun- discussion, considered by an extraor- dinarily large number of committees in taking would be radically different and try, which is part of the way you want both the Senate and the House, town that that conference committee would to pay for it. I don’t think that is good meetings all over this country about have had a report out on this floor if policy because I think that will further that bill. What I’m confusing is your we were talking about tax cuts for mil- depress the economy and take dollars rhetoric as it related to the Affordable lionaires that would have passed like out of the hands of hardworking peo- Care Act and your rhetoric related to that. Absolutely, that’s my position. I ple. the transportation bill, which has had believe it. And, very frankly, I think Yes, I think it ought to be paid for, probably one-twentieth or one-thir- the American people believe it. and paying for things is tough. And we I yield to my friend if he would like tieth of the time to be considered by didn’t pay for things in the last decade, to comment on that, and then we will the public. I don’t know that anybody and that’s why we dug this deep, deep go to the infrastructure bill, which I has had a town meeting or had the op- hole we’re in. know you’d like to talk about as well. portunity for the public to have input Now, if we want to go on to the infra- Mr. CANTOR. Mr. Speaker, I’ll just on this bill as it is now written. Very structure bill, I’d like to do that unless wrap it up by saying I don’t think frankly, I may be confusing it with the there was anybody, any working Amer- the gentleman wants to make an addi- bill that we just adopted on suspension ican that did not benefit from the ’01– tional comment. of the calendar without any oppor- ’03 tax relief. So again, the gentleman’s On the infrastructure bill, you indi- tunity to amend it, which was filed less attempt to divide this country, saying cate that it may come to the floor. Can than 24 hours ago. that some benefit from this and others you tell me under what kind of a rule Mr. CANTOR. Mr. Speaker, the gen- benefited from that, it’s not the way that will come to the floor? Will it be tleman knows where I’m going on that that I think most Americans look at it. an open rule, as has been projected? last comment, because I will just point We’re all in this together, okay. I yield to my friend. out the fact that, when he was the ma- So again, we’re trying to make sure Mr. CANTOR. I’d say to the gen- jority leader, that bill, the STOCK Act, that taxes don’t go up on anybody. tleman, the Rules Committee has an- had sat dormant, and he refused as the We’re trying to do it responsibly. And nounced that there is an amendment majority leader to pick up the bill and the gentleman does, and acknowledges, deadline for Members to get their bring it to the floor of the House. that the payroll tax holiday involves a amendments in by Monday morning, Given the vote that we just saw, I tax that is dedicated to the viability of and it will then proceed in the normal think that there was probably legiti- the Social Security trust fund. And the process to vote on a rule to govern the mate work to improve and strengthen gentleman knows that if we pass that debate on the American Energy Infra- the bill, which indicated and was re- bill because of his insistence and the structure Jobs Act. flected in the vote that we just had on insistence of the leader on the Demo- Mr. HOYER. It’s my understanding, the STOCK Act. As for the gentleman’s cratic side of the aisle in the Senate, Mr. Leader, this bill is over 1,000 pages suggestion that somehow I’m confusing the majority leader in the Senate, that long. It was marked up just shortly this bill with others and his reference if we have to go ahead and just do it after it was introduced and finalized. Is to the Affordable Care Act, the public unpaid for, then we have created more the gentleman concerned by the length doesn’t like that bill; right? It doesn’t. of a problem and raided the Social Se- of that bill and the short time that I’m thinking that perhaps the gen- curity trust fund. Members have to review it? And the tleman is confusing this bill with one So again, if that’s the choice, if the very short time that the public, which that came up during his term as major- gentleman is saying that his side is not will essentially have almost no oppor- ity leader when the cap-and-trade bill going to support an extension of the tunity to review it, is the gentleman was filed at 2 a.m. and then we were Federal tax holiday unless it’s unpaid concerned about that? asked to vote on it at 10 o’clock the for, then I guess we know where we b 1110 next morning. stand, and the American people know Mr. Speaker, the gentleman knows where we stand, because they’ll force a Mr. CANTOR. Mr. Speaker, maybe that we have provided for over a week’s raid on the Social Security trust fund. the gentleman is confusing this major- time and then some for Members to Mr. HOYER. I thank the gentleman ity with the one he was the leader in, take a look at the full version and to for his comment. because we have now seen all the com- give Members time to prepare their The gentleman has a habit that, mittees, Transportation and Infra- amendments until next Monday so that frankly, disturbs me, I’ll tell my structure, Natural Resources, Ways we can have a full and robust debate on friend. I didn’t say that at all. As a and Means, Oversight and Government this bill. matter of fact, my last comment was I Reform, Energy and Commerce, mark Mr. HOYER. I thank the gentleman. think it ought to be paid for. Now, let up and consider amendments from both The gentleman says full time, but me explain what that means. sides. H.R. 7, in its entirety, was posted very frankly there wasn’t participation

VerDate Mar 15 2010 01:31 Feb 10, 2012 Jkt 019060 PO 00000 Frm 00019 Fmt 4634 Sfmt 0634 E:\CR\FM\K09FE7.025 H09FEPT1 rfrederick on DSK6SPTVN1PROD with HOUSE H662 CONGRESSIONAL RECORD — HOUSE February 9, 2012 by everybody in this full discussion. In we ever experienced in majorities past. economy is dependent upon an infra- fact, as I said last week and I will reit- I would say to the gentleman, let’s structure future that is certain. erate this week, because he hasn’t really try and agree. We have to reform b 1120 changed his position, Ray LaHood, Re- this system. We are standing up for re- publican, former chief of staff to the form, whether it be no more earmarks, The gentleman also knows that we Republican leader in this House, whether it be continued positing of po- have in the bill a pay-for that is de- former chairman of an appropriations sitions online so that Members have rived from the expansion of the ability subcommittee on the Republican side enough time to review, with an open to explore in the deep ocean off our of the aisle, says: announcement of how long the amend- coasts because it’s an energy resource This is the most partisan transportation ment deadline is, with a continued pat- that we should be utilizing. That, as bill I’ve ever seen, and it is almost the most tern of allowing for debate on amend- well, holds a potential for thousands of antisafety bill I’ve ever seen. It hollows out ments on both sides of the floor. We’re new jobs. So, Mr. Speaker, we are all about job our number one priority, which is safety; trying to change this institution so it and, frankly, it hollows out the guts of the creation. And I hope that the gen- can actually live up to what the people transportation efforts that we have been tleman can join us in what is titled the are expecting and for us to be able to about for the last 3 years. It is the worst American Energy Infrastructure Jobs abide by their trust. transportation bill I’ve ever seen during 35 Act. years of public service. Mr. HOYER. I thank the gentleman Mr. HOYER. I thank the gentleman Ray LaHood, Republican, Secretary for that comment. I think the American people appar- for his comment. of Transportation. Am I to take it, therefore, he dis- ently don’t think we’re accomplishing Whatever time the gentleman has agrees with Speaker BOEHNER when that objective that you want to accom- spent that he thinks exposing this bill, Speaker BOEHNER said, just a few days plish by virtue of their response to the he didn’t expose it on our side and he ago, We’re not making the claim that polls about what they think of the job apparently didn’t expose it in a way spending taxpayer money on transpor- that we’ve done over the last year. that reached bipartisan agreement tation projects creates jobs. We don’t Let me say in addition to that, the from the Secretary of Transportation. make that claim. I will tell you, I lament the fact, Mr. bills I was referring to, my friend—yes, So, this would not be a jobs bill from Leader, when I was the majority lead- while I was the majority leader, we had that standpoint; am I correct? er—the gentleman likes to refer to the House and the Senate. I said 30 Mr. CANTOR. Again, the gentleman, that—the transportation bill passed years. Of the 12 years that your party if he wants to play gotcha—— with an overwhelmingly bipartisan had the chairmanship of the Transpor- Mr. HOYER. I’m not playing gotcha. vote. Every transportation bill that tation Committee, we passed bills on a I want to figure out whether this is a I’ve seen in the 30 years I’ve been in bipartisan basis, and we respected jobs bill. We haven’t had a jobs bill in the Congress of the United States has transparency. over 400 days. passed on an overwhelmingly bipar- As the gentleman knows on ear- I yield to the gentleman from Vir- tisan vote, and it came out of com- marks, you quadrupled the number of ginia. mittee almost unanimously. This bill, earmarks under your leadership—not Mr. CANTOR. Mr. Speaker, the gen- as the gentleman knows, came out on a your personal leadership, but under Re- tleman just heard what I said: we can purely partisan vote. Actually, it was a publican control of the House of Rep- create jobs if we open up the ability for bipartisan opposition because Mr. resentatives. When we came in, what more energy exploration. We can cre- PETRI, long-time member of the Trans- we did was said they all had to be on- ate jobs if we provide some certainty to portation Committee, and, of course, line. Members had to put them on their the industries and the State agencies— Mr. LATOURETTE are not too happy Web site, and committees had to iden- as well as the Federal agencies—that with the bill either, as the gentleman tify where those came from. Now, per- are involved in planning and charting knows, who is a senior Member on your sonally, we made them very trans- the course for infrastructure mainte- side, one of your leaders on your side of parent. You’ve eliminated them tempo- nance, repair and expansion in this the aisle. So I will tell my friend that rarily. We’ll see whether that holds. country. unfortunately we have a situation But we will move on to the question Growth requires infrastructure that where you’re going to bring a bill up of whether or not, when you say we’re is at top notch, and we know we’re a next week which clearly is a partisan going to have open amendments, far cry from that in this country. So bill, which does not enjoy bipartisan whether or not the amendments that the gentleman understands my point: support, contrary to every transpor- are germane will be made in order so growth comes from better infrastruc- tation bill that I think we’ve passed in that, in fact, we can impact on the bill. ture; growth comes from expanding the this House in the 30 years I’ve been The gentleman says he is interested ability to explore our natural resources here. in seeing my amendments. I think off our coast, something that, unfortu- I yield to my friend. most of the amendments will come nately, most Members on his side of Mr. CANTOR. Mr. Speaker, I am just from our committee members. They the aisle have not been supportive of in marveling at the fact that I don’t un- are the ones that are struggling to find terms of charting a more certain and derstand what the gentleman is seeing out exactly what this bill does. And we responsible energy future. here. The Washington Post has just don’t believe it is paid for, by the way, Does the gentleman have any more done extensive coverage and a story on as I think the gentleman probably has scheduling questions? that transportation bill and the 5,000- seen in the CBO report. Mr. HOYER. These are all scheduling plus earmarks that were involved in Let me ask you this: do you believe questions. These are scheduling ques- the bill that he is bragging about. this bill is a jobs bill? tions as to whether or not we’re going We’re in a new day here. We’re shin- Mr. CANTOR. I believe that what is to have legislation on the floor that ing the light of day. We’re saying no needed, Mr. Speaker, is some certainty can get us from where we are to where more earmarks. We’re not doing things so that the agencies at the State level we want to be. the way we used to do them, and that can operate with their plans going for- The gentleman knows that the Sen- is exactly what the people want. They ward for infrastructure needs. I believe ate has passed a bipartisan bill out of want a reformed Congress that belongs that the private sector that is heavily committee with Senator INHOFE, a Re- to them, that works for them, and not involved with the infrastructure indus- publican, and Senator BOXER—not ex- the other way around. try can know how to plan so they can actly ideological soul mates—coming Mr. Speaker, I would say to the gen- make investments necessary so that we together and agreeing on infrastruc- tleman that I look forward to his can see the maintenance, repair, and ture. Why? Because they believe it cre- amendments that he submits for Mon- expansion of our infrastructure system ates jobs. day to be considered by the Rules Com- in this country. What I’m trying to figure out from mittee so that we can proceed, as we We’re about trying to say let’s grow. you, you go from other aspects of the have on so many bills, in an open de- Let’s grow. Let’s try and work together bill that create jobs, and you say infra- bate on the floor of this House, unlike so we can grow this economy. The structure is necessary for growth. My

VerDate Mar 15 2010 01:31 Feb 10, 2012 Jkt 019060 PO 00000 Frm 00020 Fmt 4634 Sfmt 0634 E:\CR\FM\K09FE7.027 H09FEPT1 rfrederick on DSK6SPTVN1PROD with HOUSE February 9, 2012 CONGRESSIONAL RECORD — HOUSE H663 reading of that is, as the President’s Kelsey Lomison’s kindness, profes- minute and to revise and extend her re- pointed out, investing in infrastructure sionalism, talent and unselfish service marks.) does, in fact, grow jobs. will be missed. Rest with the Lord, my Ms. BERKLEY. Mr. Speaker, with To the extent that we can pass a bill, friend. the highest unemployment rate in the scheduling a bill that has bipartisan f Nation, Nevadans are struggling. support here and bipartisan support STOCK ACT SOLD SHORT That’s why we in Washington should be there, and the support of the President focusing on creating good-paying, mid- (Mr. COHEN asked and was given per- of the United States, is what we ought dle class jobs. Unfortunately, Wash- mission to address the House for 1 to be doing. Doing it in a partisan fash- ington Republicans are focused on a di- minute.) ion undercuts our scheduling of moving visive, ideological agenda. that forward. That’s my point. I think Mr. COHEN. Mr. Speaker, what the the gentleman understands that point. public saw today in the House of Rep- Our jobs crisis cannot be fixed by re- But I would hope that, as we work on resentatives was a STOCK Act sold stricting access to mammograms for this bill, we could do what the Senate’s short. Unfortunately, what could have women. It’s not going to be fixed by done, which they don’t do very often, been an outstanding bill was changed killing Medicare, by turning it over to and come together in a bipartisan way, by the Republican leadership by taking private insurance companies. And it as we have historically done in this the two most important aspects put in cannot be fixed by protecting taxpayer House on Transportation and Infra- the Senate bill out. One was a public giveaways to Big Oil companies. structure bills, so important for the corruption provision that would have Our jobs crisis can be fixed by getting growth of our country and the creation allowed prosecutors to prosecute, from real about job creation. We can do that of jobs and the moving forward—as you the courthouse to the Capitol, public right now by passing legislation ex- say, and I believe as well, we ought to corruption. This was something Sen- panding our Visa Waiver Program, come together and accomplish. ator LEAHY had, and in the House it which allows tourists from certain Unless the gentleman has anything was Representative SENSENBRENNER, a countries up to 90 days of visa-free further, I yield back the balance of my Republican, passed unanimously by the travel in the U.S. Judiciary Committee. But for some time, Mr. Speaker. In 2010, nearly 18 million people vis- reason unbeknownst to me, it was f stripped by the leadership of the Re- ited our country due to this program. ADJOURNMENT FROM THURSDAY, publican side out of the bill. Democrats What will happen if we expand it? The FEBRUARY 9, 2012 TO MONDAY, didn’t have an opportunity to partici- answer for tourism-dependent States FEBRUARY 13, 2012 pate in the drafting of the bill, and like Nevada is simple: it will put peo- ple back to work. Mr. CANTOR. Mr. Speaker, I ask what was the work of LOUISE SLAUGH- unanimous consent that when the TER and TIM WALZ was hijacked from I urge my Republican colleagues in House adjourns today, it adjourn to them. the House and the Senate to drop their meet at 1 p.m. on Monday, February 13, Another important provision was the ideological agenda and join me in mak- political intelligence provision. It was 2012. ing job creation our top priority. The SPEAKER pro tempore (Mr. taken out by K Street lobbyists work- ing with the leadership—late. That WOMACK). Is there objection to the re- f quest of the gentleman from Virginia? should not have been taken out. The two best parts of the STOCK Act There was no objection. CARDIAC ARREST SURVIVAL ACT were sold short, and the American pub- AND SAVE A LIFE DAY f lic should have had better today. We REMEMBERING KELSEY LOMISON passed something, but not what we (Mr. OLSON asked and was given per- (Mr. THOMPSON of Pennsylvania should have done. mission to address the House for 1 asked and was given permission to ad- f minute and to revise and extend his re- dress the House for 1 minute and to re- LINE-ITEM VETO marks.) vise and extend his remarks.) Mr. OLSON. Mr. Speaker, February (Mr. STIVERS asked and was given Mr. THOMPSON of Pennsylvania. is Heart Month. I rise today to recog- permission to address the House for 1 Mr. Speaker, Kelsey Lomison, 77, of nize Save a Life Community Heart minute and to revise and extend his re- Orviston, Pennsylvania, from the marks.) Training Day. This is an effort by the Pennsylvania Fifth Congressional Dis- Mr. STIVERS. Mr. Speaker, because American Red Cross, the Texas Ar- trict, died on Monday, February 6, of government has spent money we don’t rhythmia Institute, and the Methodist this week. have and borrowed money we can’t pay DeBakey Heart and Vascular Center in Centre and Clinton Counties lost a back, our national debt now stands at Houston, Texas, to raise awareness great friend. Kelsey Lomison lived his $15 trillion. My daughter, Sarah, who is about the importance of adult CPR and 77 years serving and making a dif- 2 years old, now has $50,000 as her share AED use. ference in the lives of individuals, fam- of the national debt. Sudden cardiac arrest, also known as ilies, and communities. He was an ex- Congress and the President have an SCA, is the leading cause of death in traordinary caring leader in many fac- obligation to make the tough decisions the United States, with roughly 300,000 ets of life, from singing for area to reduce spending so we can provide a Americans dying from SCAs every churches, organizing benefits for per- brighter future for our kids. That’s year. Both of my grandfathers died of sons and families in need, and serving why I was proud to support the Expe- SCA before I was born. I always Curtin Township and his home commu- dited Legislative Line-Item Veto and dreamed of what it would be like to go nity of Orviston. Rescissions Act this week. The bipar- fishing with Grandpa. As a community leader, Kelsey dem- tisan legislation provides a constitu- onstrated a deep commitment to serv- The best chance for survival is tional line-item veto solution and cre- defibrillation—delivery of an electric ing his neighbors. His leadership within ates more checks and balances against the Howard Area Lions Club and the pulse shock to the heart. An SCA vic- runaway spending. tim has a 50–75 percent chance of sur- Clinton County Fair represents just Alone it won’t solve our problems; vival if a shock is administered to the two of the countless efforts he per- however, combined with a biennial heart within 5 minutes of collapse. formed. budget and a balanced-budget amend- He touched many lives and provided ment, it can deliver our children, like Awareness and training are critical to an excellent example to all who knew Sarah, from a future of debt to one of saving and enhancing lives. him. His determination, bright outlook opportunity. Mr. Speaker, as sponsor of legislation designed to encourage Good Samari- on life, and phenomenal voice will be f remembered. tans to use AEDs to save lives, I’m My thoughts and prayers are with his VISA WAIVER PROGRAM proud to recognize Save a Life Day. wife Barb, sons Wes and Dave, and (Ms. BERKLEY asked and was given Get trained, so a young boy can go their entire family. permission to address the House for 1 fishing with Grandpa.

VerDate Mar 15 2010 01:31 Feb 10, 2012 Jkt 019060 PO 00000 Frm 00021 Fmt 4634 Sfmt 0634 E:\CR\FM\K09FE7.029 H09FEPT1 rfrederick on DSK6SPTVN1PROD with HOUSE H664 CONGRESSIONAL RECORD — HOUSE February 9, 2012 b 1130 the photo here. And Prairie Island is 50 COMMEMORATING ARIZONA’S SENDING UP A SIGNAL FLARE miles from the Twin Cities. CENTENNIAL ANNIVERSARY (Mr. ROSKAM asked and was given Now, where should this waste be? The SPEAKER pro tempore. Under permission to address the House for 1 Well, this waste should be where an the Speaker’s announced policy of Jan- minute and to revise and extend his re- 1982 energy policy, the Waste Policy uary 5, 2011, the gentleman from Ari- marks.) Act, and then the amendments in 1987 zona (Mr. FLAKE) is recognized for 56 Mr. ROSKAM. Mr. Speaker, I rise said, by Federal law, it should be, minutes as the designee of the major- today to send up a signal flare about a which is underneath a mountain in a ity leader. grievous concern that has foisted itself desert. And where is that mountain? Mr. FLAKE. Mr. Speaker, I rise upon this Nation from the Obama ad- The mountain’s called Yucca Moun- today to commemorate a milestone in ministration, and that is this: the tain. Arizona’s history, the centennial of our Obama administration is now going up Currently, after $15 billion spent re- great State. After nearly 49 years as a to communities of faith and poking searching and preparing the site, we U.S. Territory, Arizona became part of their chest and saying, either you will have zero nuclear waste onsite. If we the United States on February 14, 1912. Today Arizona is a bustling, contem- change the dictates of your conscience, were storing the nuclear waste there, it porary oasis of more than 6 million or we will fine you. We will use the would be 1,000 feet underground. It people. Its natural wonders—the Grand long arm of the Federal Government to would be 1,000 feet above the water Canyon, the Petrified Forest, the Red manipulate you into our view of the table, and it would be 100 miles from Rocks of Sedona, the Painted Desert, world, not the view of the world that the nearest body of water, which would coupled with modern conveniences, you think is bestowed upon you by be the Colorado River. most notably air-conditioning—draw God. Now, look at the difference between Mr. Speaker, that is a grievous error. millions of visitors from around the Yucca Mountain, 100 miles from the world every year. But it wasn’t always That is a provocation that needs to be Colorado River, versus nuclear waste answered, and, in a nutshell, we have a so. right next to the Mississippi River, ac- Early settlers, ranchers, farmers, and foreshadowing of what happens when tually in the Mississippi River flood- miners had to wonder what they’d got- that isn’t answered. It’s a fore- plain. ten themselves into. Such was the case shadowing that comes in the form of a with my ancestors. Allow me to tell a quote from Pastor Martin Niemoller, So, why aren’t we doing what the law sliver of their story because it tells a an anti-Nazi activist, who said: has dictated? Well, we have the major- ity leader of the Senate who’s been little about Arizona’s history. First they came for the Jews, and I didn’t William Jordan Flake, my great- speak out because I was not a Jew. blocking funding and stopping any Then they came for the Communists, and I movement to do the final scientific great-grandfather arrived in Arizona didn’t speak out because I was not a Com- study. In fact, the will of the House territory in 1878. When he bought a munist. was spoken last year when we voted, I ranch on the Silver Creek, he was Then they came for the trade unionists, think, 297 votes, bipartisan votes, to warned by the previous owners not to and I didn’t speak out because I was not a complete the funding and the study. invite any other families because the trade unionist. land and water would not sustain them. So let’s look at the Senators from And then they came for me, and there was Fortunately, he didn’t listen. Soon the no one left to speak out for me. the region of where this nuclear power town of Snowflake was born, becoming Mr. Speaker, it’s time for this coun- plant is. And it’s very curious: The two the hub of activity in what was then try to rise and to speak out and to push Senators from Minnesota, Senator Arizona territory. back on this outrageous provocation KLOBUCHAR and Senator FRANKEN, Not long after, William Jordan’s son, from the Obama administration. they’re silent. They’re silent on nu- James Madison Flake, was deputized, f clear waste in their own State. It’s along with his brother, Charles Love very curious. Not only nuclear waste, HIGH-LEVEL NUCLEAR WASTE Flake, to arrest an outlaw who had but nuclear waste on the river. drifted into town. As they disarmed the The SPEAKER pro tempore. Under And then you go to North Dakota. outlaw, the outlaw reached into his the Speaker’s announced policy of Jan- Senator CONRAD has voted ‘‘no.’’ Sen- boot, drew a weapon, and shot Charles uary 5, 2011, the gentleman from Illi- ator HOEVEN supports it. in the neck, killing him instantly. nois (Mr. SHIMKUS) is recognized for 60 James received a bullet in the left ear minutes as the designee of the major- South Dakota, Senator JOHNSON voted ‘‘no.’’ This is all in the region. before returning fire, killing the out- ity leader. law. Senator THUNE supports. Senator Mr. SHIMKUS. Before my Pennsyl- Just 3 years later, James Madison NELSON votes in support of Yucca vania friends get all freaked out, I ap- Flake sat at the bedside of his beloved Mountain. Senator JOHNSON votes in preciate you letting me come to the wife as she passed away, leaving him support of Yucca Mountain. floor for 5 minutes to do what is now a with nine children. ‘‘Once again I must weekly constitutional of mine and talk Now, Minnesota has two sites, three kiss the sod and face a cloudy future,’’ about high level nuclear waste in reactors; two of them are right in this he poignantly wrote in his journal. Yucca Mountain. location. So, as I’ve been coming down What I have been doing, to set the to the floor, if you add these new Sen- b 1140 stage, is going around the country ators to the total tally, right now we But like so many other pioneers who highlighting locations where there’s have 40 Senators who have expressed settled Arizona, he not only faced the nuclear waste throughout this country, support for moving high-level nuclear future, he shaped it. Along with raising and just making the statement that it waste. We have 12 who are curiously si- these children and many others that is in the national interest, and actually lent on nuclear waste in their State or would come later, James Madison it’s national Federal law that this in their region, and we have 10 who Flake involved himself politically in waste be consolidated in a centralized have stated a position of ‘‘no.’’ the issues of the day. Notably, he tells storage facility. And so with that, I’ll It’s in the best interest of our coun- in his journal of attending numerous begin. try, for the safety and security of this meetings and conventions around Ari- Today we’re headed to the great country, that we consolidate in a cen- zona and Colorado to promote the State of Minnesota, and we’re looking cause of women’s suffrage. No doubt, tralized location, underneath a moun- at a nuclear power plant called Prairie he was proud when, just after State- tain, in a desert, in the defined spot by Island. Now, Prairie Island has 725 mil- hood in 1912, Arizona became the sev- law, which is Yucca Mountain. lion tons of uranium, of spent fuel, on- enth State to approve the right of site. Prairie Island has waste stored And again, I want to thank my col- women to vote. Just a few years later, above the ground in pools and dry leagues and friends from Pennsylvania the Nation followed with the 19th casks. for allowing me to intrude upon their amendment to the Constitution. Prairie Island is in the Mississippi hour. James Madison Flake would be proud River floodplain, as you can see from I yield back the balance of my time. to know that Arizona has many women

VerDate Mar 15 2010 01:31 Feb 10, 2012 Jkt 019060 PO 00000 Frm 00022 Fmt 4634 Sfmt 0634 E:\CR\FM\K09FE7.031 H09FEPT1 rfrederick on DSK6SPTVN1PROD with HOUSE February 9, 2012 CONGRESSIONAL RECORD — HOUSE H665 legislators, has had a number of women inspire you to do things that maybe from his players every day of the week. Governors, and that the first woman you didn’t think you could do. He had Success with honor was what Coach appointed to the Supreme Court, San- the ability to get you to go beyond Paterno expected, whether his players dra Day O’Connor, is a proud Arizonan. being tired into being better. As a were performing in front of a hundred He would surely be proud to know of young guy growing up, he would come thousand fans in Beaver Stadium or Gabby Giffords, daughter of Arizona into our study halls and he would come taking an exam in a classroom. and one of this Nation’s enduring sym- into our halls, and I had the chance to As someone who played football bols of hope, who served this Nation’s go to Penn State many times to see through youth league all the way House of Representatives so ably. him as an assistant coach, and always through college, I fully appreciate the Over the past 100 years, Arizona has enjoyed the moments we had, and then special role that a football coach can been home to a number of colorful and go over to his house with Mrs. Paterno, play in the lives of his players. A coach transformative figures: Carl Hayden, and he would say to Mrs. Paterno, Hey, is, above all, a teacher, and one who Barry Goldwater, Mo Udall, and JOHN these guys are hungry. Can you get can build his players’ character and in- MCCAIN. them a sandwich? Can you get them still the values of hard work, persist- With so many unsuccessful Presi- something to eat? They were always so ence, and teamwork—lessons that last dential candidates, it’s often joked nice to us, and the kids were small a lifetime. Coach Paterno did just that. that Arizona is the only State where then. Football was the means by which he mothers don’t tell their children, Some So I can understand the sense of loss molded players into leaders and forever day you can grow up to be President. In that not only the Paterno family has transformed a university. He prepared fact, mothers get to tell their children but the State of Pennsylvania, and in his players to be winners in life, not something better: You have the privi- particular, Penn State University, be- just on Saturday afternoons. lege of being an Arizonan. cause Coach Paterno was part of the That is why when Joe Paterno passed One thing is certain. Because of the fabric of that which is Penn State. He away on January 22, Pennsylvania lost hard work and sacrifice of those who was the leaven that held Penn State a legendary football coach who gra- have gone before, Arizona’s next 100 together. He was the man that tran- ciously used the spotlight that he was years promise to be even better than scended not just football, because foot- given to help his players, Penn State the first because in Arizona, the beauty ball was only a very small part of our University, and our great Common- of the sunset in the evening is only life, but it was that game that taught wealth. eclipsed by the sunrise in the morning. us about life that was to come and the May he rest in peace. I yield back the balance of my time. adversity that you would face and the Mr. THOMPSON of Pennsylvania. I f problems that you would have to solve, thank the gentleman for participating HONORING JOE PATERNO and the idea that, yeah, well, you may today and this remembering and cele- The SPEAKER pro tempore. Under not have done it real well on that last brating. Mr. Speaker, in the times of my life the Speaker’s announced policy of Jan- play. The only sin was not getting up I have had opportunity to reflect back uary 5, 2011, the gentleman from Penn- off the deck and getting ready for the on and think of as special times, there sylvania (Mr. THOMPSON) is recognized next play. is one time in particular when I was a for 52 minutes as the designee of the So I join my colleagues from Penn- senior in high school. I grew up in Cen- majority leader. sylvania, and there’s a deep sense of ter County. I went to Penn State, I’m GENERAL LEAVE loss for all of us in Pennsylvania, and a proud Penn State alumni. I grew up Mr. THOMPSON of Pennsylvania. I especially all of those folks at Penn in the shadow of the Nittany Lion and ask unanimous consent that all Mem- State who have lost a true leader and a Joe Paterno. One of my most meaning- bers may have 5 legislative days within true icon—not just for college football ful memories having played high which to revise and extend their re- and not just for athletics, but for the school football was the day I got word marks and include extraneous material American life. that Coach Joe Paterno had asked for on the subject of my Special Order. So I am deeply indebted to Coach The SPEAKER pro tempore. Is there Paterno for what he taught us. I also game films to look at me as a prospect objection to the request of the gen- am grieving with the family and with for that great team. That was going tleman from Pennsylvania? the rest of the State of Pennsylvania well until he saw that as an offensive There was no objection. for the loss of a truly great American, guard I was less than 200 pounds. Mr. THOMPSON of Pennsylvania. Joe Paterno. But today, I still treasure that, that Mr. Speaker, I rise today with col- Mr. THOMPSON of Pennsylvania. I he looked at my performance and at leagues from Pennsylvania to recognize thank the gentleman for his comments, least saw something there. the accomplishments of Joe Paterno, for joining us and honoring and remem- Joe Paterno grew up in Brooklyn, the the longtime Penn State football coach bering a great individual in Joe descendant of Albanian and Italian im- who passed away last month. Paterno. migrants. He derived a toughness from Paterno’s accomplishments as a It’s now my honor to recognize Mr. that heritage, describing his father and teacher and a coach rank him among GERLACH, another colleague that I’ve Albania as a land of quiet, hardheaded the very best in the history of the had the privilege and honor to serve people. His toughness was seasoned by country. His accomplishments were with since coming to Congress. a deep appreciation of the classics. both on the field and on the campus. I yield to Congressman GERLACH. Virgil, which he read in the original I’m pleased today to be joined by a Mr. GERLACH. I appreciate this op- Latin, was a key source of inspiration number of my colleagues from Penn- portunity to join you here today. for Paterno. He wrote, ‘‘I’ll never for- sylvania and pleased to yield to the Mr. Speaker, I’m joining my col- get the majestic ring of the opening gentleman from Pennsylvania (Mr. leagues from Pennsylvania in recog- lines of ‘The Aeneid’: ‘Arma virumque KELLY). nizing Coach Joe Paterno and the leg- cano, Troiae qui primus ab oris,’’’ Mr. KELLY. I’m glad to be here with acy he forged during more than 60 which he translated as ‘‘Of arms and my colleagues from Pennsylvania. years at Penn State University. the man I sing.’’ My thoughts of Coach Paterno go Most major college football programs Paterno drew inspiration from way back to the time when I was a measure success solely on what hap- Virgil’s hero Aeneas. Of Aeneas he really young guy in Butler, Pennsyl- pens on a hundred-yard patch of grass wrote, ‘‘He yearns to be free of his tor- vania, and Coach Paterno at that time on Saturday afternoons in the fall. If menting duty, but he knows that his was an assistant coach for Rip Engle. you measured a career only in wins and duty is to others, to his men.’’ Coach Paterno would come into our losses, what Coach Paterno achieved is He attended Brown on a football high school, and he was very close historic: 409 times he walked off the scholarship, where he met and com- friends with my high school coach, Art field victorious, the most wins of any bated prejudice—prejudice from those Bernardi. coach in Division I college football. who thought that football players But the thing I remember most about However, what set Coach Paterno lacked the intellectual firepower of Coach Paterno, he had the ability to apart was that he demanded excellence other students, prejudice from those

VerDate Mar 15 2010 01:31 Feb 10, 2012 Jkt 019060 PO 00000 Frm 00023 Fmt 4634 Sfmt 0634 E:\CR\FM\K09FE7.033 H09FEPT1 rfrederick on DSK6SPTVN1PROD with HOUSE H666 CONGRESSIONAL RECORD — HOUSE February 9, 2012 who thought birth gave status instead children sent this to me. He said that, wasn’t very good at it. So Sue Paterno of personal excellence and hard work, over the years, Joe attended hundreds would basically give him books, and he prejudice based on religion. of dinners and functions, raising bil- would have to read the books and then As a player and later as coach, lions of dollars for Penn State, for the give her a book report. I mean, this is Paterno gave everything to his men, Special Olympics—I know his wife, the coach’s wife taking an interest in his players, and his team. Sue, was particularly devoted to the one player who was academically not I’m now very proud to yield to my Special Olympics—for the Catholic very strong at the time. Today, he is good friend from Pennsylvania, also a Church, and for education at all levels. quite successful and does quite well. Penn State alumni Nittany Lion, Mr. He said, I once asked him why he did I just wanted to share that story. It’s DENT. it, why he smiled when he signed his one of those stories you really don’t b 1150 30th autograph while getting a paper, hear about or about the anonymous and he said with that twinkle in his contributions that have been made by Mr. DENT. I thank the gentleman eye, The moment they don’t care about him that have been discovered recently from Pennsylvania (Mr. THOMPSON) for Penn State football, we can’t do the because people have spilled the beans, organizing this Special Order hour in things that matter. so to speak. He didn’t want people to order to discuss the life of Joseph Vin- He understood that, as a symbol and know that he was helping them. He did cent Paterno. As has been said, there as a person, he had to let people own a all of these things without any recogni- have been many eulogies said about piece of him to get them to buy in to tion. Joe Paterno, and he was an extraor- the larger vision. They did, and the re- He was an extraordinary man, and he dinary man by anyone’s measure. sults were spectacular. From the will be deeply missed. All I can say is As has been mentioned, he came to Paterno Library to scholarships to that he was a great Pennsylvanian us via Brooklyn and Brown University. what’s called THON, the dance mara- even if he did spend the first few years I believe he studied English literature, thon where they raise so much money of his life in Brooklyn. He was very and he always took great inspiration for children with cancer, he said, My proud of that by the way. I just wanted from the books he read and the dad helped them all. He made an im- to say that I’ll always have very fond classics. In fact, he turned down a life pact. memories of him. The university is a in professional football in order to stay That’s really what it was about. It better place because of what he has at Penn State and stay in this univer- has often been stated, too, that Joe done throughout his life, and I think sity, academic environment. He actu- Paterno really wasn’t supposed to go to we will always remember him. ally liked meeting with the faculty and Penn State at all. He was supposed to Mr. THOMPSON of Pennsylvania. I enjoyed discussing English literature go from Brown University and become thank the gentleman. and other weighty matters. This man an attorney, as his father had expected. Winning was important for Joe was quite complex. He was more than Basically, he told his dad at one point, Paterno, and he won a lot. Last fall, he just football, although certainly that No, I’m never going to be a lawyer. He achieved a record, becoming with 409 was such an important part of his life, was enjoying Penn State. He enjoyed wins and 136 losses the winningest and a big part of his life. the football program. He said his father coach in Division I college football. His We should also note that some of us took it all right, but closed with a wins record surpassed legendary coach- would always watch Joe Paterno over mandate that drove him his whole life. es, including Bear Bryant in 2001, the years. My mom is a Penn State His dad said, It’s not enough for you Bobby Bowden in 2008, and Eddie Rob- alumna and I’m a Penn State alumnus. to be just a good football coach. You inson in 2011. Penn State is one of just Our family goes back many, many dec- need to make an impact. So that was seven teams with more than 800 wins in ades, so we have some acquaintance imparted from his father on to Joe. its history, and Joe Paterno was active with Joe Paterno. Many people fondly There are a lot of people out there with the program for 704 of those remember him—the guy with the thick who played football for him. Some of games, over 61 seasons, with an amaz- Coke-bottle lenses and the khaki these were young men who had a lot of ing record of 514, 183 losses, seven ties— pants—flood pants—with athletic talent in many cases, and some of them or 73 percent. shoes. That’s how they’d see him out were maybe a little bit pampered, as It is my pleasure and privilege now on the field, getting a little agitated some athletes are at the high school to yield to another great Pennsylvania from time to time with the officials, level who are quite good; and Joe could Congressman, Congressman LOU but he was much more complex than be a pretty strict disciplinarian for a BARLETTA. all that. lot of them. In fact, one of his former Mr. BARLETTA. Mr. Speaker, it’s A few things: first, if there is a theme players, Kenny Jackson, who attended easy to judge Joe Paterno’s career by about Joe Paterno’s life, it was that he Penn State when I did, still calls him the numbers—409 career wins, which is was about setting clear standards, as ‘‘teacher’’ first. Hundreds of players a Division I coaching record; 37 bowl one of his children had told me. He has called him a surrogate father. The les- game appearances with 24 wins; five five wonderful children and a wonderful sons they learned translated across the undefeated seasons; 62 years at one uni- devoted wife, Sue Paterno. He often whole spectrum of their lives, creating versity, 46 of them as the head football said that Joe said things like this: a living legacy, and that will make an coach. Take care of the little things, and impact decades past his passing. Many of those numbers will never be the big things take care of themselves. There are so many people who spoke equaled or passed, but those numbers You either get better or you get worse. of him. Since his death and just prior weren’t the most important things to You never stay the same. Most impor- to his death, I spoke to some of his Joe Paterno. JoePa coached the great- tantly, he said, Make an impact. That former players and friends who knew est players in Penn State football his- was the wisdom that his father passed him well, and they often talk about the tory—Franco Harris, Shane Conlan, on to him and that Joe passed on to his impact he made on their lives and how LaVar Arrington, Curt Warner, John children—make an impact. much they cared for him all these dec- Cappelletti, Kerry Collins. More than So when you think about it, Joe ades after playing for him. In fact, 350 of his players signed NFL con- Paterno’s life was about making an im- there was one story, too, that I want to tracts—79 first-team All-Americans. pact, and football was just a means to share. Again, those numbers weren’t the most that greater end for him. He and his I remember back in the 1980s there important things to Joe Paterno. Here wife, Sue, would see a need, and they was a player named Bob White. He be- is what mattered to JoePa: would meet it one small thing at a came an All-American and was on the Forty-seven academic All-Americans, time until the big things, a legacy of national championship team. I think 37 of them first team; an 87 percent philanthropy and caring, took care of he even played in the NFL for a while. player graduation rate in 2011—20 themselves. They gave a lot of their I just remember how the Paternos took points higher than the national aver- own time as well as their own money. him under their wing. Apparently, he age—and according to the New Amer- His son said something to me, and was a fairly marginal student. He had ica Foundation, no achievement gap I’m just going to read this. One of his some trouble reading and, in fact, between its black and white players.

VerDate Mar 15 2010 01:31 Feb 10, 2012 Jkt 019060 PO 00000 Frm 00024 Fmt 4634 Sfmt 0634 E:\CR\FM\K09FE7.034 H09FEPT1 rfrederick on DSK6SPTVN1PROD with HOUSE February 9, 2012 CONGRESSIONAL RECORD — HOUSE H667 Joe Paterno loved coaching at the straight—football, a high second, but pendent-minded people, but very much college level because he loved pre- academics, an undisputed first, in his dependent upon one another. I am paring young men to succeed in life. He words. going to read an excerpt from that eu- turned down several offers of coaching Paterno said that he hounded his logy: in the NFL. He made far less than any players to get involved. Don’t let the Humor was a large part of my parents’ other college football coach. During world pass you by. Go after life. Attack marriage. My mom and dad, speaking to- the memorial service for JoePa, a na- it. Ten years from now, I want you to gether, was always entertaining. My mom tive son of my district, Jimmy Cefalo look back on college as a wonderful would jump up with a smart comment when time of expanding yourself, not just 4 he was talking, and you’d get a glimpse of of Pittston, captured the essence of his how the two of them interacted. Neither one coach. years of playing football. The purpose of them took themselves too seriously. Cefalo said, ‘‘He took the sons of the of college football is to serve edu- And he says: coal miners, and he took the sons of cation, not the other way around. One of my favorite lines that they had was steel mill workers and of farmers in He understood that education re- about how they stayed married so long. They rural Pennsylvania with the idea that quired an effort by both students and had a deal—whoever leaves the marriage we would come together and do it the teachers. Another of his quotes: first had to take the children. So neither one right way, the Paterno way. Those Even the most talented teacher can try of them ever left. thousands, literally thousands, of what he or she thinks is teaching, but it And that was sort of the sense of young men taken from generally small won’t really take unless the student takes humor they had, but they were so ut- communities, looking for direction at a charge of the most important job, learning. terly devoted to each other, to their very young age, this is Joe Paterno’s Thus began Joe Paterno’s grand ex- five children, and to their many grand- legacy.’’ periment at Penn State, where players children. That’s something we don’t would not just be model athletes but b 1200 speak much about Joe Paterno. model students and model citizens. His He didn’t have a whole lot of hobbies That sums it up perfectly. Without players responded, consistently rank- either. He was devoted to family and Joe Paterno, thousands of young men ing at or near among the top of the his football program and his univer- from the smallest towns and townships leading football programs in gradua- sity. That’s what he was about. So it of Pennsylvania might not have re- tion rates. really speaks volumes about him. He ceived a quality college education. He Under his tenure, the Penn State will be deeply missed. saw all of these young men as his sons, football team had 16 Hall of Fame At this time, I yield to the gen- and he wanted the best for each and Scholar Athletes, 49 Academic All- tleman from Altoona, Pennsylvania every one of them. Americans, and 18 NCAA Postgraduate (Mr. SHUSTER). Outside of college football, JoePa Scholarship winners. Penn State had Mr. SHUSTER. I thank the gen- lived a life as plain as Penn State’s more Academic All-Americans than all tleman from Allentown for yielding. uniforms. He lived in the same simple other Big Ten schools and ranked num- It’s a great privilege for me to be ranch house for 45 years. His home ber three among all 120 football bowl here on the House floor today talking phone number could have been found in division schools. about someone whom I had the highest the White Pages. For years, he drove a In 2009, the graduation rate of Joe regard for, and over the years I was Ford Tempo. His trademark rolled-up Paterno’s players was 89 percent, and able to watch just what a tremendous pants were not a fashion statement but the graduation success rate was 85 per- thing he did at Penn State University. a practicality. He rolled up the cuffs to cent, both of which were the greatest It’s not just about winning football save on dry cleaning bills. among all football programs in the games. Of course he won 409 games in But when it came to the university final 2009 Associated Press Top 25 poll. his 46 seasons, five undefeated teams, he loved, the university that educated I am now pleased to yield back to my and led Penn State to two national his five children and thousands of his good friend, Mr. DENT. championships. But he did more than players, Joe Paterno was exceedingly Mr. DENT. I thank the gentleman. that. He did more for the university. generous. Joe Paterno and his wife, And as we wind down this Special And I know my colleagues have al- Sue, and their five children announced Order this hour, talking about Joe ready talked about—it’s the only Divi- a contribution of $3.5 million to the Paterno, we should also probably note sion I school in the country that has a university in 1998, bringing Paterno’s one other thing, too. wing of the library named after the lifetime giving total to more than $4 Of course Joe Paterno was about suc- head football coach. That’s because of million. cess with honor, he was about making his and Sue’s dedication and contribu- Joe Paterno’s personal life was hum- an impact, but he was also about fam- tions to building not only that library ble, his humanitarian life was remark- ily. And also, I just want to say, too, but that institution. And a lot of that able, and his professional life was leg- that many players over the years, their building came about because he built endary. children would come to the school. In those football teams and brought na- Mr. THOMPSON of Pennsylvania. I some cases, three generations have tional attention to Penn State. thank my good friend for sharing his played with him. It’s a remarkable But for me, on a personal level, prob- thoughts on Coach Joe Paterno. story. ably one of the proudest moments I had You know, among Joe Paterno’s ac- I think of a guy from my hometown, was to stand on the House floor when— colades in 46 years as head coach were Mike Guman. Many of my colleagues I believe it was when he surpassed Wal- two national championships, seven from Alabama will remember Mike ter Camp’s winning record of 309 vic- undefeated seasons, 23 finishes in the Guman for the famous goal-line stand, tories, I think it was, about 10 years Top 10 rankings, and three Big Ten Penn State-Alabama Sugar Bowl, 1979. ago. And John Peterson, the Congress- Conference championships since join- I wish the end result had been dif- man from Pennsylvania who rep- ing the conference in 1993. Joe Paterno ferent. But nevertheless, Mike Guman resented that part of the country at had 24 bowl wins and 37 bowl game ap- was a running back. I had so many that time—G.T.’s predecessor—we had pearances, both of which are the most kind, wonderful things to say about a Special Order on the floor. John of any coach in history. him. And his son, too, Andy Guman, Peterson started first, and then the In his many decades as a coach at played at Penn State. That was the great coach Tom Osborne—which I Penn State, Paterno built a team dedi- kind of program that I think Joe want- don’t know if many people know, but cated to excellence on the field and off ed. It was very family-oriented. Tom Osborne served in Congress in the the field, as you heard many of my col- I also wanted to mention, too, that early 2000s. So Tom Osborne then got leagues refer to today. He saw football one of the eulogies about Joe that is up and spoke about Joe Paterno and as important, but he kept even football probably worth sharing—I believe it his respect for him. So then I got to in perspective. In his view, the players was given by his son Jay. He often follow Tom Osborne. I’m following a who have been most important to the talked about his sense of humor and legendary football coach talking about success of Penn State teams have just that of his wife. Joe and Sue were ut- a legendary football coach, which real- naturally kept their priorities terly devoted to each other, very inde- ly, even to this day, I’m getting

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So I think that’s cause it was really an exciting moment but from kids who couldn’t even play something they shouldn’t lose sight of. that I will always remember. after a couple of years because of in- I did read from a eulogy given at the But again, what Joe Paterno did, jury, but Joe Paterno stuck with them celebration of Joe’s life by one of his which stood him apart from many and encouraged them and instilled in children, and I submit it for the other coaches, was his dedication to them the performance of academics in RECORD. education and academic excellence. their life and making sure that they Again, I just want to conclude by Unlike many other schools with Divi- get that education. Because as we saying that Joe Vincent Paterno, a sion I programs, Paterno recruited know full well, when kids play Division great Pennsylvanian, a great Amer- players, speaking first about Penn I sports, whether it’s football, it’s bas- ican, a strong leader, a mentor to so State’s academic excellence. And dur- ketball, it’s baseball, they don’t al- many, a mentor even to many people ing that time in the early 2000s, when I ways—99 percent of them never make who never met him, but he had an im- served with Coach Tom Osborne, those it to the pro level. But they got an op- pact on their lives. So, Joe Paterno, were lean years for Penn State and for portunity to go to college. you did in fact make an impact. Joe Paterno. And when we would come And places like Penn State and other MOM AND DAD. I don’t know much about to town on a Monday or a Tuesday universities, when you have coaches Greek Mythology, so forgive me if I botch night for votes, Coach Osborne would like Joe Paterno and coaches who as- this reference. But in the past few months summon me over on the floor and talk pire to be like Joe Paterno, they instill I’ve been reminded of some kind of Greek myth. Apparently, we were once one body to me about what was going on in cen- in those kids that those 99 percent who with a male head and a female head and we tral Pennsylvania, how was the media can’t make it big in the pros, they still were all happy. Some angry god, as punish- treating Joe; and there was a real con- can get an education. They still can ment for some slight—sliced all of the happy cern that Coach Osborne had for Joe graduate from college and go out and two headed beings apart—forever dooming us Paterno and a real respect came get a good job and provide for their to run around the world looking for our through. families and become productive citi- other half. Anyone who knows my parents So after several of these meetings, I zens. Again, that’s something that Joe also knows that they were among the lucky finally asked Coach Osborne, I said, It’s Paterno always preached, to be produc- people who were able to find their other half: their soul mate, their best friend. obvious you have this great respect for tive, to be a good citizen, to give back We’ve stated over these past days just how Joe Paterno. Is that because you to your community. He lived that life, blessed and lucky my Dad was—and he knew thought he was a superior coach to and he will be sorely missed, not only it. One of the stories you won’t hear from a you? And he said, Oh, no, absolutely in Pennsylvania, but I believe through- former Letterman is the time that Coach not. I have a higher winning percent- out the college ranks and throughout Paterno became smitten with his girlfriend age than Paterno. But I do have a great the Nation. He’ll be one of those people and didn’t ask her out. No, sneaky Joe wait- respect for Joe because Joe could do you can look to and say: That’s the ed until Sue realized that this player was not for her and went in for the kill. After a something that nobody ever was able kind of coach I want to be. That’s the courtship that involved reading Albert to achieve; and that is, year in and kind of program that I want to build, Camus, walking on the beach, and pre- year out, Joe Paterno would graduate and those are the kind of kids that I tending that he had money, they married roughly 85 percent of his players, but want to turn into young, productive and soon started their family. always the highest graduation rate in citizens of the United States of Amer- Over the years when my Dad would talk Division I. And on top of that, he had ica. about retirement or getting older, he would quality football teams and he recruited So again, I’m pleased to be here with remind me, ‘‘You know, your mother is a quality players and he could compete my colleagues from Allentown and— young woman.’’ It almost became a joke. Whenever she was late coming back from a at a national level. So, he said, that’s Bellefonte? Close to Bellefonte. meeting or something, I’d say ‘‘Well you something none of us could do. Mr. THOMPSON of Pennsylvania. know, your mother is a young woman.’’ He’d Then Coach Osborne went on to tell Howard. always chuckle. But he did worry about her me about how he would talk to Joe in Mr. SHUSTER. That’s even smaller. and always wanted to make sure that she the off-season and try to understand And I’m actually from Everett, CHAR- would be OK once he was gone. the programs and the discipline and LIE. Altoona is a big city to me. I don’t They were absolutely devoted to their fam- the things he did, because he wanted to even know my way around Altoona. ily: my Dad was comfortable letting my But again, thanks a lot for you guys Mother handle the more traditional roles of be able to get to that level with Joe. diaper changing, but he loved to bounce us And Coach Osborne told me that, I be- doing this. I appreciate it greatly. Mr. DENT. I have to apologize for around on his knee, try to teach us table lieve, the highest he ever got was a 79 manners, have discussion-filled family din- percent graduation rate. making that error. I knew you were ners, and take us for walks; walks that from Everett, not from Altoona. But 1210 would continue into our adulthood and b Blair County, the whole of Bedford, it’s would be one of his primary ways of sharing So that’s from one of the great all- a wonderful area. We love it. his wisdom and insights with us. I shared time coaches, the great respect he held I wanted to say one other thing my some of dose walks in late November and I for Joe Paterno. And again, it was not friend, Mr. SHUSTER, just reminded me am forever grateful for having that oppor- just about his football; it was about of: how Coach Paterno, Joe Paterno, tunity. recognized that most of his players Their relationship was unique in some what he was, about building young ways. Two fiercely independent and strong men, about instilling in them the need were not going to become pros, and he people, yet two people utterly devoted and to educate themselves and to be excel- celebrated the accomplishments of his dependent on each other. Best friends who lent when it came to their academic ef- players off the field. In fact, I remem- challenged each other to be better, who sup- forts. ber one fellow who went to school with ported each other yet reminded the other He often said you have to start with me, a guy named Stu McMunn, Stewart when they might be mistaken, who knew the idea that a kid has to be a student McMunn, I think he was captain of spe- each other so well that they knew what the first. Paterno said in a 1982 Gannett cial teams. They won the national title other was thinking before they even said it. the year after I graduated. He talked This was a relationship that started with re- News Service interview: We preach spect and friendship and remained strong there are three things in a student’s with pride about that young man. He’s with faith, love, and commitment to each life when it comes to Penn State: stud- not going to be a pro, but he’s all of other. They made each other better. ies, academics, and social life, and you this spirit, all this fight in him, he’s a Humor was a large part of my parents mar- must keep them in that order and you smart kid, and all that. And he became riage. My Mom and Dad speaking together can never back away from that. a dentist. He was very proud of the fact was always entertaining—my Mom would So again, Joe Paterno’s education- that was one of his players. That was jump in with a smart comment when he was first mindset paid off for those thou- kind of the way he was. He wanted to talking, and you’d get a glimpse of how the two of them interacted. Neither one of them sands of young men that came to Penn see his players succeed. He wasn’t so took themselves too seriously. One of my fa- State. I don’t know if you watched the concerned about the next 5 years after vorite lines they had was about how they ceremony, the dedication to his life graduation, but the next 15, you know, stayed married so long. They had a deal— and his funeral, but you saw that come 20, 30, 50 years, to see what they’re whoever leaves the marriage first had to

VerDate Mar 15 2010 04:58 Feb 10, 2012 Jkt 019060 PO 00000 Frm 00026 Fmt 4634 Sfmt 0634 E:\CR\FM\K09FE7.038 H09FEPT1 rfrederick on DSK6SPTVN1PROD with HOUSE February 9, 2012 CONGRESSIONAL RECORD — HOUSE H669 take the children, so neither one of them Mr. Speaker, just yesterday I had the wins on the football field that helped Penn ever left. opportunity to visit with one of the State become the national university it is But that was really not the reason. They Special Olympic athletes, an ambas- today. Paterno helped in many other ways, too, were devoted to each other without fail. The sador for that program from Pitts- compassion and love they showed for each most notably leading the charge to raise other during these past few months was inde- burgh, Pennsylvania, Chris Jagielski. money for Penn State’s library, its endow- scribable. Weaker marriages may have splin- And the first thing Chris did in coming ment, to pay for professors, to pay for aca- tered at the incredible amount of pain they to my office was to express his sorrow demic scholarships, to pay for new buildings endured. Yet theirs only grew stronger. for the loss of Coach Joe Paterno. and just in general for academic purposes. My Mom’s only concern these past few Paterno wrote that he had been And Joe and his wife Sue donated their own months was for my Dad, and my Dad’s was strongly influenced by this line from money, too, having given more than $5 mil- only for my Mom. just a week ago, I was St. Ignatius: ‘‘ ‘Always work as though lion to Penn State over the years. JoePa’s support of academics and the suc- talking to him and I didn’t want him to get everything depended on you. Yet al- discouraged. I said to him—Hey, you’ve got cess of his team combined to make Penn to keep fighting. For Mom. He barely had his ways pray knowing that everything de- State a desirable place for students—not just voice then but he nodded and whispered back pends on God.’ Over the years, that dy- athletes. Penn State’s enrollment has ex- ‘‘fight, for Mom.’’ And he was. And he did namite thought has exploded to some- ploded over the years to 85,000, including until the end when we assured him that we thing larger and larger in my life. It those at its satellite campuses. Some years, would take care of Mom. means to me now, Never be afraid to 70,000 or more high school seniors apply for Like my mother, we are all heartbroken at accept your own limitations or the lim- the 7,000 or so freshman-class openings at the days and years ahead when we continue itations of others. Accept that we’re all Penn State’s University Park campus. Penn State has become a strong academic our lives without being able to pop in on him pretty small potatoes. Yet always for a quick visit, ask him for advice about institution—not just a strong football pro- our children. Or, in my case just to see him know how great each of us can be.’’ gram—in large part because of Joe Paterno. and be reminded of what a great father I’ve So the winningest coach in college For example: had. We have faith in God and his plan for all football history was, I think, among Since 1966, when Paterno became head of us, and I can only be grateful that I was the most humble of men based on those coach, Penn State’s endowment has grown a witness to a beautiful marriage and that I remarks that he made. The enormous from practically nothing to $1.67 billion as of had the best father and role model I could positive impact that Joe Paterno has 2007. possibly ask for. I love you and will miss you made on thousands of players, hun- Paterno’s fund-raising efforts have re- Dad. And don’t worry—we will take care of sulted in about $2 billion for Penn State. dreds of thousands of students and mil- The University Park campus has nearly Mom. I do know that my mother is a young lions of fans and admirers across cen- woman. doubled in size since 1966. tral Pennsylvania and around the He probably was the most underpaid coach, Mr. THOMPSON of Pennsylvania. world cannot be understated. He was a relatively speaking, in the history of big- Mr. Speaker, Joe Paterno claimed that man but his legend continues. For com- time college football, last fall making less the long run success of his teams was bining humility with a dedication to than all but one other coach in the Big Ten in the contributions his players made Conference. greatness, Joe Paterno stands as a He won the National Heritage Award of the to society after graduation. Joe model for all of us. With the passing of Paterno decided not to accept lucrative Anti-Defamation League for his role as hu- Joe Paterno, we’re all Penn State, and manitarian and philanthropist. NFL coaching offers because he loved we mourn his loss. Thank you, Joe Paterno was named Sportsman of the Year being an educator as a college coach. Paterno. by Sports illustrated. He also criticized NFL teams that took With that, I yield back the balance of He has produced 74 Academic All-Ameri- too much of his players’ time during my time. cans, and Penn State football consistently is their senior years. Paterno pushed the Mr. WOLF. Mr. Speaker, as a Penn State a national leader in the percentage of its NCAA to adopt rules requiring higher players who graduate—and that includes graduate, I would like to add to this evening’s high graduation rates for minorities, too. levels of academic performance from special order on the career of Joe Paterno by college athletes, pushing higher stand- He measured the success of his teams not sharing a column by Bill Kline that ran in in wins and losses, but how those players ards for both high school and college newspapers across the country following later influenced society as teachers and sur- graduates. Paterno’s dedication to edu- Paterno’s death. geons and engineers and leaders. cation extended far beyond the players [From the Tribune, Jan. 23, 2012] And through it all, Penn State remained a he coached. force on the football field and was doing just PATERNO BUILT PENN STATE ON, OFF THE fine. In the early 1980s, he pushed Penn FIELD State leadership to expand fundraising Two of Paterno’s last three recruiting (By Bill Kline) from alumni in order to advance aca- classes were ranked in the top 11 nationally, Every great man has a flaw. according to the recruiting site scout.com. demic programs. Paterno and his wife Critics of Joe Paterno, who died Sunday at Since 2005 Penn State’s winning percentage donated several million dollars to Penn 85, will cite at least one flaw of the leg- under Paterno was better than his all-time State University, and he helped them endary Penn State football coach—what winning percentage. raise many millions more. they will call his poor moral judgment in the He captured two Big Ten titles since then Coach Paterno once said: When I’m Jerry Sandusky sex-abuse scandal involving and was unbeaten in conference play and in gone, I hope they write that I made the Second Mile charity and Penn State. first place in the Big Ten’s Leaders Division Penn State a better place, not just that That assertion might be argued for dec- when he was ousted in November because of I was a good football coach. ades, as JoePa’s proponents will say that he the Sandusky scandal. did nothing wrong and did what he was sup- And Paterno, of course, set yet another Well, Coach, that is what they’re posed to do a decade ago when he received in- record last fall with his 409th career victory. writing today. formation about his former assistant coach But victories and championships—and He envisioned that increasing the re- Sandusky—Paterno told his superiors and flaws—should not be how we remember Joe sources available to the university asked them to look into it. Paterno. He would not want that. through fundraising would help its stu- But whatever side of the argument you Joe Paterno should be remembered as an dents attain academic excellence. And support, know this about Joseph Vincent educator who truly placed academics before the great things that Penn State has Paterno: No one did more for Penn State athletics. University and, in turn, its hundreds of thou- He should be remembered for building 18- attained over the years are in part a sands of students—not just for the athletes— year-old boys into men and productive mem- testament to his vision and his dedica- over the past six decades. And likely no one bers of society. tion to that cause. Often universities ever did more for Penn State in the 157-year And he should be remembered for building name athletic facilities after great history of the institution built on former a university that benefits all. coaches. Penn State named a new wing farmland in rural central Pennsylvania. Mr. BARLETTA. Mr. Speaker, it is easy to of its library after Paterno. You see, rightly or wrongly, Penn State judge Joe Paterno’s career by the numbers. Paterno’s contributions extend be- had an image of an agricultural college when 409 career wins—a Division I coaching yond Penn State. He was heavily in- Paterno arrived on campus in 1950—and even to some degree when he became head coach record. volved, he and his wife, Sue, in the Spe- in 1966. 37 bowl game appearances, with 24 wins. cial Olympics, and was also a national Paterno not only raised the profile of the Five undefeated seasons. 62 years at one spokesperson for the Charcot-Marie- Penn State program, he raised the profile of university. 46 of them as the head football Tooth Association. the university itself. And it was not just coach.

VerDate Mar 15 2010 04:58 Feb 10, 2012 Jkt 019060 PO 00000 Frm 00027 Fmt 4634 Sfmt 9920 E:\CR\FM\A09FE7.009 H09FEPT1 rfrederick on DSK6SPTVN1PROD with HOUSE H670 CONGRESSIONAL RECORD — HOUSE February 9, 2012 Many of those numbers will never be than their economic livelihood and via- something else, and it had to do with equaled or passed. But those numbers weren’t bility. So we’re going to be talking scoring points in an election. the most important things to Joe Paterno. today during this Special Order about One of the things we did today, which JoePa coached the greatest players in Penn economic justice, economic oppor- I think was important, but it was an State football history. Franco Harris. Shane tunity, and the fight for the American idea that came from the Democratic- Conlan. LaVar Arrington. Curt Warner. John middle class. majority Senate and originated with great Democrats TIM WALZ and LOUISE Cappelletti. Kerry Collins. More than 350 of his b 1220 players signed NFL contracts. 79 first-team SLAUGHTER, is that we voted on a bill All-Americans. Mr. Speaker, I’m cochair of the Con- to stop trading on congressional But again, those numbers weren’t the most gressional Progressive Caucus. The knowledge, the STOCK Act. Today, we important things to Joe Paterno. Congressional Progressive Caucus is voted on a bill designed to stop Mem- Here’s what mattered to JoePa: that caucus that comes to Congress to bers of Congress from profiting on con- 47 Academic All-Americans; 37 of them band together to stand up for the fidential information they receive first-team. American Dream, the idea that all while doing their jobs. You would An 87 percent player graduation rate in Americans, no matter which color they think that this goes without saying. 2011—20 points higher than the national aver- may be, whether they are disabled or But, sadly, that is exactly what some age. not, whether they are straight or gay, politicians have been doing. We voted And, according to the New America Founda- or what their religion is, have a right on the STOCK Act today, the Stop tion, no achievement gap between its black to full participation and opportunity to Trading on Congressional Knowledge and white players. grab that American Dream as one of Act, and I was happy to support this Joe Paterno loved coaching at the college our core beliefs. The Progressive Cau- bill. level because he loved preparing young men cus believes in clean air and a clean en- Although my colleagues, LOUISE to succeed in life. He turned down several of- vironment, believes that all Ameri- SLAUGHTER and TIM WALZ, are pushing fers to coach in the NFL. He made far less cans, all people across the world have a a bill which I think was a better than other college football coaches. right to clean air, clean water, and version, we voted on the Senate version During the memorial service for JoePa, a food free of pesticides and toxins. today. But the price for getting that native son of my district, Jimmy Cefalo of The Progressive Caucus is the organi- bill in front of us, the price for fighting Pittston, captured the essence of his coach. zation that is four square for civil to get that bill in front of us was a Cefalo said, quote, ‘‘He took the sons of the rights for all people. We believe that carve-out for a special interest, and that is too bad. coal miners, and he took the sons of steel mill it’s a national disgrace that women are The bill came before us today, and I workers, and of farmers in rural Pennsylvania paid 80 cents for every dollar a man makes. We think it’s a national dis- voted for it. But the public should with the idea that we would come together know a few things about the legisla- and do it the right way. The Paterno way. grace to not be able to love whomever you love and want to be with. We think tion. Only after stripping out a provi- Those thousands, literally thousands, of sion to stop the so-called political in- young men taken from generally small com- it’s a national problem that people in our society, which was founded on the telligence would the majority even munities looking for direction at a very young consider voting to stop Members from age . . . this is Joe Paterno’s legacy.’’ End idea of religious tolerance, sometimes find themselves the target of religious making bets on confidential informa- quote. tion. We wonder why Congress has a 10 That sums it up perfectly. Without Joe hate in this area. And we are four square dedicated to percent approval rate. After months of Paterno, thousands of young men from the calls for action by House Democrats, smallest towns and townships of Pennsylvania the idea that peace should be the guid- ing principle of our Nation and that di- House Republicans have finally re- might not have received a quality college edu- lented; and the House took up the cation. plomacy and development are good things, and that war is almost always a STOCK Act today, clarifying that He saw all of these young men as his sons, Members of Congress and congressional bad thing. Although sometimes it’s and he wanted the best for each of them. staff, executive branch officials, and necessary, diplomacy is always better. Outside of college football, JoePa lived a life judicial officers are subject to the same We don’t send our people into harm’s as plain as Penn State’s uniforms. He lived in insider trading rules as everyone else. the same simple ranch house for 45 years. way. That’s who the Progressive Cau- Unfortunately, leadership in the ma- His home phone number could have been cus is. That is what we are about, and jority House caucus took transparency found in the White Pages. I’m going to offer time tonight, Mr. and accountability measures and re- For years, he drove a Ford Tempo. Speaker, for a progressive message. wrote them in secret in the dark of His trademark rolled-up pants were not a So let me begin with that progressive night. And the majority caucus, the fashion statement but a practicality: he rolled message. We are here to talk about the Republican caucus, weakened the bill, up the cuffs to save on dry cleaning bills. progressive message; and tonight, we’re dropping a provision that will require But when it came to the university he loved, going to address the issue of economic those who peddle political intelligence the university that educated his five children viability. Working American families for profit to register and report, and and thousands of his players, Joe Paterno are getting crushed, and our middle eliminating the anti-corrupting provi- was exceedingly generous. class is shrinking every day. But here sion added by the Senate and unani- Joe Paterno, his wife, Sue, and their five in Washington, our friends on the other mously approved by the House Judici- children announced a contribution of $3.5 mil- side of the aisle, the Republican cau- ary Committee in December. Regard- lion to the University in 1998, bringing cus, is in control of the House. And ing the political-intelligence provi- Paterno’s lifetime giving total to more than $4 while millions of people are facing fore- sions, Senator GRASSLEY, Republican million. closure and unemployment, sadly, we of Iowa, responded, It’s astonishing and Joe Paterno’s personal life was humble. His see Americans continuing to hurt, and extremely disappointing that the humanitarian life was remarkable. And his pro- their problems are not being addressed. House would fulfill Wall Street’s wish- fessional life was legendary. This week in Congress, if I could just es by killing this provision. f talk about what we did this week, the So Republican Senator GRASSLEY Republican majority did not bring up a even had to admonish the House to say, THE PROGRESSIVE MESSAGE single jobs bill. We didn’t talk about why would we weaken the bill, drop- The SPEAKER pro tempore. Under jobs this week. Here we are at the close ping a provision that would require the Speaker’s announced policy of Jan- of the week, and we’re not talking those who peddle political intelligence uary 5, 2011, the gentleman from Min- about jobs. They did not bring up a bill for money to register and report their nesota (Mr. ELLISON) is recognized for to keep Americans in their homes and activities? That’s too bad. If Congress 60 minutes as the designee of the mi- address foreclosure, nor did we talk delays action, the political-intelligence nority leader. about cleaning up our air and our industry will stay in the shadows—just Mr. ELLISON. Mr. Speaker, there are water, or building our economy or our the way Wall Street likes it. a lot of important issues facing the Nation’s crumbling infrastructure. No, It’s time to act on this legislation American people, none more important we weren’t doing that. We were doing and take a first step toward restoring

VerDate Mar 15 2010 02:25 Feb 10, 2012 Jkt 019060 PO 00000 Frm 00028 Fmt 4634 Sfmt 0634 E:\CR\FM\A09FE7.022 H09FEPT1 rfrederick on DSK6SPTVN1PROD with HOUSE February 9, 2012 CONGRESSIONAL RECORD — HOUSE H671 trust in government. We must hold a It prohibits Members, their staff, ex- House Majority Leader Eric Cantor (R–Va.) swift House-Senate conference to ecutive branch employees, and any has released his version of a congressional strengthen this Republican-majority other person from buying or selling se- insider trading ban, and it strips a provision bill that passed through here that’s a curity swaps or commodity futures that would require so-called ‘‘political intel- ligence’’ consultants to disclose their activi- weakened piece of legislation. based on congressional and executive ties, like lobbyists already do. It also scraps Last week, the Senate bill passed a branch nonpublic information. It re- a proposal that empowers Federal prosecu- stronger measure by a vote of 96–3, and quires a more timely disclosure of fi- tors going after corruption by public offi- a stronger bipartisan House bill is co- nancial transactions above $1,000 for cials. That stoked backlash from Demo- sponsored by 285 Members, including 99 those Members and staff that are al- crats—yes, it did—and even some Repub- Republicans. The so-called political-in- ready required to file annual financial licans, who are furious at Cantor and are ac- telligence industry serves no one. All it disclosures. cusing the Virginia Republican of watering down the popular legislation that easily does is really pad Wall Street profits b 1230 off of a rigged game. This insider trad- passed the Senate last week. ing is nothing more than Wall Street It amends the House ethics rules to ‘‘It’s astonishing’’—this is a quote insiders pumping Washington insiders prohibit Members and their employees from the Politico article: from disclosing any nonpublic informa- for information so that they can place It’s astonishing and extremely dis- bets on stocks. Political-intelligence tion about legislative action for invest- ment purposes. My constituents don’t appointing that the House would fulfill Wall firms have grown drastically over the have insider traders looking out for Street’s wishes by killing the provision. last few decades and are now a $100 mil- That’s what Senator Chuck Grassley said in their bottom line. a statement. If Congress delays action, the lion industry. Now, let me just talk a little bit Every day, these firms help hedge political intelligence industry will stay in more about the STOCK Act. funds and Wall Street investors un- the shadows, just the way Wall Street likes While the House voted this morning it. fairly profit from nonpublic congres- on the STOCK Act, making clear that sional information, and these firms rules against insider trading apply to Of course, Mr. Speaker, Roll Call had have no oversight and can freely pass Members of Congress, congressional to weigh in on this issue as well. It along information for investment pur- staff, executive branch officials, and sounds like there’s a pretty strong con- poses. A 2005 story on insiders profiting judicial officers and employees, the sensus that the House version we off of a last-minute government bail- version brought to the floor by Leader passed was weakened and watered down out of companies embroiled in asbestos CANTOR was weakened by Republicans and not what the public was expecting. litigation was a catalyst to the STOCK before it actually came to be voted on. Roll Call says: Act. A recent Wall Street story on the The GOP rhetoric suggesting otherwise prevalence of the intelligence industry Grassley, others rip House STOCK Act. isn’t fooling anybody. Senator Chuck Grassley is ripping the House reinforces the need for this bill. With- The Associated Press weighed in on version of a major reform bill passed last out the STOCK Act, enforcement offi- this issue, and they said: Tuesday, calling it ‘‘astonishing’’ that House cials are left in the dark on who is pay- The House passes Republican-written in- GOP leaders would drop a provision requir- ing and playing in the political-intel- sider trading bill that has heavy Wall Street ing political intelligence consultants to reg- ligence industry. influence. The House has passed a bill to ban ister as lobbyists. Senator Grassley joined a This is why we need the whole Members of Congress and executive branch chorus of watchdog groups and Democrats STOCK Act. The Stop Trading on Con- officials from insider trading, but critics criticizing the House version. gressional Knowledge Act, the STOCK from both parties accuse House Republican Melanie Sloan, President of Citizens Act, would shed necessary light on a leaders of caving in to investment firms by eliminating a proposal to regulate people for Responsibility and Ethics in Wash- lucrative industry that has been lurk- who try to pry financial information from ington, said: ‘‘The Cantor provision is a ing in the shadows since the 70s. H.R. Congress. sham and aimed at tricking Americans 1148 establishes regulations for the po- The New York Times had something into thinking he’s dealing with the litical-intelligence industry by amend- to say, too. Here’s what they said in an issue.’’ That was a quote. ing the Lobbying Disclosure Act to editorial: So, whether you’re talking about Po- apply the registration, reporting, and The House’s Less Persuasive Ban on In- litico, Washington Times, Washington disclosure requirements to all polit- sider Trading. House Republican leaders ap- Post, Associated Press, Roll Call, or ical-intelligence activities just as they pear ready to bow to election-year pressure whether you’re just talking about apply to lobbyists now. This is an im- and pass a bill banning lawmakers from members of the House Democratic Cau- portant provision, and it’s an essential using nonpublic information they hear on the job to make financial investments. The cus or citizens across the Nation, we piece to the STOCK Act’s purpose of did pass a version of the STOCK Act banning insider trading based on con- House legislation, however, is missing two vital provisions that are in the Senate bill today. It was a weakened version. It gressional knowledge. that won overwhelming approval last week. wasn’t good enough. And, Mr. Speaker, Regarding support for the STOCK If the goal is to root out corruption and raise if Americans across this country de- Act, the STOCK Act has a lot of sup- the public’s low opinion of Congress, the cided that they were going to demand port, Mr. Speaker. The STOCK Act has House should approve the full range of re- that there be a conference committee a broad base of support from organiza- form in the Senate bill. in which the stronger provisions were tions dedicated to government reform, The Washington Post also had some- adopted, I think that would be a very including Public Citizen, Citizens for thing to say about this, Mr. Speaker. good thing. Responsibility and Ethics in Wash- What they had to say is: Americans across this country, I ington, Common Cause, Democracy 21, The House should take the opportunity to the League of Women Voters, Project help crack down on public corruption. The think they agree with what’s written on Government Oversight, the Sunlight House of Representatives is expected to take in this Washington Post article. They Foundation and U.S. PIRG. up, Thursday, a useful measure to prohibit write: Here is a summary of the STOCK insider trading by Members of Congress and A scaled-back ethics bill headed toward Act, and this is a bill authored by TIM to beef up disclosure of lawmakers’ financial likely passage in the House Thursday despite transactions. Unfortunately, the version of WALZ and LOUISE SLAUGHTER, of which complaints from Senators that Republican the measure produced by the House majority leaders are jettisoning—that means getting I’m an original co-sponsor. It’s a leader, ERIC CANTOR, omits one of the most stronger version than what came rid of—several key provisions that won over- important parts of the bill passed by the whelming support in the Senate last week. through here today, and it’s what our Senate, a provision that would restore pros- country needs. The STOCK Act re- ecutors’ ability to go after official corrup- Of course Think Progress probably quires firms that specialize in political tion. echos the sentiments of the American intelligence who use information ob- So, Politico, which is one of our local people, too, Mr. Speaker, as they wrote tained from Congress to advise finan- papers that talks about Congress, took in their blog, ‘‘House Republicans pre- cial transactions to register with the up this issue and writes, ‘‘Cantor under pared to vote on watered-down congres- House and Senate, just like lobbying fire over STOCK Act.’’ What the Polit- sional insider trading ban.’’ Here’s firms are required to do. ico writes is this, Mr. Speaker: what they say:

VerDate Mar 15 2010 04:58 Feb 10, 2012 Jkt 019060 PO 00000 Frm 00029 Fmt 4634 Sfmt 0634 E:\CR\FM\K09FE7.042 H09FEPT1 rfrederick on DSK6SPTVN1PROD with HOUSE H672 CONGRESSIONAL RECORD — HOUSE February 9, 2012 Since a ‘‘60 Minutes’’ report showed that have essentially bought stock options lion penalty against Wells Fargo, Bank Representative Spencer Bachus (R–Al.) prof- where you would financially gain from of America, JPMorgan Chase, Allied ited from information he obtained in a pri- the loss of value, what is one to do? Financial, and Citigroup that were at vate economic briefing in 2008, Congress has Well, if they’re a public service em- the heart of the schemes that led to moved quickly to pass a bill to ban insider trading by its Members. House Majority ployee, if they’re a public official, they the securitization and collateralized Leader Eric Cantor has made several changes should pursue the public interest, and debt obligation risk-taking. The total to the legislation which appear intended to the law should forbid them from trying amount could grow to $30 billion or $45 at least weaken the final product, if not kill to pursue their private interests at the billion if additional banks join the set- it outright. public’s expense. tlement. Given the extent of the dam- That is what they said at Think b 1240 age they’ve caused, it’s a start, and Progress. frankly, a very important one. And yet, we do know that these Of course the New York Times, We can’t forget that millions of things, that there’s good evidence that they’re in this, too. This is an issue of America’s families lost their homes, these things may well have happened serious public concern, and we would and countless more are still dealing and that there needs to be account- expect their editorial writers to weigh with foreclosure. And our cities have ability all around. And it is dis- in. And what they said was this, Mr. empty hulks of neighborhoods that are appointing that when we finally, after Speaker: struggling as a result. these things finally get to the point If you come to places that I rep- With the House poised to take up a major where we’re going to pass a bill, that ethics bill, Republican leaders have deleted a resent, as you’ve mentioned, in north- we don’t go all the way. We make provision that would, for the first time, reg- ern Ohio you can see the thousands of ulate the collection of political intelligence carve-outs for the political intelligence industry. We make carve-outs for peo- vacant structures that these banks left from political insiders for the use of hedge to decay. They didn’t even manage funds, mutual funds, and other investors. ple here and there. This is not right. Representative Louise Slaughter, Demo- The Senate version, which has ac- them well once they possessed them. In crat of New York, said lawmakers and the countability, which has prosecution neighborhood after neighborhood, the public need to know more about the activi- authority, and which bans this polit- damage these banks inflicted is incal- ties of these professionals, who she said ical intelligence industry from just op- culable as they achieved the largest ‘‘glean information from Members of Con- erating in the shadows, that is what we transfer of equity and wealth from gress and staff and sell it to clients who Main Street to Wall Street. They’ve make a lot of money off it.’’ should be doing, not making carve-outs for them and sweetheart deals. made every community more poor. You know, Mr. Speaker, I’m betting So I’m joined now by my good friend This agreement is the largest joint that a lot of people across America from the great State of Ohio, rep- Federal/State settlement ever obtained don’t even know that this practice resenting the northern Ohio area. and the result of unprecedented coordi- even takes place. I’m betting that a lot There’s really no one, Mr. Speaker, nation between the various corners of of people across America don’t realize who has been a greater advocate for our government and the States. And it that there are people who sort of scur- consumers than MARCY KAPTUR. needs to be a major settlement. ry around in the shadows, looking for I yield to the gentlewoman from One in five American families with a tidbits of information which they could Ohio. mortgage today—this is an astounding use to make an investment decision, Ms. KAPTUR. I thank my dear col- number—owe more than the house is and that this is a multimillion-dollar league from Minnesota, and thank you actually worth by an average of over industry. for your leadership on so many issues $50,000. The collective negative equity Let me also move back and just say here. across the Nation is over $700 billion. that, Mr. Speaker, I doubt that the I listened with care to what you’ve For years I’ve come to this floor urg- American people really realize that been presenting today to give voice to ing Congress to do more, and one crit- there is important information that the American people from coast to ical part of this agreement is that it can affect stock price that is thrown coast. And I want to thank you, in par- does not provide blanket immunity to around around here. You would think ticular, for the work you’ve done on the banks for their misdeeds. While the that it would be just common sense, mortgage foreclosures, on holding Wall ink is barely dry on this agreement, Mr. Speaker, that as we as Members of Street accountable, Congressman ELLI- the press is reporting, and I quote, Offi- Congress are hired to pursue the public SON. No one has fought harder. Min- cials will also be able to pursue any al- interest, that no one would ever use nesota’s been affected, your home city legations of criminal wrongdoing. that information to advance their pri- of Detroit, all across northern Ohio, And I know the congressman and I vate commercial interests. There’s Toledo to Sandusky to Lorain to Cleve- want to go down that road, and I wish nothing wrong with Members of Con- land to Parma, all these communities to place in the RECORD an article from gress owning a business or something struck so hard by Wall Street’s malfea- The New York Times this week that like that. I mean, this is America. But sance. talks about how African American New to say you’re going to Congress to get And I wanted to join you today as Yorkers making more than $68,000 are information to try to trade stocks and you keep a focus on who the wrong- nearly five times as likely to hold high then getting rich off that information doers really have been, and how we interest mortgages as Caucasians of seems, to me, a real problem. help the Republic heal; to thank the similar income. Now, I don’t know what the facts are. Obama administration for the efforts [From the New York Times, Feb. 7, 2012] All I know is what I saw on ‘‘60 Min- they’ve made to date on a major settle- THAT COMEBACK TRAIL FOR THE ECONOMY? utes.’’ But it was alleged that a Mem- ment that’s being announced during HERE, IT’S LITTERED WITH FORECLOSURES ber of Congress was in a meeting, pur- the same timeframe as we speak here, (By Michael Powell) suing his responsibility to promote the where individual States and five of the public interest, left that meeting, and To walk 145th Street in South Jamaica, major Wall Street banks who are re- past red-brick homes with metal awnings using information from that meeting, sponsible, who used widespread fraudu- and chain-link fences, is to find a storm of purchased stock options and basically lent paperwork that precipitated the immense destructive power still raging. made a bet that the economy would go foreclosure crisis, that this settlement Three years ago, when I wandered this down. will actually bring some measure of block south of Linden Boulevard in Queens, So I ask you, Mr. Speaker, can a per- justice. banks had foreclosed on eight homes. In the son, charged with a public duty to up- And we ought to claim a great deal of years since, banks have filed notice against a hold the public interest simultaneously credit because the Progressive Caucus half-dozen more owners. Some of those pursue their private interests? And has been working so hard on this, and homes sit abandoned, plywood boards nailed across doors and windows, as if to guard what happens, Mr. Speaker, when those housing and the mortgage foreclosure against further spread of this plague. two things are at odds? crisis has been at the top of our agen- We are accustomed to hearing politicians If your job is to keep the economy da. talk of a halting recovery from the reces- afloat, but it would make you money if The settlement, the initial settle- sion. They detect heartbeats in the job mar- the economy goes down because you ment will reportedly impose a $26 bil- ket and flickers of life in house sales. New

VerDate Mar 15 2010 02:25 Feb 10, 2012 Jkt 019060 PO 00000 Frm 00030 Fmt 4634 Sfmt 0634 E:\CR\FM\K09FE7.044 H09FEPT1 rfrederick on DSK6SPTVN1PROD with HOUSE February 9, 2012 CONGRESSIONAL RECORD — HOUSE H673 York and New Jersey, our governors pro- Perhaps next time? Federal prosecutors. We did not do that this claim, are on the comeback trail. The mediator sets a new date. Mr. Hawes time around. Not here. walks to a bench and, from a brown plastic I have a bill that I have been asking for my A dozen miles from Midtown Manhattan, bag, pulls dog-eared letters from Nationstar the foreclosure belt stretches across the Mortgage. Nationstar, the letters show, colleagues to support, week in and week out. heart of black homeownership in this city, agreed that he had made his payments and It is H.R. 3050, ‘‘The Financial Crisis Criminal from Canarsie and East New York in Brook- promised to modify his mortgage in 2010, and Investigation Act.’’ This bill would authorize an lyn, to Springfield Gardens and St. Albans, again in July 2011: It broke both promises. additional 1,000 FBI agents, a sufficient num- Queens, where Fats Waller, Count Basie and He has lived in Rosedale, a black middle- ber of forensic experts, and additional employ- Ella Fitzgerald once owned handsome Tudor- class neighborhood, for decades. He’s edging ees by the Attorney General to prosecute vio- style homes. toward 70 and holds two jobs with no plans of lations of the law in the financial markets. Black Americans came late to homeowner- retiring. Like today’s announcement, we have seen ship for reasons deeply rooted in our tragic ‘‘I’m not one to hold grudges,’’ he says. racial history. Black New Yorkers making ‘‘The Lord says I can live 125 years, so I’ll some progress in getting more FBI agents, but more than $68,000 are nearly five times as keep paying the bank. But why can’t I get to more needs to be done. In last year’s appro- likely to hold high-interest mortgages as the finale?’’ priation, Congress made a bipartisan decision whites of similar income, and their default That’s a question that haunts thousands of to include funding for more than two hundred rates are much higher. Now a generation homeowners. additional agents. It’s good news, but we can- watches as its housing wealth is vaporized. Madam Speaker, a major settlement was not be soft on this kind of crime. Families, Organizers with the Neighborhood Eco- just reached between the individual states and neighborhoods, and whole communities were nomic Development Advocacy Project pored 5 of the major Wall Street banks whose wide- victims. over 2011 mortgage default data. They found that 345,000 city mortgages were in default or spread use of fraudulent paperwork fueled the Earlier this week, the New York Times re- delinquent last year. In corners of southeast foreclosure crisis. ported on what it described as a foreclosure Queens, banks filed as many as 150 delin- This initial settlement will reportedly impose belt that runs through the heart of African quency notes for every 1,000 housing units. $26 billion in penalties against Wells Fargo, American homeownership in New York City. I Attorney General Eric T. Schneiderman Bank of America, JP Morgan Chase, Ally Fi- want to include this article in the record, be- says that statewide the number of New York- nancial and Citigroup. The total amount could cause it details a very important element of ers at risk of losing homes exceeds the popu- grow to $30 billion or $45 billion if additional the foreclosure crisis. According to the Times, lation of Buffalo, Syracuse and Rochester banks join the settlement. Given the extent of black New Yorkers making more than $68,000 combined. In Jamaica, ‘‘for sale’’ signs sit two, three the damage that they caused, it’s a start, and are nearly five times as likely to hold high-in- and four to a block. Real estate agents re- an important one. terest mortgages as whites of similar income, semble fishermen who’ve kept lines in the We cannot forget that millions of American and their default rates are much higher. Now water too long. Of late, matters have grown families lost their homes, and countless more a generation watches as its housing wealth is worse. The federal government has stopped are still dealing with foreclosure. If you come vaporized.’’ paying counselors and lawyers for those at to places I represent in Northern Ohio, you In Cleveland, we see neighborhoods strug- risk of foreclosure, and Gov. Andrew M. can see the thousands of vacant structures gling to survive as well. In Cuyahoga County Cuomo, who takes pride in his reinvention as that these banks left to decay throughout indi- alone, there now are an estimated 30,000 va- a fiscal conservative, has declined to foot the bill. vidual neighborhoods. The damage these cant structures. We see shocking pictures of I stop Randy Ali, a Guyanese ironworker, banks inflicted is incalculable. homes stripped of everything from the siding as he tinkers with his SUV on 145th Street. This agreement is the largest joint federal- to the kitchen sink, even the floor boards. We Which is his house? He nods at a two-story state settlement ever obtained, and it is the re- see homes that were once worth $100,000 brick home. ‘‘I paid $360,000.’’ He gives a sult of unprecedented coordination between stripped of their entire value. We see whole mournful nod. ‘‘I just got a notice from the various corners of the government. And, it communities that were victimized by the ac- city that it’s valued at $215,000.’’ needs to be. One in five American families tions of Wall Street. He looks embarrassed. How could he fore- with a mortgage owe more than the house is Just last month, the President announced see a housing collapse this huge? ‘‘You have a family, you want a place to live.’’ Pause. actually worth today, by an average of during the State of the Union a new working ‘‘Do I walk away?’’ $50,000. The collective negative equity across group to look into mortgage fraud. It will co- Say this much: New Yorkers are better off the nation is $700 billion. ordinate efforts between the FBI, the Justice than those who live in the acres of foreclosed For years, I have come to this floor urging Department, and various states to go after homes in the deserts around Phoenix and Las Congress to do more. One critical part of this those on Wall Street who have perpetuated Vegas. Our politicians are not always an in- agreement is that it does not provide blanket fraud in the markets, using mortgage backed spiring lot, but New York has a social demo- immunity to the banks for their misdeeds. securities. Yet another good step, but we have cratic tradition, and they wove a safety net. Banks must submit to months of medi- While the ink is barely dry on this agreement, a lot more work to do. ation before foreclosing, and lawyers must the press is reporting that ‘‘Officials will also It is well past time for Wall Street to accept attest that the bank can prove ownership. be able to pursue any allegations of criminal responsibility for its role in the housing crisis. Judges here show waning patience for the wrong doing.’’ And, this is very important. Ac- Big Wall Street banks and the secondary mar- three-card monte act of some banks. cording to the Justice Department, ‘‘the agree- kets made obscene profits during the 1990s Just a few weeks ago, the Appellate Divi- ment does not prevent any claims by any indi- up to the market crash in 2008. During that sion of State Supreme Court took the un- vidual borrowers who wish to bring their own period, banks targeted communities, looking usual step of ruling that Bank of America lawsuits.’’ for individuals to take on mortgages the banks could not foreclose on an Orange County Yes this is an important step, but we must home of a New York City police officer. The knew they could not afford. And then Wall judges upheld a lower court ruling that the remember the scope of the damage and the Street went looking to make fast money on in- bank’s ‘‘conduct was nothing short of appall- magnitude of fraud that was committed. Much dividual American dreams and local mortgage ing.’’ work still needs to be done. markets. Those responsible did not care what Still, the fevers rage on. During the past decade, we as a country ultimately happened to families, communities, On Friday, I stepped off the elevator in failed to take white collar crime seriously, and or whole cities. And when the market col- State Supreme Court in Queens. Shafts of we as a country are still dealing with the dam- lapsed, the American taxpayer actually bailed sun poured across the marble floor, as dozens age that was done to our housing market. Al- of men and women sat in shadow, awaiting them out. Today’s settlement is big news, and mediation. ready back during the Bush Administration, it’s well past time that Wall Street started to A computer list is taped to the wooden the FBI testified before Congress that they pay up. But, we cannot forget that this story is door frame. Every foreclosure case has been were seeing an epidemic in white collar crime far from over, and our work is not over. adjourned 4, 5, 10 times. More homeowners and that we did not have anywhere near I think the civil rights aspect of what hold tight to their homes than a few years enough agents to deal with it. Well, history has gone on is extraordinarily impor- ago, but the cost is weeks of missed work has shown that we never provided the FBI tant. I don’t want to overstep my time and legal bills piled high. and other investigators and prosecutors with boundaries here, Congressman ELLISON. Freeman N. Hawes Sr. walks into the me- diation room. He’s a husky, cheerful black the full resources they needed. During the Do I have a couple of extra minutes in man, from Rosedale. The bank agent nods much smaller Savings and Loans crisis of the this period or not? pleasantly. She thinks the bank might grant 1980s, we set up a series of strike forces Mr. ELLISON. Well, yes you do. But him a mortgage modification. But she can’t based in 27 cities, staffed with 1,000 FBI may I ask a question before you con- get the bank on the phone just now. agents and forensic experts and dozens of tinue on?

VerDate Mar 15 2010 04:58 Feb 10, 2012 Jkt 019060 PO 00000 Frm 00031 Fmt 4634 Sfmt 0634 E:\CR\FM\A09FE7.010 H09FEPT1 rfrederick on DSK6SPTVN1PROD with HOUSE H674 CONGRESSIONAL RECORD — HOUSE February 9, 2012 Ms. KAPTUR. Please. accountable before we’re settling this In this arena of prosecution, we have Mr. ELLISON. We may see as many case? been very weak. as 10 million homes go into foreclosure Ms. KAPTUR. Well, you know what’s Mr. ELLISON. Have we really inves- from the beginning of this crisis to the important to point out. You asked a tigated the extent of the wrongdoing end. How important to the average critical question because this settle- before we settled the case? I mean, I’m home owner is this settlement? Is it ment does not deal with those that glad there has been a settlement. I going to help them? originated mortgages. It only deals hope that it brings justice to everyone. I yield back to the gentlelady. with those mortgages that were held in I suspect it will bring justice to some Ms. KAPTUR. I think what’s going to the secondary market. And so it people. I hope so. But my question is, happen with this is, even though over a doesn’t claw black to the perpetrators Do we know the extent of the harm of million homeowners are likely to be of the scheme, and that’s why I’m say- the bad actors? helped and several hundred thousand ing this is an important first step. Here’s the thing. The originators get some recompense, maybe an aver- We also need, in every city, as we had might not be part of this, but these age of $2,000 per household, what’s during the savings and loan crisis, secondary-market actors, in my view, going to happen is it’s going to precipi- strike forces of FBI agents. There were are culpable, too, because they had to tate more foreclosures as the system maybe 55 agents working on this. We know if they read the mortgages, if continues to progress. And that is a tried to boost that number to 200. Dur- they read the documentation, they had deep concern of mine because these ing the S&L crisis we had 1,000. We to say, Wait a minute, something’s banks have not been noted for treating need accounting and forensic experts to funny here. We’ve got a 72-year-old re- customers well. piece together what happened in com- tired widow with a stated income of According to the Justice Depart- munity after community. $160,000 a year or $500,000 a year. It just ment, however, the agreement does not Congressman, in my area there were doesn’t make sense that there would be prevent any claims by individual bor- liars loans that were targeted to senior that many widows earning that kind of rowers who wish to bring their own citizens and the disabled. income. Now, there might be some who lawsuits. And I think it’s incumbent Mr. ELLISON. Liar loans? have that kind of wealth, but that kind upon lawyers across this country, our Ms. KAPTUR. Liars loans. They of income when they’re in their retire- Progressive Caucus, to look for legal would go up to a senior citizen, a ment years? There’s got to be some- remedies to continue to gain sweet jus- woman after she’d lost her husband and thing fishy here. Ms. KAPTUR. It reminds me of base- tice for those who have been so they would say, ma’am, you know, we ball. You’ve got some players who are harmed. feel very sorry for you, but we want out on the field. They’re saying, Well, Mr. ELLISON. Reclaiming my time, you to know we have a deal. You’ll you’ve got to hold the shortstop ac- now here’s the other thing. So we know never have to worry about your finan- that there may be 10 million people countable for a little bit of what he did cial future again. And they got her to when he’s out there on the field. But who lost their homes in foreclosure. cash out her equity, and they put one Maybe a million will get help. That’s you’ve got the team coach sitting in of these balloon payments on there, so the dugout. Right? They haven’t good. I hope they get it. she ended up having to pay more than touched the coach. They haven’t even But has anybody gone to prison for she could afford 10 years out. mortgage fraud schemes? I mean, touched all the players yet, and they This is what happened to people. sure haven’t seen the one who’s calling here’s why, I want you to address this There’s so much crime inside of what all the plays. question, but let me lay it out just a was done in community after commu- So what they’re dealing with here are tad for you. nity. And what’s been happening at the some of the mortgages in the sec- So what we have here, we know, is FBI is they have not been able to beef ondary market; they haven’t touched that people were drawn in with high up their Financial Fraud Division, and the coaches. They haven’t touched the pressure tactics to get in a mortgage they’ve been held—that’s why you originators on the mortgages in this that they didn’t understand, and some- haven’t had the people arrested. particular settlement. times were even misstating the in- Mr. ELLISON. Reclaiming my time, I Now, in terms of you said how much come. There are people who would say, want to ask you a question about that. does it help, the hole to our economy is look, I didn’t borrow that much money. So over the course of the last several several trillion dollars, counting unem- I have no idea where that amount came months, our friends on the Republican ployment and lost revenues and so from. side of the aisle—I’m just being honest, forth. Overall, the TARP was $700 bil- And then was a bunch of signing stuff and I don’t think even they would dis- lion. I didn’t support it. This settle- that happened that people were not agree with this—have been trumpeting ment is maybe $25 billion. Ohio alone aware of. And that sort of skirted the this idea, the government’s too big. had a gap about that large. So when reality. We’ve got to cut. We’ve got to cut. We you look at the settlement, it’s impor- Ms. KAPTUR. If the gentleman just have to cut. Cut, cut, cut, cut, cut, tant, it’s a victory. But we’ve got to would yield, the robo-signing. just cut. Scale it back, shrink it down, take the next step. We’ve got to get the Mr. ELLISON. The robo-signing. make it smaller. Get rid of govern- first baseman, the third baseman, the That’s right. ment. catcher, the batter, and then we’ve got And then another kind of amazing One iconic conservative figure said to go after the coaches in the dugout. thing that happened was that people we’ve got to shrink government to the Mr. ELLISON. You mentioned the would underwrite mortgages, not based size where you can drown it in a bath- S&L crisis. In the S&L crisis, we had a on the ability of the borrower to pay, tub. thousand Justice Department lawyers but based on their ability to sell that going after this thing. We’ve got 50,000 b 1250 mortgage into the secondary market. Justice Department lawyers going And then it would get repackaged into Now, if we were to shrink govern- after this recent housing foreclosure a mortgage-backed security which, ment to the size where we can drown it crisis. Can we even compete with some somehow miraculously, you know, in a bathtub, where are we going to get of these titans who the Justice Depart- these things that were stated income, these lawyers and investigators to in- ment has to deal with with that small no income, no job loans, falsified in- vestigate mortgage fraud? number? come for these things, made it into a Ms. KAPTUR. There will be no jus- Ms. KAPTUR. I’ll tell you, Congress- mortgage-backed security which then tice. man, one thing we need to do is look at was rated as triple A in many cases. The Congressman has pointed out some of the people that sit over at the There’s got to be some fraud and mis- something that is extraordinarily im- Justice Department and where they representation there. And so it just portant. There are those who seek to used to work before they got there, be- seems like the system was full of mis- harm the American people, whether cause I think one of the reasons that representation, fraud and all that. it’s through financial crimes or those prosecution isn’t occurring at the level Have we investigated this thing to the who are true enemies of our Republic; that it should is there is some paral- point where there are people to hold and we have to be strong on all fronts. ysis in some places because of those

VerDate Mar 15 2010 02:25 Feb 10, 2012 Jkt 019060 PO 00000 Frm 00032 Fmt 4634 Sfmt 0634 E:\CR\FM\K09FE7.046 H09FEPT1 rfrederick on DSK6SPTVN1PROD with HOUSE February 9, 2012 CONGRESSIONAL RECORD — HOUSE H675 who are able to block a play. They’re ing revenues to school systems, declin- them speculators because they really able to block prosecution. ing revenues into coffers so they can’t weren’t prudent bankers. We have a bill, H.R. 3050, the Finan- hire police. The drug trade has just Mr. ELLISON. Bankers collect depos- cial Crisis Criminal Investigation Act, locked down in some of these commu- its and loan money to the communities that would authorize an additional nities as people struggle to earn their they represent and help people do what 1,000 FBI agents. That’s just as many way forward in the most unfortunate they need to do. as we had during the S&L crisis, which way. Ms. KAPTUR. What this group did is much smaller than what we have You look at the harm this has caused was they actually have threatened the today. around the country, it’s profound. entire system of capital formation in But across our cities, across our re- I gave a Special Order the other day, this country because they have dis- gions, we don’t have the agents in and I said I think what we ought to do rupted the measurement of value at place to go after the crimes we’ve been with these big bankers, places like the local parcel level. So our normal talking about. Goldman Sachs and Citigroup, they system of recording deeds and value in Mr. ELLISON. I would like to ask the ought to come to our homeless shelters Minnesota, in Ohio, was thrown out the gentlelady from Ohio, we’ve talked and scrub the floors. Once we get them window as they went to the MERS sys- about who lost. Homeowners lost, even prosecuted, and I wait for that day, tem, the electric registration system. homeowners who never lost their home wouldn’t it be great if the CEO of Gold- Mr. ELLISON. Right. in foreclosure and never missed a pay- man Sachs had to come to a homeless b 1300 ment, their home value dropped; a lot shelter in Minneapolis and scrub the of people lost. But did some people floors and join Habitat for Humanity Ms. KAPTUR. They went over the really make a lot of money off of this for a couple of years and go try to fix heads of all of our local property re- crisis? up some of these houses in these com- cording offices, our titling offices. That Ms. KAPTUR. They made the highest munities? is at the heart of capitalism, itself. salaries in the country, bonuses. We They haven’t confronted their dam- You would think there would be a roar didn’t take a penny away. I had a bill age. They feel they’re being held harm- out of other economic interests in this to take 100 percent of the bonuses less, and you know what, they are. country, saying, Hey, you fellows, you away. Guess what? They never bring it Mr. ELLISON. What happens is they almost brought down capitalism. You on the floor. We couldn’t even take the profit from this mortgage fraud. They almost brought down the whole market make exorbitant monies as they bonuses away, much less their yachts, economy. securitize these bad mortgages. They their seven houses, all the fancy cars. And they actually did if you see the make exorbitant money as they col- They’re living a great life, and they be- damage still rippling through this lected on these credit default swaps as lieve they are immune from prosecu- country. Yet they’re not being pros- these mortgage-backed securities went tion. ecuted? Think about that. bad. Various people made gobs of Mr. ELLISON. So far they’re right. Mr. ELLISON. I’ll tell you, it’s all Ms. KAPTUR. It’s not a pretty pic- money, bonuses that just boggle the sort of an interlocking mess. I mean, ture. mind how big they are. we’ve been told since the days that But then, see, your point is inter- Mr. ELLISON. Many, many people Milton Friedman first hit the scene esting because they don’t see the dam- suffered in this foreclosure crisis. It’s that regulations were a problem in our age that they caused because they also that cities suffered as cities were economy and that having rules to pro- have—some of them even helicopter required—they used to have a tax- tect health and safety and fairness sim- from their homes to their offices. Oth- paying citizen in the home. Now, after ply were disrupting the market and ers of them are in limousines just fly- the foreclosure with all of this stated that we needed to get rid of these job- ing down the highway back to their killing regulations—what our Repub- income and the dishonesty and every- country villa from their downtown lican friends called them all the time— thing, they have no one living there, Manhattan skyscraper, so they don’t rather than commonsense protections they have weeds growing, dead dogs see the damage. They don’t drive to protect people. there, they have an attractive nuisance through Cleveland and Detroit and So we got rid of those things. We where, you know, sometimes awful Minneapolis and other places where didn’t enforce the laws that we already things happen in those abandoned whole neighborhoods have been sucked did have. We shrank government to the houses. So cities have seen their coffers out because of the damaging behavior point where, because we didn’t want to drained. They went from a plus-prop- that they engaged in. erty taxpaying person to now an ex- I think that it would be important pay any taxes, government couldn’t pense on the tax rolls. after they served their jail time to even afford itself, so we didn’t have the We’ve seen a reduction in the overall come and be with the people who they people to make sure that consumers property tax revenue of cities which harmed and have to explain the reason were being treated fairly, that mort- they need to put on vital services for that we have created and exacerbated gages were fair and that rules were residents of cities, streets, cops, fire, homelessness is because we just love being abided by. Then, as the tech- all of that stuff. money that much. Having two or three nology and everything changed, we Ms. KAPTUR. And the school dis- yachts and a couple of boats wasn’t weren’t able to change regulation so tricts, Congressman ELLISON. When good enough. We needed more and more that it would keep up to date with the you look at the revenues that are and more; and that’s why we wrecked necessity of the market. bleeding away from school districts, your city, damaged your neighborhood, What I have in mind now is an heroic the harm these big banks did—and they and put you out of your home. figure named Brooksley Born, who used to be speculation houses—and Ms. KAPTUR. What they have done tried to tell them that this OPEC ‘‘in- then they changed their name to are capital crimes. They have harmed surance’’ market—I put ‘‘insurance’’ in banks. They got to be holding banks our Republic so much with this mas- quotes—this credit default swap mar- then. sive transfer of wealth. I think the best ket, needed to be regulated. Instead of But if you look at the harm that they thing the American people can do is if regulating it, we actually passed a bill caused across America, it’s still not they are paying a mortgage loan or a in 1999 that it would not be regulated. over; and they’re not being held ac- car loan or a student loan to any one of Then as a result, when the music countable. Actually, they got richer. these big institutions that harmed stopped in 2008, we were at the mercy As a result of this crisis, six banks now America, take it out, renegotiate that of—what?—$54 trillion. control two-thirds of the finances of loan with a local institution, credit Ms. KAPTUR. When that bill was this country. union, community bank that didn’t do passed, I would venture to say 99 per- Before the crisis, they controlled this harm to the Republic. That’s cent of the Members of Congress didn’t about 40 percent. So they just got big- something every American family can even know it was in there because it ger and more powerful while commu- do. was buried in an omnibus appropria- nity after community has been struck Then when you think about it, what tions bill. Nobody even knew it was in with more homelessness, with declin- this group of bankers did—and I call there. So that was sort of the final

VerDate Mar 15 2010 02:25 Feb 10, 2012 Jkt 019060 PO 00000 Frm 00033 Fmt 4634 Sfmt 0634 E:\CR\FM\K09FE7.047 H09FEPT1 rfrederick on DSK6SPTVN1PROD with HOUSE H676 CONGRESSIONAL RECORD — HOUSE February 9, 2012 straw that broke the camel’s back. I we’re happy to receive those. Unem- hear them say anything good about wanted to say to the gentleman that ployment has ticked down to about 8.3 that; and while we’re adding private I’m sure in Minnesota—and you can percent, so it looks like the trajectory sector jobs, they’re trying to cut public verify this for me—just like in Ohio, of the economy is going in the right di- sector jobs. business after business tells me, rection. What is really going on here? Why MARCY, we can’t get a loan. But, until we address this housing isn’t our majority addressing the jobs Mr. ELLISON. Oh, yes. That’s right. problem, will we still have a drag on crisis? Their jobs program seems to be Ms. KAPTUR. The normal banking the economy? to attack the EPA. They’re basically system isn’t working, and what they’re Ms. KAPTUR. I am so happy the gen- making the case that Americans who trying to do at the Federal level is to tleman has asked that question. want to breathe and drink clean water focus attention just on the secondary I have served on the Housing com- are the problem of our economy. What market activity rather than on the mittees for my entire career in Con- is this laissez-faire get the government loan originators. So they’re saying, Oh, gress. There has been no modern recov- out? no taxes for the rich? What has the problem was at Fannie Mae and ery in our country that has not been this philosophy brought us to? Freddie Mac. led by housing development. If you Ms. KAPTUR. I would say to the gen- Fannie Mae and Freddie Mac were talk to Realtors, if you talk to home- tleman that I think what it has the second in line. builders, you’ll see how poor that mar- brought us to is of only being for the 1 Mr. ELLISON. Right. ket is right now. We have to fix the percent because, if you look at what is Ms. KAPTUR. The first in line were housing sector. going on, they have the big banks con- the originators, the very institutions On the part of the majority here, fiscating private property. In other we’re talking about here: Citicorp; there haven’t been any serious hear- words, where people had equity, they Bank of America; Goldman Sachs is ings on this. Have we gone out to the took it away; right? People walked now involved in that; Wells Fargo; country? We used to go out to the away from their homes. They didn’t HSBC; UBS. It’s all these institutions, country. When there is a crisis, you go get legal advice. They had a leg to and they originated through their out to the country. If Louisiana loses stand on, but they were so afraid that intermediaries, like Countrywide, part of its southern edge, we go down ordinary families just walked away which was involved. When the bad loan there. We try to help. We try to figure from their homes, and many of them was made, they then sold it to the sec- out what’s going on. On this housing could still be in their homes. So ondary market. So now most of the problem, there has been such timid ac- they’re confiscating private property. prosecution has been of the secondary tion, almost no action, by this Con- Then, at the Federal level, they want market activities, which really soured gress. We’ve just let it fester and hem- to take and cash out public property in about 2007, 2008, but the real per- orrhage across the country. that belongs to the American people: in petrators started well over a decade History will show this was one of the our parks—right?—and in our lands. earlier. That’s where we need to go—— most irresponsible periods that dam- Think about what they’re talking Mr. ELLISON. Yes. aged our housing stock from coast to about. Ms. KAPTUR. Which is to the origi- coast, and we will be paying for it for b 1310 nators who created the schemes that years to come—in shattered lives, in So a few want it all. And we’re say- allowed, as you say, the lid to be blown shattered communities. If I chaired the ing, that’s not what America’s about. off the regulation of derivatives and of committee, we’d be all over the coun- America is about everyone—we, the these fancy schemes. try. We wouldn’t be sitting here in people, all of us. Not just the few, but Right now, yes, we’re trying to get Washington doing nothing. We would about the 99 percent, not just the 1 per- ahold of the secondary market activ- be going out to these communities. cent. ity, but they only received the ball Mr. ELLISON. Our Republican But when six banks control two- from the original passer—I call them friends, who are in the majority, they thirds of the wealth of this country, the ‘‘coach’’—the ones who were actu- tell us: Let laissez-faire capitalism that’s something to be worried about ally developing the game plan, and you take over. Let the housing market bot- because it’s too much power in too few have to go back a decade. That’s why tom out. Government shouldn’t do any- hands. we need robust prosecution at the FBI. thing. Just let all home value go down Mr. ELLISON. I thank the gentle- Mr. ELLISON. Absolutely. to nothing, and eventually somebody lady. Does the gentlelady have any more will buy those houses that are just sit- Madam Speaker, may I inquire how news to report about the settlement? ting there, idle, after people have been much time remains? Ms. KAPTUR. All I know is that it’s unemployed and can’t afford them and The SPEAKER pro tempore (Ms. big news and that we’re receiving it have to be foreclosed on. They tell us BUERKLE). The gentleman from Min- well. It’s an important first step. I we should just be laissez-faire with nesota has 7 minutes remaining. think it’s like somebody just hit a that. They also tell us that we should Mr. ELLISON. Well, let me wrap up. solid first base hit, and we’ve got some not put any regulations in place and All I would like to say, Madam other bases to go around until we get that we should cut taxes so that the Speaker, is that the Progressive Cau- to home plate. government doesn’t have enough rev- cus looks at an America where the I really want to thank the gentleman enue to protect the people. American Dream was of liberty and very much for allowing me time today To me, this crisis seems like the justice for all. And when those words as we try to repair the Republic. This product of a philosophy—that the rich were written, we had a society where is a very helpful step. I want to thank people don’t have enough money and only part of our society was legally al- the Obama administration and wish that the poor have too much. This lowed to fully participate. Women them on to do even better. Let’s get seems like a culmination of a philos- couldn’t vote. Blacks couldn’t vote. those agents hired. I hope the Presi- ophy that for the people, through their But people who believed in the dream dent’s budget, when it comes up here, democratic institutions to hold busi- of America wanted to make progress will allow us to hire 1,000 agents at the ness accountable, to play fairly and by and fought to make sure that women FBI in order to get this job done, not the rules, has seen its full manifesta- and people of color could vote in this just in the secondary market, but to go tion. The full manifestation of this country. And people looked at that after the originators. Ayn Rand-type philosophy has brought American Dream and said, You know Mr. ELLISON. If the gentlelady has us to financial ruin, and they won’t what, we have a dream of a big middle just a few more minutes, if I may, I even admit that. class, broadly shared prosperity. And would like to pose one more question. We haven’t seen any hearings on how even though the society may not have Ms. KAPTUR. Please. to address the foreclosure crisis, be- quite been that way at that time, they Mr. ELLISON. We’ve heard that cause they believe in just letting the worked to fulfill that promise, that we’ve had about 23 months of private market bottom out. I mean, even dream, the American Dream, an idea sector job growth. In January, the job though there have been 23 months of that good Americans pursued and growth numbers were very good, and private sector job growth, you never helped to bring into fruition.

VerDate Mar 15 2010 04:58 Feb 10, 2012 Jkt 019060 PO 00000 Frm 00034 Fmt 4634 Sfmt 0634 E:\CR\FM\K09FE7.049 H09FEPT1 rfrederick on DSK6SPTVN1PROD with HOUSE February 9, 2012 CONGRESSIONAL RECORD — HOUSE H677 We are trying to make progress on Congress. And powers divided America. from, Madam Speaker, then it gives us the dream, the progress of full inclu- Powers divided America. We have that context for trying to achieve the sion, full employment, respecting our Democrats controlling the White goals the American people sent us here environment, believing in science. This House. We have Democrats controlling to do. is what the Progressive Caucus is all the Senate. We have Republicans con- Here we have article II, section 2, about. We’re not trying to conserve the trolling the U.S. House of Representa- clause 3 of the United States Constitu- old way where only some people had tives. And we have the American peo- tion: ‘‘The President shall have power privilege and opportunity. We’re trying ple who should be controlling all three to fill up all vacancies that may hap- to make progress. So this is what the of those things. pen during the recess of the Senate, by Progressive Caucus is all about. As we were coming into this new granting commissions which shall ex- The Progressive Caucus believes, of year, Madam Speaker, I was at home pire at the end of their next session.’’ course, there should be a free market with my family back in Georgia, and I This is the recess appoint authority, in America; but there also needs to be heard the news that the President of Madam Speaker. You’ve heard it said a public sector that will watch out for the United States had decided to ap- the President has the power to make the health, safety, and fairness of our point members to boards, to positions, recess appointments. The President country. Yet some people in Congress to the Consumer Financial Protection shall have the power to fill all vacan- are hostile to the idea of any govern- Bureau, to the National Labor Rela- cies that may happen during the recess ment role, but we’re not. We believe tions Board, to appoint positions that of the Senate. Undisputed. Undisputed, that government is how we come to- require Senate confirmation, to name Madam Speaker: article II, section 2, gether in ways that we can’t do it people to those positions without get- clause 3. alone, for the best benefit of every- ting that Senate confirmation, saying Article II, section 2, clause 2: The body. that if I can’t do it with the Senate, I’ll President shall have power by and with And we urge the Republican major- just skip the Senate. the advice and consent of the Senate to ity—they’ve got the power; this is a And I don’t mind telling you, Madam make treaties. And he shall nominate, winner-take-all-type system—to go out Speaker, that really cast a damper on and by and with the advice and consent across American and do something and my Christmas season. We were coming of the Senate, shall appoint ambas- hear people about the issue of fore- into this new year—a new year where, sadors, other public ministers and con- closure, to get some jobs going. Pass as my friends from the Progressive suls, judges of the Supreme Court, and the American Jobs Act. Pass the infra- Caucus have just laid out, we have all other officers of the United States structure bank bill. Do something to challenge after challenge after chal- whose appointments are not herein get this country together. Address the lenge after challenge that we, as Amer- otherwise provided. The President shall have the power foreclosure crisis. Stop whipping up icans, must face together, that we to make appointments if the Senate is Americans versus Americans, using must come together in order to solve. in recess. But if the Senate is not, the loaded terms like ‘‘food stamp Presi- And we’re coming into this new year, President only has the power—the dent,’’ which is racial code. Stop blam- an opportunity to make that happen. President shall, the Constitution says, ing the gay community for failures in And I had high hopes. I had high hopes nominate by and with the advice and people’s marriages. It’s not their fault. that despite this being an election year—and I think that brings out a lot consent of the United States Senate. Stop heaping hate and scorn on new That’s the way our system works, Americans, and stop trying to relegate of what’s worst about Washington, DC. Despite this being an election year, de- Madam Speaker. That’s the rule book women to second-class citizenship. that was left for us by our Founding spite there being divided government Let’s embrace the fullness of what it Fathers. That’s the rule book that has in Washington, I thought, We are going means to be an American. Let’s make guided this country for 225 years. The to have an opportunity because the progress on the American Dream. Let’s President has the power to appoint challenges are so great to come to- embrace the progressive message. nonelected leaders, unelected leaders gether on behalf of all of our constitu- And I just want to say, Madam to lead this Nation. But he can do so Speaker, I yield back the balance of encies to move this Nation forward. And I wondered because, even though only with the advice and consent of the my time. Senate. you are as new, as I am, Madam Speak- f Now, back in the day, Madam Speak- er, we’ve seen in years past that the RECESS APPOINTMENTS er—I know you are from the northern closer you get to election, the crazier part of the east coast. I’m from the The SPEAKER pro tempore. Under things get in Congress. The closer you southern part of the east coast. the Speaker’s announced policy of Jan- get to an election, sadly, the more uary 5, 2011, the gentleman from Geor- folks stop worrying about doing the b 1320 gia (Mr. WOODALL) is recognized for 30 right thing and start worrying about It used to take us a long time to get minutes. getting reelected and doing whatever it to Washington, DC. I’m 640 miles away Mr. WOODALL. Madam Speaker, I takes to do that. And as a freshman, from the Capital down in Georgia. If I very much appreciate the time, and I Madam Speaker, I know you likely had to get on my horse and ride to the appreciate being able to follow my col- agree with me. United States Capital, it would take leagues from the Progressive Caucus. I happen to think doing the right quite a few days to do it. And under- There is not a lot that the Progres- thing is the best thing for getting re- standing that the business of the sive Caucus works for in terms of their elected. I think if more folks spent American people had to continue, our techniques that I agree with, but there more time worrying about doing the Founding Fathers looked ahead and is so much that the caucus works for in right thing instead of getting re- said if the Senate cannot be recon- terms of its overall goals for America elected, their reelection campaigns vened, if the Senate is too far away to that I agree with. And I think that would take care of themselves. But I consult, and your first duty is to con- that is a story that does not get told as had high hopes coming into this year sult, but if you cannot, we want the often as it should here in this House. that this would not be a wasted reelec- country to go on. We can very often have common goals tion year for the American people but Well, that’s been the way it’s been in but have very different ways that we that we would be able to work on seri- this country, Madam Speaker, as you seek to achieve those goals, Madam ous issues together. know, for hundreds upon hundreds of Speaker. The rule book I use, Madam Speaker, years. Until now. Until now, when for I think the way that we achieve I have up here on the board. This hap- the very first time, when for the very those goals is important. It’s impor- pens to be article II, section 2, clause 3 first time this President of the United tant. As my colleague said when he was of the United States Constitution. But States said, I can’t get my nominees speaking on behalf of the Progressive the Constitution is the rule book I use. through the Democratic Senate, so I’m Caucus, America voted in 2008. America I carry mine with me. I don’t want it to going to go around the Senate. And he voted in 2010. And in 2008, they elected be far away because I believe that if we made appointments without the advice a President. In 2010, they elected a new have the same rule book to operate and consent of the Senate.

VerDate Mar 15 2010 04:58 Feb 10, 2012 Jkt 019060 PO 00000 Frm 00035 Fmt 4634 Sfmt 0634 E:\CR\FM\K09FE7.051 H09FEPT1 rfrederick on DSK6SPTVN1PROD with HOUSE H678 CONGRESSIONAL RECORD — HOUSE February 9, 2012 I have with me today, Madam Speak- HARRY REID knew, Madam Speaker, same thing is going on, but the only er, a page from the CONGRESSIONAL that the President could not, could not thing that is different is the President RECORD, a speech that was given on the under the laws that govern our plan, is of a different party? If we are ready Senate floor, and this is what it says: under the rule book that is the United to trade away those fundamental Mr. President, the Senate will be com- States Constitution, that he could not truths that unite us as a Nation, ing in for pro forma sessions during the make appointments if HARRY REID kept Madam Speaker, in the name of party, Thanksgiving holiday to prevent recess the Senate in pro forma session; 2007, we have nothing. We have nothing. appointments. then-Majority Leader HARRY REID This is not a Republican crisis. This My hope is that this will prompt the talking to then-President George Bush. is not a Democratic crisis. This is a President to see that it is in our mu- Fast forward, Madam Speaker, to the constitutional crisis and one that tual interests to get nominations back holiday season 2011–2012, same majority every single American has to be on on track. With an election year loom- leader sitting in the United States Sen- watch for. ing, significant progress can still be ate, HARRY REID, same pro forma ses- made. But that progress can’t be made sion continually through Thanksgiving b 1330 if the President seeks controversial re- and Christmas, the same pro forma ses- Madam Speaker, I’m not proud of ev- cess appointments and fails to make sion that HARRY REID said clearly erything that happened when Repub- others. would prevent constitutionally the licans ran the House, Republicans ran With the Thanksgiving break loom- President from making any appoint- the Senate, and Republicans ran the ing, the administration informed me ments. House. I’m certainly not proud of ev- that they would make several recess And what did this President do? He erything that happened when Demo- appointments. I indicated I would be made four. For the first time in Amer- crats ran the House, Democrats ran the willing to confirm various appoint- ican history, he made four. And he Senate, and Democrats ran the White ments if the administration would said, you know what, it’s been so hard House. The temptation to go along agree to move others, but they would to work with the Senate. This whole with party leaders is strong. But the not make that commitment. And as a going around the Senate and skipping requirement of the oath that we swear result, I am keeping the Senate in pro them all together is working so well, I the day we come to this institution, forma session to prevent recess ap- may do it again. If I can’t work with Madam Speaker, is not to follow party pointments until we get this process you, you, the delegates of the Amer- leaders. It is to follow the United back on track. ican people, you, the elected represent- States Constitution and to defend it Do you hear those words from the atives to our Republic, if I can’t work against enemies foreign and domestic. United States Senate, Madam Speaker? with you, I’m going to go around you. We cannot trade away these principles Do you hear those words? This was the And it worked out so well this time, I that have guided our Republic and have majority leader in the United States might do it again. protected our freedom in the name of Senate speaking out, telling the Presi- Madam Speaker, while I disagree party. dent you cannot, you cannot, you can- with my colleagues on the methods When the President was elected, not make appointments without the that we use, I share a common set of Madam Speaker, I think he believed advice and consent of the Senate. goals with them of what we want for that. I remember the spirit of the coun- You’re trying to go around us; we will America. When we lose that common try in those days right after the Presi- not allow it. We’re afraid you’re going fiber, when we lose what I would call dent was elected. It was magical. I ac- to do it when we go home for Thanks- that American Dream, that almost tually happened to be in town, Madam giving. So instead of going on recess, tangible spirit that unites us more Speaker, when the inauguration was instead of recessing the Senate, we’re than it divides us, that sense of who we going on there in January of 2009. going to stay in pro forma session not are as a Nation that you can almost President Obama being sworn in as just through Thanksgiving, but reach out and touch, that makes it President of the United States, and through the Christmas holidays to clear that we will continue, no matter there were men and women weeping in make certain that the President seeks what our differences, toward a common the streets—weeping in the streets be- our advice and consent. end. I would tell you the Constitution cause they had joy in their heart that Sounds like a speech a Republican of the United States, Madam Speaker, their voice had been heard, their Presi- would have given, Madam Speaker, to contains much of that spirit. The Con- make sure the President of the United dent had been elected and that better stitution is clear. days were on the horizon for America. States followed the Constitution, but And this President, for the first time, it’s not. It’s not. This is actually a Men and women weeping in the streets. decided it just didn’t matter. He had President Obama was not my choice page from the CONGRESSIONAL RECORD ends that he wanted to achieve, and he for President, but I love—I love—that November 16, 2007, Madam Speaker. said the means, as unconstitutional as while he and President Bush agreed on These are the words that then-Senate they may be, justify those ends. virtually nothing, President Bush took Majority Leader HARRY REID spoke to Same circumstance, same Senate President Bush, telling President Bush majority leader, same season on the the keys to the White House and the the law of the land is you can’t do it calendar, same pending election year. suitcase full of nuclear launch codes, and he handed them to President without us unless we’re in recess. We’re In 2007, HARRY REID took to the floor of not going to go on recess. We’re stay- the United States Senate, spoke out on Obama. Not a drop of blood was shed, ing here in pro forma session. And, in behalf of the American people and said, and not a bullet was fired. The leader- fact, the majority leader and still now The Constitution matters, don’t you ship of the most powerful nation on the majority leader, HARRY REID in the dare. planet, the most deadly military the United States Senate, kept the Senate The silence from the Senate this year Earth has ever known, the beacon of in session, pro forma session every day is deafening. Deafening. freedom the likes of which this planet until the end of President Bush’s term We only survive as a Republic, has never seen, the keys to that king- and no recess appointments were ever Madam Speaker, if the rules apply to dom were handed from one leader to made. Why, Madam Speaker? Because everyone consistently. This is not a the next, leaders who disagreed on al- the Senate never went on recess. matter of party; this is a matter of most everything, handed from one to HARRY REID said: Mr. President, the country. the next with no blood and no gunshots Senate will be coming in for pro forma HARRY REID was right when he called for one reason and one reason only: be- session during the Thanksgiving holi- out a Republican President and said, cause the American people demanded day to prevent recess appointments. don’t you dare. It’s unconstitutional. it, because the election required it, be- That’s how he opened his speech that And that Republican President, Presi- cause the freedoms that were laid out day. He closed his speech that day by dent George Bush, didn’t because he in the United States Constitution that saying: As a result, I’m keeping the knew also that the Constitution for- said the only power in Washington is Senate in pro forma session to prevent bade it. the power that we, the voters, give to recess appointments until we get this Where is the indignation today from it, lend to it, lease to it for a small pe- process back on track. the Senate, Madam Speaker, when that riod of time. That is the only power in

VerDate Mar 15 2010 02:49 Feb 10, 2012 Jkt 019060 PO 00000 Frm 00036 Fmt 4634 Sfmt 0634 E:\CR\FM\K09FE7.053 H09FEPT1 rfrederick on DSK6SPTVN1PROD with HOUSE February 9, 2012 CONGRESSIONAL RECORD — HOUSE H679 this town. And when, We the People as represented in those 100 men and linois sat on his shoulders, he knew speak, Washington must listen. All women in the Senate won’t sign off on what the truth was. under the rules, the rules of the United those folks doesn’t matter to him. He b 1340 States Constitution. has an agenda, and he wants to go after President Obama knew that when he it. What happened, Madam Speaker, to If the right of free and open debate is was elected. Here’s what he said—this trying to turn the page? taken away from the minority party is from his election night victory November 2010, President Obama rec- and the millions of Americans who ask speech in 2008 when President Obama ognizes failure. When asked about that us to be their voice, I fear the already said this: Resist the temptation to fall bitter partisanship, he said this: I ne- partisan atmosphere will be poisoned back on the same partisanship and pet- glected some things that matter to a to the point where no one will be able tiness and immaturity that has lot of people, and rightly so that they to agree on anything. poisoned our politics for far too long. matter, maintaining a bipartisan tone He was right, Madam Speaker. He He was right when he said it. Resist the in Washington. He knew, November was right before the election, when he temptation to fall back on the same 2010, he knew he’d promised it, he knew said he was going to fight partisanship. partisanship and pettiness and imma- that we, the American people, were He was right after the election, when turity that has poisoned our politics hoping that he would deliver it, and we he said he wanted to bring openness for far too long. That was his victory were praying that he would have the back to Washington. He was right when night speech, Madam Speaker. strength and conviction to deliver it. he was a United States Senator and he Before this Christmas season, when November of 2010, he said, I neglected said the people’s voice needed to be he decided he can’t work with the Sen- it. But in November, 2010, he said, I’m heard. He was wrong when he ignored ate, he’s going to go around the Sen- going to redouble my efforts to make it the United States Constitution less ate; when he decided if he couldn’t pass happen. I know in my heart it should than 45 days ago and said, I can’t work it with the people’s representatives, happen, he said. I’m going to redouble with the Senate. The people’s Rep- he’d just skip the people’s representa- my efforts. resentatives have it all wrong. And if I tives, he said, I’m going to choose a That was November, 2010, Madam can’t work with them, I’m going to go new path. Speaker, and here we are having the around them. You can’t make that But in December of last year, Madam President go around the Constitution choice, Madam Speaker. The rule book Speaker, after 3 years as our President, for the first time ever in American his- is right here. It’s the United States when asked about the partisan tone tory because the Senate does not ap- Constitution. that the rhetoric was taking, he said prove of his nominees. He cannot get Again, Senator Barack Obama: We this: It was going to take more than a Senate approval. Rather than nomi- need to rise above an ends-justify-the- year to solve it. It was going to take nating people with whom he could get means mentality because we are here more than 2 years. It was going to take Senate approval, he said, I want what I to answer to the people—all of the peo- more than one term, probably takes want. The will of the people as ex- ple, not just the ones wearing our party more than one President. pressed by the Senate does not matter. label. This was April 13, 2005. On victory night, Madam Speaker, he If I can’t work with them, I’m going to As a United States Senator, Presi- said deliverance is coming to America go around them, and it works so well, dent Obama knew. He knew, when he from the temptation of partisanship, I’m likely to do it again. had the burden of responsibility—the pettiness, and immaturity. In Decem- Madam Speaker, I don’t want this to pleasure of responsibility—of rep- ber of 2011, he said that it was just sound like a partisan discussion, this resenting the men and women of Illi- going to be too hard, couldn’t do it in that is happening with the Constitu- nois, he knew ends-justify-the-means a year, couldn’t do it in 2 years, tion today, this constitutional crisis mentality. We must rise above it, he couldn’t do it in a whole term, prob- that we’re in with these non-recess ‘‘re- said. We must answer to the American ably can’t even do it in one presidency. cess’’ appointments. It is wrong wheth- people, not just the ones wearing our Madam Speaker, his sights are set er a Republican tries to do it or a Dem- party label. too low. He can, if he has the courage ocrat tries to do it, and we know that He was right, Madam Speaker. He to do it. August of 2008, right before the to be true because we remember it was right then. He was right before the election, Madam Speaker, President from 2007. It wasn’t but one President election. He was right after the elec- Obama says this as he announces his ago that we last confronted this cir- tion. He is wrong today. What has hap- vice presidential candidate: After dec- cumstance. And what we concluded pened? What has happened in 3 years of ades of steady work across the aisle, I was, it’s unconstitutional, you can’t do his Presidency that he knew where we know that he’ll—talking about Vice it, and we’re going to keep the Senate could go as a Nation, he knew where we President BIDEN—be able to help me in pro forma session. And that pre- should go as a Nation. He knew that turn the page on the ugly partisanship vented President Bush from making the rule book that has been guiding us in Washington so we can bring Demo- any more appointments for the remain- for over 200 years would get us through crats and Republicans together to pass der of his presidency. to better days tomorrow. He knew it, an agenda that works for the American This is what President Obama said and he’s forgotten it. And we’re on the people. back when he was Senator Obama— brink of a constitutional crisis. Madam Speaker, he knows, he knows Senator Obama: These are challenges Madam Speaker, I have here a quote in his heart what the right thing to do we all want to meet, and problems we from Senator CHUCK SCHUMER: You is. He knows. He wants to move past, all want to solve, even if we don’t agree don’t change the rules in the middle of turn the page, he says, on the ugly par- on how to do it. But he says this, the game just because you can’t get tisanship in Washington so that we can Madam Speaker: But if the right of free your way. Our Constitution, our sys- bring Democrats and Republicans to- and open debate is taken away from tem of laws, is too hallowed, is too im- gether to pass an agenda that works for the minority party and millions of portant to do that. Democratic Senator the American people. That was right Americans who asked them to be their from New York, CHUCK SCHUMER. before the election, Madam Speaker. voice, I fear that the already partisan Madam Speaker, I’ve said it as long This year, he’s decided for the first atmosphere of Washington will be as I’ve been here—and you and I have time in American history, if he can’t poisoned to the point where no one will been here just over 1 year—truth does get along with Democrats and Repub- be able to agree on anything. That not have a Republican or Democratic licans in the Senate, he’ll just go doesn’t serve anyone’s best interest, he label after it. Truth is truth, right is around them. It doesn’t matter that said, and it certainly isn’t what the pa- right, and wrong is wrong. The Presi- the constitutional rule book says no. triots who founded this democracy had dent knows what’s wrong. He knew it He has somewhere he wants to go. He in mind. as a Senator. He knows it as a Presi- wants people in power that he can ap- Madam Speaker, when President dent. His colleagues in the Senate point, and the fact that the Senate Obama was Senator Obama, and he sat know what’s wrong. You don’t change won’t sign off on those folks, the fact in the Senate and the responsibility of the rules in the middle of the game just that the voice of the American people representing the men and women of Il- because you can’t get your way. Our

VerDate Mar 15 2010 02:49 Feb 10, 2012 Jkt 019060 PO 00000 Frm 00037 Fmt 4634 Sfmt 0634 E:\CR\FM\K09FE7.054 H09FEPT1 rfrederick on DSK6SPTVN1PROD with HOUSE H680 CONGRESSIONAL RECORD — HOUSE February 9, 2012 Constitution, our system of laws, is too ergy sources to run a bus. And street- tle bit, and then a bunch in the forties; hallowed, is too important to do that. cars, of course, were a bus on rails, and and, wow, the fifties, the sixties, the CHUCK SCHUMER was right, Madam we’ve taken those out of most of our seventies and even into the eighties we Speaker. There’s no process in this cities now. were discovering oil. Constitution for reining in that Execu- But you will never run an airplane on If you add up all of these bars here, tive that just throws the Constitution anything but some product from oil. you get the total amount of oil that aside—short of impeachment. It’s the You cannot possibly get enough energy the world has found, and the amount only one. We can’t sue him. We can’t stored in a battery to do that. And nat- that we have used is represented by go down there. We can have a picket, ural gas, those molecules are very this heavy dark line here. The amount but that doesn’t make any difference. small and they don’t like each other at that we’ve used is the same as the He knew it. He knew it was wrong. all. They try to get as far apart as pos- amount that we’ve produced because He knew it as a candidate. He knew it sible, so we squeeze on them to put we’re not storing anywhere any mean- once he was elected. He knew it when them close together and under some ingful quantities of oil. So the produc- he was a Senator. And he did it any- considerable pressure, but we just can’t tion rate and the consumption rate are way, because the ends justified his get them to liquify so that we can get essentially the same thing. means. any concentrated energy source there. There are several interesting things Madam Speaker, all we are as a Na- So for our airplanes, for instance, we’re about this chart. Notice that from tion comes from the very few words stuck with some product from oil. about the 1970s on, we have found less that make up this United States Con- For automobiles, we could certainly and less and less oil. And that was stitution—Constitution on your bed- run them on electricity. We can cer- while we had a greater and greater in- side, Bible on your bedside, those im- tainly run them on natural gas. We terest in finding oil because we had a portant works of American history by now run most of them—about 97 per- greater and greater use for oil. your bedside, Madam Speaker. We have cent of our transportation comes from The dark line here shows our use a national identity, and that national oil. But to do that, we have to make a rate, and you notice that it was in- identity is defined by having one set of lot of changes in engineering and man- creasing exponentially up through the rules that apply to everybody equally. ufacturing, and it takes a long while to early seventies. Had this curve contin- Madam Speaker, I’m grateful to you do that. The fleet out there runs about ued, and you can extrapolate it, it for making this time available to me 16 to 18 years before you turn the fleet would have come out through the top today. I encourage every American to over, so it would be a long while before of this graph. But a very fortuitous look at these facts and judge for them- we could introduce a meaningful num- thing happened. We didn’t think it was selves what the next step is on our con- ber of cars running on something other fortuitous at the time. It was anything stitutional journey. than some product of oil. Then we have but that at the time, but it was the I yield back the balance of my time. to develop the infrastructure to sup- Arab oil embargo. And I can remember f port that. that you went on even, odd days, the We have been, now, 100 years in this last number on your license plate, and OIL CRISIS IN AMERICA country developing our current infra- there were long lines at the service sta- The SPEAKER pro tempore. Under structure. In this country, in the tions, and some disagreements oc- the Speaker’s announced policy of Jan- world, we are finding the oil. We are curred in those lines. It was a difficult uary 5, 2011, the gentleman from Mary- developing the fields for pumping the time for America. But that woke us up. land (Mr. BARTLETT) is recognized for oil. We are transporting the oil. We’re By the way, this was only a tem- 30 minutes. refining it. We’re hauling it to the porary disruption of the supply of oil Mr. BARTLETT. Madam Speaker, I service stations. And there are millions because they just decided because they want to begin today with a chart that of them around the country, wherever did not like our friendship for Israel I usually use near the end of this pres- it’s convenient and customers will that they weren’t going to ship us the entation when I’m talking to an audi- come there and the owner can make a oil. There was plenty of oil to ship us, ence. I frequently don’t have time to profit. One might note that govern- and we knew it would be there after develop the chart as fully as one might, ment was hardly involved at all in any this temporary crisis. so I thought that today I would begin of these activities. It was the market- But it did wake us up. It reminded us with this chart. place that drove this. But today we’re that, gee, we had better be somewhat As I’ve said before, if you had only going to be talking about oil. more provident in our use of oil. And so one chart that you could look at to get We face a special crisis in oil; and it’s we set about being more efficient in some idea as to where we are relative not there in natural gas, and it’s not the way we use this energy. A lot of to the liquid fuel situation in the there in electricity. For those who things are more efficient today than world, this would be the chart. would have you believe that, because they were then, in both the use of oil Let me first make a comment or two we can put in more nuclear power and electricity. For instance, your air about energy in general. There’s a lot plants and wind and solar and micro conditioner is probably three times as of discussion of energy. Sometimes we hydro and true geothermal for elec- efficient today as it was then, so you’re talk about the various kinds of energy tricity, we don’t need to worry about using less electricity, relatively, now as if they were interchangeable. We oil because we can do it with elec- than you were then. will talk about electricity. We will tricity or natural gas, we can do it We became more efficient in our use talk about natural gas, and we will with natural gas; but we cannot change of oil. You notice there was a little re- talk about oil. When we have a sudden that quickly to avoid a crisis with oil cession produced by this Arab oil em- increase supply of one—natural gas if, indeed, we can’t find enough oil to bargo in the eighties there, and now today—the assumption is made by meet our demands. the growth rate is slower. That’s very some that, gee, we then don’t have a fortunate because now the reserves problem with oil, do we, because we’ve b 1350 that we have will last longer. had a problem with oil. Well, this is the one chart that I told Notice that at about 1980, we, for the Now, for some uses these energy you that if we had only one chart this first time, started using more oil than sources are fungible, they’re exchange- would be the one that would tell you we found. But no matter, because we able, and you can use one or the other. the most about where we’ve come from have a lot of reserves. You see, every- For instance, if you want to ride in a and where we’re going with oil. This is thing above this curve represents re- bus, we used to have buses that had a billions of barrels per year that have serves. All that we have used is what is trolley on top and wires up there, and been discovered here. These are the under the curve, so above the curve they were run with electricity. You see years in which they have been discov- represents reserves that we can use. them run with natural gas, and most of ered on the bottom, and the bars here And we cannot find enough to meet to- them are run with a petroleum product indicate the volume of that discovery. day’s use, and that’s been the situation that comes from oil. So with proper en- You can see that we started discov- since these curves crossed back here in gineering, you can use any of these en- ering it way back in the thirties a lit- about the eighties.

VerDate Mar 15 2010 02:49 Feb 10, 2012 Jkt 019060 PO 00000 Frm 00038 Fmt 4634 Sfmt 0634 E:\CR\FM\K09FE7.055 H09FEPT1 rfrederick on DSK6SPTVN1PROD with HOUSE February 9, 2012 CONGRESSIONAL RECORD — HOUSE H681 And so now we have been dipping of the person I think gave the most im- Now, if the United States, if we, with into these reserves back here to find portant speech of the last century. It all of our creativity and innovation, the oil that is above the oil that we’ve wasn’t recognized then, and I think could not reverse this decline, when found to meet our demands for it. And shortly now it will be recognized that the world reaches this top point, which by and by, these reserves, of course, the speech given by M. King Hubbert is called by most people peak oil, from will be exhausted. And so this was a on the 8th day of March, 1956, was the which point you go down the other prognostication made—when was it most important speech in the last cen- side, if we could not reverse that, what made? In about 2004, this prognostica- tury. It was given to a group of oil peo- chances do you think there are that tion was made that we were going to ple in San Antonio, Texas; and he made the world will do what we could not do? reach our maximum oil production what was then an absolutely audacious I think most people believe that we here in just about this time, isn’t it? prediction. probably can do more, better than the Just about this time we were going to The speech was given in 1956, and rest of the world. reach the maximum oil production, and here we are in 1956, and this is the This is a chart of a couple or so years then production of oil would fall off amount of oil that we’re producing. Oh, ago. These are the data from two enti- after that. the orange on top here is natural gas ties that do the world’s best job of Now, it’s anybody’s guess as to how liquids—that won’t be in your gas tracking the production and consump- much oil we will find, and we’re finding tank; it is propane and butane and tion, which are essentially the same some meaningful fields of oil. If you things like that—and oil from Texas thing, of oil. This is the International find a 1 billion field of oil, that’s a and oil from the rest of the United Energy Association, a creature of the pretty big field of oil. So where is that States. But the total here is the line OECD in Europe, and the Energy Infor- that we’re interested in, and this is on this chart? Well, this is 10 billion mation Administration, a part of our where we were in 1956. here, so 1 billion is way down here, just You have to put this in context as to own Department of Energy. These are barely gets off the baseline here. where we were as a country. The their two curves here. You can see that A really, really big find of oil is 10 United States was king of oil. We were they are very similar. billion barrels of oil. That’s here. producing more oil, we were using The caption up here says ‘‘Peak Oil: Well, you can see that the big discov- more oil, we were exporting more oil Are We There Yet?’’ Because they ap- eries that we’re finding today are than any other country in the world. peared to be leveling out. Now, this dwarfed by the discoveries that we M. King Hubbert said that, in just chart was drawn when oil was a bit found a number of years ago. One of about 14 years, right around 1970, the under $100 a barrel. You remember if these discoveries was the great Ghawar United States will reach its maximum we extended this out a little, it went to oil field, the granddaddy of all oil fields oil production. From then on, no mat- $147 a barrel. These curves did not go in Saudi Arabia. It’s been pumping oil ter what you do, the production of oil up. We’re roughly here at 84, 85 or so now for 50 years, and we don’t know will fall off. We don’t have time today, million barrels of oil a day or so. how many years yet before exhaustion but we may, at another time, go into That’s where we’ve been for 5 years in that field. how he made those predictions and why now. By the way, that 10 billion barrels of he was relatively certain that he was With increasing demand and no more oil that you find will last our world correct in making those predictions. supply, the price finally went up to $147 just exactly 120 days because every 12 No one else had done that. And be- a barrel, and the economy with some days we use a billion barrels of oil. cause we had always found huge help by the housing crisis in our coun- This is about sixth grade arithmetic. amounts of oil, more than we were try, came crashing down and oil We’re using about 84 million barrels of using, he was relegated to the lunatic dropped down to I think a bit below $40 oil a day, and if you multiply that by fringe. And when in 1970 it happened, a barrel. This has been a steady climb 12, it’s about 1,000, and 1,000 million is and when you were at 1980 and looked as the economy picked up from that a billion. So about every 12 days we use back, you really knew that it hap- time on, and oil, as you know now, is a billion barrels of oil. That means pened, didn’t you, because you could about $100 a barrel. that a huge oil discovery today will look back and say, wow, 1970 was the The next chart here, and I want you last the world 120 days. peak, wasn’t it? We’re falling off the to remember this one because you’re Now, what happens in the future, you peak now, so M. King Hubbert was not going to find it on the Internet can draw that curve anyway you wish right. when you go there. These both ap- by what you postulate as to what we’re Now, he did not include in his pre- peared on the Internet. It’s where we going to find. You can actually have dictions oil from Alaska or the Gulf of got them. These are charts produced by that curve going up, and some do, if Mexico because he looked at only the the IEA, the International Energy As- you think that we’re going to find lower 48. You notice that that huge sociation. This was called the World enough oil to make that happen. find in Alaska, we have a 4-foot pipe- Energy Outlook. This top one here But this is the rate at which we’ve line up there, I’ve been up there where they did in 2008. I want you to note been finding—and remember that these the pipeline begins, and we are pro- some interesting things about this ever-decreasing discoveries have oc- ducing about a fourth of all the oil in chart. curred while we’ve had better and bet- our country that flowed through that The dark blue here is the production ter technologies for finding oil. We had pipeline. of oil, what we call conventional oil. If pretty poor technologies back here, but b 1400 we went back to the other side of the it was near the surface and readily So it made a little blip here in the Chamber here and started 100 years available, so we found an awful lot of downhill slide. Then you remember not ago, you’d start at zero and then it it. Now what we find is deep and hard all that many years ago those fabled would come up and up and up, slowly to get at, and we have much better discoveries and production of oil in the up, always producing just the amount technologies for finding. So in spite of Gulf of Mexico. You see it here. It’s the of oil that the world wanted to use be- these improved technologies for finding little yellow here that made barely a cause it was the era and we could oil, we have been finding less and less ripple in the top line. produce it. and less oil. Well, this is the experience of the So, we always met the demands for The next chart shows us what hap- United States. Today we have drilled the use of oil in the world. It was 10 pened in our country and what is hap- more oil wells than all the rest of the cents a barrel when it started, and pening today in our country. I need to world put together. We’re the most cre- within fairly recent memory it was $10 get a more recent one of these charts ative, innovative society in the world. a barrel, really pretty cheap compared because it will show a little bit of a We could not reverse this decline that to $100 a barrel, isn’t it? pick-up here at the end due to the M. King Hubbert said was going to hap- So, they’re saying that now this con- Bakken oil. But this is the production pen. ventional oil that we’ve been pumping of oil in our country. He also predicted that at just about is going to reach a peak here. We Whenever I present this chart, I gen- this time, the world would be reaching reached that peak in our country in erally talk about the prognostications its maximum oil production. 1970, remember. After we reach that

VerDate Mar 15 2010 02:49 Feb 10, 2012 Jkt 019060 PO 00000 Frm 00039 Fmt 4634 Sfmt 0634 E:\CR\FM\K09FE7.056 H09FEPT1 rfrederick on DSK6SPTVN1PROD with HOUSE H682 CONGRESSIONAL RECORD — HOUSE February 9, 2012 peak, it’s now going to fall off. It’s now not do. Notice these huge wedges that than everybody else put together in going to go down the other side. are supposed to be produced by just our hemisphere. We’re now producing total liquid—we 2035. That’s not very long from now, is Here we are, the United States. We say it’s oil but some of it is natural gas it? I think that there is little prob- have only 2 percent of the reserves of liquids—about 84 million barrels a day. ability that these wedges will be pro- oil in the world, and we use 25 percent The top orange here is natural gas liq- duced. of the oil in the world. Guess who our uids. The green here is unconventional I think what’s going to happen is No. 1 importer is. It’s Canada. oil. That’s oil like the tar sands of Al- that the world will do what the United Look at Canada. Canada has even berta, Canada. That is really sticky States did. That this will tip over and less oil than we do, but they don’t have stuff. They have a shovel that lifts 100 the total production of oil worldwide very many people, so they can export tons, dumps it in a truck that holds 400 will decrease. the oil. tons, and then they cook it with some The next chart is a very recent chart Until fairly recently, Mexico was our what we call stranded natural gas. from the Deutsche Bank, and this No. 2 importer. They also have less oil That’s natural gas where there’s not a shows the growth in oil production ca- than we do. They have a lot of people, lot of people so there’s not a big de- pacity versus demand. This is not how but they’re too poor to use the oil, so mand for it. We say it’s stranded so it’s much we’re producing. This is the they can export it to us. The second quite cheap. They use that for heating growth in how much we’re producing. largest oil field in the world, the and softening this oil. Then they put They think this chart tells a grim Cantarell oil field, was in Mexico. It is some solvents in it so that it will re- story. I think it tells an even grimmer now in rapid decline by something like main a liquid so that they can pump it. story because I don’t think we’re going 20 percent a year, so now Mexico is our The dark little red one up here, now to have any increase in production. I No. 3 importer, and Saudi Arabia is our it really should be a part of the blue hope we do. But we have not for 5 years No. 2 importer of oil. one down here because it’s simply en- now. I think we’re stuck at where we I want you to look at Europe. Boy, hanced oil recovery. It’s squeezing a are. Even if we have this increase in you need a magnifying glass to find it little bit more out of conventional oil production, this is the increase in de- over here, don’t you? This is Europe. by pumping live steam down there or mand, and they say that an increase in It’s bigger than we are in terms of an seawater, as they do in Saudi Arabia, demand is going to fall 20 percent short economy but with very little oil. It’s of the production. or CO2 to get some more oil out of it. really dependent on these huge supplies They’re prognosticating that by 2030 Notice where most of that demand is. of oil from the Middle East. that we’re going to be producing 106 Red. Red China. That’s where most of Russia, spanning 11 time zones up million barrels of oil a day, and that’s the increase in demand is. there, is not all that big. They’re the going to be possible in spite of this fall- China last year used 6 percent more world’s, I think, No. 1 producer of oil off in the production from our conven- oil than it did the year before. World- now because they’re pumping really tional sources because there’s going to wide, there was no more oil than there hard in their oil fields. They have a lot be huge productions that come from was the year before. So where did of oil, and it will last for a while but the fields that we have now discovered, China get that oil? Well, we use less. nowhere near as long as that of Saudi the light blue here, but too tough to We used to use, what, 21 million barrels Arabia and Iraq and Iran. 1 develop, and the red ones, fields yet to a day? Now we’re at 18 ⁄2 million bar- By the way, as to Iran, if the current be discovered. rels a day. We are driving less. We’re increase in use rate and if the current These represent pretty big wedges, driving more efficient cars. There are production rates remain the same, and I want you to look at the relative more people in the HOV lane. those curves will cross within less than magnitude of these wedges to the Our military really has had a very a decade, and Iran will be an oil im- amount of oil that they said we would aggressive and very successful program porter. That is also true of Mexico, by be producing from our conventional to be more energy efficient because en- the way. They’re going to be an oil im- wells by 2030. ergy is a huge part of their cost. If it porter within a decade. If you look at Now, 2 years later in 2010, they pro- goes up just a dollar a barrel, they the rate of increase in the use of oil duced the chart on the bottom. There have millions of dollars more cost in and in the production of oil, those are several interesting things about the military. curves will cross in less than a decade. this. They reversed the two things on So for a lot of reasons, we’ve been The real alarming picture occurs top. They’re exactly the same things. more efficient in our country. Good when you look at China and India over They have different colors and they’ve news, because that meant that China there. They’re tiny, little countries in reversed them. This is unconventional could have more oil to use and the this world according to oil—China with oil, and this is natural gas liquids. price didn’t go above $100 a barrel. 1.3 billion people, India with over 1 bil- Let me show you the next chart here, They’ve now incorporated the en- lion people and with very little oil. and this one I think, is a very inter- hanced oil recovery up here where it What is China doing about this? China esting chart that kind of puts this in a should have been, and the conventional is buying up oil all over the world. We worldwide perspective. The world is oil. Notice now they’re showing even a use 25 percent of the world’s oil. It’s a going to seem to be turned upside down more precipitous dropoff, and now they bit less now since we slowed down a lit- with this. go out to 2035. tle, but it has been 25 percent of the Reality is setting in because now 5 b 1410 world’s oil, two-thirds or more of which years later, 5 years beyond this, they This is what the world would look we import, and we’re not buying oil are not producing 106 million barrels a like if the size of the country were rel- anywhere. day. They say now the production will ative to how much oil it had. We see Why wouldn’t the nation that uses only be 96 million barrels a day. some very interesting things here. the most oil and has, relative to its But to get to that 96 million barrels Wow, Saudi Arabia dominates the use, the least be buying oil somewhere a day, you have to postulate huge planet in oil, doesn’t it?—and it does. else? Well, there is no need to buy the wedges in here from developing fields About 22 percent of all of the known re- oil. It doesn’t matter who owns it, be- that we’ve discovered now but are hard serves of oil in the world are in Saudi cause the person who gets it is the per- to develop, like one in the Gulf of Mex- Arabia. son who comes with the dollars and ico under 7,000 feet of water and 30,000 Look at little Kuwait, a tiny, little buys the oil—and let’s hope it stays feet of rock, and the darker blue here, thing that looked to Saddam Hussein dollars at the global petroleum auc- fields yet to be discovered. like a province that ought to belong to tion. Now, we were at this tipping point in Iraq, and he went down there to take So why isn’t China content to just 1970, and there is nothing we did in our it. You remember that war. Look at take their money—and they’ve got a country that kept this top curve going Iraq and how much oil is there. Then lot of it. Why don’t they just take their up. I have a lot of trouble under- Iran. Iran is pretty big. money and buy the oil? I think that standing why people believe that the In our hemisphere, Venezuela dwarfs they understand that there will be a world will be able to do what we could everything else. They have more oil shortage of oil in the future—and I

VerDate Mar 15 2010 02:49 Feb 10, 2012 Jkt 019060 PO 00000 Frm 00040 Fmt 4634 Sfmt 0634 E:\CR\FM\K09FE7.058 H09FEPT1 rfrederick on DSK6SPTVN1PROD with HOUSE February 9, 2012 CONGRESSIONAL RECORD — HOUSE H683 hope I’m wrong in this prediction—and Bonamici, Jo Bonner, Mary Bono Mack, Lofgren, Billy Long, Nita M. Lowey, Frank that China may one day say that they Madeleine Z. Bordallo, Dan Boren, Leonard D. Lucas, Blaine Luetkemeyer, Ben Ray can’t share that oil. This is going to L. Boswell, Charles W. Boustany, Jr., Kevin Luja´ n, Cynthia M. Lummis, Daniel E. Lun- create some huge geopolitical tensions Brady, Robert A. Brady, Bruce L. Braley, Mo gren, Stephen F. Lynch, Connie Mack, Caro- Brooks, Paul C. Broun, Corrine Brown, Vern in the world. lyn B. Maloney, Donald A. Manzullo, Kenny Buchanan, Larry Bucshon, Ann Marie Marchant, Tom Marino, Edward J. Markey, What does all of this mean? Buerkle, Michael C. Burgess, Dan Burton, G. Jim Matheson, Doris O. Matsui, Kevin This means that we have a huge chal- K. Butterfield, Ken Calvert, Dave Camp, McCarthy, Carolyn McCarthy, Michael T. lenge in our country. This is good news John Campbell, Francisco ‘‘Quico’’ Canseco, McCaul, Tom McClintock, Betty McCollum, to me because I think that we can, Eric Cantor, Shelley Moore Capito, Lois Thaddeus G. McCotter, Jim McDermott, once again, become an exporting coun- Capps, Michael E. Capuano, Dennis A. Car- James P. McGovern, Patrick T. McHenry, doza, Russ Carnahan, John C. Carney, Jr., try and that we can create millions of Mike McIntyre, Howard P. ‘‘Buck’’ McKeon, Andre´ Carson, John R. Carter, Bill Cassidy, David B. McKinley, Cathy McMorris Rod- jobs with the green technology that Kathy Castor, Steve Chabot, Jason Chaffetz, gers, Jerry McNerney, Patrick Meehan, produces the alternatives that inevi- Ben Chandler, Donna M. Christensen, Judy Gregory W. Meeks, John L. Mica, Michael H. tably will occur. One day, we will Chu, David N. Cicilline, Hansen Clarke, Michaud, Brad Miller, Candice S. Miller, produce as much energy as we use in Yvette D. Clarke, Wm. Lacy Clay, Emanuel Gary G. Miller, George Miller, Jeff Miller, this country. Geology will assure that Cleaver, James E. Clyburn, Howard Coble, Mike Coffman, Steve Cohen, Tom Cole, K. Gwen Moore, James P. Moran, Mick that happens. Mulvaney, Christopher S. Murphy, Tim Mur- I hope that we get there through a Michael Conaway, Gerald E. ‘‘Gerry’’ Con- nolly, John Conyers, Jr., Jim Cooper, Jim phy, Sue Wilkins Myrick, Jerrold Nadler, really winning economy when we rec- Costa, Jerry F. Costello, Joe Courtney, Chip Grace F. Napolitano, Richard E. Neal, Randy ognize that we have to rise to this Cravaack, Eric A. ‘‘Rick’’ Crawford, Ander Neugebauer, Kristi L. Noem, Eleanor Holmes challenge. I think America with its Crenshaw, Mark S. Critz, Joseph Crowley, Norton, Richard Nugent, Devin Nunes, Alan creativity and innovation can create Henry Cuellar, John Abney Culberson, Elijah Nunnelee, Pete Olson, John W. Olver, Wil- the technologies and the products it E. Cummings, Danny K. Davis, Geoff Davis, liam L. Owens, Steven M. Palazzo, Frank will sell worldwide to help us in this Susan A. Davis, Peter A. DeFazio, Diana Pallone, Jr., Bill Pascrell, Jr., Ed Pastor, huge challenge that we face with a lim- DeGette, Rosa L. DeLauro, Jeff Denham, Ron Paul, Erik Paulsen, Donald M. Payne, Charles W. Dent, Scott DesJarlais, Theodore Stevan Pearce, Nancy Pelosi, Mike Pence, ited supply of oil and the ever-increas- E. Deutch, Mario Diaz-Balart, Norman D. Ed Perlmutter, Gary C. Peters, Collin C. ing growth in the need for oil. Dicks, John D. Dingell, Lloyd Doggett, Rob- Peterson, Thomas E. Petri, Pedro R. Madam Speaker, I yield back the bal- ert J. Dold, Joe Donnelly, Michael F. Doyle, Pierluisi, Chellie Pingree, Joseph R. Pitts, ance of my time. David Dreier, Sean P. Duffy, Jeff Duncan, Todd Russell Platts, Ted Poe, Jared Polis, John J. Duncan, Jr., Donna F. Edwards, f Mike Pompeo, Bill Posey, David E. Price, Keith Ellison, Renee L. Ellmers, Jo Ann Tom Price, Benjamin Quayle, Mike Quigley, LEAVE OF ABSENCE Emerson, Eliot L. Engel, Anna G. Eshoo, Eni Nick J. Rahall II, Charles B. Rangel, Tom F.H. Faleomavaega, Blake Farenthold, Sam Reed, Denny Rehberg, David G. Reichert, By unanimous consent, leave of ab- Farr, Chaka Fattah, Bob Filner, Stephen Lee James B. Renacci, Silvestre Reyes, Reid J. sence was granted to: Fincher, Michael G. Fitzpatrick, Jeff Flake, Ribble, Laura Richardson, Cedric L. Rich- Ms. EDWARDS (at the request of Ms. Charles J. ‘‘Chuck’’ Fleischmann, John mond, E. Scott Rigell, David Rivera, Martha PELOSI) for today. Fleming, Bill Flores, J. Randy Forbes, Jeff Roby, David P. Roe, Harold Rogers, Mike Fortenberry, Virginia Foxx, Barney Frank, Mr. MICHAUD (at the request of Ms. Rogers, Mike Rogers, Dana Rohrabacher, Trent Franks, Rodney P. Frelinghuysen, PELOSI) for today on account of a fu- Todd Rokita, Thomas J. Rooney, Ileana Ros- Marcia L. Fudge, Elton Gallegly, John Lehtinen, Peter J. Roskam, Dennis Ross, neral of a family member. Garamendi, Cory Gardner, Scott Garrett, Mike Ross, Steven R. Rothman, Lucille Roy- Mr. BURTON of Indiana (at the re- Jim Gerlach, Bob Gibbs, Christopher P. Gib- bal-Allard, Edward R. Royce, Jon Runyan, C. quest of Mr. CANTOR) for today on ac- son, Gabrielle Giffords*, Phil Gingrey, Louie A. Dutch Ruppersberger, Bobby L. Rush, count of medical reasons. Gohmert, Charles A. Gonzalez, Bob Good- latte, Paul A. Gosar, Trey Gowdy, Kay Paul Ryan, Tim Ryan, Gregorio Kilili ´ f Granger, Sam Graves, Tom Graves, Al Green, Camacho Sablan, Linda T. Sanchez, Loretta Sanchez, John P. Sarbanes, Steve Scalise, ADJOURNMENT Gene Green, Tim Griffin, H. Morgan Griffith, Rau´ l M. Grijalva, Michael G. Grimm, Frank Janice D. Schakowsky, Adam B. Schiff, Rob- Mr. BARTLETT. Madam Speaker, I C. Guinta, Brett Guthrie, Luis V. Gutierrez, ert T. Schilling, Jean Schmidt, Aaron move that the House do now adjourn. Janice Hahn, Ralph M. Hall, Colleen W. Schock, Kurt Schrader, Allyson Y. Schwartz, The motion was agreed to; accord- Hanabusa, Richard L. Hanna, Jane Harman*, David Schweikert, Austin Scott, David Gregg Harper, Andy Harris, Vicky Hartzler, Scott, Robert C. ‘‘Bobby’’ Scott, Tim Scott, ingly (at 2 o’clock and 14 minutes F. James Sensenbrenner, Jr., Jose´ E. p.m.), under its previous order, the Alcee L. Hastings, Doc Hastings, Nan A. S. Hayworth, Joseph J. Heck, Martin Heinrich, Serrano, Pete Sessions, Terri A. Sewell, Brad House adjourned until Monday, Feb- Dean Heller*, Jeb Hensarling, Wally Herger, Sherman, John Shimkus, Heath Shuler, Bill ruary 13, 2012, at 1 p.m. Jaime Herrera Beutler, Brian Higgins, James Shuster, Michael K. Simpson, Albio Sires, f A. Himes, Maurice D. Hinchey, Rube´n Hino- Louise McIntosh Slaughter, Adam Smith, josa, Mazie K. Hirono, Kathleen C. Hochul, Adrian Smith, Christopher H. Smith, Lamar OATH FOR ACCESS TO CLASSIFIED Tim Holden, Rush D. Holt, Michael M. Smith, Steve Southerland, Jackie Speier, INFORMATION Honda, Steny H. Hoyer, Tim Huelskamp, Bill Cliff Stearns, Steve Stivers, Marlin A. Stutzman, John Sullivan, Betty Sutton, Lee Under clause 13 of rule XXIII, the fol- Huizenga, Randy Hultgren, Duncan Hunter, Robert Hurt, Jay Inslee, Steve Israel, Darrell Terry, Bennie G. Thompson, Glenn Thomp- lowing Members executed the oath for E. Issa, Jesse L. Jackson, Jr., Sheila Jackson son, Mike Thompson, Mac Thornberry, Pat- access to classified information: Lee, Lynn Jenkins, Bill Johnson, Eddie Ber- rick J. Tiberi, John F. Tierney, Scott Tip- Gary L. Ackerman, Sandy Adams, Robert nice Johnson, Henry C. ‘‘Hank’’ Johnson, Jr., ton, Paul Tonko, Edolphus Towns, Niki B. Aderholt, W. Todd Akin, Rodney Alex- Sam Johnson, Timothy V. Johnson, Walter Tsongas, Michael R. Turner, Robert L. Tur- ander, Jason Altmire, Justin Amash, Mark B. Jones, Jim Jordan, Marcy Kaptur, Wil- ner, Fred Upton, Chris Van Hollen, Nydia M. E. Amodei, Robert E. Andrews, Steve Aus- liam R. Keating, Mike Kelly, Dale E. Kildee, Vela´ zquez, Peter J. Visclosky, Tim Walberg, tria, Joe Baca, Michele Bachmann, Spencer Ron Kind, Peter T. King, Steve King, Jack Greg Walden, Joe Walsh, Timothy J. Walz, Bachus, Tammy Baldwin, Lou Barletta, John Kingston, Adam Kinzinger, Larry Kissell, Debbie Wasserman Schultz, Maxine Waters, Barrow, Roscoe G. Bartlett, Joe Barton, John Kline, Rau´ l R. Labrador, Doug Lam- Melvin L. Watt, Henry A. Waxman, Daniel Charles F. Bass, Karen Bass, Xavier Becerra, born, Leonard Lance, Jeffrey M. Landry, Webster, Anthony D. Weiner*, Peter Welch, Dan Benishek, Rick Berg, Shelley Berkley, James R. Langevin, James Lankford, Rick Allen B. West, Lynn A. Westmoreland, Ed Howard L. Berman, Judy Biggert, Brian P. Larsen, John B. Larson, Tom Latham, Ste- Whitfield, Frederica Wilson, Joe Wilson, Bilbray, Gus M. Bilirakis, Rob Bishop, San- ven C. LaTourette, Robert E. Latta, Barbara Robert J. Wittman, Frank R. Wolf, Steve ford D. Bishop, Jr., Timothy H. Bishop, Lee, Christopher J. Lee*, Sander M. Levin, Womack, Rob Woodall, Lynn C. Woolsey, Diane Black, Marsha Blackburn, Earl Blu- Jerry Lewis, John Lewis, Daniel Lipinski, David Wu*, John A. Yarmuth, Kevin Yoder, menauer, John A. Boehner, Suzanne Frank A. LoBiondo, David Loebsack, Zoe C.W. Bill Young, Don Young, Todd C. Young.

VerDate Mar 15 2010 04:58 Feb 10, 2012 Jkt 019060 PO 00000 Frm 00041 Fmt 4634 Sfmt 0634 E:\CR\FM\K09FE7.059 H09FEPT1 rfrederick on DSK6SPTVN1PROD with HOUSE H684 CONGRESSIONAL RECORD — HOUSE February 9, 2012 EXPENDITURE REPORTS CONCERNING OFFICIAL FOREIGN TRAVEL Reports concerning the foreign currencies and U.S. dollars utilized for Official Foreign Travel during the fourth quar- ter of 2011 pursuant to Public Law 95–384 are as follows: REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON APPROPRIATIONS, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN OCT. 1 AND DEC. 31, 2011

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2 Hon. Betty McCollum ...... 10/19 10/25 Tunisia ...... 2,799.71 ...... 2,799.71 Misc. Transportation Costs ...... 4 200.00 ...... 200.00 Commercial airfare ...... 3,055.00 ...... 3,055.00 Susan Avcin ...... 10/22 10 /26 Republic of Singapore ...... 1,960.00 ...... 1,960.00 Commercial airfare ...... 12,041.90 ...... 12,041.90 Lisa Molyneux ...... 10/22 10/26 Republic of Singapore ...... 1,960.00 ...... 1,960.00 10/26 10/29 People’s Republic of China ...... 930.00 ...... 930.00 Commercial airfare ...... 14,712.70 ...... 14,712.70 Hon. Jack Kingston ...... 10 /21 10/22 Qatar ...... 225.76 ...... 225.76 Misc. Transportation Costs ...... 83.77 ...... 83.77 Commercial airfare 5 ...... Hon. Rodney Frelinghuysen ...... 11 /5 11 /7 Oman ...... 731.82 ...... 731.82 11/7 11/9 Afghanistan ...... 28.00 ...... 28.00 11/9 11/10 Egypt ...... 302.00 ...... 302.00 11/10 11/12 Great Britain ...... 1,053.60 ...... 1,053.60 Return of Unused Per Diem ...... (¥150.00) ...... (¥150.00) Misc. Delegation Costs ...... (3) ...... 540.94 ...... 540.94 Hon. Kent Calvert ...... 11/5 11/7 Oman ...... 731.82 ...... 731.82 11/7 11/9 Afghanistan ...... 28.00 ...... 28.00 11/9 11/10 Egypt ...... 302.00 ...... 302.00 11/10 11/12 Great Britain ...... 1,053.60 ...... 1,053.60 Return of Unused Per Diem ...... (¥100.00) ...... (¥100.00) Misc. Delegation Costs ...... (3) ...... 540.94 ...... 540.94 Hon. Jo Bonner ...... 11/5 11/7 Oman ...... 731.82 ...... 731.82 11/7 11/9 Afghanistan ...... 28.00 ...... 28.00 11/9 11/10 Egypt ...... 302.00 ...... 302.00 11/10 11/12 Great Britain ...... 1,053.60 ...... 1,053.60 Misc. Delegation Costs ...... (3) ...... 540.94 ...... 540.94 Hon. Adam Schiff ...... 11 /6 11 /7 Oman ...... 226.91 ...... 226.91 11/7 11/9 Afghanistan ...... 28.00 ...... 28.00 11/9 11/10 Egypt ...... 302.00 ...... 302.00 11/10 11/12 Great Britain ...... 1,053.60 ...... 1,053.60 Misc. Delegation Costs ...... (3) ...... 540.94 ...... 540.94 Commercial airfare ...... 8,810.00 ...... 8,810.00 Tom McLemore ...... 11/5 11/7 Oman ...... 731.82 ...... 731.82 11/7 11/9 Afghanistan ...... 28.00 ...... 28.00 11/9 11/10 Egypt ...... 302.00 ...... 302.00 11/10 11/12 Great Britain ...... 1,053.60 ...... 1,053.60 Return of Unused Per Diem ...... (¥48.00) ...... (¥48.00) Misc. Delegation Costs ...... (3) ...... 540.94 ...... 540.94 Paul Juola ...... 11 /5 11 /7 Oman ...... 731.82 ...... 731.82 11/7 11/9 Afghanistan ...... 28.00 ...... 28.00 11/9 11/10 Egypt ...... 302.00 ...... 302.00 11/10 11/12 Great Britain ...... 1,053.60 ...... 1,053.60 Misc. Delegation Costs ...... (3) ...... 540.94 ...... 540.94 Adrienne Ramsay ...... 11 /5 11 /7 Oman ...... 731.82 ...... 731.82 11/7 11/9 Afghanistan ...... 28.00 ...... 28.00 11/9 11/10 Egypt ...... 302.00 ...... 302.00 11/10 11/12 Great Britain ...... 1,053.60 ...... 1,053.60 Return of Unused Per Diem ...... (¥60.75) ...... (¥60.75) Misc. Delegation Costs ...... (3) ...... 540.94 ...... 540.94 Elizabeth H. Bina ...... 11 /19 11/20 Thailand ...... 218.00 ...... 218.00 11/20 11/26 Indonesia ...... 138.00 ...... 138.00 Misc. Staff Delegation Expsnses ...... 181.60 ...... 181.60 Return of Unused Per Diem ...... (¥270.00) ...... (¥270.00) Commercial airfare ...... 16,470.20 ...... 16,470.20 Hon. Barbara Lee ...... 12/10 12 /12 Switzerland ...... 1,217.65 ...... 1,217.65 Commercial airfare ...... 1,890.20 ...... 1,890.20 Committee total ...... 23,123.40 ...... 57,263.77 ...... 3,968.18 ...... 84,355.35 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. 3 Military air transportation. 4 Out of pocket not reimbursed. 5 None—layover privately-sponsored travel. HON. HAROLD ROGERS, Chairman, Jan. 30, 2012. REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON ARMED SERVICES, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN OCT. 1 AND DEC. 31, 2011

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2 VISIT TO GERMANY, UNITED KINGDOM, PORTUGAL, AZORES, SPAIN, September 26–October 4, 2011: Cathy Garman ...... 9/26 9/30 Italy ...... 1,202.48 ...... 1,202.48 9/30 10/1 Spain ...... 183.00 ...... 183.00 10/1 10/2 Portugal ...... 269.28 ...... 269.28 10/2 10/3 Azores ...... 84.00 ...... 84.00 10/3 10/4 Portugal ...... 165.25 ...... 165.25 Commercial Transportation ...... 4,562.60 ...... 4,562.60 Vickie Plunkett ...... 9/26 9/30 Italy ...... 1,052.48 ...... 1,052.48 9/30 10/1 Spain ...... 153.00 ...... 153.00 10/1 10/2 Portugal ...... 261.28 ...... 261.28 10/2 10/3 Azores ...... 84.00 ...... 84.00 10/3 10/4 Portugal ...... 157.25 ...... 157.25 Commercial Transportation ...... 4,562.60 ...... 4,562.60 Jamie Lynch ...... 9/26 9/27 Germany ...... 275.00 ...... 275.00 9/27 9/30 United Kingdom ...... 873.35 ...... 873.35 9/30 10/1 Spain ...... 169.00 ...... 169.00 10/1 10/2 Portugal ...... 254.28 ...... 254.28 10/2 10/3 Azores ...... 74.00 ...... 74.00 10/3 10/4 Portugal ...... 153.25 ...... 153.25 Commercial Transportation ...... 4,562.60 ...... 4,562.60 10 Ryan Crumpler ...... 9/26 9/30 Italy ...... 1,202.48 ...... 1,202.48 9/30 10/1 Spain ...... 183.00 ...... 183.00 10/1 10/2 Portugal ...... 269.28 ...... 269.28 10/2 10/3 Azores ...... 84.00 ...... 84.00

VerDate Mar 15 2010 04:58 Feb 10, 2012 Jkt 019060 PO 00000 Frm 00042 Fmt 4634 Sfmt 8634 E:\CR\FM\A09FE7.001 H09FEPT1 rfrederick on DSK6SPTVN1PROD with HOUSE February 9, 2012 CONGRESSIONAL RECORD — HOUSE H685 REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON ARMED SERVICES, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN OCT. 1 AND DEC. 31, 2011—Continued

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

10/3 10/4 Portugal ...... 165.25 ...... 165.25 Commercial Transportation ...... 9,800.90 ...... 9,800.90 Debra Wada ...... 9/26 9/27 Germany ...... 289.00 ...... 289.00 9/27 9/30 United Kingdom ...... 1,651.05 ...... 1,651.05 9/30 10/1 Spain ...... 183.00 ...... 183.00 10/1 10/2 Portugal ...... 269.28 ...... 269.28 10/2 10/3 Azores ...... 84.00 ...... 84.00 10/3 10/4 Portugal ...... 165.25 ...... 165.25 Commercial Transportation ...... 5,279.50 ...... 5,279.50 Visit to Afghanistan, Kyrgyzstan, United Arab Emirates, October 14–19, 2011: Hon. K. Michael Conaway ...... 10/15 10 /15 United Arab Emirates ...... 10/16 10/18 Afghanistan ...... 5.00 ...... 5.00 10/18 10/19 Kyrgyzstan ...... Commercial Transportation ...... 3,936.30 ...... 3,936.30 Hon. Joe Courtney ...... 10/15 10/15 United Arab Emirates ...... 10/16 10/18 Afghanistan ...... 28.00 ...... 28.00 10/18 10/19 ...... Kyrgyzstan ...... 182.00 ...... 182.00 Commercial Transportation ...... 3,936.30 ...... 3,936.30 Ryan Crumpler ...... 10/15 10 /15 United Arab Emirates ...... 10/16 10/18 Afghanistan ...... 28.00 ...... 28.00 10/18 10/19 Kyrgyzstan ...... 182.00 ...... 182.00 Commercial Transportation ...... 3,936.30 ...... 3,936.30 Douglas Bush ...... 10/15 10/15 United Arab Emirates ...... 10/16 ...... Afghanistan ...... 28.00 ...... 28.00 10/18 10/19 Kyrgyzstan ...... 182.00 ...... 182.00 Commercial Transportation ...... 3,941.30 ...... 3,941.30 John Noonan ...... 10/15 10/15 United Arab Emirates ...... 10/16 10/18 Afghanistan ...... 28.00 ...... 28.00 10/18 10/19 Kyrgyzstan ...... 182.00 ...... 182.00 Commercial Transportation ...... 3,941.30 ...... 3,941.30 Visit to Kuwait, Iraq, November 5–11, 2011: Catherine McElroy ...... 11 /6 11 /7 Kuwait ...... 11/7 11/8 Iraq ...... 11/8 11/10 Kuwait ...... 1,168.41 ...... 1,168.41 Commercial Transportation ...... 8,840.10 ...... 8,840.10 Paul Lewis ...... 11/6 11/7 Kuwait ...... 11/7 11/8 Iraq ...... 11/8 11/10 Kuwait ...... 1,298.41 ...... 1,298.41 Commercial Transportation ...... 8,840.10 ...... 8,840.10 Lynn Williams ...... 11/6 11/7 Kuwait ...... 11/7 11/8 Iraq ...... 11/8 11/10 Kuwait ...... 1,168.41 ...... 1,168.41 Commercial Transportation ...... 8,840.10 ...... 8,840.10 Michael Casey ...... 11/6 11/7 Kuwait ...... 11/7 11/8 Iraq ...... 11/8 11/10 Kuwait ...... 1,298.41 ...... 1,298.41 Commercial Transportation ...... 8,840.10 ...... 8,840.10 Visit to Qatar, Bahrain, United Arab Emirates, Djibouti, November 6–13, 2012: David Sienicki ...... 11 /7 11 /9 Qatar ...... 114.00 ...... 114.00 11/9 11/10 Bahrain ...... 124.00 ...... 124.00 11/10 11/11 United Arab Emirates ...... 186.00 ...... 186.00 11/11 11/12 Djibouti ...... 107.00 ...... 107.00 Commercial Transportation ...... 6,576.42 ...... 6,576.42 Jamie Lynch ...... 11/7 11/9 Qatar ...... 97.00 ...... 97.00 11/9 11/10 Bahrain ...... 102.00 ...... 102.00 11/10 11/11 United Arab Emirates ...... 158.00 ...... 158.00 11/11 11/12 Djibouti ...... 89.00 ...... 89.00 Commercial Transportation ...... 6,327.92 ...... 6,327.92 Debra Wada ...... 11/7 11/9 Qatar ...... 114.00 ...... 114.00 11/9 11/10 Bahrain ...... 124.00 ...... 124.00 11/10 11/11 United Arab Emirates ...... 186.00 ...... 186.00 11/11 11/12 Djibouti ...... 107.00 ...... 107.00 Commercial Transportation ...... 6,576.42 ...... 6,576.42 Brian Garrett ...... 11/7 11/9 Qatar ...... 43.37 ...... 43.37 11/9 11/10 Bahrain ...... 25.81 ...... 25.81 11/10 11/11 United Arab Emirates ...... 9.80 ...... 9.80 11/11 11/12 Djibouti ...... 50.00 ...... 50.00 Commercial Transportation ...... 6,749.42 ...... 6,749.42 Visit to China, Vietnam, November 17–23, 2012: Craig Greene ...... 11 /18 11 /20 China ...... 126.67 ...... 126.67 11/20 11/22 Vietnam ...... 406.00 ...... 406.00 Commercial Transportation ...... 15,179.90 ...... 15,179.90 Debra Wada ...... 11/18 11/20 China ...... 126.67 ...... 126.67 11/20 11/22 Vietnam ...... 406.00 ...... 406.00 Commercial Transportation ...... 15,179.90 ...... 15,179.90 Nancy Warner ...... 11 /18 11/20 China ...... 126.67 ...... 126.67 11/20 11/22 Vietnam ...... 406.00 ...... 406.00 Commercial Transportation ...... 15,179.90 ...... 15,179.90 Delegation Expenses ...... 11/20 11/22 Vietnam ...... 120.14 ...... 120.14 Visit to Afghanistan, Bahrain, United Arab Emir- ates, November 18–23, 2011: Hon. Rob Wittman ...... 11 /19 11/20 United Arab Emirates ...... 141.00 ...... 141.00 11/20 11/21 Afghanistan ...... 28.00 ...... 28.00 11/22 11/23 Bahrain ...... 124.00 ...... 124.00 Commercial Transportation ...... 2,323.40 ...... 2,323.40 Hon. Mike Coffman ...... 11/19 11/20 United Arab Emirates ...... 11/20 11/21 Afghanistan ...... 11/22 11/23 Bahrain ...... 12.10 ...... 12.10 Commercial Transportation ...... 2,323.40 ...... 2,323.40 Hon. Larry Kissell ...... 11/19 11 /20 United Arab Emirates ...... 11/20 11/21 Afghanistan ...... 11/22 11/23 Bahrain ...... 12.10 ...... 12.10 Commercial Transportation ...... 2,323.40 ...... 2,323.40 Michele Pearce ...... 11/19 11/20 United Arab Emirates ...... 141.00 ...... 141.00 11/20 11/21 Afghanistan ...... 28.00 ...... 28.00 11/22 11/23 Bahrain ...... 100.00 ...... 100.00 Commercial Transportation ...... 2,323.40 ...... 2,323.40 Mark Lewis ...... 11 /19 11 /20 United Arab Emirates ...... 141.00 ...... 141.00 11/20 11/21 Afghanistan ...... 28.00 ...... 28.00 11/22 11/23 Bahrain ...... 124.00 ...... 124.00 Commercial Transportation ...... 2,323.40 ...... 2,323.40 Michael Amato ...... 11/19 11 /20 United Arab Emirates ...... 141.00 ...... 141.00 11/20 11/21 Afghanistan ...... 28.00 ...... 28.00

VerDate Mar 15 2010 04:58 Feb 10, 2012 Jkt 019060 PO 00000 Frm 00043 Fmt 4634 Sfmt 8634 E:\CR\FM\A09FE7.001 H09FEPT1 rfrederick on DSK6SPTVN1PROD with HOUSE H686 CONGRESSIONAL RECORD — HOUSE February 9, 2012 REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON ARMED SERVICES, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN OCT. 1 AND DEC. 31, 2011—Continued

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

11/22 11/23 Bahrain ...... 124.00 ...... 124.00 Commercial Transportation ...... 2,323.40 ...... 2,323.40 Visit to United Kingdom, November 19–23, 2011: Hon. Michael Turner ...... 11 /19 11 /23 United Kingdom ...... 1,276.00 ...... 1,276.00 Committee total ...... 21,406.22 ...... 169,530.38 ...... 120.14 ...... 191,056.74 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. HON. HOWARD P. ‘‘BUCK’’ McKEON, Chairman, Jan. 31, 2012.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON BUDGET, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN OCT. 1 AND DEC. 31, 2011

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Hon. Paul Ryan ...... 12/09 12/09 United Arab Emirates ...... 12/10 12/11 Afghanistan ...... 28.00 ...... 28.00 12/12 12/12 United Arab Emirates ...... 12,828.40 ...... 12,828.40 Hon. John Carney ...... 12 /09 12 /09 United Arab Emirates ...... 12/10 12/11 Afghanistan ...... 28.00 ...... 28.00 12/12 12/12 United Arab Emirates ...... 12,828.40 ...... 12,828.40 Hon. Jason Chaffetz ...... 12/09 12/09 United Arab Emirates ...... 12/10 12/11 Afghanistan ...... 28.00 ...... 28.00 12/12 12/12 United Arab Emirates ...... 12,828.40 ...... 12,828.40 Hon. Frank Guinta ...... 12/09 12 /09 United Arab Emirates ...... 12/10 12/11 Afghanistan ...... 28.00 ...... 28.00 12/12 12/12 United Arab Emirates ...... 12,828.40 ...... 12,828.40 Hon. James Lankford ...... 12/09 12/09 United Arab Emirates ...... 12/10 12/11 Afghanistan ...... 28.00 ...... 28.00 12/12 12/12 United Arab Emirates ...... 12,828.40 ...... 12,828.40 Hon. Marlin Stuzman ...... 12/09 12/09 United Arab Emirates ...... 12/10 12/11 Afghanistan ...... 28.00 ...... 28.00 12/12 12/12 United Arab Emirates ...... 12,828.40 ...... 12,828.40 Jonathan Burks ...... 12/09 12/09 United Arab Emirates ...... 12/10 12/11 Afghanistan ...... 28.00 ...... 28.00 12/12 12/12 United Arab Emirates ...... 13,657.40 ...... 13,657.40 Committee total ...... 196.00 ...... 90,627.80 ...... 90,823.80 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. PAUL RYAN, Chairman, Jan. 27, 2012.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON ENERGY AND COMMERCE, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN OCT. 1 AND DEC. 31, 2011

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Felipe Mendoza ...... 10/31 11/07 Mexico ...... 4 1,086.26 ...... 778.18 ...... 1,864.44 Shannon Weinberg ...... 10 /31 11/4 Mexico ...... 5 1,086.26 ...... 776.68 ...... 1,862.94 Brian McCollough ...... 11/1 11/4 Mexico ...... 6 814.70 ...... 776.68 ...... 1,591.38 Hon. Gene Green ...... 11/5 11/6 Turkey ...... 406.00 ...... (3) ...... 11/6 11/6 Afghanistan ...... (3) ...... 406.00 11/7 11/9 Pakistan ...... 758.00 ...... (3) ...... 758.00 11/8 11/10 Dubai, UAE ...... 502.00 ...... (3) ...... 502.00 11/10 11/10 Iraq ...... (3) ...... 11/11 11/11 Germany ...... 7 106.00 ...... (3) ...... 106.00 Mary Neumayr ...... 11 /18 11/27 Indonesia ...... 8 2,358.00 ...... 12,892.30 ...... 15,250.30 Rep. Ed Whitfield ...... 11/20 11/22 Poland ...... 598.60 ...... (3) ...... 598.60 11/22 11/24 Georgia ...... 587.22 ...... (3) ...... 587.22 11/24 11/25 Lithuania ...... 243.30 ...... (3) ...... 243.30 11/25 11/29 Egypt ...... 1,283.23 ...... (3) ...... 1,283.23 Kelley Greenman ...... 12 /5 12 /11 South Africa ...... 9 588.00 ...... 5,245.40 ...... 5,833.40 Committee total ...... 10,417.57 ...... 20,469.24 ...... 30,886.81 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. 3 Military air transportation. 4 Returned $183.99 unused per diem. 5 Returned $100.30 unused per diem. 6 Returned $100.30 unused per diem. 7 Returned $76.00 unused per diem. 8 Returned $528.00 unused per diem. 9 Returned $135.00 unused per diem. HON. FRED UPTON, Chairman, Jan. 1, 2012.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON FINANCIAL SERVICES, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN OCT. 1 AND DEC. 31, 2011

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Hon. Randy Neugebauer ...... 9/27 9/28 Senegal ...... 258.46 ...... (3) ...... 258.46 9/28 9/29 Ethiopia ...... 319 ...... (3) ...... 319.00 9/29 9/30 United Arab Emirates ...... 400.61 ...... (3) ...... 400.61

VerDate Mar 15 2010 04:58 Feb 10, 2012 Jkt 019060 PO 00000 Frm 00044 Fmt 4634 Sfmt 8634 E:\CR\FM\A09FE7.001 H09FEPT1 rfrederick on DSK6SPTVN1PROD with HOUSE February 9, 2012 CONGRESSIONAL RECORD — HOUSE H687 REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON FINANCIAL SERVICES, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN OCT. 1 AND DEC. 31, 2011—Continued

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

9/30 10/2 United Kingdom ...... 718.91 ...... (3) ...... 718.91 Hon. Michael Fitzpatrick ...... 11 /5 11 /6 Turkey ...... 61.00 ...... (3) ...... 61.00 11/6 11/6 Afghanistan ...... 0.00 ...... (3) ...... 11/7 11/9 Pakistan ...... 120.00 ...... (3) ...... 120.00 11/9 11/10 United Arab Emirates ...... 1,415.26 ...... (3) ...... 1,415.26 11/10 11/10 Iraq ...... 0.00 ...... (3) ...... 11/11 11/11 Germany ...... 41.43 ...... (3) ...... 41.43 Hon. Carolyn McCarthy ...... 11 /19 11/23 United Kingdom ...... 1,675.24 ...... 1,250.30 ...... 2,925.54 Hon. John Carney ...... 12 /9 12 /11 Afghanistan ...... 28.00 ...... 12,828.40 ...... 12,856.40

Committee total ...... 5,037.91 ...... 14,078.70 ...... 19,116.61 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. 3 Military air transportation. HON. SPENCER BACHUS, Chairman, Jan. 27,2012.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON FOREIGN AFFAIRS, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN OCT. 1 AND DEC. 31, 2011

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Harold Rees ...... 10 /16 10/18 Philippines ...... 456.53 ...... 456.53 10/18 10/20 Singapore ...... 732.47 ...... 732.47 10/20 10/23 India ...... 1,089.00 ...... 1,089.00 ...... 4 12,818.80 ...... 12,818.80 William Hawkin ...... 10/16 10/18 Philippines ...... 399.00 ...... 399.00 10/18 10/20 Singapore ...... 909.14 ...... 909.14 10/20 10/23 India ...... 1,117.00 ...... 1,117.00 ...... 4 12,847.00 ...... 12,847.00 Sarah Leiby ...... 10 /16 10/18 Philippines ...... 399.00 ...... 399.00 10/18 10/20 Singapore ...... 704.00 ...... 704.00 10/20 10/23 India ...... 1,150.00 ...... 1,150.00 ...... 4 12,818.80 ...... 12,818.80 Janice Kaguyutan ...... 10/16 10/18 Philippines ...... 399.00 ...... 399.00 10/18 10/20 Singapore ...... 704.00 ...... 704.00 10/20 10/23 India ...... 1,130.00 ...... 1,130.00 ...... 4 12,818.80 ...... 12,818.80 Hon. Robert Turner ...... 10 /15 10 /15 UAE ...... 10/16 10/17 Afghanistan ...... 5.00 ...... (3) ...... 5.00 10/17 10/19 Kyrgyzstan ...... 4 3,941.30 ...... 3,941.30 Hon. Dan Burton ...... 10/5 10/6 Croatia ...... 350.67 ...... (3) ...... 5 13,910 ...... 14,260.67 10/6 10/8 Serbia ...... 706.00 ...... (3) ...... 5 10,442.00 ...... 11,148.00 10/8 10/9 Kosovo ...... 183.66 ...... (3) ...... 183.66 10/9 10/10 Bosnia ...... 145.82 ...... (3) ...... 145.82 Hon. Dana Rohrabacher ...... 10/5 10/6 Croatia ...... 350.67 ...... (3) ...... 350.67 10/6 10/8 Serbia ...... 706.00 ...... (3) ...... 706.00 10/8 10/9 Kosovo ...... 183.66 ...... (3) ...... 183.66 10/9 10/10 Bosnia ...... 145.82 ...... (3) ...... 145.82 Hon. Ted Poe ...... 10 /5 10 /6 Croatia ...... 302.36 ...... (3) ...... 302.36 10/6 10/8 Serbia ...... 665.43 ...... (3) ...... 665.43 10/8 10/9 Kosovo ...... 152.89 ...... (3) ...... 152.89 10/9 10/10 Bosnia ...... 166.50 ...... (3) ...... 166.50 Brian Wanko ...... 10/5 10/6 Croatia ...... 350.67 ...... (3) ...... 350.67 10/6 10/8 Serbia ...... 706.00 ...... (3) ...... 706.00 10/8 10/9 Kosovo ...... 163.37 ...... (3) ...... 163.37 10/9 10/10 Bosnia ...... 194.62 ...... (3) ...... 194.62 J. Brandy Howell ...... 10/5 10/6 Croatia ...... 350.67 ...... (3) ...... 350.67 10/6 10/8 Serbia ...... 706.00 ...... (3) ...... 706.00 10/8 10/9 Kosovo ...... 163.37 ...... (3) ...... 163.37 10/9 10/10 Bosnia ...... 194.62 ...... (3) ...... 194.62 Jesper Pederson ...... 10/5 10/6 Croatia ...... 350.67 ...... (3) ...... 350.67 10/6 10/8 Serbia ...... 706.00 ...... (3) ...... 706.00 10/8 10/9 Kosovo ...... 163.37 ...... (3) ...... 163.37 10/9 10/10 Bosnia ...... 194.62 ...... (3) ...... 194.62 Hon. Gus Bilirakis ...... 11/19 11/23 United KIngdom ...... 1,197.79 ...... 1,197.79 ...... 1,521.30 ...... 1,521.30 Hon. Donald Payne ...... 11 /20 11/22 Poland ...... 570.00 ...... (3) ...... 570.00 11/22 11/24 Georgia ...... 594.00 ...... (3) ...... 594.00 11/24 11/25 Lithuania ...... 243.00 ...... (3) ...... 243.00 11/25 11/29 Egypt ...... 1,238.23 ...... (3) ...... 2,238.23 11/29 11/29 Ireland ...... (3) ...... Gregory McCarthy ...... 12/5 12/8 Iraq ...... 12/8 12/9 Kuwait ...... 5 476.74 ...... 476.74 ...... 3,066.60 ...... 3,066.60

Committee total ...... 21,373.62 ...... 59,832.60 ...... 24,828.74 ...... 106,034.96 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. 3 Military air transportation. 4 Round trip airfare. 5 Indicates delegation costs. ILEANA ROS-LEHTINEN, Chairman, Jan. 30, 2012.

VerDate Mar 15 2010 04:58 Feb 10, 2012 Jkt 019060 PO 00000 Frm 00045 Fmt 4634 Sfmt 8634 E:\CR\FM\A09FE7.001 H09FEPT1 rfrederick on DSK6SPTVN1PROD with HOUSE H688 CONGRESSIONAL RECORD — HOUSE February 9, 2012 REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON HOUSE ADMINISTRATION, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN OCT. 1 AND DEC. 31, 2011

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

HOUSE COMMITTEES Please Note: If there were no expenditures during the calendar quarter noted above, please check the box at right to so indicate and return.◊ 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. DANIEL E. LUNGREN, Chairman, Dec. 21, 2011.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON JUDICIARY, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN OCT. 1 AND DEC. 31, 2011

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Hon. James Sensenbrenner ...... 10/16 10/18 Thailand ...... 627.19 ...... 10/18 10/20 Nepal ...... 426.00 ...... 10/20 10/23 Bhutan ...... 828.00 ...... 14,792.89 ...... 16,674.08 Bart Forsyth ...... 10 /16 10 /18 Thailand ...... 627.19 ...... 10/18 10/20 Nepal ...... 426.00 ...... 10/20 10/23 Bhutan ...... 828.00 ...... 14,792.89 ...... 16,674.08 CODEL Expenses ...... 3,205.21 Gifts ...... 299.45 ...... Thailand-State Dept...... 198.29 ...... Bhutan-State Dept ...... 2,707.47 ...... Committee total ...... 36,553.37 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. LAMAR SMITH, Chairman, Jan. 26, 2012.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON NATURAL RESOURCES, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN OCT. 1 AND DEC. 31, 2011

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

HOUSE COMMITTEES Please Note: If there were no expenditures during the calendar quarter noted above, please check the box at right to so indicate and return.◊ 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. DOC HASTINGS, Chairman, Jan. 30, 2012.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON OVERSIGHT AND GOVERNMENT REFORM, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN OCT. 1 AND DEC. 31, 2011

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Hon. Scott DesJarlais ...... 10 /7 10 /8 Turkey ...... 121.47 ...... 121.47 10/8 10/9 Afghanistan ...... 21.51 ...... 21.52 10/9 10/11 Germany ...... 277.24 ...... 277.24 Hon. Peter Welch ...... 11 /5 11 /7 Oman ...... 731.82 ...... 731.82 11/7 11/9 Afghanistan ...... 28.00 ...... 28.00 11/9 11/10 Egypt ...... 302.00 ...... 302.00 11/10 11/12 U.K...... 706.80 ...... 706.80 Hon. Mike Quigley ...... 11/19 11/20 UAE ...... 141.00 ...... 141.00 11/20 11/21 Afghanistan ...... 28.00 ...... 28.00 11/22 11/23 Bahrain ...... 124.00 ...... 124.00 Comm. transportation ...... 5963.00 ...... 5963.40 Committee total ...... 2481.85 ...... 5963.40 ...... 8445.25 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. DARRELL E. ISSA, Chairman, Jan. 31, 2012.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON SCIENCE, SPACE, AND TECHNOLOGY, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN OCT. 1 AND DEC. 31, 2011

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Hon. Eddie Bernice Johnson ...... 11 /19 11 /22 Belgium ...... 322.65 ...... 10,828.90 ...... 11,151.55 Bess Caughran ...... 11/19 11/22 Belgium ...... 322.65 ...... 12,227.20 ...... 12,549.85 Harlan Watson ...... 11 /30 12 /12 South Africa ...... 452.94 ...... 9,033.90 ...... 9,486.84 Jetta Wong ...... 12/2 12/11 South Africa ...... 672.00 ...... 13,990.90 ...... 14,662.90 Committee totals ...... 1,770.24 ...... 46,080.90 ...... 47.851.14 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. RALPH M. HALL, Chairman, Jan. 31, 2012.

VerDate Mar 15 2010 04:58 Feb 10, 2012 Jkt 019060 PO 00000 Frm 00046 Fmt 4634 Sfmt 8634 E:\CR\FM\A09FE7.001 H09FEPT1 rfrederick on DSK6SPTVN1PROD with HOUSE February 9, 2012 CONGRESSIONAL RECORD — HOUSE H689 REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON SMALL BUSINESS, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN OCT. 1 AND DEC. 31, 2011

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

HOUSE COMMITTEES Please Note: If there were no expenditures during the calendar quarter noted above, please check the box at right to so indicate and return.◊ 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. SAM GRAVES, Chairman, Feb. 1, 2012.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON VETERANS’ AFFAIRS, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN OCT. 1 AND DEC. 31, 2011

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Dolores Dunn ...... 10/4 10/5 Turkey ...... 15.00 ...... 15.00 Cathy Wiblemo ...... 10/4 10/5 Turkey ...... 15.00 ...... 15.00 Hon. Phil Roe ...... 10 /4 10 /5 Turkey ...... 15.00 ...... 15.00 Hon. Tim Walz ...... 10/4 10/5 Turkey ...... 15.00 ...... 15.00 Hon. Jeff Denham ...... 10/4 10/5 Turkey ...... 15.00 ...... 15.00 Hon. Dan Benishek ...... 10 /4 10 /5 Turkey ...... 15.00 ...... 15.00 Dolores Dunn ...... 10/8 10/9 Afghanistan ...... 28.00 ...... 28.00 Cathy Wiblemo ...... 10/8 10/9 Afghanistan ...... 28.00 ...... 28.00 Hon. Phil Roe ...... 10 /8 10 /9 Afghanistan ...... 28.00 ...... 28.00 Hon. Tim Walz ...... 10/8 10/9 Afghanistan ...... 28.00 ...... 28.00 Hon. Jeff Denham ...... 10/8 10/9 Afghanistan ...... 28.00 ...... 28.00 Hon. Dan Benishek ...... 10 /8 10 /9 Afghanistan ...... 28.00 ...... 28.00 Dolores Dunn ...... 10/9 10/11 Germany ...... 264.00 ...... 264.00 Cathy Wiblemo ...... 10/9 10/11 Germany ...... 264.00 ...... 264.00 Hon. Phil Roe ...... 10 /9 10 /11 Germany ...... 264.00 ...... 264.00 Hon. Tim Walz ...... 10/9 10/11 Germany ...... 264.00 ...... 264.00 Hon. Jeff Denham ...... 10/9 10/11 Germany ...... 264.00 ...... 264.00 Hon. Dan Benishek ...... 10 /9 10 /11 Germany ...... 264.00 ...... 264.00 Committee total ...... 1,842.00 ...... 1,842.00 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. JEFF MILLER, Chairman, Jan. 19, 2012.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON WAYS AND MEANS, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN OCT. 1 AND DEC. 31, 2011

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Ellard, Angela ...... 12/14 12 /18 Switzerland ...... 1285.00 ...... 1951.00 ...... 2571.07 3 ...... 5807.07 Antell, Geoffery ...... 12/14 12/18 Switzerland ...... 1331.12 ...... 1951.00 ...... 3282.12 Kibria, Behnaz ...... 12 /14 12 /18 Switzerland ...... 1375.00 ...... 1932.00 ...... 3307.00 Kearns, Jason ...... 12 /14 12/18 Switzerland ...... 1538.32 ...... 1932.00 ...... 3470.32 Committee total ...... 5529.44 ...... 7766.00 ...... 2571.07 ...... 15,866.51 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. 3 For Local Transportation Vehicle. DAVE CAMP, Chairman, Jan. 31, 2012.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, PERMANENT SELECT COMMITTEE ON INTELLIGENCE, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN OCT. 1 AND DEC. 31, 2011

Date Per diem 1 Transportation Other purposes Total

U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Hon. Frank LoBiondo ...... 10 /18 10 /20 Africa ...... 576.00 ...... 10/20 10/21 Africa ...... 707.50 ...... Commercial Aircraft ...... 14,882.42 ...... 16,165.92 Hon. Devin Nunes ...... 10 /14 10 /15 Europe ...... 234.74 ...... 10/16 10/18 Europe ...... 193.91 ...... Commercial Aircraft ...... 8,307.30 ...... 8,735.95 George Pappas ...... 10/14 10/15 Europe ...... 234.74 ...... 10/16 10/18 Europe ...... 193.91 ...... 10/18 10/20 Africa ...... 876.00 ...... 10/20 10/21 Africa ...... 707.50 ...... Commercial Aircraft ...... 16,001.61 ...... 18,013.77 Brooke Eisele ...... 10/18 10/21 Africa ...... 954.00 ...... 10/21 10/23 Africa ...... 322.00 ...... Commercial Aircraft ...... 7,624.02 ...... 8,900.02 Darren Dick ...... 10/16 10 /18 S. America ...... 300.00 ...... 10/18 10/20 S. America ...... 764.00 ...... 10/20 10/21 S. America ...... 234.00 ...... Commercial Aircraft ...... 2,824.34 ...... 4,122.34 Chelsey Campbell ...... 10/16 10/18 S. America ...... 300.00 ...... 10/18 10/20 S. America ...... 764.00 ...... 10/20 10/21 S. America ...... 234.00 ...... Commercial Aircraft ...... 2,824.34 ...... 4,122.34 Katie Wheelbarger ...... 10/16 10/18 S. America ...... 300.00 ...... 10/18 10/20 S. America ...... 764.00 ...... 10/20 10/21 S. America ...... 234.00 ...... Commercial Aircraft ...... 2,824.34 ...... 4,122.34 Hon. Mac Thornberry ...... 11 /5 11 /6 Asia ...... 515.00 ......

VerDate Mar 15 2010 04:58 Feb 10, 2012 Jkt 019060 PO 00000 Frm 00047 Fmt 4634 Sfmt 8634 E:\CR\FM\A09FE7.001 H09FEPT1 rfrederick on DSK6SPTVN1PROD with HOUSE H690 CONGRESSIONAL RECORD — HOUSE February 9, 2012 REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, PERMANENT SELECT COMMITTEE ON INTELLIGENCE, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN OCT. 1 AND DEC. 31, 2011—Continued

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

11/6 11/8 Asia ...... 827.72 ...... 11/8 11/10 Asia ...... 829.72 ...... 11/10 11/11 Asia ...... 271.72 ...... 11/11 11/12 Asia ...... 413.86 ...... Commercial Air ...... 11,250.88 ...... 14,108.90 Hon. Devin Nunes ...... 11 /5 11 /6 Asia ...... 515.00 ...... 11/6 11/8 Asia ...... 827.71 ...... 11/8 11/10 Asia ...... 829.71 ...... 11/10 11/11 Asia ...... 271.71 ...... 11/11 11/12 Asia ...... 413.86 ...... Commercial Aircraft ...... 11,250.88 ...... 14,108.87 George Pappas ...... 11/5 11/6 Asia ...... 515.00 ...... 11/6 11/8 Asia ...... 827.71 ...... 11/8 11/10 Asia ...... 829.71 ...... 11/10 11/11 Asia ...... 271.71 ...... 11/11 11/12 Asia ...... 413.86 ...... Commercial Air ...... 12,183.28 ...... 15,041.27 Linda Cohen ...... 11/5 11/6 Asia ...... 515.00 ...... 11/6 11/8 Asia ...... 827.72 ...... 11/8 11/10 Asia ...... 829.72 ...... 11/10 11/11 Asia ...... 265.72 ...... 11/11 11/12 Asia ...... 413.86 ...... Commercial Air ...... 12,244.28 ...... 15,096.30 Committee total ...... 20,320.32 ...... 102,217.70 ...... 122,538.02 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. MIKE ROGERS, Chairman, Jan. 31, 2012.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMISSION ON SECURITY AND COOPERATION IN EUROPE, EXPENDED BETWEEN OCT. 1 AND DEC. 31, 2011

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Hon. Christopher H. Smith ...... 10 /07 10/10 Croatia ...... Kuna 1,104.97 ...... 1,104.97 Hon. Robert Aderholt ...... 10/07 10 /10 Croatia ...... Kuna 1,420.50 ...... 1,420.50 Hon. Mike McIntyre ...... 10/07 10/10 Croatia ...... Kuna 1,420.50 ...... 1,420.50 Robert Hand ...... 10 /06 10 /10 Croatia ...... Kuna 1,155.50 ...... 2,528.30 ...... 3,683.80 Mark Milosch ...... 10/07 10/10 Croatia ...... Kuna 1,164.96 ...... 1,164.96 Marlene Kaufmann ...... 10/20 10 /25 Tunisia ...... Dinar 975.62 ...... 2,713.20 ...... 3,688.82 Mischa Thompson ...... 10 /02 10/08 Poland ...... Zloty 1,757.80 ...... 2,719.70 ...... 4,477.50 11/09 11/12 Austria ...... Euro 1,009.19 ...... 3,837.00 ...... 4,846.19 Shelly Han ...... 10/16 10/20 Austria ...... Euro 1,303.26 ...... 1,508.60 ...... 2,811.86 10/25 11/01 Kyrgyzstan ...... Som 1,413.00 ...... 9,370.94 ...... 10,783.94 11/01 11/06 Turkmenistan ...... Manat 226.00 ...... 226.00 Janice Helwig ...... 09/25 10/08 Poland ...... Zolty 3,577.60 ...... 2,445.30 ...... 6,022.90 10/08 10/13 Austria ...... Euro 1,686.58 ...... 1,686.58 10/25 11/01 Kyrgyzstan ...... Som 1,653.00 ...... 8,309.53 ...... 9,962.53 12/02 12/08 Lithuania ...... Litas 1,567.72 ...... 5,830.90 ...... 7,398.62 Alex T. Johnson ...... 10/01 12/16 Austria ...... Euro 20,764.01 ...... 20,764.01 10/20 10/25 Tunisia ...... Dinar 1,155.00 ...... 323.54 ...... 1,478.54 10/03 10/07 Poland ...... Zloty 1,100.80 ...... 1,466.65 ...... 2,567.45 10/07 10/09 Croatia ...... Kuna 1,253.50 ...... 1,253.50 10/09 10/12 Montenegro ...... Euro 1,143.00 ...... 1,143.00 12/03 12/08 Lithuania ...... Litas 1,306.62 ...... 996.10 ...... 2,302.72 Erika Schlager ...... 09 /26 10/06 Poland ...... Zloty 2,713.40 ...... 2,717.20 ...... 5,430.60 Kyle Parker ...... 09 /25 10 /01 Poland ...... Zloty 1,609.20 ...... 1,443.20 ...... 3,052.40 Amb. Cynthia Efird ...... 09 /26 10 /07 Poland ...... Zloty 2,787.46 ...... 2,825.20 ...... 5,612.66 11/30 12/05 Russia ...... Ruble 1,612.00 ...... 4,609.00 ...... 6,221.00 12/05 12/08 Lithuania ...... Litas 785.23 ...... 785.23 Committee total ...... 57,666.42 ...... 53,644.36 ...... 111,310.78 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. h CHRISTOPHER H. SMITH, Chairman, Jan. 30, 2012.

EXECUTIVE COMMUNICATIONS, 4937. A letter from the Director, Credit, 801(a)(1)(A); to the Committee on Agri- ETC. Travel and Grants Policy Division, Depart- culture. ment of Agriculture, transmitting the Ad- 4939. A letter from the Secretary, Depart- Under clause 2 of rule XIV, executive ministration’s final rule — Implementation ment of Defense, transmitting a letter on the communications were taken from the of Office of Management and Budget Guid- approved retirement of Lieutenant General Speaker’s table and referred as follows: ance on Drug-Free Workplace Requirements Benjamin C. Freakley, United States Army, (RIN: 0505-AA14) received January 10, 2012, and his advancement to the grade of lieuten- 4935. A letter from the Secretary, Com- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- ant general on the retired list; to the Com- modity Futures Trading Commission, trans- mittee on Agriculture. mittee on Armed Services. mitting the Commission’s final rule — Reg- 4938. A letter from the Chairman and Chief 4940. A letter from the Acting Under Sec- istration of Swap Dealers and Major Swap Executive Officer, Farm Credit Administra- retary, Department of Defense, transmitting Participants (RIN: 3038-AC95) received Janu- tion, transmitting the Administration’s final the Department’s FY 2011 report on Foreign ary 19, 2012, pursuant to 5 U.S.C. 801(a)(1)(A); rule — Organization; Standards of Conduct Language Skill Proficiency Bonus; to the to the Committee on Agriculture. and Referral of Known or Suspected Criminal Committee on Armed Services. 4936. A letter from the Administrator, Violations; Definitions; Disclosure to Share- 4941. A letter from the Director, Defense Rural Business-Cooperative Service, Depart- holders; and Disclosure to Investors in Sys- Procurement and Acquisition Policy, De- ment of Agriculture, transmitting the De- tem-wide and Consolidated Bank Debt Obli- partment of Defense, transmitting the De- partment’s final rule — Definitions and Ab- gations of the Farm Credit System; Com- partment’s final rule — Defense Federal Ac- breviations (RIN: 0570-AA87) received Janu- pensation, Retirement Programs, and Re- quisition Regulations Supplement; Inde- ary 17, 2012, pursuant to 5 U.S.C. 801(a)(1)(A); lated Benefits (RIN: 3052-AC41) received Jan- pendent Research and Development Tech- to the Committee on Agriculture. uary 17, 2012, pursuant to 5 U.S.C. nical Descriptions (DFARS Case 2010-D011)

VerDate Mar 15 2010 04:58 Feb 10, 2012 Jkt 019060 PO 00000 Frm 00048 Fmt 4634 Sfmt 0634 E:\CR\FM\A09FE7.001 H09FEPT1 rfrederick on DSK6SPTVN1PROD with HOUSE February 9, 2012 CONGRESSIONAL RECORD — HOUSE H691 (RIN: Number 0750-AG96) received January Department’s report entitled, ‘‘Fundamental for printing and reference to the proper 23, 2012, pursuant to 5 U.S.C. 801(a)(1)(A); to Properties of Asphalts and Modified Asphalts calendar, as follows: the Committee on Armed Services. — III’’; to the Committee on Transportation Mr. HASTINGS of Washington: Committee 4942. A letter from the Deputy to the and Infrastructure. on Natural Resources. H.R. 3408. A bill to set Chairman, Federal Deposit Insurance Cor- 4956. A letter from the Chief, Publications clear rules for the development of United poration, transmitting the Corporation’s and Regulations Branch, Internal Revenue States oil shale resources, to promote shale final rule — Community Reinvestment Act Service, transmitting the Service’s final rule technology research and development, and Regulations (RIN: 3064-AD90) received Janu- — Rulings and determination letters (Rev. for other purposes; with an amendment ary 23, 2012, pursuant to 5 U.S.C. 801(a)(1)(A); Proc. 2012-8) received January 19, 2012, pursu- (Rept. 112–392). Referred to the Committee of to the Committee on Financial Services. ant to 5 U.S.C. 801(a)(1)(A); to the Committee 4943. A letter from the Senior Vice Presi- on Ways and Means. the Whole House on the state of the Union. Mr. HASTINGS of Washington: Committee dent, Communications and Government Af- 4957. A letter from the Chief, Publications on Natural Resources. H.R. 3407. A bill to di- fairs, Corporation for Public Broadcasting, and Regulations Branch, Internal Revenue rect the Secretary of the Interior to estab- transmitting the Corporation’s 2009 annual Service, transmitting the Service’s final rule lish and implement a competitive oil and gas report on the provision of services to minor- — Update for Weighted Average Interest leasing program for the exploration, develop- ity and diverse audiences by public broad- Rates, Yield Curves, and Segment Rates [No- ment, and production of the oil and gas re- casting entities and public telecommuni- tice 2012-10] received January 19, 2012, pursu- ant to 5 U.S.C. 801(a)(1)(A); to the Committee sources of the Coastal Plain of Alaska, to en- cation entities, pursuant to 47 U.S.C. on Ways and Means. sure secure energy supplies for the conti- 396(m)(2); to the Committee on Energy and 4958. A letter from the Chief, Publications nental Pacific Coast of the United States, Commerce. and Regulations Unit, Internal Revenue 4944. A letter from the Director, Defense lower prices, and reduce imports, and for Service, transmitting the Service’s final rule Security Cooperation Agency, transmitting other purposes; with an amendment (Rept. — Interim Guidance on Informational Re- 112–393). Referred to the Committee of the the Agency’s reports containing the Sep- porting to Employees of the Cost of Their tember 30, 2011, status of loans and guaran- Whole House on the state of the Union. Group Health Insurance Coverage [Notice Mr. ISSA: Committee on Oversight and tees issued under Section 25(a)(11) of the 2012-9] received January 19, 2012, pursuant to Government Reform. H.R. 3813. A bill to Arms Export Control Act; to the Committee 5 U.S.C. 801(a)(1)(A); to the Committee on amend title 5, United States Code, to secure on Foreign Affairs. Ways and Means. the annuities of Federal civilian employees, 4945. A letter from the Secretary, Depart- 4959. A letter from the Chief, Publications ment of Commerce, transmitting the Depart- and for other purposes; with an amendment and Regulations Branch, Internal Revenue (Rept. 112–394, Pt. 1). Referred to the Com- ment’s report on Foreign Policy-Based Ex- Service, transmitting the Service’s final rule port Controls for 2012; to the Committee on mittee of the Whole House on the state of — Rulings and determination letters (Rev. the Union. Foreign Affairs. Proc. 2012-4) received January 19, 2012, pursu- 4946. A letter from the Secretary, Depart- ant to 5 U.S.C. 801(a)(1)(A); to the Committee DISCHARGE OF COMMITTEE ment of Commerce, transmitting a report on on Ways and Means. Pursuant to clause 2 of rule XIII the Export and Reexport License Requirements 4960. A letter from the Chief, Publications Committee on Natural Resources dis- for Certain Microwave and Millimeter Wave and Regulations Branch, Internal Revenue charged from further consideration. Electronic Components; to the Committee Service, transmitting the Service’s final rule H.R. 2484 referred to the Committee of on Foreign Affairs. — Allocation and Apportionment of Interest 4947. A letter from the Assistant Secretary, Expense [TD 9571] (RIN: 1545-BJ84) received the Whole House on the state of the Legislative Affairs, Department of State, January 19, 2012, pursuant to 5 U.S.C. Union and ordered to be printed. transmitting the Interagency Working 801(a)(1)(A); to the Committee on Ways and f Group on U.S. Government-Sponsored Inter- Means. national Exchanges and Training FY 2011 4961. A letter from the Chief, Publications PUBLIC BILLS AND RESOLUTIONS Annual Report; to the Committee on Foreign and Regulations Branch, Internal Revenue Under clause 2 of rule XII, public Affairs. Service, transmitting the Service’s final rule bills and resolutions of the following 4948. A letter from the Assistant Secretary, — Rulings and determination letters (Rev. titles were introduced and severally re- Proc. 2012-4) received January 19, 2012, pursu- Legislative Affairs, Department of State, ferred, as follows: transmitting a report in accordance with ant to 5 U.S.C. 801(a)(1)(A); to the Committee Section 3 of the Arms Export Control Act; to on Ways and Means. By Mr. KLINE (for himself, Mr. HUN- the Committee on Foreign Affairs. 4962. A letter from the Program Manager, TER, Mr. ROE of Tennessee, Mr. 4949. A letter from the Acting Executive Department of Health and Human Services, PETRI, Mr. WILSON of South Carolina, Secretary, Agency for International Devel- transmitting the Department’s final rule — Mr. THOMPSON of Pennsylvania, Mr. opment, transmitting a report pursuant to Medicare Program; Medicare Advantage and DESJARLAIS, Mrs. NOEM, Mrs. ROBY, the Federal Vacancies Reform Act of 1998; to Prescription Drug Benefit Programs: Nego- and Mr. HECK): the Committee on Oversight and Govern- tiated Pricing and Remaining Revisions; H.R. 3989. A bill to support State and local ment Reform. Prescription Drug Benefit Program: Pay- accountability for public education, inform 4950. A letter from the Attorney-Advisor, ments to Sponsors of Retiree Prescription parents of their schools’ performance, and Office of General Counsel, Department of Drug Plans [CMS-4131-F2] (RIN: 0938-AP64) for other purposes; to the Committee on Transportation, transmitting a report pursu- received January 12, 2012, pursuant to 5 Education and the Workforce. ant to the Federal Vacancies Reform Act of U.S.C. 801(a)(1)(A); jointly to the Committees By Mr. KLINE (for himself, Mr. HUN- 1998; to the Committee on Oversight and on Energy and Commerce and Ways and TER, Mr. ROE of Tennessee, Mr. Government Reform. Means. PETRI, Mr. WILSON of South Carolina, 4951. A letter from the Chief Financial Offi- 4963. A letter from the Deputy Assistant Mr. DESJARLAIS, Mrs. NOEM, Mrs. cer, Federal Mediation and Conciliation Administrator, Office of Diversion Control, ROBY, and Mr. HECK): Service, transmitting the FY 2011 annual re- Department of Justice, transmitting the De- H.R. 3990. A bill to encourage effective port under the Federal Managers’ Financial partment’s final rule — Implementation of teachers in the classrooms of the United Integrity Act (FMFIA) of 1982, pursuant to 31 the Methamphetamine Production Preven- States and innovative education programs in U.S.C. 3512(c)(3); to the Committee on Over- tion Act of 2008 [Docket No.: DEA-328] (RIN: our Nation’s schools; referred to the Com- sight and Government Reform. 1117-AB25) received February 9, 2012, pursu- mittee on Education and the Workforce, and 4952. A letter from the Assistant Attorney ant to 5 U.S.C. 801(a)(1)(A); jointly to the in addition to the Committees on Armed General, Department of Justice, transmit- Committees on Energy and Commerce and Services, and Financial Services, for a period ting a report on Elderly and Family Reunifi- the Judiciary. to be subsequently determined by the Speak- 4964. A letter from the Director, Office of cation for Certain Non-Violent Offenders er, in each case for consideration of such pro- Regulations, Social Security Administra- Pilot Program; to the Committee on the Ju- visions as fall within the jurisdiction of the tion, transmitting the Administration’s final diciary. committee concerned. rule — Amendments to Regulations Regard- 4953. A letter from the Assistant Attorney By Mrs. ADAMS (for herself, Mr. ROSS ing Eligibility for a Medicare Prescription General, Department of Justice, transmit- of Florida, Mr. GOHMERT, Mr. BUR- Drug Subsidy [Docket No.: SSA-2010-0033] ting the 2010 Annual Report of the National GESS, Mr. WESTMORELAND, Mr. JONES, (RIN: 0960-AH24) received February 9, 2012, Institute of Justice (NIJ); to the Committee Mr. BROUN of Georgia, Mr. CHAFFETZ, pursuant to 5 U.S.C. 801(a)(1)(A); jointly to Mrs. LUMMIS, Mr. GARDNER, Mr. on the Judiciary. the Committees on Ways and Means and En- 4954. A letter from the Immediate Past Na- POSEY, Mr. FLEMING, Mr. HUELSKAMP, ergy and Commerce. tional President, Women’s Army Corps Vet- Mrs. BLACKBURN, Mr. WEBSTER, Mr. erans’ Association, transmitting the annual f MULVANEY, Mr. SAM JOHNSON of audit of the Association as of June 30, 2010, REPORTS OF COMMITTEES ON Texas, Mr. PITTS, Mr. COLE, Mr. ROE pursuant to 36 U.S.C. 1103 and 1101(64); to the PUBLIC BILLS AND RESOLUTIONS of Tennessee, Mr. WALBERG, Mr. Committee on the Judiciary. WALSH of Illinois, Mrs. SCHMIDT, Mr. 4955. A letter from the Secretary, Depart- Under clause 2 of rule XIII, reports of YODER, Mr. KING of Iowa, Mr. ment of Transportation, transmitting the committees were delivered to the Clerk PEARCE, Mr. RIBBLE, Mr. HARRIS, Mr.

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PRICE of Georgia, Mr. BARTON of TOCK, Mr. SAM JOHNSON of Texas, Mr. H.R. 4007. A bill to establish the Harriet Texas, Mr. KINGSTON, Mr. RIVERA, BURTON of Indiana, Mr. BROOKS, Mr. Tubman National Historical Park in Auburn, Mr. CALVERT, and Mr. MACK): CARTER, Mr. WEST, Mr. COLE, Mr. New York, and the Harriet Tubman Under- H.R. 3991. A bill to prohibit the National BILIRAKIS, Mr. CANSECO, Ms. ground Railroad National Historical Park in Labor Relations Board from requiring that BUERKLE, Mrs. ELLMERS, Mr. BROUN Caroline, Dorchester, and Talbot Counties, employers provide to the Board or to a labor of Georgia, Mr. DIAZ-BALART, Mr. Maryland, and for other purposes; to the organization the telephone number or email CHAFFETZ, Mr. MILLER of Florida, Mr. Committee on Natural Resources. address of any employee; to the Committee LUCAS, Mr. LANDRY, Mr. ROYCE, Mr. By Mr. HEINRICH (for himself, Mr. on Education and the Workforce. CULBERSON, Mrs. BONO MACK, Mr. LUJA´ N, and Mr. PEARCE): By Mr. BERMAN (for himself, Mr. HUIZENGA of Michigan, Mr. DUNCAN of H.R. 4008. A bill to establish the Cavernous SMITH of Texas, Ms. ZOE LOFGREN of Tennessee, Mr. MCCAUL, Mr. BOU- Angioma CARE Center (Clinical Care, California, and Ms. ROS-LEHTINEN): STANY, Mrs. MILLER of Michigan, Mr. Awareness, Research and Education) of Ex- H.R. 3992. A bill to allow otherwise eligible FARENTHOLD, Mr. RIGELL, and Mr. cellence, and for other purposes; to the Com- Israeli nationals to receive E–2 non- GIBBS): mittee on Energy and Commerce. immigrant visas if similarly situated United H.R. 4000. A bill to approve the Keystone By Mr. ISSA: States nationals are eligible for similar non- XL pipeline project, and for other purposes; H.R. 4009. A bill to prohibit Members of immigrant status in Israel; to the Com- referred to the Committee on Transportation Congress, senior congressional staffers, and mittee on the Judiciary. and Infrastructure, and in addition to the administration executives from making cer- By Mr. KING of New York (for himself, Committees on Energy and Commerce, Nat- tain purchases or sales of registered securi- Mr. SHERMAN, Mr. PAUL, Mr. MEEKS, ural Resources, and Foreign Affairs, for a pe- ties, futures, swaps, security futures prod- Mr. KISSELL, and Mr. FILNER): riod to be subsequently determined by the ucts, security-based swaps, and options, to H.R. 3993. A bill to clarify the National Speaker, in each case for consideration of prohibit bonus payments to executives at Credit Union Administration authority to such provisions as fall within the jurisdic- Fannie Mae and Freddie Mac, and for other improve credit union safety and soundness; tion of the committee concerned. purposes; referred to the Committee on Fi- to the Committee on Financial Services. By Mr. CAMPBELL: nancial Services, and in addition to the Com- By Mr. POMPEO (for himself, Mr. H.R. 4001. A bill to amend the Internal Rev- mittees on House Administration, and Over- WESTMORELAND, Mr. KINZINGER of Il- enue Code of 1986 to allow partnerships in- sight and Government Reform, for a period linois, and Mr. MILLER of Florida): vested in infrastructure property to be treat- to be subsequently determined by the Speak- H.R. 3994. A bill to give States and local- ed as publicly traded partnerships, to reduce er, in each case for consideration of such pro- ities the option to return unused Federal the depreciation recovery periods for such visions as fall within the jurisdiction of the grant funds to the general fund of the Treas- property, and for other purposes; to the Com- committee concerned. ury for the purpose of deficit reduction; re- mittee on Ways and Means. By Mr. VAN HOLLEN (for himself, Mr. ferred to the Committee on Oversight and By Mr. CASSIDY (for himself, Mr. BRADY of Pennsylvania, Mr. HOYER, Government Reform, and in addition to the DEUTCH, Mr. HARPER, Mr. DUNCAN of Mr. CLYBURN, Mr. GEORGE MILLER of Committee on Appropriations, for a period to Tennessee, Mr. ALEXANDER, Mr. California, Mr. CONYERS, Mr. be subsequently determined by the Speaker, WEST, Mr. BOUSTANY, Mr. CULBERSON, BECERRA, Mr. WAXMAN, Mr. LEVIN, in each case for consideration of such provi- Mr. MCCAUL, Mr. LANDRY, Mr. SES- Ms. SLAUGHTER, Mr. ISRAEL, Mr. sions as fall within the jurisdiction of the SIONS, Mr. GRIFFIN of Arkansas, and MARKEY, Mr. THOMPSON of California, committee concerned. Mr. HASTINGS of Florida): Mr. PRICE of North Carolina, Mr. By Mr. RUSH (for himself and Mr. H.R. 4002. A bill to amend the Securities WELCH, Mr. DEUTCH, Mr. BISHOP of WAXMAN): Investor Protection Act of 1970 to provide New York, Mr. PASCRELL, Mr. FARR, H.R. 3995. A bill to prohibit brand name one-time payments from the SIPC Fund for Mr. GENE GREEN of Texas, Mr. drug companies from compensating generic customers during a pending lawsuit by the MCGOVERN, Mrs. CAPPS, Mr. JOHNSON drug companies to delay the entry of a ge- Securities and Exchange Commission of Georgia, Mr. HOLT, Mr. SARBANES, neric drug into the market, and for other against the Securities Investor Protection Mr. BOSWELL, Mr. ANDREWS, Mr. purposes; referred to the Committee on En- Corporation, and for other purposes; to the SCHIFF, Mr. NADLER, Ms. ESHOO, Ms. ergy and Commerce, and in addition to the Committee on Financial Services. SCHWARTZ, Mrs. CHRISTENSEN, Mr. Committee on the Judiciary, for a period to By Mr. COHEN (for himself, Ms. NOR- TONKO, Ms. ZOE LOFGREN of Cali- be subsequently determined by the Speaker, TON, Mr. GRIJALVA, Ms. KAPTUR, Ms. fornia, Ms. CASTOR of Florida, Mr. in each case for consideration of such provi- SEWELL, Ms. MCCOLLUM, Mr. GON- LANGEVIN, Mr. LARSON of Con- sions as fall within the jurisdiction of the ZALEZ, and Mr. HASTINGS of Florida): necticut, Mr. CARNAHAN, Mrs. MALO- H.R. 4003. A bill to amend title 39, United committee concerned. NEY, Mr. STARK, Ms. TSONGAS, Ms. States Code, to provide that the payment of ECK, WASSERMAN SCHULTZ, Mr. YARMUTH, By Mr. AMODEI (for himself, Mr. H a bill, invoice, or statement of account due, Ms. BONAMICI, Ms. HAHN, Ms. MATSUI, and Ms. BERKLEY): if made by mail, shall be considered to have H.R. 3996. A bill to direct the Secretary of Ms. WOOLSEY, Ms. SPEIER, Ms. LINDA been made on the date as of which the enve- the Interior to convey to the Nevada System T. SA´ NCHEZ of California, Ms. LORET- lope which is used to transmit such payment of Higher Education certain Federal land lo- is postmarked; to the Committee on Over- TA SANCHEZ of California, Mr. SMITH cated in Clark and Nye Counties, Nevada, sight and Government Reform. of Washington, Mr. SCOTT of Vir- and for other purposes; to the Committee on By Mr. DOYLE (for himself, Mr. ginia, Ms. MCCOLLUM, Mr. Natural Resources. GARAMENDI, Ms. LEE of California, YODER, and Mr. CLAY): By Mr. BARROW: H.R. 4004. A bill to provide for Federal Mr. JACKSON of Illinois, Ms. WATERS, H.R. 3997. A bill to amend the Internal Rev- agencies to develop public access policies re- Mr. CUMMINGS, Mr. CLEAVER, Mr. enue Code of 1986 to extend the deduction for lating to research conducted by employees of POLIS, Mr. MCNERNEY, Mr. FRANK of expensing of environmental remediation that agency or from funds administered by Massachusetts, Mr. BERMAN, Mr. costs; to the Committee on Ways and Means. that agency; to the Committee on Oversight DICKS, Ms. VELA´ ZQUEZ, Mr. RUPPERS- By Mr. BARROW: and Government Reform. BERGER, Ms. EDDIE BERNICE JOHNSON H.R. 3998. A bill to amend the Internal Rev- By Ms. HAHN: of Texas, Ms. EDWARDS, Mr. enue Code of 1986 to extend the deduction for H.R. 4005. A bill to direct the Secretary of LOEBSACK, Mr. LYNCH, Mr. RUSH, Mr. certain expenses of elementary and sec- Homeland Security to conduct a study and SHERMAN, Mr. GONZALEZ, Mr. LARSEN ondary school teachers; to the Committee on report to Congress on gaps in port security of Washington, Mr. COSTA, Mr. RAN- Ways and Means. in the United States and a plan to address GEL, Ms. ROYBAL-ALLARD, Mr. FIL- By Mr. BARROW: them; to the Committee on Homeland Secu- NER, Mr. LEWIS of Georgia, Ms. H.R. 3999. A bill to amend the Internal Rev- rity. DEGETTE, Mr. OLVER, Mr. HONDA, enue Code of 1986 to extend the deduction for By Ms. HAHN: Mrs. NAPOLITANO, Mr. COHEN, Mr. mortgage insurance; to the Committee on H.R. 4006. A bill to require the submission ELLISON, and Ms. BASS of California): Ways and Means. of a plan to ensure the placement of suffi- H.R. 4010. A bill to amend the Federal Elec- By Mr. MACK (for himself, Mr. REH- cient U.S. Customs and Border Protection of- tion Campaign Act of 1971 to provide for ad- BERG, Mr. BOREN, Mr. GRIFFIN of Ar- ficers at each of the ten international air- ditional disclosure requirements for corpora- kansas, Mr. KISSELL, Ms. ROS- ports in the United States with the largest tions, labor organizations, and other enti- LEHTINEN, Mr. ROKITA, Mrs. MCMOR- volume of international travelers to effec- ties, and for other purposes; referred to the RIS RODGERS, Mr. SESSIONS, Mr. tively combat security threats and Committee on House Administration, and in SCHOCK, Mr. LAMBORN, Mrs. NOEM, vulnerabilities, and for other purposes; to addition to the Committee on the Judiciary, Mr. FLAKE, Mr. POE of Texas, Mr. RI- the Committee on Homeland Security. for a period to be subsequently determined VERA, Mr. BERG, Mr. DUNCAN of South By Mr. HARRIS (for himself, Mr. by the Speaker, in each case for consider- Carolina, Mrs. LUMMIS, Mr. BISHOP of HANNA, Ms. EDWARDS, Mr. BARTLETT, ation of such provisions as fall within the ju- Utah, Mr. HERGER, Mrs. SCHMIDT, Mr. Mr. CUMMINGS, Mr. VAN HOLLEN, Mr. risdiction of the committee concerned. CHABOT, Mr. MANZULLO, Mr. KING of RANGEL, Ms. SLAUGHTER, Mr. By Mr. NADLER (for himself, Mr. New York, Mrs. CAPITO, Mr. MCCLIN- SERRANO, and Ms. RICHARDSON): SCOTT of Virginia, Mr. BLUMENAUER,

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Mr. CAPUANO, Mr. ELLISON, Mr. (the appropriation power), which states: ‘‘No stitution, shall be as valid against the ENGEL, Mr. FILNER, Mr. HINCHEY, Mr. Money shall be drawn from the Treasury, but United States under this Constitution, as HOLT, Mr. HONDA, Mr. KUCINICH, Mrs. in Consequence of Appropriations made by under the Confederation. MALONEY, Ms. MCCOLLUM, Mr. Law. . .’’ This Constitution, and the Laws of the MCGOVERN, Mr. MORAN, Ms. NORTON, Mr. RUSH: United States which shall be made in Pursu- Mr. RANGEL, Mr. ROTHMAN of New H.R. 3995. ance thereof; and all Treaties made, or which Jersey, Mr. VAN HOLLEN, and Mr. Congress has the power to enact this legis- shall be made, under the Authority of the WELCH): lation pursuant to the following: United States, shall be the supreme Law of H.R. 4011. A bill to modify certain provi- Article I, Section 8, Clause 3 the Land; and the Judges in every State sions of law relating to torture; referred to ‘‘The Congress shall have Power ‘‘to regu- shall be bound thereby, any Thing in the the Committee on Armed Services, and in late Commerce with foreign Nations, and Constitution or Laws of any State to the addition to the Committee on the Judiciary, among the several States, and with the In- Contrary notwithstanding. for a period to be subsequently determined dian Tribes.’’ The Senators and Representatives before by the Speaker, in each case for consider- Mr. AMODEI: mentioned, and the Members of the several ation of such provisions as fall within the ju- H.R. 3996. State Legislatures, and all executive and ju- risdiction of the committee concerned. Congress has the power to enact this legis- dicial Officers, both of the United States and By Mr. WELCH (for himself, Mr. lation pursuant to the following: of the several States, shall be bound by Oath MCGOVERN, and Ms. PINGREE of The constitutional authority of Congress or Affirmation, to support this Constitution; Maine): to enact this legislation is provided by Arti- but no religious Test shall ever be required H.R. 4012. A bill to amend the Food, Con- cle I, Section of the United States Constitu- as a Qualification to any Office or public servation, and Energy Act of 2008 to estab- tion, specifically clause 1 (relating to pro- Trust under the United States. lish a community-supported agriculture pro- viding for the general welfare of the United Ms. HAHN: motion program; to the Committee on Agri- States) and clause 18 (relating to the power H.R. 4005. culture. to make all laws necessary and proper for Congress has the power to enact this legis- By Mr. LEWIS of Georgia: carrying out the powers vested in Congress), lation pursuant to the following: H. Con. Res. 99. A concurrent resolution and Article IV, Section 3, Clause 2 (relating This bill is enacted pursuant to the power authorizing the use of Emancipation Hall in to the power of Congress to dispose of and granted to Congress under Article I, Section the Capitol Visitor Center for a ceremony to make all needful rules and regulations re- 8, Clauses 1 and 18 of the United States Con- unveil the marker which acknowledges the specting the territory or other property be- stitution. role that slave labor played in the construc- longing to the United States). Ms. HAHN: tion of the United States Capitol; to the Mr. BARROW: H.R. 4006. Congress has the power to enact this legis- Committee on House Administration; consid- H.R. 3997. lation pursuant to the following: ered and agreed to. Congress has the power to enact this legis- lation pursuant to the following: This bill is enacted pursuant to the power f The constitutional authority on which this granted to Congress under Article I, Section CONSTITUTIONAL AUTHORITY bill rests is Clause 1 of Section 8 of Article I 8, Clauses 1 and 18 of the United States Con- STATEMENT of the Constitution of the United States. stitution. Mr. BARROW: Mr. HARRIS: Pursuant to clause 7 of rule XII of H.R. 3998. H.R. 4007. Congress has the power to enact this legis- the Rules of the House of Representa- Congress has the power to enact this legis- lation pursuant to the following: tives, the following statements are sub- lation pursuant to the following: Article 1, Section 8, Clause 1 of the U.S. The constitutional authority on which this mitted regarding the specific powers Constitution, relating to the power to make bill rests is Clause 1 of Section 8 of Article I granted to Congress in the Constitu- all laws necessary and proper for carrying of the Constitution of the United States. tion to enact the accompanying bill or out the powers vested in Congress. Also this Mr. BARROW: joint resolution. legislation can be enacted under the author- H.R. 3999. ity granted in Article 4, Section 3, Clause 2, Mr. KLINE: Congress has the power to enact this legis- relating to the power of Congress to dispose H.R. 3989. lation pursuant to the following: Congress has the power to enact this legis- The constitutional authority on which this of and make all needful rules and regulations lation pursuant to the following: bill rests is Clause 1 of Section 8 of Article I respecting the territory or other property Article I, section 8 of the Constitution of of the Constitution of the United States. belonging to the United States. the United States Mr. MACK: Mr. HEINRICH: H.R. 4008. Mr. KLINE: H.R. 4000. Congress has the power to enact this legis- H.R. 3990. Congress has the power to enact this legis- lation pursuant to the following: Congress has the power to enact this legis- lation pursuant to the following: Article 3, Section 2 of the United States lation pursuant to the following: Article 1, Section 8, Clause 3: To regulate Constitution. Article I, section 8 of the Constitution of commerce with foreign Nations, and among Mr. ISSA: the United States the several States, and with the Indian Mrs. ADAMS: H.R. 4009. Tribes. Congress has the power to enact this legis- H.R. 3991. Mr. CAMPBELL: lation pursuant to the following: Congress has the power to enact this legis- H.R. 4001. This bill is enacted pursuant to the powers lation pursuant to the following: Congress has the power to enact this legis- granted to Congress under Clause 3 of Sec- Article I, Section 8, clause 3: lation pursuant to the following: tion 8 of Article I, and Clause 2 of Section 5 The Congress shall have Power to . . . reg- Article 1, Section 8 of Article I of the United States Constitu- ulate Commerce with foreign Nations and Mr. CASSIDY: tion. among the several States. . . H.R. 4002. Mr. VAN HOLLEN: Mr. BERMAN: Congress has the power to enact this legis- H.R. 4010. H.R. 3992. lation pursuant to the following: Congress has the power to enact this legis- Congress has the power to enact this legis- Congress has the power to enact this legis- lation pursuant to the following: lation pursuant to the following: lation pursuant to Article 1, Section 8, Art 1, Section 4. Clause 4 of section 8 of article I of the Con- Clause 3 of the Constitution of the United Mr. NADLER: stitution States, which authorizes Congress to regu- H.R. 4011. Mr. KING of New York: late Commerce with foreign Nations, and Congress has the power to enact this legis- H.R. 3993. among the several States, and with the In- lation pursuant to the following: Congress has the power to enact this legis- dian Tribes. Congress has the power to enact this legis- lation pursuant to the following: Mr. COHEN: lation pursuant to the following: Article I, Article I, Section 8, Clause 3 H.R. 4003. Section 8, Clauses 11 and 18. The Congress shall have Power to regulate Congress has the power to enact this legis- Mr. WELCH: Commerce with foreign Nations, and among lation pursuant to the following: H.R. 4012. the several States, and with the Indian Article 1, Section 8 under the United Congress has the power to enact this legis- Tribes; States Constitution lation pursuant to the following: Mr. POMPEO: Mr. DOYLE: Clause 18. The Congress shall have Power H.R. 3994. H.R. 4004. * * * To make all Laws which shall be nec- Congress has the power to enact this legis- Congress has the power to enact this legis- essary and proper for carrying into Execu- lation pursuant to the following: lation pursuant to the following: tion the foregoing Powers, and all other The principal constitutional authority for Article 6—Clause 2 Powers vested by the Constitution in the this legislation is Article I, Section 9, Clause All Debts contracted and Engagements en- Government of the United States, or in any 7 of the Constitution of the United States tered into, before the Adoption of this Con- Department or Officer thereof.

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Vol. 158 WASHINGTON, THURSDAY, FEBRUARY 9, 2012 No. 22 Senate The Senate met at 9:30 a.m. and was from the State of New Mexico, to perform The ACTING PRESIDENT pro tem- called to order by the Honorable TOM the duties of the Chair. pore. Objection is heard. The bill will UDALL, a Senator from the State of DANIEL K. INOUYE, be placed on the calendar. New Mexico. President pro tempore. Mr. REID. Mr. President, I will have Mr. UDALL of New Mexico thereupon more to say about this later. assumed the chair as Acting President PRAYER f pro tempore. The Chaplain, Dr. Barry C. Black, of- MORTGAGE FORECLOSURE f fered the following prayer: SETTLEMENT Let us pray. RECOGNITION OF THE MAJORITY Mr. REID. Mr. President, I received a God of sea, land and sky, we worship LEADER You. Guide our lawmakers today in call from Secretary Donovan, the Sec- Your straight path. Inspire them with The ACTING PRESIDENT pro tem- retary of Housing, indicating that Ne- insight and courage that they may pore. The majority leader is recog- vada was part of the settlement. It is walk with integrity. Search their nized. in all the newspapers today. It appears hearts and lead them away from all in- f Nevada will get about $11⁄2 billion to work out our foreclosure problems in direction, equivocation, and pretense SCHEDULE that will keep them from arriving at Nevada. We have led the Nation for Your desired destination. Open their Mr. REID. Mr. President, following years in foreclosures. We are not proud eyes to see opportunities in adversities, leader remarks, the Senate will be in a of that, but it is a fact. as You empower them to carve tunnels period of morning business until 11 For many years, we were the eco- of hope through mountains of despair. a.m. The majority will control the first nomic driver of the States. No State Fortify their desire to live with sin- half of the time and the Republicans did better economically than Nevada cerity and self-effacement for the glory will control the final half. Following for two decades. If you want a good job, of Your kingdom on Earth. morning business, the Senate will re- come to Nevada. If you want to invest We pray in Your holy Name. Amen. sume consideration of S. 1813. At 2 in real estate, come to Nevada or if you p.m., there will be a rollcall vote on wanted to start a small business, come f the motion to invoke cloture on the to Nevada. The collapse on Wall Street motion to proceed to S. 1813. has hurt our housing market. We have PLEDGE OF ALLEGIANCE We have been in consultation with not yet recovered. I commend the at- The Honorable TOM UDALL led the the Republican leader and his staff, and torney general of Nevada, Catherine Pledge of Allegiance, as follows: we may have another vote this after- Masto, who was a fine lawyer before I pledge allegiance to the Flag of the noon. We are probably going to have she became attorney general and has United States of America, and to the Repub- more than one vote this afternoon. only become better with the work she lic for which it stands, one nation under God, f has done. She negotiated this. I am indivisible, with liberty and justice for all. very proud of her and confident the MEASURE PLACED ON work she did will bring dividends to the f CALENDAR—S. 2079 beleaguered housing industry in Ne- APPOINTMENT OF ACTING Mr. REID. Mr. President, I under- vada. PRESIDENT PRO TEMPORE stand that S. 2079 is at the desk and f due for its second reading. The PRESIDING OFFICER. The The ACTING PRESIDENT pro tem- RECOGNITION OF THE MINORITY clerk will please read a communication pore. The leader is correct. The clerk LEADER to the Senate from the President pro will read the title of the bill for the The ACTING PRESIDENT pro tem- tempore (Mr. INOUYE). second time. pore. The Republican leader is recog- The legislative clerk read the fol- The assistant legislative clerk read nized. lowing letter: as follows: f U.S. SENATE, A bill (S. 2079) to extend the pay limitation PRESIDENT PRO TEMPORE, for Members of Congress and Federal em- HONORING OUR ARMED FORCES Washington, DC, February 9, 2012. ployees. FIRST LIEUTENANT ERIC YATES To the Senate: Under the provisions of rule I, paragraph 3, Mr. REID. Mr. President, I object to Mr. MCCONNELL. Mr. President, I of the Standing Rules of the Senate, I hereby any further proceedings with respect to have the sad duty today to share with appoint the Honorable TOM UDALL, a Senator the bill. my colleagues the story of one brave

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

S395

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VerDate Mar 15 2010 05:24 Jun 04, 2013 Jkt 099060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 J:\CRONLINE\2000-THRU-2012-ONLINE-CORRECTIONS\2012 RECORD ONLINE CORREC bjneal on DSK2TWX8P1PROD with S396 CONGRESSIONAL RECORD — SENATE February 9, 2012 Kentuckian who sacrificed his life for capital here in Washington, D.C. Eric and feel so much better, have more energy his country. First Lieutenant Eric was thrilled to visit the White House, and be happier. Yates, of Rineyville, KY, was killed on the Smithsonian, Arlington Cemetery, Number four, read a lot books, both fiction September 18, 2010, in Kandahar prov- the Korean Memorial, the Vietnam Me- and non-fiction, newspapers, magazines, blogs, online stories, movie reviews—all ince, Afghanistan, after insurgents at- morial, Robert E. Lee’s house, and the these things will help you understand the tacked his patrol with an improvised Tomb of the Unknown Soldier. world around you, your role in it, and why explosive device. He was 26 years old. Kathy recalls how he practically what happened to me happened where and For his heroic service, Lieutenant taught the family a history lesson at when it did. Yates received several awards, medals, every stop along the way. ‘‘He was Number five, save your money. You don’t and decorations, including the Bronze amazed by all of it,’’ she says. own your things; your things own you. Star Medal, the Purple Heart, the Na- Soon after that summer trip came Number six, liquor is better than beer. tional Defense Service Medal, the Af- the events of 9/11. A junior in high Number seven, don’t reject new ideas im- school, Eric read as much about the mediately. ghanistan Campaign Medal with That seems to be all that I wanted to say, Bronze Service Star, the Global War on brutal terrorist attacks on this coun- try as he could. ‘‘I had not seen any- so thank you for coming. Please have a safe Terrorism Service Medal, the Army trip home and have a good life. Love, Eric Service Ribbon, the Overseas Service thing that grabbed his attention like Yates. that fateful day,’’ Kathy remembers. It Ribbon, the NATO Medal, the Combat It is a great loss, Mr. President, that was then that Eric began to think Action Badge, and the Overseas Service First Lieutenant Eric Yates will not about a career in the U.S. Army. Bar. have a long and happy life himself, On Veterans Day last year, Lieuten- After graduating from John Hardin High School in 2003, Eric started at with the opportunities to share those ant Yates’s alma mater, Western Ken- lessons—and many more—with the peo- tucky University, honored him by in- Elizabethtown Community College. Then he transferred to Western Ken- ple that fill that life. But I am honored ducting him into its ROTC Hall of to be able to share them now with my Fame. A likeness of Lieutenant Yates, tucky University and joined their ROTC program, with an eye toward a colleagues in the United States Senate. etched in granite, was unveiled and And I am honored to stand here placed on the university’s landmark military career. He hoped to return to Hardin County one day after retiring today and recognize Lieutenant Yates’s Guthrie Bell Tower. heroic service, and the solemn sacrifice The history department at Western from the Army, to teach and share his stories of military adventure. he has made on behalf of a loving fam- Kentucky University, working with the ily, a proud Commonwealth, and a Yates family, also established the First Eric graduated from WKU in 2008. ‘‘We were so proud of him that week- grateful Nation. Lieutenant Eric Yates Memorial Schol- Mr. President, I yield the floor. arship. ‘‘We have made it our mission end as David and I put on his gold bars to make it a scholarship that will be at his commissioning ceremony,’’ f here forever, to keep Eric alive in our Kathy says. After graduation, he joined RESERVATION OF LEADER TIME hearts,’’ says Kathy Yates, Eric’s the 101st Airborne Division and was mother. Thanks to fund raisers and stationed at Fort Campbell, Kentucky, The ACTING PRESIDENT pro tem- generous donations, that scholarship a point of pride for Eric as that was the pore. Under the previous order, leader- fund now has over $20,000 in it. same division his grandfather, Herbert ship time is reserved. L. Crabb, had served in. Eric was born on July 1, 1984, to f Kathy and David Yates, and grew up on In May of 2010, Eric was deployed to a farm in Rineyville. A typical little Afghanistan with B Company, 1st Bat- MORNING BUSINESS kid, he liked to play with toy tractors talion, 502nd Infantry Regiment, 101st Airborne Division. It would be his first The ACTING PRESIDENT pro tem- and watch cartoons. Batman and pore. Under the previous order, the Power Rangers were his favorites. ‘‘He and only deployment. We are thinking of First Lieutenant Senate will be in a period of morning went through a phase where he wore a Yates’s loved ones today, Mr. Presi- business until 11 a.m., with Senators cape all the time so he would be ready dent, as I recount his story for my col- permitted to speak therein for up to 10 for any impending danger,’’ remembers leagues in the Senate, including his minutes each, with the time equally di- Kathy. Eric attended Rineyville Ele- parents, David and Kathy Yates; his vided and controlled between the two mentary School, and played baseball. leaders or their designees, with the ma- On the farm, the Yates family grew brother, Nathan Yates; his grandfather, Herbert L. Crabb; and many other be- jority controlling the first half and the hay and tobacco, and there was work to Republicans controlling the final half. be done clearing weeds, topping plants, loved family members and friends. Eric’s family learned after his tragic Mr. MCCONNELL. Mr. President, I cutting the tobacco, and stripping it in death that he had left behind a letter suggest the absence of a quorum. the barn to get it ready for market. ‘‘I he wanted read at his funeral. His par- The ACTING PRESIDENT pro tem- am so thankful for that time we spent ents have gracefully shared that letter pore. The clerk will call the roll. together working and talking, as that’s with me, and I would like to read it for The assistant legislative clerk pro- when you really get to know your chil- my colleagues now. Eric writes as fol- ceeded to call the roll. dren and the work ethic they develop,’’ lows: Mr. ALEXANDER. Mr. President, I Kathy says. ask unanimous consent that the order One spring when Eric was about 10 Hello to everyone in attendance, I’m sorry that you all had to gather here for the quorum call be rescinded. and his little brother Nathan was about today for this event—no, really I am. But The ACTING PRESIDENT pro tem- 6, David told his two sons they could since you are here I would like to take the pore. Without objection, it is so or- each pick a newborn calf after their chance to say a few things, try to impart dered. some of my knowledge and wisdom that I hard work stripping tobacco all winter. Mr. ALEXANDER. I ask unanimous Nathan picked out the biggest bull he have stored up over the past 26 years. I con- sider myself fairly cultured and worldly, so consent to speak for 15 minutes in could find. He could not understand morning business, and I ask the Chair why his big brother Eric chose a little please pay attention; I have the following ad- vice. to please notify me when I have 3 min- heifer calf. ‘‘I want the gift that’s Number one, take a chance. Get out there utes remaining. going to keep on giving,’’ Eric said, and and do something you wouldn’t normally do. The ACTING PRESIDENT pro tem- he went on to sell a calf from that cow You will see and do some really cool stuff pore. Without objection, it is so or- and meet some really fine and interesting every year for the next 13 years. dered. In high school Eric got his first job people. Once an Army buddy and myself ate for Butternut Bread, filling the shelves breakfast with a homeless man in Oklahoma f in Wal-Mart, and was elected as treas- City, and I must say he left an impression on me. LOWERING TUITION COSTS urer of his school’s chapter of Future Number two, watch the original Star Wars Farmers of America. trilogy. It’s an amazing story. Mr. ALEXANDER. Mr. President, During the summer of 2001, the Yates Number three, no matter how old you are, since his State of the Union Address, family took a vacation to our Nation’s get off the couch and exercise. You will look President Obama and Vice President

VerDate Mar 15 2010 05:24 Jun 04, 2013 Jkt 099060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 J:\CRONLINE\2000-THRU-2012-ONLINE-CORRECTIONS\2012 RECORD ONLINE CORREC bjneal on DSK2TWX8P1PROD with February 9, 2012 CONGRESSIONAL RECORD — SENATE S397 BIDEN have been talking about their ef- on new government programs, includ- mented in 2014. Just over the last year, forts to help students afford to go to ing the new health care law. there has been a 13.5-percent decrease college, which is something we are all According to the Congressional Budg- in State support for higher education in favor of. et Office, over the next 10 years, here is in California, along with a 21-percent The President’s proposals include where the profit goes, approximately: increase in tuition and fees at State what he calls a higher education race $8.7 billion goes to pay for the new universities and a 37 percent increase to the top. It has a familiar sounding health care law; $10.3 billion goes to in tuition at community colleges. Most formula. Though, in this case, it will pay down the Federal debt; and $36 bil- of those students probably do not know impose new rules and mandates and lion goes to support other Pell grants. that the principal reason their tuition price controls on colleges and univer- So if we really want to help students is going up is because of the Federal sities in States. Unfortunately, this pay for tuition, why would we not use health care mandates on the State. race to the top is headed in the wrong this profit to reduce the interest rate From 2000 to 2006, spending by State direction. on student loans? CBO says we could governments on Medicaid increased by The President should turn around his have reduced the rate from 6.8 percent 62.6 percent. This has been going on higher education race to the top and to 5.3 percent and let the students have long before President Obama came into head it in the direction of Washington, the savings instead of letting the gov- office. I balanced it as Governor in the DC, to help the federal government ernment have the savings. By reducing 1980s. Every year I tried to keep edu- compete for ways to stop adding man- the interest on student loans that cation funding at 50 percent of the dates and costs on States that are much, students would save an average State budgets. In those days the States soaking up dollars and driving college of $2,200 over 10 years. That is a lot of paid for 70 percent of the cost of oper- tuition through the roof. money for the average student bor- ating the University of Tennessee or Let me be specific and offer three ex- rower who has approximately $25,000 in the community college and tuition amples of how a race to the top headed debt. paid for 30 percent of the cost. We had toward Washington, DC, could actually I have proposed the idea of legisla- an implicit deal with the students that help students by saving them money on tion that puts a ‘‘truth in lending’’ if we raise tuition, we will raise State their tuition. label on every one of the 16 million stu- funding by about the same amount. First, Washington could stop over- dent loans, saying this: Beware: Your Those days are long gone. charging students on their student government is overcharging you on Medicaid costs on States are the loans. They are doing that now by bor- your student loan to help pay for the most insoluble part of the budget di- rowing money at 2.8 percent, loaning it health care law and other government lemma we have here in Washington. I to students at 6.8 percent, and using programs. believe Medicaid either should be run the profit to help pay for the new Here is a second way Washington 100 percent by the Federal Government health care law and other government could help lower tuition rates. Wash- or 100 percent by the States. I came to programs. ington could repeal the Medicaid man- Washington and suggested that to Second, Washington could help stu- dates imposed on States that take ef- President Reagan in the 1980s. He dents with lower tuition by repealing fect in 2014 and will inevitably drive up agreed, but many did not. So it is not the new Medicaid mandates on States tuition rates. This is how that works. new. We should not blame President that take effect in 2014. These new The new health care law requires Obama for the fact that this has gone Medicaid mandates will further reduce States to expand and help pay for Med- on for 30 years, but we ought to hold State funding for higher education and icaid coverage. This in turn requires him responsible for making it worse. Here is how he has made it worse in raise tuition at public colleges and uni- Governors who are making up budgets a third way—by a so-called mainte- versities, which is where approxi- to take money that, otherwise, would nance of effort requirement on States mately 75 percent of students go to col- likely go for higher education and as a condition of continuing to receive lege. spend it instead on Medicaid. Federal payments under Medicaid. The Third, Washington could stop prohib- According to the Congressional Budg- 2009 stimulus bill prohibited States iting States from reducing spending on et Office, this new expansion of Med- from imposing new eligibility stand- Medicaid at a time when State reve- icaid will cost States an additional $20 ards, methodologies, or procedures as a nues and expenditures are going down. billion over 10 years and add 16 million condition of receiving Federal Med- That forces States to spend money on more people to Medicaid programs. The icaid payments. The new health care health care that otherwise would be CMS Chief Actuary says it may add 25 law extends the maintenance of effort available for higher education. million to the Medicaid Program, cost- requirements through 2014. So for 5 Let me talk about each of those ing States even more. We know this is years, throughout this recession, while three ideas. going to happen because it has already State revenues are going down, the First, this business of overcharging happened. For years Medicaid man- Federal Government in its wisdom has on student loans. I think it would come dates have been imposing huge costs on been imposing billions of new dollars in as a big surprise to most students to States, which in turn soaks up money Medicaid mandates on States requiring know that Washington is borrowing for colleges, and in turn causes tuition them to spend more on Medicaid. And money at 2.8 percent and loaning it to to go up to replace that money. what happens? They must spend less on them at 6.8 percent, and using the prof- According to the Kaiser Family something else. it to pay for the health care law and Foundation, average State funding this In 2010, New York Lieutenant Gov- for other government programs. We year for Medicaid increased by 28.7 per- ernor Richard Ravitch, a Democrat, have roughly 25 million students at- cent compared to the prior year. Where eloquently talked about that problem. tending 6,000 colleges and universities did the money come from? In Ten- He said Medicaid is ‘‘the largest single in America today, and approximately nessee, which had a 15.8-percent in- driver of New York’s growing expendi- 16 million of those have Federal loans crease in State spending on Medicaid tures,’’ making up more than one-third that allow them to spend that money last year, at the same time there was a of the State total budget. New York at the school of their choice. Approxi- 15-percent decrease in State spending spends twice as much on Medicaid as mately 70 percent of the Federal fund- for higher education. That is a real cut, California. He said this spending is ex- ing made available for our higher edu- not a Washington cut; that is 15 per- pected to grow at an annual rate of 18 cation last year—about $116 billion— cent less money. That did what? There percent over the next 4 years but that went for those student loans. Under the was a 7.3-percent increase in tuition at the Federal stimulus and health care new health care law, the Department of public universities and an 8.2-percent expansions have made it harder for Education is going to be borrowing increase in tuition at community col- States such as New York and Cali- money from the Treasury at 2.8 percent leges to make up for the cuts. fornia to cut expenditures because of and then loaning it to the students at In California, where the state enrolls the strings attached. He said: 6.8 percent. So, the government is actu- 8.3 million Medicaid beneficiaries, they These strings prevent States from sub- ally overcharging 16 million students are expected to gain 2 million more stituting Federal money for State funds, re- and taking that profit and spending it when the new health care law is imple- quire States to spend minimum amounts of

VerDate Mar 15 2010 05:24 Jun 04, 2013 Jkt 099060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 J:\CRONLINE\2000-THRU-2012-ONLINE-CORRECTIONS\2012 RECORD ONLINE CORREC bjneal on DSK2TWX8P1PROD with S398 CONGRESSIONAL RECORD — SENATE February 9, 2012 their own funds, and prevent States from 113 percent increase in tuition over the Mr. HELLER. Mr. President, I ask tightening eligibility standards for benefits. decade. unanimous consent that the quorum So while the Federal Government is Colleges and universities need to do call be rescinded. burdening the States with hundreds of their part to cut costs. I have sug- The ACTING PRESIDENT pro tem- billions of dollars in Medicaid liabil- gested that well-prepared students pore. Without objection, it is so or- ities, the President has made it worse ought to be offered 3-year degrees in- dered. by forbidding States from tightening stead of 4. The president of George (The remarks of Mr. HELLER per- their eligibility requirements as their Washington University has suggested taining to the introduction of S. 2080 economies shrink. ways that colleges could be more effi- are printed in today’s RECORD under The administration and Congress cient. He said he could run two com- ‘‘Statements on Introduced Bills and have left Governors with little choice plete colleges with two complete fac- Joint Resolutions.’’) but to cut in other areas, and that usu- ulties in the facilities now used half Mr. HELLER. I yield the floor. ally turns out to be public higher edu- the year for one. That is without cut- Mr. HATCH. Mr. President, I ask cation, where 75 percent of students go ting the length of student vacations, unanimous consent to be permitted to to school. So why is tuition going up? increasing class size, or requiring fac- speak and give my remarks in full. The biggest reason is us—Congress, ulty to teach more. Requiring one The ACTING PRESIDENT pro tem- Washington DC. Instead of pointing the mandatory summer session for every pore. Without objection, it is so or- finger at States and colleges, we ought student every 4 years, as Dartmouth dered. to look in the mirror. College does, would improve institu- The Senator from Utah. There is another problem with the tions’ bottom line. The GW president f President’s proposals. His proposals are said his institution’s bottom line would PREVENTIVE SERVICES MANDATE not likely to affect many students, and improve by $10 to $15 million a year. if they do they are more likely to hurt Those are just two good ideas. Mr. HATCH. Mr. President, for some them than help them. Here is why that There is nothing wrong with Presi- time now Americans have suspected is true. Ninety-eight percent of all Fed- dent Obama’s proposal to encourage that this administration has lost touch eral money made available to college ideas like that, even to give grants and with the American people. John students goes directly to the students put the spotlight on colleges that are Meacham, the former editor of News- to spend at one of the 6,000 institutions trying those things. The Malcolm week and a fan of the President, ex- of their choice. Baldrige Award for Quality Control plained this detachment by explaining The President’s proposals would only years ago did a lot to improve quality that the President does not ‘‘particu- affect three programs of campus-based in business and government without larly like people.’’ That might be an aid that eventually affects about 2 per- spending very much. But mandates and overstatement, but he is on to some- cent of all students and impacts about price controls on 6,000 autonomous col- thing. This administration seems to 2 percent of all the federal money leges and universities is not the right take its cues from the far left, whether available for higher education. What prescription. They are more likely to or not they represent the aspirations the President would propose doing in- hurt students than help. They are more and hopes of ordinary Americans. cludes putting price controls on col- likely to drive up tuition than lower it. Nowhere is this disconnection from leges offering those programs and say- And they are more likely to diminish the American people on better display ing that students could not go to the the quality of the best system of higher than with the hamfisted decision by institution if tuition goes up too much. education in the world. Secretary Kathleen Sebelius and the So if a low-income student wants to go The reason we have the best system Department of Health and Human to the University of Tennessee or is, for one reason, because generally Services to require that religious per- North Carolina or Michigan and tuition the Federal Government keeps its sons and institutions violate their goes up more than the Federal Govern- hands off those autonomous colleges, most cherished beliefs or face the con- ment says it should, mostly because of and the second reason is that students sequences. Federal policies, what happens? The can choose among those 6,000 institu- Late last year, HHS ordered all em- student cannot go to the University of tions with the money we make avail- ployers, including religious institu- Michigan or the University of Ten- able to them in grants and loans. tions, to cover in their employer insur- nessee or the University of North Caro- Rather than creating new price con- ance plans such things as sterilization, lina. Those schools have plenty of ap- trols, new mandates, and new regula- contraception, and abortion-inducing plicants. They are going to get their tions of the kind that have already drugs and devices. With very limited students anyway. So the effect will be pushed tuition higher, I suggest the exceptions, religious hospitals, univer- to make it harder for a low-income stu- President turn his race to the top sities, and charitable institutions dent to go to the college of his or her around. Instead of heading it towards would face the choice of dropping cov- choice. the States and colleges, head it to- erage for their employees or violating What should we be doing? I think it wards Washington, DC. Stop over- their consciences. is pretty obvious. The taxpayers al- charging students for their student The Nation’s Catholic bishops and ready are generous with support for loans, stop requiring States to spend many other religious institutions students going to college. The average more State dollars on health care at pleaded with this administration to tuition at a 4-year public institution is the expense of public colleges and uni- grant broader waivers to avoid jeopard- $8,200. At a 2-year community college, versities, repeal the new Medicaid izing these institutions’ constitutional it is $3,000. At private institutions, it mandates that in 2014 will take al- rights to freely exercise religion. But may be closer to $28,000 or $30,000 a ready-high tuition and drive it even the administration, rather than side year. To make it easier, there are 16 higher, and let the Federal agencies with millions of religious Americans million student loans—$116 billion in compete to see how they can stop add- who just want to be left alone to prac- new student loans last year. There are ing costs that are the main reason col- tice their own faith, decided to throw 9 million Pell grants, supported by $41 lege tuition is rising. That would be in with the most radical of proabortion billion in taxpayers’ dollars. So half the real race to the top. That is the advocates. They decided to subordinate our 25 million college students have a real way to help students afford col- our central constitutional commitment Federal grant or loan to help pay for lege. to religious liberty to a radical agenda college, and they spend it at one of Mr. President, I yield the floor. I sug- that is overtly hostile to all of these 6,000 institutions of their choice. gest the absence of a quorum. people of faith. Still, the rising cost of tuition is a The ACTING PRESIDENT pro tem- The response has been overwhelming. real problem for American families. pore. The clerk will call the roll. At church this weekend millions of Tuition and fees have soared over the The legislative clerk proceeded to American Catholics were read a letter past 10 years above the rate of inflation call the roll. from their bishops. The message was by 5.6 percent a year at public 4-year The ACTING PRESIDENT pro tem- simple, and it was powerful. This ac- institutions. This adds up to about a pore. The Senator from Nevada. tion is unjust and one with which they

VerDate Mar 15 2010 05:24 Jun 04, 2013 Jkt 099060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 J:\CRONLINE\2000-THRU-2012-ONLINE-CORRECTIONS\2012 RECORD ONLINE CORREC bjneal on DSK2TWX8P1PROD with February 9, 2012 CONGRESSIONAL RECORD — SENATE S399 will not comply. They are right, and Americans would not mind losing this Soon the Supreme Court will have they shouldn’t. The first amendment cherished liberty if they were allowed the opportunity to rule on the con- doubly protects religious liberty. It to spend just a little extra time with stitutionality of ObamaCare. What the prohibits the government establish- it? preventive services mandate confirms ment of religion and explicitly protects The Obama administration’s attitude beyond all doubt is that the constitu- the free exercise of religion, the first toward religious liberty has become tional defects in ObamaCare only begin individual right listed in the Bill of ‘‘enjoy it while it lasts.’’ And to the ad- with the insurance mandate that will Rights. That is how important reli- ministration’s surprise, the American be before the Supreme Court. There are gious liberty is to America. people have been less than enthusiastic some other issues there as well, and I In our system of government, such about this cavalier attitude toward hope the Court examines every one of fundamental rights and principles are constitutional rights. them and overturns this law. supposed to trump statutes, regula- The President of the United States The very DNA of ObamaCare is un- tions, and political agendas. The Con- takes an oath to support and defend constitutional. At its core, the law and stitution and the liberties that it pro- the Constitution, to stand for the fun- its expansion of government are a tects are supreme not the fleeting po- damental liberty of all Americans. He threat to personal liberty. The decision litically driven motivations of any par- and the officials responsible for this to implement this law in a way that ticular administration. Yet the Obama mandate have fallen far short of this forces religious institutions to violate administration, as it has always does, oath. their deepest principles is a vivid dem- has turned these priorities upside The fight for religious liberty began onstration of what happens to personal down. In this administration, politics before America was born, and it must liberty when the power of the state ex- trumps absolutely everything else, be fought continually. We can all see pands. As the state controls more and even the Constitution and religious lib- that now. It is a part of our constitu- more of our lives to further a political erty. Instead of conforming their polit- tional heritage. Our Founding Fathers agenda, our freedom is put in greater pledged their lives, fortunes, and sa- ical agenda to the Constitution, they and greater jeopardy. distort the Constitution and even lib- cred honor to defend the principle that After 3 years of this administration, erty itself to conform to their political all people are created equal and en- the American people seem to be saying agenda. dowed by God with certain unalienable enough is enough. Those responsible The politicians driving this mandate rights. The right for persons and insti- for this decision to force religious in- underestimated the American people tutions to be free to practice their stitutions to subsidize health coverage who have in succession rejected the faith without undue interference by for abortifacient drugs need to be the government is among our most sorry efforts by the administration to brought to account. The President cherished rights and liberties. defend its actions. The administration needs to answer for this. Secretary first hid behind the opinion of a pur- There was a day when liberals and conservatives, Democrats and Repub- Sebelius needs to answer for this. The portedly objective medical group that licans—everyone—joined to defend lib- Attorney General needs to answer for birth control should be included in erty. I should know. I was the principal this. How could he let this happen? health insurance plans, but the Amer- Let me say, however, that getting Republican co-sponsor of the Religious ican people knew who was ultimately answers is not enough. Congress needs Freedom Restoration Act which responsible for this rule—not some to assert its authority as the rep- brought together unprecedented grass- board of so-called experts but the resentative of the American people, roots and congressional coalitions to President and his officers. They tried defend this first freedom. They knew stand for the first amendment, and re- to minimize this mandate’s impact by that rights such as religious liberty store religious liberty by overturning arguing that many States already have rise and fall together, that religious this health care law. For those who are on the front lines similar requirements. But this was in- liberty cannot be packaged, sliced, fighting this mandate: I applaud your credibly misleading since nearly all of diced, and doled out in little pieces to courage, and please understand that those States have much broader reli- please certain interest groups. We need you are not alone; you are Democrats, gious protections. In fact, only three that same unity today because reli- States have religious exemptions as gious liberty is just as important and, Independents, Republicans, and others. narrow and limited as this new Federal sadly, just as threatened as it was in The Obama administration may not mandate. the past. care about religious liberty, but the They tried to assuage the concerns of In addition to violating the first Constitution does, and I, along with religious citizens by saying that the amendment right to freely exercise our many of my colleagues, will fight rule does not cover churches and religion, this mandate also appears to alongside you until we prevail over this houses of worship, but Americans will violate that landmark law, the Reli- unjust law. This new HHS mandate not accept only the remnant of our gious Freedom Restoration Act. It bur- cannot be allowed to stand, and I am constitutional rights that the Presi- dens the free exercise of religion and is confident that if the will of the Amer- dent chooses to recognize. Were we sup- clearly not, as the law requires, a nar- ican people prevails, it will not stand. posed to thank the Obama administra- row means of achieving a compelling I belong to a faith that has been per- tion for letting us retain a few scraps purpose. secuted and mischaracterized for many of religious liberty? There are many re- Last month the Supreme Court decades. We are the only church in the ligious institutions and organizations unanimously held that the right of re- history of America that had a Gov- that do not fit into the Obama admin- ligious organizations to decide who ernor issue an extermination order istration’s artificial, narrow categories may further their religious mission against its members. That is how bad but that just as fully exercise their trumps nondiscrimination statutes. it got in this greatest of all countries faith and religious missions. Religious The Obama administration argued that where religious liberty is without ques- liberty belongs to the Catholic hospital religious organizations are nothing tion our most valued right. We under- or the University of Notre Dame no special, that they should have no more stand what it is like to be persecuted. less than it belongs to the Catholic freedom from Federal control than, I don’t care whether one is liberal, con- Church. say, a labor union or a social club. In servative, independent, or what, and I Then, when this simmering con- other words, religious liberty is simply don’t care what religious beliefs folks troversy broke wide open a few weeks no big deal to the Obama administra- out there all have. There is no excuse ago, Secretary Sebelius thought she tion. for this type of heavy-handed, ham- could make it all go away by agreeing Writing for the entire Supreme handed, overgovernmentalization of not to impose this mandate for another Court, Chief Justice Roberts called this our religious freedom. We simply can- year. Like her boss the President she a remarkable view of religious liberty, not allow this to stand. just plain doesn’t get it. Religious lib- one that is ‘‘hard to square with the Does President Obama have the guts erty is not a bargaining chip or a deal text of the First Amendment itself, to stand up for religious liberty? If he sweetener like premium floor mats or which gives special solicitude to the doesn’t, he should not be President of an upgraded appliance. Did she think rights of religious organizations.’’ this United States. If he does, I will be

VerDate Mar 15 2010 05:24 Jun 04, 2013 Jkt 099060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 J:\CRONLINE\2000-THRU-2012-ONLINE-CORRECTIONS\2012 RECORD ONLINE CORREC bjneal on DSK2TWX8P1PROD with S400 CONGRESSIONAL RECORD — SENATE February 9, 2012 the first to compliment him for it. It Last night, I received a letter from I mentioned Senator INHOFE before, comes right down to the Constitution the U.S. Chamber of Commerce, and I my ranking member on the Environ- itself and, in many respects, I believe was very pleased to see it because they ment and Public Works Committee. I the most important provision in the support the bill Senator INHOFE and I, expect him to be in the Chamber short- Constitution. Religious liberty is some- on a bipartisan basis, were able to get ly. I cannot tell you of the trusted thing that our early leaders risked through our committee on a unani- partnership we were able to develop their lives to obtain because they were mous vote. with him that went not only for his re- persecuted because of their religious It is a rare moment in history, frank- lationship with me in working on this beliefs. ly, when the U.S. Chamber of Com- bill, but the staff-to-staff relationships I call on the President of the United merce and labor unions all come to- which have blossomed into friendships States to change this, to acknowledge gether, with everyone on the same and trust. I think what we have shown that this is a mistake, and to under- page, to say: Let’s move forward with a is that each of us can be a tough but stand that we are united—Democrats, bill. In these days of controversy and fair partner. Our staffs understand Republicans, Independents, and oth- debate—and, Lord knows, I am im- where we are coming from. But we ers—in the protection of this great lib- mersed in many of them—this is one have a bigger goal in front of us than erty. where we have been able to carve out a our differences; that is, our agreement Mr. President, I suggest the absence very important consensus, not only in that it is our responsibility to fix our of a quorum. the Environment and Public Works aging roads and highways and bridges— The ACTING PRESIDENT pro tem- Committee but in the Banking Com- our infrastructure—to put people back pore. The clerk will call the roll. mittee—where Senators JOHNSON and to work, to boost our economy, and, as The legislative clerk proceeded to SHELBY work together—to get a piece Senator INHOFE has talked about very call the roll. of this bill done. often, with examples that are in many Mrs. BOXER. Mr. President, I ask In the Finance Committee—where ways heart breaking, we have problems unanimous consent that the order for Senators there are led by Senator BAU- with safety in our Nation. We have the quorum call be rescinded. CUS—they were able to hammer out a bridges that are crumbling. We have The PRESIDING OFFICER (Mr. tough and important agreement to seen them with our own eyes. We can- BROWN of Ohio). Without objection, it fund this bill because it has some not turn away from this because we is so ordered. shortfalls due to the fact that the high- may have disagreements on lots of f way trust fund has been going down be- other things. cause cars are getting better fuel econ- It has been a long but a very worth- CONCLUSION OF MORNING omy—and that is a good thing—but the while journey to get to this stage be- BUSINESS bad, unintended problem is the trust cause the payoff here, if this bill even- The PRESIDING OFFICER. Morning fund now has fewer dollars, so we run tually becomes law, is, as I said, pro- business is closed. short of what we need to keep our tecting 1.8 million jobs and creating up f bridges and highways and transit sys- to another million jobs. tems going. Again, I want to mention the Com- MOVING AHEAD FOR PROGRESS IN merce Committee. I did not thank Sen- THE 21ST CENTURY ACT—MOTION So what a moment it was to see not ators ROCKEFELLER and HUTCHISON for TO PROCEED only our committee but the Banking Committee, the Finance Committee, their work on this as well. So we have The PRESIDING OFFICER. Under and the Commerce Committee, with a four committees that are involved in the previous order, the Senate will re- couple of exceptions on a couple of pro- writing this bill. Each committee has sume consideration of the motion to visions—they did their job as well, and voted out their bills. If all goes right proceed to S. 1813, which the clerk will we are trying to work with them to re- today, and we get a resounding go- report. solve whatever matters remain in that ahead, I hope we begin with amend- The legislative clerk read as follows: portion of the bill. ments on the EPW portion, and then Motion to proceed to the consideration of But I want to quote from the letter move to add the different other bills to Calendar No. 311, S. 1813, a bill to reauthorize from the Chamber of Commerce that I this bill, until we have added all four— Federal-aid highway and highway safety con- received last night. I want to share a all the committees together—and then struction programs, and for other purposes. couple lines with everyone. I am I hope we will have a resounding vote The PRESIDING OFFICER. The Sen- quoting: and get to a conference committee. We ator from California is recognized. The Chamber strongly supports this impor- have major differences with the other Mrs. BOXER. Well, Mr. President, tant legislation. Investment in transpor- body, but I think we can work them this is a big day for those of us who be- tation has proven to grow jobs, and the need out for the good of the people and the lieve strongly that we need to focus on for Congress to act on transportation infra- thousand organizations that back us in job creation, a better business climate, structure is clear. this bill, in this effort. a bill that will, in fact, not only pro- Another quote: I also have to thank Senator HARRY tect jobs but create new jobs. That is Passing transportation reauthorization REID, the majority leader. He brought the bill we are hoping will get the go- legislation is a specific action Congress and this bill to the floor. He exerted the ahead at 2 o’clock, what we call MAP– the Administration can take right now to right kind of pressure on all of our 21, the Moving Ahead for Progress in support job growth and economic produc- committees. He encouraged us. He un- the 21st Century Act, S. 1813. tivity without adding to the deficit. derstands clearly that, as we try to get This has been—if I could use an anal- Those two quotes I think show we out of this recession—and we have seen ogy that fits—a long road to get to this have done our job well. beneficial results from our actions in a point so we can, in fact, make sure we This is a bill that is paid for. This is number of areas—this is going to mean have an adequate road system, an ade- a bill that, because of the way it was a big boost for jobs. quate highway system, an adequate written, is a reform bill, which I will go I want to also say that within my transit system, and that we make sure, into. But it also protects the jobs we committee we have what we call the as a world leader, our infrastructure— currently have, which is 1.8 million big four: it is the chairman and the our bridges, our roads—keep up with jobs in the transportation area, and ranking member—myself and Senator the demands put upon them. There are also, because of the way we have boost- INHOFE—and then it is the chairman of many demands put upon them because ed a program called TIFIA—which I the Highway Subcommittee and the we are a great nation with commerce will talk about, which is a highly lever- ranking member there; and that is Sen- and heavy-duty vehicles on our road- aged program—we have the capacity to ator BAUCUS and Senator VITTER. So I ways and railroads that cross over add over a million new jobs. Mostly honestly think if you look at the big roadways that create potential prob- these jobs are in the private sector. four, and you look at our philosophies, lems, and, certainly, we have a robust That is where they are, and that is and you look at where we are from and transit system that needs to keep up what we are focused on in this legisla- the differences we bring to the table, with the times. tion. we cover the whole Senate in terms of

VerDate Mar 15 2010 05:24 Jun 04, 2013 Jkt 099060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 J:\CRONLINE\2000-THRU-2012-ONLINE-CORRECTIONS\2012 RECORD ONLINE CORREC bjneal on DSK2TWX8P1PROD with February 9, 2012 CONGRESSIONAL RECORD — SENATE S401 the range of ideologies but are tied to- come down. But look at that construc- We must push forward for another gether by a belief that this is some- tion industry unemployment rate: 17.7 reason which I alluded to before. Amer- thing that needs to get done. And Sen- percent. These are real people with ica’s aging infrastructure is crumbling. ators BAUCUS and VITTER were with pride in what they do. And we know Let me just tell America this: Some Senator INHOFE and me every step of the housing industry has had a horrible 70,000 of our Nation’s bridge are struc- the way, for which we are very grate- time. It has stalled out, and it is in a turally deficient—70,000 of our Nation’s ful. horrible trough. bridges are structurally deficient, 50 I mentioned, I alluded to a thousand So if we can take those construction percent of our roads are not up to organizations that have been involved workers and offer them an opportunity standard. on the outside pushing us to get this to build the roads, the bridges, the If you are in your home and you have done. My hat is off to them. They make highways, the transit systems, it will little kids and someone who is an ex- up a broad coalition. I have spoken fre- put them to work and we will get that pert comes up to you, an engineer, and quently with them to give them an up- 17.7-percent rate down. says your house could easily crumble, date on how we are doing, and I have to I do not know if we have a picture of we all know what you would do. You tell you they truly represent America. that stadium. This is a picture of the would get out of there, fix it, and then Over the course of this debate, if I have Super Bowl stadium. From what I un- move the family back in. This is no dif- the time—and in many ways I hope I do derstand, it seats about 100,000. That is ferent. If somebody tells you your not have the time because I hope we what we see here. If we had 15, 15 of house is crumbling, you have to fix it. can get this done and not spend a these pictures, 15 Super Bowl stadiums’ If somebody says to us, our Nation’s whole lot of time on it because I think worth of people, that is how many peo- bridges are structurally deficient and the committees have done such a good ple are unemployed in construction. over 50 percent of our roads are not up job, but if we have excess time on the I use this not only because I watch to standard, we have to act. floor, I intend to read as many of those the Super Bowl, although my Niners My dear friend and colleague who is organizations into the RECORD as I pos- did not get in and it was upsetting, but going to manage this bill with me has sibly can because that coalition is re- because this is a picture, a visual. arrived. I will tell him, I am about 5 markable in its reach. Imagine every one of those people un- minutes away from finishing my open- They were led by the U.S. Chamber of employed times 15. It is a visual. I ing statement and yielding to him. But Commerce. It is an unprecedented coa- think it is important that we keep in he is more eloquent than anyone I have lition. They came together regardless mind we are talking about real people ever heard on two issues; one, what is of ideology and differences. Every time who have lost real jobs because of this the role of government. He makes the I look at this list, I am reminded that recession and especially the housing point, which I am not going to take essentially it is America. It is America: downturn. away from him, as to how infrastruc- business, labor groups, State organiza- This is a chance to put them to work. ture fits into that. tions, city organizations, and organiza- There is an urgent need to get this leg- He also is eloquent on the point of tions from all 50 States. islation through the conference com- safety. Because he has seen with his We received a letter from these thou- mittee and onto the President’s desk own eyes what happens if we do not get sand organizations recently, and I am because the current transportation au- our infrastructure sound and safe. We going to quote some of what they said. thorization extension expires on March have a deteriorating part of our infra- They said: 31. I wish to say to colleagues who may structure, and it needs to be fixed. be watching or staff who may be There are few federal efforts that rival the We cannot be an economic leader if potential of critical transportation infra- watching: You may have a lot of we cannot move people and goods. We structure investments for sustaining and amendments in your mind, in your cannot thrive as a nation if our people creating jobs and economic activity. . . . heart, and everybody has a right, and I are trapped in traffic and our busi- They wrote: support your right. But please think nesses are trying to move goods and very hard before you start bringing In 2011, political leaders—Republican and they are trapped in traffic. We lose 4.8 Democrat, House, Senate and the Adminis- down amendments that will slow us up. billion hours from work and we pay the tration—stated a multi-year surface trans- Those thousand organizations know we price for that in loss of productive time portation bill is important for job creation need to keep our eye on the ball, and and in dirty air. and economic recovery. We urge you to fol- these organizations are in all our As to our bill that was passed out of low words with action: States. They represent millions and the Environment and Public Works And this is what they asked us: millions and millions of American fam- Committee, I wish to say to my rank- Make Transportation Job #1 and move leg- ilies. So let’s not add extraneous mat- ing member who was not here and his islation immediately in the House and Sen- ters, please. Let’s not have frivolous staff was not here at the time that I ate to invest in the roads, bridges, [and] amendments, killer amendments. We started, I praised him to the sky—and transit systems that are the backbone of all can offer these. I have several I staff—because regardless of our dif- [our] economy, its businesses large and could offer in a heartbeat. But this is ferences on many issues, we have been small, and communities of all sizes. not the place to have our ideological able to put this country first in this Again, it is important to note, our disputes. This is a bill that is a jobs bill. surface transportation bill creates or bill. This is a bill that is good for our I am so grateful for the spirit of co- saves millions of jobs, benefiting mil- businesses. This is a bill that will save operation we have brought to our lions of American families across the 1.8 million jobs and create up to 1 mil- work, which was captured in the Bank- country. What a great signal it will lion more at a time when we must have ing Committee where Senators JOHN- send, as we struggle to get out of the that kind of wind at our back. SON and SHELBY got together, and in slowdown and we begin to see the light There is another reason. Not only the Finance Committee where many at the end of the tunnel. This will be a does the highway bill expire in March, Republicans joined our Democratic very large light because there are very but we also know the trust fund is run- friends to figure out a way to fund this few other things we can do here that ning out of money for projects already responsibly, and in the Commerce have the reach of a transportation bill. in the pipeline. So we have to find a re- Committee where we have one or two Let’s talk about the construction in- liable and stable source of funding. little hiccups, but I do believe we are dustry. According to the most recent Senator BAUCUS and his Finance Com- going to resolve them. I am proud we unemployment figures, there are 1.5 mittee have come up with a way to re- were out there first showing we could million construction workers out of sponsibly fill this shortfall. I cannot do this. work, with the industry facing an un- thank them enough, the Democrats People said all over the Senate: If employment rate of 17.7 percent. Con- and Republicans on that committee. BOXER and INHOFE can do this, any- struction workers are out of work. Thank you. Because what you have thing is possible. I show you a chart I have in the done is to have come up with some MAP–21 is a reform bill, and I am Chamber. The national unemployment very good ways to pay for the shortfall, proud about that. It consolidates 90 rate is 8.3 percent. We want to see that and those ways do no harm. programs into less than 30. It focuses

VerDate Mar 15 2010 05:24 Jun 04, 2013 Jkt 099060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 J:\CRONLINE\2000-THRU-2012-ONLINE-CORRECTIONS\2012 RECORD ONLINE CORREC bjneal on DSK2TWX8P1PROD with S402 CONGRESSIONAL RECORD — SENATE February 9, 2012 on key national goals. It gives greater He said: The American people deserve to have flexibility to the States to invest in Lately driving is not as much fun as it their elected officials work together to their top priorities. It eliminates ear- used to be. Time and wear have taken their solve our pressing problems, and that marks. It establishes performance toll on America’s roads and highways. is what we did. The bill before us is measures to improve accountability. It He said it well. So we have Demo- thoroughly bipartisan, and therefore accelerates project delivery, and it pro- cratic Presidents, Republican Presi- nobody will think it is perfect, but it is vides resources for a new national dents, Democratic Senators, Repub- a very strong commitment to our freight program. lican Senators all working in a bipar- transportation systems and to the This bill is responsible. It continues tisan way. Votes on these bills have health of our businesses, workers, and the current level of funding plus infla- been overwhelming, 79 to 8; 372 in the communities that depend on it. tion which, as I said, protects 1.8 mil- House to 47—all of our President’s sign- I say today is a good day. I have tried lion jobs. The TIFIA Program, which ing these laws. Historically, major sur- to thank everyone I can think of who Senator INHOFE and I agreed to in- face transportation legislation has re- had anything to do with it. It is my crease, which stands for Transpor- ceived overwhelming bipartisan sup- privilege now to yield the floor and tation Infrastructure Finance and In- port. look forward to the comments of my novation Act, is also embraced by In 1991, the Intermodal Surface ranking member. Chairman MICA over on the House side. Transportation and Equity Act, The PRESIDING OFFICER. The Sen- So Republicans and Democrats agree ISTEA, with a Senate Democratic ma- ator from Oklahoma is recognized. that by making more funds available jority, passed by a vote of 79 to 8. The Mr. INHOFE. Mr. President, I am not through TIFIA, we can mobilize up to House, with a Democratic majority, sure, I say to my good friend Senator $30 billion more from the $1 billion we passed it by a vote of 372 to 47. Presi- BOXER, she is going to be too excited have placed in that fund and create up dent George H.W. Bush signed it into about some of the things because what to 1 million jobs. law. At the December 18, 1991, signing I wish to do is establish what is unique I wish to thank the mayor of Los An- ceremony, President Bush said: about this bill. geles and the Chamber there and the ISTEA is ‘‘the most important transpor- There is a committee in the Senate. workers there who brought the idea of tation bill since President Eisenhower start- It is not like any committee in the leveraging to my attention. I wish to ed the Interstate System 35 years ago . . . House. In the House, they have two say that Tom Donahue, of the U.S. this bill also means investment in America’s separate committees. It is called Envi- Chamber, president there, Richard economic future, for an efficient transpor- ronment and Public Works. So it is two Trumka, the president of the AFL and tation system is absolutely essential for a almost unrelated committees. Our many business and labor groups productive and efficient economy.’’ committee has more jurisdiction than throughout our Nation supported this In 1998, the Transportation Equity any other committee in the Senate, TIFIA Program to stretch taxpayer Act for the 21st Century, TEA–21, with but it handles things that are totally dollars in a safe way. a Senate Republican majority, passed different. Again, they have done that in the by a vote of 88 to 5. The House with a I will sound a little partisan right House bill as well, which is very good Republican majority, passed it by a now, but I am very concerned about for us. vote of 297 to 86. President Bill Clinton President Obama and what he has done I am proud of this bill and the re- signed it into law. to this country in terms of the deficit. forms in it. I am proud of working rela- In 2005, the Safe, Accountable, Flexi- A lot of people do not realize that the tionships we have established across ble, Efficient, Transportation Equity budgets actually come from the Presi- party lines in our committee. I could Act: A Legacy for Users, SAFETEA– dent—not the Democrats, not the Re- say, very honestly, there are a lot of LU, passed the Senate, with a Repub- publicans, not the House and the Sen- things this bill does not have that I am lican majority, by a vote of 91 to 4. The ate. Those budgets have had deficits of sorry about, that I wanted to see in House, with a Republican majority, around $41⁄2 trillion. I have been very there. I am not going to detail those. passed it by a vote of 412 to 8. Presi- upset about that. But I know Senator INHOFE feels the dent George W. Bush signed it into law. I am upset about what the President same way. But there were certain Elected officials are not the only peo- is doing with the military right now. If things that were lines in the sand for ple who recognize the importance of we have to go through the sequestra- each of us, and it was a give and take maintaining our transportation sys- tion as is planned, we are going to lose that resulted in this compromise which tems. The American public also sup- about $1 trillion in defense spending is a good bill—a good solid bill. ports rebuilding the Nation through in- over the next 10 years. The third area We put those controversial issues frastructure investment. is in energy. We have the opportunity aside for the good of the Nation. I will According to a poll released last Oc- to be totally energy self-supporting close with this. Ever since Dwight Ei- tober by CNN, 72 percent of Ameri- just by developing our own resources, senhower started us on a path to build cans—and 54 percent of Republicans— but the problem is a political problem. the Interstate Highway System, trans- support ‘‘increasing federal spending to The fourth area is over regulation. portation has been a bipartisan effort. build and repair roads, bridges and I say this because my good friend, I asked my staff to research some of schools.’’ the chairman of the Environment and the comments made by President Ei- Roads and bridges are neither Demo- Public Works Committee, would dis- senhower in 1963 when he established cratic nor Republican, and all elected agree with me in all those areas be- the Federal Interstate Highway Sys- officials need to leave partisanship on cause we do not agree. I look at the tem. this issue at the door. Bipartisanship is regulations and the fact that, in my Actually, he wrote his autobiography the only way to get the job done, and opinion, they are driving our manufac- in 1963. He established the System in Senator INHOFE’s and my partnership turing base overseas. I see the crown 1956. in this effort is proof positive that it jewel of all regulations is cap and This is what he said: can be done. trade. They tried their best to do it. More than any single action by the govern- Senator INHOFE and I do not agree on They had the McCain-Lieberman bill in ment since the end of the war, this one many issues, but we found common 2003 and again in 2005. We had the would change the face of America with ground on this one. We agree that we straightaways, cloverleaf turns, bridges, and Boxer bill—several Boxer bills that elongated parkways. Its impact on the Amer- must invest in our aging transpor- Senator BOXER was involved in—cer- ican economy—the jobs it would produce in tation systems, we must boost the tainly Waxman-Markey. manufacturing and construction, the rural economy, we must put people back to We defeated them all, and now what areas it would open up—was beyond calcula- work, and we must pay for it in a way the President is trying to do is do tion. that is not divisive or partisan. Neither through regulation what he could not It is very important to note how bi- Senator INHOFE nor I got our wish list do through legislation. I only say that partisan this is. Ronald Reagan in 1982, in this bill, but we do have a bill that because I am in agreement with the ‘‘More efficient roads mean lower both of us can support. At the end of chairman of the committee, Senator transportation costs.’’ the day, that is what matters. BOXER, on most of what she just said

VerDate Mar 15 2010 05:24 Jun 04, 2013 Jkt 099060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 J:\CRONLINE\2000-THRU-2012-ONLINE-CORRECTIONS\2012 RECORD ONLINE CORREC bjneal on DSK2TWX8P1PROD with February 9, 2012 CONGRESSIONAL RECORD — SENATE S403 because of the significance of this. I am Commerce Committee with Senator where we are doing what most people going to repeat what I said yesterday, ROCKEFELLER as chairman and Senator consider to be earmarks and trying to I guess it was, or the day before. When HUTCHISON as ranking member, the Fi- help our friends. That is not what we rankings come out, historically since I nance Committee with Senators BAU- do in Oklahoma. This system, frankly, have been in the House and the Sen- CUS and HATCH, and the Banking Com- works very well. ate—I came to the Senate in 1994—I am mittee—that is TIM JOHNSON and RICH- So now we go back to the extensions. always ranked among the most con- ARD SHELBY from Alabama—have done Here is the problem with extensions. servative Members. their work now. Our 2005 bill expired in 2009. We have My good friend Senator BOXER is Ours is the highway title. In my now gone through eight extensions. ranked among the most liberal Mem- State of Oklahoma, because of the con- The problem we have with extensions bers—progressive, liberal. But what I dition of the bridges and highways—the is that we cannot do anything creative. appreciate about her is that she is a last time I looked, I think Missouri and We cannot change, reform the system. sincere liberal. Oklahoma tied at dead last in the con- We just have to take the money that is She understands that. In her feelings, dition of our bridges—we had a young available and try to use it as best we she believes government should be in- lady—and I have told this story many can. But we cannot not reform a sys- volved in more things than I do. I has- times; this is most compelling. This tem that needs to be reformed. ten to say this again, that while I have young lady—a mother of three small I have said some things that were not been historically considered the most children in Oklahoma City—drove all that complimentary about my part- conservative Member, I am a big spend- under one of our bridges and a chunk of ner—in this case, Senator BOXER. We er in two areas. One area is national concrete dropped off and killed them. have served together for years in try- defense—I am very concerned about These are serious matters. So bridges ing to overcome these obstacles. On the what is happening in national defense— have dropped, just as one did in Min- highway title of the transportation bill the other area is infrastructure. nesota and down in south Texas. Way back when I was in the House We have had so many times when that we are going to be voting on, we and on the Transportation Infrastruc- crumbling infrastructure has given have done a good job. When I think ture Committee, at that time we way. I remember when they considered about the reforms—and I compliment worked very hard for a robust bill, for Oklahoma—since we became a State in Senator BOXER. She has been in a real reauthorizing the transportation sys- 1907, we are one of the newer States— tough position with some of the more tem. We were successful. That was people didn’t think we had infrastruc- liberal members of her party and in back in the good-old days, I say to Sen- ture problems. They thought that was some of the things to which she has agreed. We sat down and worked out ator BOXER, when we always had sur- just confined to California, New York, pluses in the highway trust fund. and the older parts of the country. the differences in a lot of these prob- The highway trust fund probably That is not true anymore because in lems. goes down as the most popular tax in many of those older parts the infra- State flexibility, we have that in this history because people know, since structure has been rebuilt while some bill, which we have never had before. I 1953, it has been a trust fund where peo- of the newer States have been ignored. have always been a believer that we are ple pay their 18 or so cents per gallon, That is why in Oklahoma it is critical. the guys who are in the best position to and it goes to maintaining those roads People say they don’t want ear- determine the needs of the States. they are driving on. So it is directly re- marks. Senator BOXER said: We don’t I have often said I have served on the lated to the gasoline purchased. have earmarks. State level of government; I have been Then some things happened. First of I would like to discuss that because I mayor of a major city. I believe the all, I can remember when we had sur- am a strong believer as opposed to the closer you get to the people, the more pluses. So everybody who had their people who don’t want us to do what we responsible government is. I believe own deal wanted to get in on surpluses, are supposed to be doing when we were that to be true. That is what we have and they started expanding the high- sworn to uphold the Constitution, arti- done. We have done that in the flexi- way trust fund expenditures beyond cle I, section 9—we should be the ones, bility that we have given the States in just maintaining and building roads. the House and Senate, to do the appro- our program. That was one of the problems. Then priating and the authorization. By say- Senator BOXER mentioned that we along came a lot of the changes. When ing we are not going to do it and defin- cut down the number of programs by they talk about electric cars, whether ing earmarks as appropriations and au- two-thirds. We are down to one-third in one is for them or against them, and thorization, I can see why Democrats the number of programs we had before. mandating gas mileage, that reduces lined up to do away with earmarks in a That is major reform. the proceeds dramatically. In the be- recent vote because that turns it over NEPA: We have done streamlining, ginning, I think they probably should to President Obama, and he was very which is something we have tried to do have had the highway trust fund supportive of that. for a long time. Let me mention the geared to a percentage instead of cents. Some Republicans are going to talk Now fast-forward to recent times and about that again. This is not some- one area of reform that I want every- we have a deteriorating system. I was thing that is a problem with this bill. body to listen to because this is signifi- proud of the Environment and Public In this bill, we have things that come cant. We have had a friendly disagree- Works Committee I have been talking from the needs of our States. We have ment, Senator BOXER and I, on trans- about. In 2006, prior to the last elec- a secretary of transportation in Okla- portation enhancement. These are tion, I was chairman because the Re- homa who has been before our com- things we could argue do not affect publicans were in the majority. At that mittee numerous times because that transportation directly. I have always time, we did the 2005 highway reau- secretary of transportation has been in believed these things we spend money thorization bill, and it was $286.4 bil- that job for many years now. Before on that comes from the highway trust lion—a very robust bill. Yet we could that, he was director of transportation fund should go into transportation pretty much document that we didn’t for, I think, 30 years. There is nobody projects. But they have not. Two per- do anything new in that bill. We just who is more knowledgeable on that cent of the highway funding is required maintained what we had. It expired in issue. to go to enhancements. That equates 2009. Since then, we have been oper- So we checked—and I do—with the to 10 percent of the surface transpor- ating on extensions. department of transportation in Okla- tation money. This is significant. Before I get on to homa on their prioritizing of projects. So we can use 10 percent or 2 percent, operating on an extension, I will men- We have a system—and I wish all depending on which one we are apply- tion what we are talking about, Sen- States had this system. We have trans- ing it to. If we take 2 percent of the ator BOXER and I. Our Environment portation districts and chairmen of the total funding, that is a lot of money. and Public Works Committee has the districts. They can use the same cri- Enhancements are things people criti- jurisdiction over the highway title of teria throughout Oklahoma, and they cize us for. I think that criticism is the bill. Some things are controversial. determine what should be fixed and just. Not many. I don’t know of anything where the money should be spent. So it How did we handle this situation and controversial in the highway title. The is not a political decision, a decision get a highway bill in the highway title

VerDate Mar 15 2010 05:24 Jun 04, 2013 Jkt 099060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 J:\CRONLINE\2000-THRU-2012-ONLINE-CORRECTIONS\2012 RECORD ONLINE CORREC bjneal on DSK2TWX8P1PROD with S404 CONGRESSIONAL RECORD — SENATE February 9, 2012 portion? We sat down and worked out mayor of the second largest city in dent Obama. Not only did George W. something right here on the floor of Oklahoma. My phone rings off the hook Bush leave him this kind of deficit, but the Senate and said there has to be an about programs that need to be com- he left him the worst recession since answer. In Oklahoma, we don’t even pleted in our highway system in Okla- the Great Depression, a total collapse want enhancements. How can we han- homa. I sometimes look at people who of Wall Street, bleeding jobs—800,000 a dle this? We worked out an agreement demagog the issue and talk about: Oh, month. Yet we have turned it around. that a State, at its own decision level, no, we don’t want to spend all this. The President has shown magnificent is able to use this 2 percent of the total There is one area where conservatives leadership—saved Detroit. highway funding that would go to en- and liberals alike should be spending— My friend further said that another hancements in any way they want to two areas—national defense and infra- place we disagree—and he is right—is do it, and primarily in taking care of structure. that President Obama is driving manu- some of the unfunded mandates, the re- I remember when Congresswoman facturing overseas. No. The Tax Code, quirements there, where the govern- BACHMANN was talking around the which the Republicans support, which ment is saying to people in Oklahoma country about the spending during the rewards companies for moving over- that this is what they have to do— earmark argument. They got back to seas, is very much responsible for that. some endangered species stuff and Minnesota and talked about the needs So that proves the point. We get mad those things, they can use it this way. for transportation. She said, ‘‘I am not at each other. He is annoyed now that In my State, we cannot have any of talking about transportation.’’ I am saying these things, and I was an- the 2 percent going to enhancements. That is the point we need to get noyed at him for saying what he said. Other States feel differently. This is across. Of course, I throw in national But the great news today is that we are not one size fits all. defense, but that is not in this discus- here to pass a bill. So we have the opportunity that they sion. Transportation infrastructure is My friend said I had a problem with can do what they want. These are re- something we have to do. In Oklahoma, liberal Members in my own party. I forms. We never had reforms like those we are going to do our part, do every- have to say there was concern, for sure. before. I am proud we are able to do it. thing we can to get with the bill. It is He is right. But once I explained to I compliment the chairman of the com- them that the ranking member and I mittee for being willing to do this, for not going to change anything except have to work together, they were ter- taking the time to talk to her col- for the fact that it is going to be able leagues and say: All right, the choice is to handle that. rific about it. And I think some of my not do we want a perfect bill for Demo- Oh, I didn’t see—but I am managing colleague’s Republican friends said the crats or do I want one for Republicans. the time. same. They said: OK, we have to make I think we have a pretty near perfect By the way, I want to comment, Mr. this happen. So I congratulate all bill for Republicans on the highway President—— Members on both sides of the aisle who Mrs. BOXER. Wait a minute, the title. I am very proud of what we have put aside these really tough differences come up with. Nonetheless, it has been Senator is not managing. we have, and you just saw a little bit of Mr. INHOFE. Maybe I am not. heavy lifting. I applaud the chairman it. Mrs. BOXER. Well, we are both man- of the committee. I am not going to get into the cli- I want to go back to this extension. aging the time. mate change area because my friend If we were to continue to operate on Mr. INHOFE. We are both doing it. believes it is the greatest hoax and I extensions, the amount of money we All right. believe it is a scientific fact. would be spending on highways would What I am saying is that shouldn’t We could go on and on with these ar- reduce by about 34 percent, about one- really be a Democrat-Republican man- guments. It would be interesting. It third. If we talk to Gary Ridley in agement here because there are a lot of would be like ‘‘Crossfire.’’ Do you re- Oklahoma as to what that would do in Democrats who agree with me and a lot member that show where two people terms of our program that we already of Republicans who agree with Senator got up there and argued? Yes, we could have online, we would have to default BOXER. But we do have the junior Sen- do that in every way. But in this bill on some contracts. We would have to ator from Kentucky here who wants to we have decided to fight for what we be in a situation where we are not able be heard. believe in but at the end of the day get to do the things that are in our 5-year Mrs. BOXER. Well, I do have some re- a bill we believe is fair. plan in Oklahoma. We think things out marks I would like to make. Did my friend want me to yield? in Oklahoma. We go over the State and The PRESIDING OFFICER. The Sen- Mr. INHOFE. No. I just wanted to say make determinations. It is done out- ator from California. that this should be very visible to ev- side of the political system by people Mrs. BOXER. I thank the Chair. eryone. How could you and I agree and charged with different transportation I think Senator INHOFE and I will feel so strongly about infrastructure in districts. I can tell you now that it will have to talk about how we are going to America when we have such diverse be—it is a life-threatening issue. If we yield back and forth, but at this point opinions philosophically? My case are dropping down by 34 percent, it will I had not finished my remarks and I rests. be a serious problem. wanted to respond to his. Mrs. BOXER. You made the point. I I suggest to every Member of the We are here as partners on this bill. was happy when you made the point Senate, before they make final deci- We are not partners on a lot of things. because it gave me a chance to argue sions on the bill, call their director of And I didn’t say, when I opened my re- with you, and we both enjoy that, and highways in their States and talk to marks, where we are not partners, but we will continue. Our friendship is them. Talk to your State legislators, my friend did, so I am going to respond deep. We each know when we talk to Democrats and Republicans, conserv- to his opening comments in which for each other that it is from the heart. atives and liberals alike. This is the some reason he wanted to open by say- But when it comes to this particular one area where they will agree. In ing that the one place we differ—and he issue, we both agree we have to get a Oklahoma, they are in agreement. is right on this—is that he blames bill done. So much is dependent upon They want to have a highway bill. President Obama for the deficit. Now, I it. They look to constituents and say this want to put this on the record: I do I just received a letter from the is life threatening and we have to do a not. Let me tell you why. When Bill Americans for Transportation Mobil- better job. This is a partnership thing. Clinton was the President of these ity. Mr. President, I ask unanimous We are going to have more flexibility United States, he turned over a boom- consent to have printed in the RECORD for State programs, streamlining, and ing surplus of $236 billion to George W. the letter to which I am referring. are not going to be encumbered by Bush, and it didn’t take him but the There being no objection, the mate- mandatory enhancements. I don’t blink of an eye to turn those surpluses rial was ordered to be printed in the know of one member of the Oklahoma as far as the eye could see into raging RECORD, as follows: House or Senate who doesn’t want this. deficits, and he left President Obama a WASHINGTON, DC, February 8, 2012. What is wrong with doing what the $1.4 trillion deficit, for which my col- TO THE MEMBERS OF THE UNITED STATES people at home want? I used to work as leagues on the other side blame Presi- SENATE: The Americans for Transportation

VerDate Mar 15 2010 05:24 Jun 04, 2013 Jkt 099060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 J:\CRONLINE\2000-THRU-2012-ONLINE-CORRECTIONS\2012 RECORD ONLINE CORREC bjneal on DSK2TWX8P1PROD with February 9, 2012 CONGRESSIONAL RECORD — SENATE S405 Mobility (ATM) Coalition is a nationwide ciety of Civil Engineers, the Inter- Without the certainty of a multi-year bill, group representing business, labor, highway national Union of Operating Engineers, current problems become harder to solve as and public transportation interests that ad- the Laborers’ International Union of highway and transit conditions worsen and vocate for improved and increased invest- North America, the National Asphalt land, labor, and materials get more expen- ment in the nation’s aging and overburdened sive. Absent passage of a multi-year reau- transportation system. The ATM strongly Pavement Association, the National thorization, there will be continued uncer- supports the motion to proceed to S. 1813, Stone, Sand, and Gravel Association, tainty and erratic funding for critical infra- ‘‘Moving Ahead for Progress in the 21st Cen- the United Brotherhood of Carpenters structure investments and the public and the tury’’ (MAP–21), and urges the Senate to pass and Joiners of America, and the U.S. private sectors would continue to respond by a multi-year reauthorization of highway, Chamber of Commerce. delaying projects, withdrawing investment, public transportation and safety programs Now, I have to say—— and laying off employees. that both includes reforms to the federal Mr. INHOFE. Will the Senator yield We encourage you to support the motion to programs and maintains, at minimum, FY for a question. proceed to S. 1813. 2011 investment levels adjusted for inflation Mrs. BOXER. Yes, but let me make Of course, Mr. President, that is the before the expiration of the six-month exten- one statement. This list I have just motion we will be voting on today at 2 sion of current law on March 31, 2012. At a time of continuing economic stagna- read represents America—Republicans, p.m. tion in the construction sector, slow U.S. Democrats, and Independents. They continue: economic growth, and increasing competi- Yes, I yield. The ATM Coalition stands ready to bring tive pressures, multi-year highway and tran- Mr. INHOFE. Even though we haven’t together business, labor, highways and tran- sit reform and investment legislation is crit- ironed out how to handle time, we have sit stakeholders to provide Congress the pub- ical for boosting productivity, U.S. economic a Senator who wanted to speak 20 min- lic support to pass an adequately funded competitiveness and supporting jobs. A utes ago, and if we could, I would love multi-year surface transportation bill by study released last week by the Associated to get back into the dialog. March 31, 2012. Equipment Distributors found that over two Mrs. BOXER. I am finishing this, and On the issue of the enhancements, we years, one dollar spent on infrastructure then I will yield the floor and am already had a vote on enhancements construction produces roughly double ($1.92) before, and we turned back proposals to the initial spending in direct and indirect happy to have him speak. I felt this economic output. The long-term impact is was opening time for the chairman and do away with enhancements. So what also significant, with a dollar in aggregate the ranking member to lay down their we did in this bill is we said to the public infrastructure spending generating case, and I am not about to let an at- States: Guess what, you have much $3.21 in economic output (GDP) over a 20- tack on the President of the United more flexibility. year period. States of America go unanswered. I am I have to tell you—and I won’t do it We commend the Senate committees that not going to do it. So if we are going to now, but perhaps Senator PAUL is helped craft S. 1813, a bi-partisan bill for sta- go down that road, we are going to going to speak about these enhance- bilizing federal transportation funding mech- ments—we know for sure that these en- anisms for the near-term and avoiding draco- have a give-and-take. If we are going nian cuts amounting to one-third of total down the road I hope we will go down, hancements—and I think that is the federal investment in highway, transit and it is about getting this bill done. wrong name because they are really safety programs. Cuts of this magnitude So let me talk about this letter, and safety projects—have saved lives be- would accelerate the deteriorating perform- then I will yield the floor. And I say to cause they fund things such as pedes- ance of the nation’s surface transportation my ranking member, we will decide trian paths and safe passageways for network, greatly undermine U.S. economic how to divide the time, and we should. kids to get to school. So while my col- growth and competitiveness, and result in That is fine with me. league and I may differ, I strongly be- the real loss of hundreds of thousands of jobs lieve Congress stands behind—I should across the country. This bill includes impor- They say in this letter: tant policy reforms that would improve the We commend the Senate committees that say the Senate stands behind con- delivery of transportation improvements by helped craft S. 1813, a bi-partisan bill for sta- tinuing to fund these safety projects, consolidating programs, reducing red tape, bilizing federal transportation funding mech- and we have given the States far more and leveraging private sector resources. anisms for the near-term and avoiding draco- flexibility. So I hope we will defeat any The ATM Coalition will strongly oppose nian cuts amounting to one-third of total amendment to remove the ability of any amendments to reduce the funding levels federal investment in highway, transit and our States to determine which of those safety programs. established in this legislation, and remains safety projects they want because we committed to working with Congress to find They are talking about the fact that have the facts behind us—13 percent of reliable revenue streams sufficient to sup- the highway trust fund is a third of port the long-term growth and the fiscal sus- traffic fatalities involve pedestrians where it should be. That is why we are and bicyclists. I feel we give our States tainability of the Highway Trust Fund. so happy that the Finance Committee, Without the certainty of a multi-year bill, the opportunity, and if Oklahoma current problems become harder to solve as on a bipartisan vote, is replacing these doesn’t have any of these problems be- highway and transit conditions worsen and funds. cause it is a much more rural State The letter goes on to talk about what land, labor, and materials get more expen- than California, I am happy with that. would happen if we didn’t do this bill. sive. Absent passage of a multi-year reau- But we have to understand that these thorization, there would be continued uncer- Cuts of this magnitude would accelerate are safety projects, and I hope we will tainty and erratic funding for critical infra- the deteriorating performance of the na- structure investments and the public and tion’s surface transportation network, great- defeat any amendment that tries to re- private sectors would continue to respond by ly undermine U.S. economic growth and duce the ability of the States to fund delaying projects, withdrawing investment, competitiveness, and result in the real loss these projects. and laying off employees. of hundreds of thousands of jobs across the I yield the floor. We encourage you to support the motion to country. This bill includes important policy The PRESIDING OFFICER. The Sen- proceed to S. 1813. The ATM Coalition stands reforms that would improve the delivery of ator from Oklahoma. ready to bring together business, labor, high- transportation improvements by consoli- Mr. INHOFE. Mr. President, I ask ways and transit stakeholders to provide dating programs, reducing red tape, and unanimous consent that the junior Congress the public support to pass an ade- leveraging private sector resources. quately funded multi-year surface transpor- Senator from Kentucky be recognized Additionally, this great coalition, for up to 7 minutes. He has been trying tation bill by March 31, 2012. which is comprised of the chamber of Sincerely, to get on for quite some time. I think commerce, the unions, and business, AMERICANS FOR TRANSPORTATION MOBILITY. that is agreeable with everyone. says: Mrs. BOXER. I want to tell you who The PRESIDING OFFICER. Is there The ATM coalition will strongly oppose signed this letter. And my friend may objection? Without objection, it is so any amendments to reduce the funding levels ordered. not have seen it. The American Public established in this legislation, and remains Transportation Association, the Amer- committed to working with Congress to find The Senator from Kentucky. ican Road and Transportation Builders reliable revenue streams sufficient to sup- FOREIGN AID TO EGYPT Association, the Associated Equipment port the long-term growth and the fiscal sus- Mr. PAUL. Mr. President, I wish to Distributors, the Association of Equip- tainability of the Highway Trust Fund. commend the Senator from Oklahoma ment Manufacturers, the Associated This next quote from their letter is on being a leader in trying to repair General Contractors, the American So- so important: and restore our infrastructure. I think

VerDate Mar 15 2010 05:24 Jun 04, 2013 Jkt 099060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 J:\CRONLINE\2000-THRU-2012-ONLINE-CORRECTIONS\2012 RECORD ONLINE CORREC bjneal on DSK2TWX8P1PROD with S406 CONGRESSIONAL RECORD — SENATE February 9, 2012 the Senator from Oklahoma has shown American citizens. This must not be al- VIOLENCE AGAINST WOMEN REAUTHORIZATION that this is a bipartisan issue. lowed to stand. ACT OF 2011 I rise today not only to support the The American people should be con- Mr. President, I ask unanimous con- bipartisan nature of rebuilding our in- cerned. We are subsidizing behavior, sent to have printed in the RECORD let- frastructure but also to address an ur- through U.S. taxpayer foreign aid to ters in support of the reauthorization gent concern regarding what is hap- Egypt, that is leading to and allowing of the bipartisan Violence Against pening in Egypt. I rise to introduce an for the unjust detainment of American Women Reauthorization Act report. amendment to suspend foreign aid to citizens in Egypt. Egypt is one of the There being no objection, the mate- Egypt until they release our American largest recipients of foreign aid, total- rial was ordered to be printed in the citizens. ing over $70 billion over the last half RECORD, as follows: The situation in Egypt over the past century. Egypt’s ruling military has NATIONAL TASK FORCE TO END SEX- year has been tumultuous, and their itself received $1.3 billion in foreign aid UAL AND DOMESTIC VIOLENCE people and government stand at a mo- every year since 1987, and they have AGAINST WOMEN, ment where they will choose their fu- February 9, 2012. the gall to hold American citizens hos- DEAR REPRESENTATIVE: We, the under- ture. Will they stand for freedom? Will tage. This must end. they choose to stand with the United signed organizations, represent millions of Not everyone in this body agrees on victims of domestic violence, dating vio- States? The choice is entirely theirs, of foreign policy or on the role of U.S. for- lence, sexual assault and stalking, and the course, but their recent actions are eign assistance. But the reckless ac- professionals who serve them, throughout troubling and should give us reason to tions of Egyptian authorities in this the United States and territories. On behalf reconsider our significant aid to the matter should bring us together to of the victims we represent, we ask that you support the Violence Against Women Act’s Government of Egypt. form one undeniable conclusion: Amer- What bothers critics of our foreign (VAWA) reauthorization. ican foreign assistance dollars should policy is the disconnect between hope VAWA’s programs support state, tribal and never be provided to any country that and reality. Well-intentioned people local efforts to address the pervasive and in- bullies our citizens, recklessly seeks to sidious crimes of domestic violence, dating vote to give aid to countries in hopes arrest them on imaginary charges or violence, sexual assault and stalking. These they will promote freedom, democracy, denies them access to their most basic programs have made great progress towards and the interests of the United States rights. keeping victims safe and holding perpetra- abroad. Too often, though, it does none tors accountable. This critical legislation of those things. Instead, it enriches Egypt must immediately stop the de- must be reauthorized to ensure a continued dictators and emboldens governments tainment and prosecution of these response to these crimes. that act against our interests. American citizens. If they fail to do so, Since its original passage in 1994, VAWA Right now American citizens who then we have the moral obligation to has dramatically enhanced our nation’s re- work for prodemocracy organizations immediately end their foreign aid. The sponse to violence against women. More vic- time for action is now. tims report domestic violence to the police in Egypt are being held hostage. There and the rate of non-fatal intimate partner vi- really is no other way to put it. These I will offer an amendment to suspend olence against women has decreased by 53%. innocent American citizens are not Egypt’s foreign aid until our American The sexual assault services program in being allowed to leave Egypt and are citizens are released. It is our duty as VAWA helps rape crisis centers keep their facing trial by a military government. our people’s representatives to ensure doors open to provide the frontline response This situation has been allowed to es- no more American taxpayer dollars to victims of rape. VAWA provides for a co- calate by the Obama administration will flow to Egypt until they rescind ordinated community approach, improving over the past several months, as au- the charges against innocent Ameri- collaboration between law enforcement and cans and allow them to peacefully victim services providers to better meet the thorities in Egypt have accelerated a needs of victims. These comprehensive and cynical war against these prodemoc- leave the country. The American peo- cost-effective programs not only save lives, racy forces—these individuals who are ple are behind this, and I advise the they also save money. In fact, VAWA saved American citizens—in an attempt to Senate to consider that we should no nearly $12.6 billion in net averted social gain support from radicals who are longer send foreign aid to a country costs in just its first six years. convinced that NGOs represent a West- that is illegally detaining our citizens. VAWA has unquestionably improved the ern plot to undermine Egypt. These ex- I yield the floor. national response to these terrible crimes. tremists seek to impose their own We urge you to support VAWA’s reauthoriza- The PRESIDING OFFICER (Mrs. tion to build upon its successes and continue agenda in Egypt and are determined to HAGAN). The Senator from Vermont. to enhance our nation’s ability to hold per- prevent Egypt’s democratic process as Mr. LEAHY. Madam President, with petrators accountable and keep victims and much as possible. the Senator from Kentucky still on the their children safe from future harm. The Supreme Council of the Armed floor, I appreciate what he has said, We look forward to working with you Forces in Egypt—the ones responsible throughout the reauthorization process. If and I am glad he has shown support for for the transition—has demonstrated you have any questions, please feel free to the Leahy amendment which passed in that they are not only willing but are contact Juley Fulcher with Break the Cycle the last foreign aid bill. in the process of using American citi- at [email protected], Rob Valente with the National Council of Juvenile and zens as scapegoats for the continual There was a lot of pushback from a number of people, the administration Family Court Judges at upheaval in Egypt. Their actions do [email protected], or Terri Poore not illustrate a significant democratic and on the Senator’s side of the aisle, initially, when I wrote into the law with the National Alliance to End Sexual Vi- transition. In fact, they are encour- olence at [email protected]. aging and provoking distrust among that said it would suspend any money— Sincerely, the Egyptian people by making false $1.3 billion—for the military, unless 9to5, National Association of Working allegations about the nature of these there was a certification that they Women; A CALL TO MEN; AAUW; Alianza- American citizens. were upholding the moves necessary National Latino Alliance to End Domestic In the aftermath of the Arab revolu- toward democracy. Violence; Alternatives to Family Violence; As a result, all the money the Sen- American Association of University Women; tion and the toppling of the authori- American Civil Liberties Union; American tarian Mubarak government, Egypt ator is concerned about is being held College of Nurse-Midwives; American Indian finds itself in critical need of support back because of the Leahy amend- Housing Organization (AICHO); American in order to build a functioning demo- ment—which is joined in by Senator Probation and Parole Association; American cratic system. Yet, in late December, GRAHAM, whom I see coming onto the Psychiatric Association; Americans Overseas Egyptian authorities abruptly raided floor—when we did the Foreign Oper- Domestic Crisis Center; ASHA for Women; the offices of several nongovernmental ations bill. Asian & Pacific Islander Institute on Domes- organizations working toward demo- I appreciate the words of the Senator tic Violence; ASISTA Immigration Assist- ance; Association of Jewish Family and Chil- cratic development, seizing their com- from Kentucky. I can assure him, with dren’s Agencies; Association of Prosecuting puters and documents. This past week- the Leahy amendment, none of the for- Attorneys; Association of Reproductive end Egyptian prosecutors filed crimi- eign aid is going to Egypt as they con- Health Professionals; Black Women’s Health nal charges against these innocent duct their operations the way they are. Imperative; Break the Cycle.

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Casa de Esperanza; Church of the Brethren; successes have been dramatic, with the an- NATIONAL SHERIFFS’ ASSOCIATION, Coalition of Labor Union Women; Daughters nual incidence of domestic violence falling Alexandria, VA, February 1, 2012. of Penelope; Deaf Abused Women’s Network; by more than 50 percent. Hon. PATRICK LEAHY, Disciples Justice Action Network; Disciples U.S. Senate, Even though the advancements made since Women of the Christian Church (Disciples of Washington, DC. in 1994 have been significant, a tremendous Christ); Domestic Violence Report; Feminist Hon. MIKE CRAPO, amount of work remains and we believe it is Majority/Feminist Majority Foundation; Fu- U.S. Senate, tures Without Violence (formerly the Family critical that the Congress reauthorize Washington, DC. VAWA. Every day in this country, abusive Violence Prevention Fund); General Federa- DEAR SENATOR LEAHY AND SENATOR CRAPO: tion of Women’s Clubs; Hadassah, The Wom- husbands or partners kill three women, and On behalf of the National Sheriffs’ Associa- en’s Zionist Organization of America, Inc.; for every victim killed, there are nine more tion (NSA) and 3,079 elected sheriffs nation- Indian Law Resource Center; Institute on who narrowly escape that fate. We see this wide, I am writing to express our support for Domestic Violence in the African-American realized in our home states every day. Ear- the Violence Against Women Reauthoriza- Community; International Association of lier this year in Delaware, three children— tion Act (VAWA). Forensic Nurses; Japanese American Citizens ages 12, 21⁄2 and 11⁄2—watched their mother be NSA and the nation’s sheriffs recognizes League; Jewish Council for Public Affairs; beaten to death by her ex-boyfriend on a the extreme seriousness that the crimes of Jewish Women International; Joyful Heart sidewalk. In Maine last summer, an abusive domestic violence, sexual assault, dating vi- Foundation; Korean American Women In husband subject to a protective order mur- olence, stalking, and sex trafficking have on Need (KAN–WIN); Legal Momentum. dered his wife and two young children before law enforcement, victims, and communities MANA—A National Latina Organization; taking his own life. across the nation. Originally established in Men Can Stop Rape; Men’s Resources Inter- 1994, VAWA works to increase officer and national; Mennonite Central Committee US; Reauthorizing VAWA will send a clear message that this country does not tolerate victim safety, while striving to prevent fu- Methodist Federation for Social Action; Na- ture abuse, by providing resources to law en- tional Alliance of Women Veterans, Inc; Na- violence against women and show Congress’ forcement agencies to enhance their core tional Alliance to End Sexual Violence; Na- commitment to reducing domestic violence, programs and policies, as well as to reaffirm tional American Indian Court Judges Asso- protecting women from sexual assault and the commitment to reform systems, that af- ciation; National Association of Counties; securing justice for victims. fect victims of domestic violence, sexual as- National Association of VOCA Assistance VAWA reauthorization will continue crit- sault, dating violence, stalking, and sex traf- Administrators; National Center for Victims ical support for victim services and target ficking. of Crime; National Center on Domestic and three key areas where data shows we must The reauthorization of VAWA would con- Sexual Violence; National Clearinghouse on focus our efforts in order to have the great- tinue to enable law enforcement agencies Abuse in Later Life; National Coalition est impact: across the country to adequately address do- Against Domestic Violence; National Coali- mestic violence, sexual assault, dating vio- tion of Anti-Violence Programs; National Domestic violence, dating violence, and lence, stalking, and sex trafficking crimes by Congress of American Indians Violence sexual assault are most prevalent among expanding funding for programs that recog- Against Women Task Force; National Coun- young women aged 16–24, with studies show- nize the concerns and needs of victims. Fur- cil of Churches of Christ in the USA; Na- ing that youth attitudes are still largely tol- thermore, VAWA supports the key collabora- tional Council of Jewish Women; National erant of violence, and that women abused in tion between the victims’ services commu- Council of Juvenile and Family Court adolescence are more likely to be abused nity; health care community; and law en- Judges; National Council of Negro Women; again as adults. VAWA reauthorization will forcement to ensure that all victims are re- National Council of Women’s Organizations; help us break that cycle by consolidating ceiving the critical treatment and services National Council on Independent Living. and strengthening programs aimed at both necessary after a crime has occurred. National Dating Abuse Hotline; National prevention and intervention, with a par- However, we do have one point of concern Domestic Violence Hotline; National Domes- ticular emphasis on more effectively engag- tic Violence Registry; National Housing Law regarding the VAWA reauthorization involv- ing men and local community-based re- ing PREA (Prison Rape Elimination Act) Project; National Institute of Crime Preven- sources in the process. tion; National Latina Institute for Reproduc- standards as they apply to the Department tive Health; National Law Center on Home- A woman who has been sexually assaulted of Homeland Security (DHS). NSA strongly lessness and Poverty; National Legal Aid and can be subjected to further distress when the believes that sexual violence and abuse have Defender Association; National Network to healthcare, law enforcement, and legal re- no place in our correctional facilities. As End Domestic Violence; National Organiza- sponse to her attack is not coordinated and such, NSA has been working closely with the tion for Women; National Organization of productive. Whether it is a first responder Department of Justice (DOJ) on PREA to en- Sisters of Color Ending Sexual Assault; Na- without adequate training, a rape kit that sure that the final standards take into con- tional Resource Center on Domestic Vio- goes unprocessed for lack of funding, or a sideration the vast differences between jails, lence; National Resource Sharing Project; phone call between a crisis counselor and a which sheriffs largely operate, versus pris- National Women’s Political Caucus; NET- prosecutor that never takes place, sexual as- ons; thus enabling for the efficient and effec- WORK—A National Catholic Social Justice sault victims deserve better. We must de- tive implementation in jails nationwide. Lobby; Nursing Network on Violence velop and implement best practices, train- Title X of the VAWA reauthorization Against Women International; Planned Par- ing, and communication tools across dis- would require DHS to establish and imple- enthood Federation of America; Praxis Inter- ciplines in order to effectively prosecute and ment PREA standards for DHS detention fa- national; Range Women’s Advocates; Rape punish perpetrators, as well as help victims cilities. As you may be aware, many sheriffs Abuse and Incest National Network; Reli- heal and rebuild their lives. contract with DHS to house criminal aliens in their jails. As sheriffs will need to comply gious Coalition for Reproductive Choice. There is a growing consensus among prac- Sargent Shriver National Center on Pov- with PREA standards when finally estab- titioners and researchers that domestic vio- erty Law; Security on Campus Inc.; Service lished by the DOJ, NSA would ask that you, Women’s Action Network; Sexuality Infor- lence homicides are predictable and, there- and the Senate Judiciary Committee, ensure mation and Education Council of the United fore, often preventable. We can save the lives that the VAWA reauthorization language States; Sisters in Sync; The Joe Torre Safe of untold numbers of potential homicide vic- clarifies that DHS PREA standards need to at Home Foundation; Tribal Law and Policy tims with better training for advocates, law be consistent with DOJ PREA standards. Institute; Union for Reform Judaism; United enforcement, and others who interact with This would ensure that there are not dif- Church of Christ; United Methodist Church victims to recognize the warning signs and fering standards for jails based on the fed- (General Board of Church and Society); Vet- react meaningfully. eral, state, or local detainees held, as well as eran Feminists of America; Voices of Men; The fight to protect women from violence help with the swift and successful implemen- Witness Justice; Women of Color Network; is one that never ends. It is not a year-to- tation of final PREA standards. Women’s Information Network; Women’s year issue, which is why we think it is crit- While the law enforcement community, Law Project. ical that Congress reauthorize the Violence and society as a whole, has made great Against Women Act. We know a great deal strides in combating such crimes as domestic NATIONAL ASSOCIATION OF more about domestic violence, dating vio- violence, sexual assault, stalking, sex traf- ficking, and dating violence since the origi- ATTORNEYS GENERAL, lence, sexual assault and stalking than we nal enactment of VAWA, there is still more Washington, DC, January 11, 2012. did 17 years ago. Reauthorizing VAWA will DEAR MEMBERS OF CONGRESS: Since its pas- work that still needs to be done. The reau- allow us to build on those lessons and con- sage in 1994, the Violence Against Women thorization of VAWA will enable the contin- tinue to make progress and save lives. Act (‘‘VAWA’’) has shined a bright light on ued partnership among sheriffs and victims’ domestic violence, bringing the issue out of VAWA was last reauthorized in 2006 and advocates and service providers to protect the shadows and into the forefront of our ef- time is of the essence for reauthorization of victims and prevent future victimization forts to protect women and families. VAWA this important law. We urge Congress to throughout the United States. transformed the response to domestic vio- take on this critical mission and reauthorize Senator Leahy and Senator Crapo, the Na- lence at the local, state and federal level. Its VAWA. tional Sheriffs’ Association thanks you for

VerDate Mar 15 2010 05:24 Jun 04, 2013 Jkt 099060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 J:\CRONLINE\2000-THRU-2012-ONLINE-CORRECTIONS\2012 RECORD ONLINE CORREC bjneal on DSK2TWX8P1PROD with S408 CONGRESSIONAL RECORD — SENATE February 9, 2012 your leadership on this important issue in the centerpiece of the Federal govern- clear from our States and something I the 112th Congress. ment’s commitment to combat domes- hope is common ground. Sincerely, tic violence, dating violence, sexual as- More than 200 national organizations Sheriff PAUL H. FITZGERALD, sault, and stalking. and 500 State and local organizations President. It has been extraordinarily effective, have expressed their support for this bill. FEDERAL LAW ENFORCEMENT and the annual incidence of domestic Many of them have written strong OFFICERS ASSOCIATION, violence has fallen by more than 50 per- Washington, DC, January 31, 2012. cent since the landmark law was first letters urging swift passage of this leg- Hon. PATRICK LEAHY, passed. islation including the National Task Chairman, Senate Judiciary Committee. As a prosecutor in Vermont, I saw Force to End Sexual and Domestic Vio- Hon. CHARLES GRASSLEY, firsthand the destruction caused by do- lence, the National Association of At- Ranking Member, Senate Judiciary Committee. mestic and sexual violence. Those were torneys General, the National District DEAR CHAIRMAN LEAHY AND RANKING MEM- the days before VAWA, when too often Attorneys’ Association, the National BER GRASSLEY: On behalf of the 26,000 mem- Sheriffs’ Association, and the Federal bers of the Federal Law Enforcement Offi- people dismissed these serious crimes with a joke, and there were few, if any, Law Enforcement Officers Association. cers Association (FLEOA), I am writing to This legislation has the support of services for victims. express our full support for Senator Leahy’s five Republican Senators. proposed reauthorization of the Violence We must not go back to those days. I thank Senators CRAPO, KIRK, MUR- Against Women Act (VAWA). FLEOA has This law saves lives, and it must be re- KOWSKI, BROWN, and COLLINS for their supported the essential purpose of this legis- authorized. lation since it was first passed in 1994. Ac- willingness to step forward and support Senator CRAPO and I introduced a the reauthorization of this landmark cording to the Centers for Disease Control moderate bill that incorporates input and Prevention, one in four women will expe- legislation. rience domestic violence in their lifetime. In from survivors of domestic and sexual This is the Violence Against Women our proud Land of the Free and Home of the violence all around the country and the Act. It should not be a partisan matter. Brave, this is unacceptable. tireless professionals who serve them I hope that all Senators will support FLEOA fully supports the substitute every day. this bill and that we can move quickly amendment to S. 1925. The amendment prop- This legislation builds on the to reauthorize this critical legislation. erly calls for the U Visa cap to be raised to progress that has been made in reduc- It is a law that has saved countless allow for the recapture of 5,000 unused U ing violence against women, and it lives, and it is an example of what we Visas. Current law authorizes an annual makes vital improvements to respond issuance of only 10,000 U Visas. Unfortu- can accomplish when we work to- nately, dangerous criminals remain un- to remaining, unmet needs. gether. daunted by this cap and it only serves to dis- Unfortunately, partisan politics AIR NATIONAL GUARD AND RESERVES courage non-citizen battered women from co- threaten to stop this critical legisla- Madam President, I am glad to see operating with law enforcement. tion from moving forward. We have the senior Senator from South Caro- The absolute priority for all law enforce- seen this same pattern too often. lina. For the first 50 or 60 years I was ment officers is the pursuit and capture of The Trafficking Victims Protection in the Senate—or it felt like that—it violent criminals. By limiting the number of Reauthorization Act and the Second was a different senior Senator. But I U Visas law enforcement can request, Con- Chance Act, both laws originally cham- am delighted to see the senior Senator gress is effectively amputating the long arm of the law. Law enforcement officers and pioned by Republican Senators and from South Carolina, Mr. GRAHAM, who prosecutors don’t hand out U Visas like cot- supported by Republican Presidents, is joining me to address a matter of ton candy. U Visas are an essential tool care- are now suddenly unacceptable. great importance to the Nation at a fully used by law enforcement and tempered This obstruction must stop. These crucial moment in our history. with great scrutiny. Again, our unwavering programs are too important. They save The U.S. Air Force last week offered priority is to do everything within our lives. They make our communities a preliminary look into its budget for means to protect women who are victimized safer. fiscal year 2013. While the President by violent criminals. Nowhere is that more true than for will formally submit his budget pro- I respectfully ask that both parties rally the Violence Against Women Act. Cer- posals on Monday, last week’s briefing behind this important legislation, and that and information papers offered enough we unite in recognition of the need to pro- tainly, helping survivors of domestic tect all battered women from dangerous and sexual violence should be above detail for the Senate to begin consid- criminals. politics. ering the overall strategic direction of Respectfully submitted, The last two times VAWA was reau- the Air Force Future Years Defense JON ADLER, thorized, it was unanimously approved Program. In Pentagon jargon, that is National President. by the Senate. Now, this law, which usually called FYDP. Mr. LEAHY. For almost 18 years, the has done more to stop domestic and I have to say I am deeply dis- Violence Against Women Act has been sexual violence than any other legisla- appointed and very worried as I look at the centerpiece of the Federal Govern- tion ever passed, faces Republican op- the first glance at that proposal. The PRESIDING OFFICER. The Sen- ment’s commitment to combat domes- position. That is not right. ator from South Carolina. tic violence, dating violence, sexual as- To those who suggest that this legis- Mr. GRAHAM. Madam President, I sault, and stalking. lation creates too many new programs, appreciate the opportunity to engage Senator CRAPO and I introduced this I say that is simply not true. In fact, in this colloquy. bill, a moderate bill, which has now the bill reduces the scale of VAWA. As cochairman of the Guard Caucus, gone through the Senate Judiciary It consolidates 13 existing programs which obviously has the Air National Committee and should be voted up or and reduces authorization levels by Guard Component, Senator LEAHY has voted down. It saves money, but it also nearly 20 percent while providing for been a real pleasure to work with. commits to those programs needed by only one small additional program. The bottom line is, this effort to our States. The improvements in this bill are im- downsize the Air Force falls incredibly At some point, if it is delayed much portant but modest when compared to heavy on the Air National Guard. longer, I am going to come to the floor previous reauthorizations, which cre- There will be 3,000 Active-Duty mem- and recount some of the horrific crime ated many new grant programs and bers lost regarding the plan he just scenes I went to of violence, sexual vio- raised authorization levels almost mentioned, 5,000 coming from the Air lence, domestic violence, the things across the board. National Guard. The airframes to be that are being combated now, things I have heard some say that our bill eliminated in the plans Senator LEAHY that happened when we did not have protects too many victims. I find that just mentioned fall disproportionately the Violence Against Women Act. disheartening. One thing I know from on the Air National Guard. In just a Last Thursday, the Judiciary Com- my time as a prosecutor, and I would moment, we are going to talk about mittee approved the bipartisan Vio- hope it is something we can all agree the bang for your buck in terms of the lence Against Women Reauthorization on, is that every victim counts. Reserve component called the Air Na- Act. For almost 18 years, the Violence All victims deserve protection. That tional Guard, and we are going to chal- Against Women Act, VAWA, has been is a message we have heard loud and lenge the Congress and the Department

VerDate Mar 15 2010 05:24 Jun 04, 2013 Jkt 099060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 J:\CRONLINE\2000-THRU-2012-ONLINE-CORRECTIONS\2012 RECORD ONLINE CORREC bjneal on DSK2TWX8P1PROD with February 9, 2012 CONGRESSIONAL RECORD — SENATE S409 of Defense to reconsider this because, ever reversed or had to be reversed be- ing for a greater role from the Guard quite frankly, it makes no military or cause of some contingency, we want to and Reserve just from economics. But fiscal sense. make sure that is possible. The Guard when it comes to military capability, I Mr. LEAHY. As an example of the ap- and Reserve is the most capable force think we have the best of both worlds proach to the budget cuts, one of the to maintain and, in terms of the con- now: a very efficient, quite frankly, A–10 units slated for cutting, the 127th cept of reversibility, is our best bang cheaper force to maintain with very Wing from Michigan, just returned for the buck. similar, if not like, capabilities. We from fighting bravely in Afghanistan So the Air Force is taking a different don’t want to let that concept be erod- and as a welcome home: Great job. approach than the Army, Navy, and ed by a plan that I think doesn’t appre- Sorry, we are going to disband you. Marine Corps to their Reserve compo- ciate the role of the militia and doesn’t The approach to budget cuts the Air nent, particularly their Air National appreciate the cost-benefit analysis Force has decided to take is simply Guard. I think Senator LEAHY and I are from a robust Reserve component. wrong. We have to have budget cuts. going to make sure that decision is ex- Mr. LEAHY. In fact, Senator GRAHAM We know that. But there is a wide vari- amined in-depth. and I introduced a successful amend- ety of reasons why this makes not the Mr. LEAHY. I agree with my col- ment in last year’s Defense authoriza- sense it should. I draw the Senate’s at- league on that, and that is why the bi- tion bill that required the Pentagon tention to a study produced by the partisan Guard Caucus will have some and the GAO perform studies that Pentagon last year that was signed by very strong statements. should produce more conclusive anal- the Vice Chairman of the Joint Chiefs We look at what the former Chief of ysis of the relative cost of similar units and the Assistant Secretary of Defense Staff of the Air Force, GEN Ron in the Active components and the Re- for Reserve Affairs that demonstrated Fogelman, said before these plans were serve components. We are also aware of what we already knew: Even when mo- announced. He argued for a larger Re- at least two other third-party studies bilized, Reserve component units are serve component and a smaller Active- currently underway to address the far less expensive than their peer units Duty Force. He did a guest column in questions. I think we are going to have in the Active component. DefenseNews. He said, among other three or four such studies that will It has always been a foregone conclu- things: conclusively answer the questions. sion that the Air National Guard costs The big question is, how does the depart- Senator GRAHAM and I—and I think are far less than Active component ment reduce its budget and continue to pro- most of our colleagues in the Senate— costs when they are on base or in garri- vide a modern, balanced and ready defense consider these proposed Air Force cuts son. Personnel are not drawing the sal- when more than half of the budget is com- to be dangerously premature. Once we aries their peer units are and so on. mitted to personnel costs? cut the Reserve components, once we The answer to that question is right before But the Pentagon report showed some- send an aircraft to the boneyard at thing more interesting. It showed the us: We should return to our historic roots as a militia nation. So, what does that mean, Davis-Monthan Air Force Base and Guard and Reserve save taxpayers dol- exactly? Simply put, it means we should re- these airmen and pilots go out to civil- lars even when mobilized. The Reserve turn to the constitutional construct for our ian life, we don’t get them back. In component units are estimated to be military and the days when we maintained a fact, that is precisely why the Army about one-third as expensive as similar smaller standing military and a robust mili- and Marine Corps have taken a dif- Active component units, and they can tia. ferent approach of preserving their Re- deploy nearly half as often. That adds To do that, leaders must put old parochial serve component force structure: They up to lot of savings in dollars and norms aside and be willing to actually shift forces and capabilities to the National Guard can mobilize Active component troops cents, but it also reflects a very major and Reserve. they place in the Reserve component. component of our security, because in But once we cut that, they are gone the wars we fought in the last decade, He said ‘‘put old parochial norms aside.’’ He goes on to say: forever. They are gone forever. we could not have done it without Mr. GRAHAM. What I am about to these Guard and Reserve units. This would enable significant personnel re- provide to the body, I think we need to ductions in the active components. It would Mr. GRAHAM. The Senator is abso- absorb and be aware of. lutely right. When we look at the utili- also result in a larger reserve component. Most important, it would preserve capability This study that Senator LEAHY is zation of the Guard and Reserve since and equipment that has cost the American talking about, an analysis of the effec- 9/11, it has been at World War II levels. taxpayer trillions of dollars, nest it in our tiveness and cost, is an ongoing en- When we go into the combat theater, mostly part-time Guard and Reserve, and deavor. I would like to know more we can’t tell the difference between have it available should it be needed. about what the study yields before we Guard, Reserve or Active-Duty mem- This concept worked well for our country make what I think are pretty Draco- ber, which is a testament to all three. for the better part of two centuries. Unfortu- nian cuts in the Air National Guard. But when we look at what the Air nately, several generations of leaders have But this is what we know before the Force is doing—and I think it is proper come and gone, and most of today’s leader- ship fails to recognize the true potential of study. This information is already in: to consider the other services—the Ma- the militia model. According to an Air Guard briefing, the rine Corps is making no reduction to We need our collective senior military and Air National Guard, operating under their Reserves. The Army is making civilian leaders to recognize there is a way today’s deployment constraints, is still very small cuts in the Guard and Re- back to a smaller active military and a larg- 53 percent of the cost of an equivalent serves and substantial cuts to the Ac- er militia posture. The fiscal environment Active-Duty major command. The Air tive Forces. The Army and Marine and emerging threats demand it. National Guard costs $2.25 billion less Corps plans support the new strategic Those aren’t my words. Those are the annually than a similarly sized Active concept of reversibility; that is, the words of a former Air Force Chief of Air Force command. That is $6.2 mil- part of the Department of Defense stra- Staff. lion a day in savings. tegic guidance. We cannot be sure what Mr. GRAHAM. Senator LEAHY is After 20 years of service, our average contingencies might arise, and we can- right. When we look at our Constitu- enlisted airman costs nearly $80,000 a not afford to make cuts that will leave tion itself, it talks about a militia. year in total compensation. On the us incapable of responding when nec- When we look at the history of the other hand, an identical Air National essary. country, it is the citizen soldier who Guard enlisted airman costs about Secretary Flournoy, during her last got this whole concept called America $10,000 a year, about an 85-percent sav- speech to the Defense for Policy, stated started. ings. that ‘‘the Guard and the Reserves will We do need a standing Army, Navy, Over a 20-year career, an Air Na- play an extremely important role’’ in Air Force, and Marine Corps. But when tional Guard airman will save the the reversibility concept because they we are looking at the budget problems country about $1 million compared to give the military built-in adaptability we face and the fiscal concerns we have an active-duty airman. At 22 years, an and resourcefulness. This reversibility as a nation and we want to restructure active-duty pilot will cost about concept is what we are doing to reduce the military, I will be talking in just a $150,000 in compensation. On the other the defense infrastructure. If it were minute about why we should be look- hand, an Air National Guard pilot at 22

VerDate Mar 15 2010 05:24 Jun 04, 2013 Jkt 099060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 J:\CRONLINE\2000-THRU-2012-ONLINE-CORRECTIONS\2012 RECORD ONLINE CORREC bjneal on DSK2TWX8P1PROD with S410 CONGRESSIONAL RECORD — SENATE February 9, 2012 years costs the taxpayers about $30,000 Mr. GRAHAM. I look forward to order; and that any statements related in total compensation. Over a 26-year working with Senator LEAHY and oth- to this matter be printed in the career, an Air National Guard pilot ers to bring about what he indicated to RECORD; that President Obama be im- will save the country nearly $2 million make it a reality. The bottom line of mediately notified of the Senate’s ac- compared to an active-duty pilot. this whole discussion is that the Cold tion; and the Senate proceed then to Active-duty pilots retire on average War is over. We are very proud of our legislative session and the cloture vote with 22 years of service. Air National standing military, our Army, Navy, Air on the motion to proceed to S. 1813, Guard pilots retire with an average of Force, Marine Corps, Coast Guard— under the previous order. 26 years of experience, giving the coun- they do a terrific job, the standing The PRESIDING OFFICER. Without try a greater level of experience and military. The militia component has objection, it is so ordered. ability for those final 4 years, at a been the heart and soul of this country The Senator from Iowa. much lower cost. These cost figures do since its founding and in a post-Cold Mr. GRASSLEY. I ask permission to not even account for other life cycle War war on terrorism environment speak as in morning business for about and infrastructure savings that a Re- where you have to call on resources 12 or 13 minutes. serve component-first model would that the Guard and Reserve have that The PRESIDING OFFICER. Without yield. are unique—like civil affairs. When you objection, it is so ordered. These are stunning numbers without are going into Afghanistan and Iraq, it OPERATION FAST AND FURIOUS the study to fully be accomplished. We is one thing to clear the village; you Mr. GRASSLEY. Madam President, are going to do our best, I say to Sen- have to hold the village. You have to for over a year now I have been inves- ator LEAHY, to tell the story of capa- hold it. Agricultural specialists come tigating Fast and Furious. That is an bility and cost. from the Guard and Reserve, people operation coming out of the Bureau of Mr. LEAHY. Madam President, clear- from Vermont and South Carolina who Alcohol, Tobacco, and Firearms. ly this approach, if we keep the Guard have skills in their day job, who can do This has been a very complicated in- and Reserve, saves our country pre- more in the war effort than dropping a vestigation. It has been made even cious resources at a time we need to bomb. more difficult because of the Justice tighten our belts. There are a couple of As we look at the threats we face, I Department’s lack of candor and trans- things we agree on. Everybody in the think we need to understand the Re- parency. Basically, the Justice Depart- Senate agrees that our military has to serve component is more valuable than ment is stonewalling, interfering with be kept strong and vigilant to threats ever. We are not defending the Fulda Congress’s constitutional responsi- from our enemies. But the source of Gap against a massive Soviet Union bility of oversight. our military strength has been and al- tank invasion. We have to be nimble, For example, the Justice Depart- ways will be our economic might. If we we have to deploy quickly. The Reserve ment’s Office of Inspector General re- are to protect ourselves militarily component, particularly the Air Na- cently disclosed that it has received while also marshaling our economic tional Guard, has a great return on in- 80,000 pages of documents from the De- power, moving to the kind of constitu- vestment and, like any other part of partment and over 100,000 e-mails. tional defense model my colleague has the military, can be reformed. But this Think of what the Inspector General discussed should be our first choice. proposal doesn’t reform it; it in many gets from the Department: 80,000 pages I think these Air Force proposals are ways neuters the Air National Guard and 100,000 e-mails. How much do you ill-advised and premature at the very and at a time when that makes no think they have given the Congress of least. I think they are flat-out wrong, sense. We will continue this endeavor, the United States, which has the con- as has already been said here on the and I look forward to working with stitutional responsibility of oversight? floor. When any of us who have visited Senator LEAHY and others to create a It is only 6,000 pages that we have re- the areas, especially in the last few rational approach to the Reserve and ceived. years, where our military guard and Guard. Similarly, the inspector general has our Reserves are deployed, you cannot Mr. LEAHY. I thank my friend from been allowed to conduct 70 witness tell the difference between their duties South Carolina. We will from time to interviews. How many has the Justice or the risks they put themselves in— time report to the Senate on this issue. Department allowed the Congress, in between the active-duty and Guard and It is extremely important. It comes our responsibility of oversight, to Reserve components. The National down to the bottom line: Have the best interview? Only 9 witnesses. Guard has been given a much greater defense at the least cost to the tax- Last week, Attorney General Eric role in our overall national defense— payer. That is what we are both aiming Holder testified before the House Com- more missions, greater responsibility, for. mittee On Oversight and Government heavier burdens. They perform these I yield the floor and I suggest the ab- Reform. The Justice Department did a missions superbly, with great skill and sence of a quorum. document dump to Congress the Friday effectiveness. They have defended our The PRESIDING OFFICER. The night before the hearing. That has be- interests, and many have lost their clerk will call the roll. come a very bad habit of the Depart- lives doing it, but they carried out the The bill clerk proceeded to call the ment of Justice. In fact, without giving same missions as everybody else. roll. us any advance notice that it was com- The Senate National Guard Caucus Mr. GRASSLEY. Madam President, I ing, they actually put a CD under the worked closely with all concerned to ask unanimous consent the order for door of our office, after business hours. accommodate and facilitate these the quorum call be rescinded. What did they do for the press? They changes. But now we are going to take The PRESIDING OFFICER. Without gave the same documents to the press an active role in informing the Senate objection, it is so ordered. 2 hours before they ever gave them to as these are being made. We are not UNANIMOUS CONSENT AGREEMENT—EXECUTIVE us. Yes, they managed to find time to going to sit by while any of the mili- NOMINATION leak the documents to the press during tary services decimate their Reserve Mr. REID. Madam President, I ask regular business hours. This is the kind components. We will work together, unanimous consent that today, Feb- of cooperation we get from the Justice Senator GRAHAM and I, with the Senate ruary 9, at 1:30 p.m., the Senate pro- Department in our constitutional re- Armed Services Committee on which ceed to executive session to consider sponsibility of oversight. he serves with distinction, and the Sen- Calendar No. 407; that there be 30 min- What I am telling my colleagues here ate Appropriations Committee on utes divided in the usual form; that is that we have a terrible lack of co- which we are both privileged to serve, upon the use or yielding back of time operation from the Justice Depart- but also the entire membership of the the Senate proceed to vote with no in- ment. The Justice Department is not Senate, to produce a thoughtful, well- tervening action or debate on Calendar only thumbing its nose at the Senate, conceived strategy for military man- No. 407; the motion to reconsider be they are doing it to the entire Congress power that makes use of a cost-effec- considered made and laid upon the of the United States, when we know tive and accessible, fully operational, table with no intervening action or de- there are 80,000 pages of documents and trained, and ready Reserve component. bate; that no further motions be in they only give us 6,000 pages; when

VerDate Mar 15 2010 05:24 Jun 04, 2013 Jkt 099060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 J:\CRONLINE\2000-THRU-2012-ONLINE-CORRECTIONS\2012 RECORD ONLINE CORREC bjneal on DSK2TWX8P1PROD with February 9, 2012 CONGRESSIONAL RECORD — SENATE S411 there are 100,000 e-mails and we get a same time so he cannot say he didn’t time for Mr. Breuer to leave the De- handful of e-mails. Why would they be know about it. Yet, during his testi- partment of Justice. so mysterious by putting a disk under mony to the Senate Judiciary Com- Mr. Breuer misled Congress about our door on a Friday night and giving mittee, Mr. Breuer downplayed his in- whether he was aware of the Depart- it to the press 2 hours before? What volvement in reviewing the draft let- ment’s false letter to me. To this day sort of attitude is that of our Justice ter. It is outrageous to me that the he is still the highest ranking official Department toward the cooperation head of the Justice Department’s in any administration that we know you ought to have with our filling our Criminal Division proposed exactly was aware of gunwalking in any Fed- constitutional role of oversight? So I what his Department was denying to eral program, yet he took no action to guess I would say there is hardly any me was actually happening. stop gunwalking. He failed to alert the cooperation whatsoever from the Jus- The Justice Department’s letter to Attorney General or the inspector gen- tice Department. me clearly said: eral. Even though we get a dribble here ATF makes every effort to interdict weap- Mr. Breuer has failed the Justice De- and a dribble there, even though we get ons that have been purchased illegally and partment, and he has failed the Amer- a CD under the door, instead of very prevent their transportation to Mexico. ican people. This failure raises some openly face to face receiving docu- They said that at the very same time important questions. When did Attor- ments, what we got last Friday did re- Mr. Breuer was advocating that a Jus- ney General Holder determine that Mr. veal further facts about a previously tice Department operation allow weap- Breuer was proposing allowing straw unknown proposal to allow these guns ons to be transported into Mexico. Fur- purchasers to reach Mexico with traffic to cross the border. ther, what Mr. Breuer advocated di- weapons? What has he done about it? We have long known that in March of rectly contradicted what the Justice Will Mr. Breuer be held accountable for 2011, Deputy Attorney General James Department said its policy was. hatching a plan to directly violate the Cole had a conference call with all Is it possible they can have it both Attorney General’s anti-gunwalking Southwest border U.S. agents. In a fol- ways? No, you cannot have it both policy? The Attorney General clearly low-up e-mail after the call, Mr. Cole ways. If they didn’t have a policy testified that the proposal was in con- wrote: against such operations, and if the left travention of that policy. How does the As I said on the call, to avoid any potential hand doesn’t know what the right hand Justice Department know other senior confusion, I want to reiterate the Depart- is doing, perhaps it is not a surprise criminal division officials were not ment’s policy: We should not design or con- that an operation like Fast and Furi- proposing operations similar to Fast duct undercover operations which include ous sprang up. After all, as that same guns crossing the border. If we have knowl- and Furious? These are just a subset of edge that guns are about to cross the border, Justice Department attache wrote of a some of the major questions remaining we must take immediate action to stop the meeting a few days after his first e- in our investigation of Fast and Furi- firearms from crossing the border, even if mail: ous. that prematurely terminates or otherwise I raised the issue that there is an inherent It has now been 1 year since the De- jeopardizes an investigation. risk in allowing weapons to pass from the US partment sent me its false letter. How Attorney General Holder himself told to Mexico; the possibility of the [Govern- did the Justice Department move from ment of Mexico] not seizing the weapons; and us in a hearing in May that Mr. Cole its position of dismissing the com- was simply reiterating an existing Jus- the weapons being used to commit a crime in Mexico. plaints of whistleblowers to acknowl- tice policy in his e-mails, not commu- edging that now those whistleblower Well, the light bulb went on. If you nicating new policy. So imagine my complaints are true? What officials are selling 2,000 guns illegally and they surprise when I discovered in the docu- were internally dismissive of whistle- don’t interdict them, well, yes, they ment slid under my door late last Fri- blower complaints and who believes end up murdering hundreds of people in day that while in Mexico Assistant At- that they could have merit and should Mexico and at least one person in the torney General Lanny Breuer proposed be taken seriously? To what extent did United States. letting guns cross the border. Mr. Justice Department officials seek to If the Justice Department did have a Breuer’s proposal came at exactly the retaliate against whistleblowers? Ex- policy against such operations, this is same time the Department was pre- actly how and when did the Justice De- a record of Mr. Breuer proposing to vio- paring to send its letter to me denying partment officials begin to learn the late it. That is not just my conclusion, that the ATF ever does the very thing truth of what happened? that is the Attorney General’s conclu- he was proposing. Former ATF Director Ken Melson In a February 4, 2011 e-mail, the Jus- sion as well. At last week’s hearing in the House has testified how and when he learned tice Department attache in Mexico that guns had walked in Fast and Furi- City wrote to a number of officials at of Representatives, the Attorney Gen- eral was asked to explain the con- ous. What about Attorney General the Justice Department: Holder? When and how did he learn AAG Breuer proposed allowing straw pur- tradiction between his deputy’s anti- gunwalking policy and the evidence of guns had walked? What about Assist- chasers to cross into Mexico so [the Secre- ant Attorney General Lanny Breuer? A tariat of Public Safety] can attest and [the Mr. Breuer’s proposed operation to let Attorney General of Mexico] can prosecute guns cross the border. He could not an- year after Operation Fast and Furious and convict. Such coordinated operations be- swer that question, but the Attorney concluded, who will be held account- tween the US and Mexico may send a strong General answered: able? Why didn’t top Justice officials see the clear connection between Fast message to arms traffickers. Well, clearly what was proposed in, I guess, We have people here in Washington February by Lanny Breuer was in contraven- and Furious and previously flawed op- saying the program doesn’t exist at the tion of the policy that I had the Deputy At- erations that they have admitted they same time we have people talking torney General make clear to everybody at knew about? How has the Justice De- down in Mexico City of what we are Main Justice and to the field . . . partment assessed the mistakes and trying to accomplish by the illegal sale Perhaps this disconnect between Jus- culpability of these officials? of guns. tice Department policy and Lanny Finally, it is time for the Justice De- That e-mail I quoted, the recipient of Breuer’s proposal explains Mr. Breuer’s partment to stop stonewalling and it included Mr. Breuer’s deputy, Jason previous inaction to stop gunwalking. start providing answers. It is time for Weinstein, who was helping to write When he found out about gunwalking Holder to share with Congress the the Justice Department letter to me in Operation Wide Receiver in April of other 74,000 pages of documents they that they would later withdraw for its 2010, he failed to do anything to stop it have turned over to the inspector gen- inaccuracies. In other words, they or to hold anyone accountable. He sim- eral. It is time for Holder to give us ac- wrote a letter to me on February 4 of ply had his deputy inform ATF leader- cess to the dozens of other people the last year that in October they admit- ship. inspector general has been allowed to ted they misled us. Mr. Weinstein was Regardless, Mr. Breuer’s contraven- interview. sending updates about the draft letter tion of Justice Department policy is In short, it is time for Holder to to Mr. Breuer in Mexico at the very yet another reason why it is long past come clean with the American people.

VerDate Mar 15 2010 05:24 Jun 04, 2013 Jkt 099060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 J:\CRONLINE\2000-THRU-2012-ONLINE-CORRECTIONS\2012 RECORD ONLINE CORREC bjneal on DSK2TWX8P1PROD with S412 CONGRESSIONAL RECORD — SENATE February 9, 2012 The sooner he does it, and the Depart- ington said the mandate will allow a under this health care law who are hop- ment does it, the sooner we can get to Catholic school only one of three op- ing to get the care you need from a the bottom of what happened. tions: No. 1, to violate its beliefs by doctor you want at a price you can af- I yield the floor. providing coverage for medications and ford—how many of you believe the cost The PRESIDING OFFICER. The Sen- procedures that Catholics believe are of your health care, because of this ator from Wyoming. immoral; No. 2, to cease providing in- health care law, will increase, the costs A SECOND OPINION surance coverage for all of its employ- to you will go up? All the hands went Mr. BARRASSO. Madam President, I ees and then face ongoing and ulti- up. That is what the people believe come to the floor today, as I do week mately ruinous fines; or, No. 3, attempt when they hear more and more about after week, as a physician who prac- to qualify for the exemptions by hiring this health care law. ticed medicine in Casper, WY, taking and serving only Catholics, exclude ev- Then I say: How many of you believe care of families in the community and eryone else. the quality and availability of your across the State for about a quarter of Many Americans understand all care will go down? Again, the hands a century. I come as a doctor providing three of those options are indefensible. went up. a second opinion about the health care Americans from across the political These are the American people know- law. Since this health care law was spectrum are speaking out against ing everything they do about the signed by the President almost 2 years President Obama’s big government health care law, which is very com- ago, the public has been overwhelm- power grab. One of my Democratic col- plicated and has not given them what ingly opposed to it. The Democrats in leagues, Senator JOE MANCHIN, called they asked for: the care they need, Congress drafted this health care law. this mandate un-American. Another, from a doctor they want, at a cost they They did so quickly and behind closed Senator BOB CASEY, a Democrat from can afford. What they find and believe doors. In spite of the President’s prom- Pennsylvania, objected to forcing is that they are going to be actually ise that the discussions would be held Catholic institutions to violate their paying more and getting less. That is on C–SPAN, no one saw what was hap- religious beliefs. Then we have former not what the American people have pening. Representative Kathy Dahlkemper, a been promised. It is not what they Now the bill is law and, as NANCY Democrat from Pennsylvania, who want. It is not what they expected. But PELOSI said, first you have to pass it voted for the health care law in the it is what they are finding out they before you get to find out what is in it. House of Representatives, who said she have received now that the law has We have, as Americans, witnessed week would never have voted for the final passed. after week the unintended con- version of the health care law ‘‘if I ex- So this clearly explains why Repub- sequences of the rush of the Democrats pected the Obama administration to licans in the Senate and in the House to score what they thought would be a force Catholic hospitals and Catholic continue to be committed to repealing political victory. So I continue to come colleges and universities to pay for the President’s health care law. to the floor with a second opinion be- contraception.’’ I yield the floor. cause week after week there is another Even liberal commentators such as The PRESIDING OFFICER. The Sen- new finding of this monstrous law, and E.J. Dionne and Mark Shields have ator from Ohio. it is why week after week this health criticized the administration for being Mr. BROWN of Ohio. I ask unanimous care law remains incredibly unpopular. unwilling to offer a broader conscience consent to address the Senate for up to The list of victims of this law con- exemption to religious-affiliated insti- 15 minutes as in morning business. tinues to grow longer each week. Small tutions. The PRESIDING OFFICER. The Sen- business owners, families, people who Now that the President’s liberal al- ator from California. get their coverage through their em- lies are even opposed to this unprece- Mrs. BOXER. Reserving the right to ployers, and patients all across the dented power grab, the White House is object, if I could ask my friend through country have already been impacted by trying to clean up the mess. It has sig- the Chair, would it be possible for me this health care law. naled that it is willing to compromise to have 2 minutes prior to his state- But on January 20, the third anniver- on its decision. Instead of a mild com- ment, and then following my remarks sary of the President’s inauguration, promise, the regulation—and the entire the floor will be the Senator’s. the President’s health care law found a health care law—needs to be fully re- Mr. BROWN of Ohio. Sure. very new target, and that target amaz- pealed. As the Wall Street Journal edi- Mrs. BOXER. Madam President, I ingly is religious liberty. Now this ad- torial board points out: wish to take 2 minutes to respond to ministration is mandating that reli- In any case HHS would revive this coercion Senator BARRASSO, who offered a sec- gious institutions provide services that whenever it is politically convenient some- ond opinion. I hope my colleague will undermine the beliefs of religious insti- time in Mr. Obama’s second term. Religious also talk about that. tutions across the country. In my opin- liberty won’t be protected from the entitle- I have to say it is stunning to see the ion, and in the opinion of many across ment state until Obamacare is repealed. assault on women’s health that is tak- this Nation, this ruling tramples one of I think all Americans should be ing place from the Republican Party the amendments of the Constitution. I afraid of the course this White House is day after day after day. First, they would say it is an easy amendment to on with this regulation. This debate tried to stop women from getting find since it is the first one. It is the isn’t about women’s health; it is about breast screenings. Then they tried to one which protects the rights to free- power. Washington should not have the stop us from getting cervical cancer dom of religion and freedom of expres- power to force religious people and re- screenings. Now they are going after sion. Reading from the Constitution, ligious institutions to take actions our ability to get birth control. Amendment No. 1, Congress shall make that contradict their beliefs. I have to say this: We know that for no law respecting an establishment of What we are going to continue to see a full 15 percent of women, birth con- religion or prohibiting the free exercise as the health care law and the man- trol is pure medicine. They suffer from thereof. dates and the regulations continue to debilitating monthly pain, endo- If you take a look back at our Na- come out is a government and an ad- metriosis. We have stories of women tion’s history, the right to freedom of ministration that continue to expand who couldn’t afford birth control pills religion is one of the main reasons that the government reach in terms of its and a cyst got out of hand resulting in many people came to America in the size, in terms of its scope, and in terms the loss of an ovary. We know that first place, and it is one of the reasons of its grab for power. birth control is used for a very serious people have fought and have died for The health care law was supposed to skin condition. So if they want to our Nation. be about people and health care—the stand here and say that women don’t So what is someone to do? Well, care they need from the doctor they have a right to our medicine, that is Washington Archbishop Donald Wuerl want at a cost they can afford. Instead their right but don’t put it into the has expressed the dilemma many insti- we have a lot of IRS agents but no new frame of religious freedom. tutions face, and he did it in a letter doctors and nurses. I go to townhall We know President Obama said he last week. The archbishop in Wash- meetings and ask: How many of you was going to do what 28 States have

VerDate Mar 15 2010 05:24 Jun 04, 2013 Jkt 099060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 J:\CRONLINE\2000-THRU-2012-ONLINE-CORRECTIONS\2012 RECORD ONLINE CORREC bjneal on DSK2TWX8P1PROD with February 9, 2012 CONGRESSIONAL RECORD — SENATE S413 done; that is, to make sure women who cussion, was that he wants to repeal it undermines the competitiveness of work in this country have the ability the health care law. How do they tell a our businesses. So not only do building to get access to birth control pills 23-year-old who now is on her mother’s these water and sewer systems and up- through their insurance. That is as insurance, who is without a job and grades create jobs, but we also know if simple as it gets. Twenty-eight States doesn’t have insurance, that she is we don’t, local businesses aren’t going do it. I never heard a word out of going to lose her insurance she has to expand. If they are not certain they them—never. And eight of those States through her mother’s insurance? How are going to have good, clean water had no exception when President are they going to explain it to the fam- available at a decent and reasonable Obama made an exception for 335,000 ily who has a child with a preexisting cost, they are not going to expand churches. condition who now can get insurance their businesses, especially if it is man- So let’s not stand here and talk when the insurance company denied it ufacturing. about the overreach of the Federal before? How are they going to explain The cost of addressing these com- Government and the rest of it. The fact it to the Medicare retiree, the 72-year- bined sewage overflow systems in Ohio is our States have been doing this for old woman on Medicare who now has is some $6 billion according to the years. More than 50 percent of women no copay, no deductible, free screenings EPA, $1 billion in northeast Ohio, and in this Nation have the ability to get for osteoporosis, or the man who gets $2 billion in the Cincinnati area. contraception. It is about health. It is prostate screenings—how are they So that is why today, because there the Institute of Medicine that said it is going to explain that? They want to re- are 81 Ohio communities requiring critical. It will cut down on tens of peal that. water infrastructure improvements, I thousands of abortions when families How are they going to explain the am reintroducing the Clean Water Af- plan their families. fact that they want to repeal stopping fordability Act. In previous Congresses So as long as our colleagues on the one of the most insidious insurance other side want to make women a po- I introduced this legislation with our company practices, which is that if Republican colleague from Ohio, Sen- litical football in this country, there people get too sick and they are too ex- are many of us here, women and men ator Voinovich. This bill will protect pensive, insurance companies just cut ratepayers, lead to cleaner water, and alike, who are going to stand sentry them off? They want to repeal that and say: You can’t do this to the promote economic development. It prohibition. I guess it is because they would invest $1.8 billion to be distrib- women of this Nation. want to do the insurance companies’ This is the 21st century, and we are uted over the next 5 years through a bidding over and over. That is a big arguing about birth control instead of grant program for financially dis- part of their game. tressed communities administered by how to get out of this economic mal- It just breaks my heart when I see aise when we are finally seeing light at EPA Administrator Jackson. I have the progress we have made for the mil- the end of the tunnel? Oh, no. I am spoken to her conveying the concern of lions of Americans who now will have hoping we go to a highway bill this Ohio’s CSO communities. The program health insurance. I know the Senator afternoon, but we have to now have provides a 75/25 cost share, similar to and my colleagues, everybody in this this diversion about an issue that was what we have done on highway issues body has good health insurance. People resolved, frankly, in the 1950s and in in the past: 75 percent Federal Govern- in this body are generally pretty afflu- the 1960s. ment cost, 25 percent local government So I thank my colleague for this op- ent. They have good government insur- cost. ance. But they don’t want millions of portunity. Senator BARRASSO has a It is estimated that every $1 billion right to a second opinion, but I think men and women in our country—people invested in infrastructure, similar to who have lost jobs, people who are his opinion is off the mark. the highway bill that Senators INHOFE working without insurance—they don’t I yield the floor. and BOXER are working on, will cre- The PRESIDING OFFICER. The Sen- want them to have insurance, all for ate—that for every $1 billion invested, ator from Ohio. some political gain of repealing upwards of 20,000 jobs would be created. ObamaCare. It is too bad. Mr. BROWN of Ohio. Madam Presi- It will promote green infrastructure. Madam President, now I wish to dent, I appreciate the comments of the Cities such as Bucyrus or Steubenville focus on job creation. I wish to make Senator from California. She is on the should be encouraged to use green in- some remarks on legislation I intro- floor today with Senator INHOFE—un- frastructure if it costs less than tradi- duced today that is not directly Sen- likely peas in a pod, one pretty liberal, tional construction and produces the ator BOXER’s and Senator INHOFE’s one pretty conservative, very different same environmental benefits. views—to talk about job creation, in- highway bill, but it is about water and I will continue to work with mayors frastructure, building highways and sewer systems and infrastructure. such as Dave Berger of Lima and Bob bridges and public transit, and job cre- f Armstrong of Defiance, county com- ation. As so often is the case, people on WATER INFRASTRUCTURE missioners, and others such as Tony the other side want to change the sub- IMPROVEMENTS Parrot, who explained to me how years ject. of reduced infrastructure investments In my State, the elections 11⁄2, 2 years Mr. BROWN of Ohio. Mr. President, ago were all about lost jobs, about lost earlier today I was on a call with Tony have eroded their water and sewer sys- manufacturing jobs that, frankly, ac- Parrott, executive director of the Met- tems. celerated during the Bush years, and ropolitan Sewer District of Greater When we were kids in the 1950s and we finally turned that manufacturing Cincinnati. We talked about how com- 1960s and 1970s and into the 1980s, the job loss around. We have seen 20 munities in Ohio are struggling to af- U.S. infrastructure was the envy of the straight months of job increases in ford the necessary upgrades to improve world. Whether it was the interstate manufacturing. sewer systems. In parts of the State system, whether it was the Federal, But the legislature in Columbus, my with something called combined sewer State, local partnerships on water and State capital, and the Governor, what systems, every time there are heavy sewer systems, whether it was the are they doing? They are not fighting rains waste and storm water overflows, building of community colleges and the for job creation. They are going after the sewers overflow, and the water is beginnings of technology and wiring workers’ rights and women’s rights— dumped into our rivers and creeks and for our telecommunications systems in the heartbeat bill, pretty extreme—in- lakes. the 1950s and 1960s, we were the envy of stead of focusing on job creation. The Environmental Protection Agen- the world. That is what I came to discuss on the cy estimates that 800 billion gallons of Today, because so many in this gov- Senate floor today too—not specifi- untreated wastewater and storm water ernment think we need to cut spending cally on this bill but another infra- from these combined sewage overflows, at all costs on everything, we simply structure bill, which I will get to in a these combined sewer systems, are re- have not kept up with the infrastruc- moment. leased into our rivers, lakes, and ture. That is why countries such as The comment I heard from Senator streams each year. It poses a threat to China that are investing so much BARRASSO, only from the end of his dis- public health and the environment, and money in infrastructure—we run the

VerDate Mar 15 2010 05:24 Jun 04, 2013 Jkt 099060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 J:\CRONLINE\2000-THRU-2012-ONLINE-CORRECTIONS\2012 RECORD ONLINE CORREC bjneal on DSK2TWX8P1PROD with S414 CONGRESSIONAL RECORD — SENATE February 9, 2012 risk of them passing us by in manufac- one of the most congested communities Let me talk a little bit about my turing and all the things we care about in the Nation in Washington, DC. Many State of Maryland and the Maryland that build a solid middle class. of my constituents who live in Mary- department of transportation. They This legislation is an economic devel- land go to work every day in Wash- have given us a list of projects that opment imperative. This legislation is ington, DC, working for the Federal will move forward if we can get this an imperative for citizens of our coun- Government, using the mass transit bill reauthorized, from the beltway try—having clean drinking water, safe system. That system is aged and needs around Baltimore, to critical roads in drinking water, predictable access to attention. We need to provide the fi- Montgomery and Prince George’s water at a reasonable cost. It is impor- nancing nexus in this area in order to Counties, to our rural areas. I could tant for our families. It is important be as competitive as we can with trans- share some of those specific examples. for our communities. It is important portation options for the people of this But this will affect the ability of Mary- for business development. It is impor- country. land to move forward with critical tant for a strong middle-class manufac- This bill is important for jobs. You roads and transit needs, and we need to turing country, which we still are. hear that over and over. In Maryland, get that done. I ask my colleagues to support this the passage of this bill will preserve or I want to talk a little bit about some important legislation I am introducing expand 10,000 jobs for its people. I ex- of the specific issues that are in the today. pect the Acting President pro tempore bill that I want to highlight. Mr. BROWN of Ohio. I yield the floor would have similar numbers in New The Appalachian Development High- and suggest the absence of a quorum. Mexico. It is important in every State way System is one for which we have The ACTING PRESIDENT pro tem- in this Nation. put a separate provision historically in pore. The clerk will call the roll. It is also important for safety. I will the code because we recognize that in The legislative clerk proceeded to give you one number in Maryland that bringing economic opportunity to that call the roll. really has me concerned. There are 359 part of our Nation, which includes Mr. CARDIN. Mr. President, I ask West Virginia, Maryland, and Pennsyl- unanimous consent that the order for bridges in the State of Maryland that have been rated structurally deficient vania—and it also includes some of our the quorum call be rescinded. Southern States that are in the Appa- The ACTING PRESIDENT pro tem- and 4.6 million motorists travel over those bridges every day. The State of lachia highway region—it is tough to pore. Without objection, it is so or- get jobs there. I was just recently in dered. Maryland is taking steps to make sure the motorists are safe, but we need to the most western part of Maryland up Mr. CARDIN. Mr. President, I take in Garrett County, and I can tell you it this time to urge my colleagues to let fix those bridges in a more permanent way. The longer we wait, the more it is difficult to get companies to move us proceed on the reauthorization of into that region. One of the problems is the surface transportation act, S. 1813. costs. Deferred maintenance means we are not doing what we should to pro- that you have to go over the moun- This is a critically important bill, and tains. It is not easy to get over the I am proud to be on two committees tect the future needs of our commu- nities. This legislation puts a heavy mountains. that have had jurisdiction over this We have a real opportunity around priority on maintaining our transpor- bill. One is the Environment and Pub- Cumberland, MD, to be able to expand tation infrastructure so it is safe and lic Works Committee, where Senator dramatically the economic opportuni- we can move forward into the future. BOXER and Senator INHOFE have ties and jobs by completing the north- worked together to bring out a bill The legislation is balanced between transit and highway. I know that in south highway that goes through Penn- that received the unanimous support of sylvania, Maryland, and West Virginia. certain regions of this country, high- our committee. I also serve on the Sen- Now there is reason to celebrate that ways are the principal means of trans- ate Finance Committee, where Senator in this bill that can become a reality. portation, and their interest in transit BAUCUS and Senator HATCH have There is an amendment I had offered is not quite as great as it is if you rep- worked together so we have the suffi- that is included in this legislation that resent the people of New York or you cient revenues in order to be able to fi- provides the toll credits so we can ad- represent the people of Maryland or nance the reauthorization bill during vance this project. It was a major issue you represent the people in an urban its 2-year reauthorization. needed, particularly in the Pennsyl- center where public transit becomes a This bill is so important to our coun- vania part of this north-south highway. try. First, it gives predictability to our very important part of our transpor- So we do have reason to celebrate State and local governments. It gives tation needs. This legislation is bal- that in this legislation we have a way predictability to the highway engi- anced to take care of the needs of our of completing the Appalachian Devel- neers. It gives predictability to con- highways and the needs of our transit opment Highway System in my part of tractors to know the funding will be systems. I think it is a credit to that the country. there in order to advance our transpor- balance that in the Environment and Senator ROCKEFELLER has been work- tation programs. When we do these Public Works Committee and in the ing very closely on this issue, and I short-term extensions, it really does Banking Committee—the two commit- really applaud his leadership. We are cause significant problems for plan- tees that have principal jurisdiction going to be looking to see whether we ners. If you are trying to plan a trans- over the highway program and over the might be able to strengthen it more, portation project, you need to know transit program—we had unanimous through amendments to this bill, to the funding is going to be there for support on bringing this bill forward. make sure these projects get the pri- more than just a few months. You need That is how we should be proceeding to ority to which they are entitled. to have some degree of predictability. consider legislation. We have that type For the sake of flexibility, we have This legislation will allow us to give of bipartisan cooperation because this combined many of the specific pro- that predictability to those who are in- bill is properly balanced. grams into more general programs. volved in the decisionmaking. It has Let me also point out that we have That is part of the balance in this leg- been 2009 since we last reauthorized the received hundreds of letters from orga- islation—to give greater flexibility to surface transportation act. It is time nizations that support the passage of local governments. That is important. for us to act. the surface transportation reauthoriza- But we also want to make sure the na- This bill will also help us as far as tion act. We have the U.S. Chamber of tional priorities receive the attention American competitiveness is con- Commerce, we have the AFL–CIO, we they need, and the Appalachian Devel- cerned. We need to have modern trans- have businesses, we have labor groups, opment Highway System is a national portation infrastructure, whether it is we have local communities, we have priority. We want to make sure that is, our highways, our bridges, or our tran- national groups. in fact, done. sit systems. We need to make sure we This bill has been put together in a I wear another hat as chair of the can meet the challenges to today’s so- way where we can get it done this year, Water and Wildlife Subcommittee on ciety. and it would be very important for the the Environment and Public Works I could talk about just in this region people of this country and for our econ- Committee, and I want to do every- our needs in the transit area. We have omy. thing we can to make sure the Federal

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In the promise so that we can maintain the this bill asks State transportation de- Chesapeake Bay region, the largest type of bipartisan cooperation we need partments to do their part to achieve growth source of pollutants going into in order to get this bill enacted. If we those national goals. It accomplishes the Chesapeake Bay comes from storm do that, we will be doing something so this by implementing new performance runoff. Well, highway construction can important to our country. measures that will help to hold States help or hurt storm runoff. If you do it This bill will create jobs. This bill accountable for the outcomes of the in- the right way, you actually can help will help our economic recovery. This vestments we are prepared to make. keep pollutants out of our streams and bill will help our future. I am proud to This will ensure that we are building rivers and bays. So I am hopeful that be part of the group that has brought the most effective multimodal trans- during the discussion of this bill on the this bill forward to the floor of the portation network we can by putting floor of the Senate, we will look for Senate. our dollars to the most productive use. ways we can make this bill helpful in I yield the floor and suggest the ab- Passing this legislation is critically the best practices being used in order sence of a quorum. important to America’s economic to deal with storm runoff, as we deal The ACTING PRESIDENT pro tem- health at home and our competitive- with major transportation programs in pore. The clerk will call the roll. ness abroad. We have heard that here this country. The assistant legislative clerk pro- today, and we will hear it for the next One of the programs I have spent a ceeded to call the roll. several days. This legislation, if adopt- lot of time on is the Transportation Mr. CARPER. Mr. President, I ask ed and signed into law, will create or Enhancement Program, the TE Pro- unanimous consent that the order for save several millions of jobs, in a day gram. That has been used by local gov- the quorum call be rescinded. when we need every job we can save or ernments to do what is critically im- The ACTING PRESIDENT pro tem- create, in States such as New Mexico, portant to our communities. I could pore. Without objection, it is so or- States such as Delaware, and 48 other talk about bicycle paths. I could talk dered. States as well. In my State of Delaware, for exam- about paths that have connected com- Mr. CARPER. Mr. President, I rise ple, we are planning significant new munities, which has allowed us to take this afternoon to speak in favor of transportation investments. We al- cars off the roads. This is a small moving ahead for progress in the 21st century, something that most Ameri- ready have a bunch of them underway, amount of money, but it becomes very but new ones will contribute to our important for getting motorists off the cans—almost all Americans—have to be in favor of, and if a lot of them knew State’s productivity. Some of those roads. We have the use of the Transpor- will help to relieve the congestion tation Enhancement Program so it is about this legislation, I think they would be in favor of it too. along important corridors such as I–95. safe for motorists who want to pull off We have already done some good work to the side of the road to see the vistas. It has been 862 days since SAFETEA- LU expired—862 days. That legislation in putting in highway-speed E-ZPass We have used funds for that. That is a on I–95 through the toll plaza to expe- safety issue. was written in 2003, passed this body and signed into law in 2005. We have ex- dite and move the flow of traffic. We So transportation enhancements are are now working on a big intersection important programs. We want to make tended that legislation, SAFETEA-LU, eight times since it expired in 2009, where I–95 intersects with State Route sure the flexibility and funding oppor- 1, a major north-south highway. That tunities remain. Chairman BOXER has brought it back from the dead eight times. has been a big bottleneck for years. We been very careful to work out an ar- have some good work going on with rangement so we can advance that, and John Chambers, who is the CEO of a big technology company called CISCO, that. We want to be able to finish that. I thank her for it. I have been working Other improvements will allow ship- with Senator COCHRAN, and we are hop- likes to say that the key to global eco- nomic competitiveness is having the pers to move freight more quickly and ing to offer an amendment that will reliably down roads such as Route 301, make it clear we need to work with the best workforce and the best infrastruc- ture in the world. He has said that is which comes up through Maryland and local governments as we look at how the Delmarva Peninsula into Delaware where the jobs will go in the 21st cen- the transportation enhancement funds on its way to I–95. tury—best workforce, best infrastruc- are being used. Each of my colleagues could no doubt Let me tell you about another oppor- ture, you will get the jobs. We must talk about similar efforts in their tunity I think we could have in the continue to modernize—in the spirit of State. Each of these projects is part of consideration of this bill, and that those words—modernize and maintain our national transportation system. deals with our veterans. our infrastructure if it is to remain the Taken together, the system is greater There is a way we could use the best. than the sum of its parts. Having a training veterans receive while in mili- I wish to start today by congratu- world-class transportation system has tary service to help when they come lating Senators BOXER and INHOFE for helped to make America what it is back here as far as truckdrivers are pulling together—and their staffs and today. This bill will ensure that we concerned. We are looking for an subcommittee staffs as well—I wish to have a transportation system that al- amendment in regard to that area start by congratulating them for pull- lows America to return to prosperity where we could advance that issue. ing together a bipartisan Transpor- and to grow that prosperity. There are many areas in this bill tation bill that begins to address I am looking forward to debating this that we think are extremely important America’s infrastructure needs. This bill on the Senate floor. I appreciate to advance our needs. It is a bipartisan comes on the heels of our passing ear- the time to get started on that here bill. We have to get this done. lier this week a conference report, a today. As a Senator and as a recov- I know Senator BOXER is on the floor. compromise on the FAA reauthoriza- ering Governor, I know that everything Once again, I compliment her for her tion to bring the air traffic control sys- I can do I can do better, and as good as patience and leadership in working tem of our country into the 21st cen- this legislation is I think there is al- through each of these issues. tury and to also begin rebuilding and ways room for improvement. We are looking forward to a robust improving our airports as well. This is I have never introduced a perfect bill. debate on the floor of the Senate. I a pretty good one-two punch in the pe- My friend who is presiding over the hope Members who have amendments riod of 1 week. Senate may have, but I am not sure. As will allow us to proceed. Let’s take a This legislation before us today good as this legislation is, there is look at amendments, but let’s proceed makes key reforms to our Federal room for improvement. in the spirit in which the Environment transportation policy that will help I plan to bring forward a couple and Public Works Committee, the make the best use of our taxpayers’ amendments that I think will improve

VerDate Mar 15 2010 05:24 Jun 04, 2013 Jkt 099060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 J:\CRONLINE\2000-THRU-2012-ONLINE-CORRECTIONS\2012 RECORD ONLINE CORREC bjneal on DSK2TWX8P1PROD with S416 CONGRESSIONAL RECORD — SENATE February 9, 2012 the bill. We talked about a few in the level, we should at least stop prohib- and the occupant of the chair are very markup in the full committee. For ex- iting States from doing so if that important members of this great com- ample, I believe we need to do more on makes sense. I will offer an amendment mittee, the Environment and Public the issue of traffic congestion. I go to give States more flexibility to use Works Committee. As one or our most back and forth on the train about tolls and user fees on their roadways. senior Members, he has taken a tre- every day and night, and in the morn- An increasing number of States are mendous interest in everything we do. ing I see traffic lined up for miles, try- looking at tolls and user fees as a I look to his leadership on a number of ing to get from north to south and par- source of funding, and the Federal Gov- issues, including controlling mercury, allel to the Northeast corridor of Am- ernment should not stand in their way. which is dear to his heart and mine. He trak, as we zip along. This city is rec- We have used tolls as a source of rev- is a leader on nuclear plant safety and ognized as maybe the most congested enue in Delaware for years, and it has has been extremely helpful. I thank city in America. helped us to maintain and improve the him for the good role he plays on that In 2010 I am told that drivers in the critical I–95 corridor and to provide a committee. United States in the more urban and north-south corridor that stretches We will have a number of amend- suburban areas wasted some 1.9 billion from the northern part of the State ments. It is going to be delicate with gallons of fuel due to traffic conges- past Dover, past Dover Air Force Base the amendment process. That is fine. I tion. That is almost 2 billion gallons of and the central part of Dover. encourage everybody, if they have an fuel. Congestion is a major challenge in Toll revenue is also often a critical amendment, to go for it. But we have larger U.S. cities and increasingly even part of forming public-private partner- an agreement that the leadership on in smaller cities and towns too. ships, which I know many of my col- the committee—we are either all going The burden and the cost of traffic leagues support. I hope my colleagues to go for an amendment or not. We congestion is felt by both travelers and will join me in supporting this amend- don’t want to stymie this. freight shippers, diminishing our qual- ment. ity of life and costing us money. Ac- In closing, Congress needs to act on I appreciate the Senator alerting us cording to the Texas Transportation transportation legislation. The rest of that he is going to offer those two Institute—they come up with this the country is counting on us. The in- amendments. I urge the Senator to get study that is announced every year— frastructure of our country gets graded them to us so we can share them with the average commuter across the coun- on an annual basis by, among others, Senator INHOFE. try spent 34 hours sitting in traffic— the engineers of our Nation. They look We have received another letter of not moving at 40, 30, 20, or 10 miles an at transportation more broadly than support, which I am proud to put in the hour but sitting in traffic. That is up just highways and bridges. And it is RECORD. I ask unanimous consent to from 14 hours in 1982. This burden low- not just railroads, bridges, and ports, have it printed in the RECORD. ers productivity and results in wasted they look at all of it. Last year, the There being no objection, the mate- fuel and cost Americans more than $100 grade they gave us was a D. That is not rial was ordered to be printed in the billion in 2010, or nearly $750 wasted for as in ‘‘delightful,’’ and that is not as in RECORD, as follows: every commuter. Traffic congestion is ‘‘distinguished’’—that is maybe more FEBRUARY 9, 2012. also increasingly hurting the reli- in the area of ‘‘derelict.’’ We can do a DEAR SENATOR: The twenty nine national ability of the transportation system, whole lot better. associations and construction trade unions which is particularly important to We have taken action this week with that comprise the Transportation Construc- freight shippers, where the value each respect to our air traffic control sys- tion Coalition (TCC) strongly urge all mem- minute can be as much as $5. It is tems. We have taken a step toward be- bers of the Senate to vote for the motion to about $300 an hour. As America’s econ- ginning to rebuild and improve our air- proceed on S. 1813, the ‘‘MAP–21’’ surface omy continues to recover, we must ports. The legislation will let us, in the transportation reauthorization proposal. This legislation would provide critical in- make sure that traffic is not a drag on next 24 months, make our roads, high- vestments and policy reforms needed to im- job growth. According to that same ways, and bridges safer, less congested, prove the nation’s highway and bridge net- Texas Transportation Institute, by and something we can treasure as a work. 2015—3 years from now—the cost of real asset. The federal highway and public transpor- gridlock will rise from $101 billion to Lastly—and I have said this before tation programs have been operating under a something like $133 billion. and it bears repeating—the major job series of temporary extensions for more than That is the bad news. There is good of government—not the only but a two years. MAP–21 would end that dysfunc- news too. Fortunately, we have new major job of government—is to provide tional cycle and restore stability to the fed- tools to address congestion. For exam- a nurturing environment for job cre- eral surface transportation programs. In a ple, better management of accidents, ation and job preservation. It is not the very challenging budgetary environment, the improved timing of traffic signals, legislation would authorize current (infla- only job of government, but it is a big tion-adjusted) levels of highway and public real-time traveler information, and job of government. A big part of cre- transportation investment. Furthermore, managed toll lanes—and I will talk ating that environment for job cre- the Senate Finance Committee has devel- more about that next week—all provide ation and preservation is a road, high- oped a bipartisan plan to assure these invest- low-cost congestion benefits. These are way, and bridge infrastructure that we ments do not add to the federal deficit. just a few of the strategies that have can all be proud of in the 21st century. The TCC has long supported reforming the been helping passengers and freight This legislation will help us go in that federal highway and public transportation shippers to better anticipate, avoid, direction. It is important to follow on programs to focus on national goals and de- and manage the impact of congestion. the heels of this legislation and not liver transportation benefits faster and at They are smart and are being success- just waste 2 years but build on it to do lower cost. Specifically, we support steps to accelerate the transportation project envi- fully used on a smaller scale. They are smarter things in the years to come. ronmental review and approval process ideas we want to replicate in cities and That having been said, while the through the use of deadlines, flexibility for counties and States across the country. chairman is here, I thank her for her state departments of transportation, expe- I will offer an amendment that would, leadership. People say: Why can’t Con- dited reviews for projects with no significant in the States with the worst conges- gress get anything done? I think the impact, and greater authority for the U.S. tion, target funding for these cost-ef- way Senator BOXER and Senator Department of Transportation with other fective congestion-relief strategies. My INHOFE have worked together on this federal agencies. The TCC also supports ef- amendment will help to give Ameri- legislation, with the staffs, is a great forts to increase the involvement of the pri- vate sector resources to help meet the na- cans some of their time and money model for the rest of us. We thank tion’s transportation challenges. back. It will help shippers grow their them for their leadership. We commend all senators involved in de- businesses too. I hope my colleagues I yield the floor. veloping a comprehensive, bipartisan reau- will support it. The ACTING PRESIDENT pro tem- thorization proposal that would continue the Second, I believe that anything pore. The Senator from California. strong tradition of federal leadership in the worth having is worth paying for. If we Mrs. BOXER. Mr. President, I thank area of transportation policy. We urge all will not raise user fees at the Federal the Senator from Delaware because he members of the Senate to vote to move the

VerDate Mar 15 2010 05:24 Jun 04, 2013 Jkt 099060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 J:\CRONLINE\2000-THRU-2012-ONLINE-CORRECTIONS\2012 RECORD ONLINE CORREC bjneal on DSK2TWX8P1PROD with February 9, 2012 CONGRESSIONAL RECORD — SENATE S417 surface transportation reauthorization proc- infrastructure that needs to be fixed. ing Judge Bencivengo’s confirmation ess forward by supporting the motion to pro- We have bridges collapsing and roads and highlighting the felony caseload ceed on S. 1813. that are not up to par. We have prob- crisis in the district. As Chief Judge Sincerely, lems in this Nation, and we can stop Gonzalez explained, since 2008 criminal TRANSPORTATION CONSTRUCTION COALITION. them and solve them only if we come case filings in the district have in- Mrs. BOXER. It is from the Transpor- together. creased by 42 percent and civil case fil- tation Construction Coalition. They I will end here because my colleague ings by 25 percent. In the past fiscal are urging all of us for an ‘‘aye’’ vote would like the floor, and that is fine. I year alone, criminal cases had risen 17 on the motion to proceed to the Trans- think we will have an opportunity at percent up to the time of her letter. It portation bill. They have said wonder- around the 2:15 hour or so to come to- is, in fact, a judicial emergency. ful things about our bill—that they gether united and give a great vote of The ACTING PRESIDENT pro tem- like the steps we have taken to accel- confidence to this bill, to move it pore. The Senator is advised the pre- erate all the reviews and flexibility for ahead with an overwhelming vote. vious allotted time has expired. the States, greater authority for our Maybe I am dreaming, but I hope for Mrs. FEINSTEIN. I ask unanimous States, and the fact that we did this in well over 60 votes to go forward. Then consent to speak for 7 minutes. a comprehensive way and in a bipar- let’s get to the amendment process and The ACTING PRESIDENT pro tem- tisan way. I am very grateful. pore. Without objection, it is so or- What I would like to do is read the let’s not offer extraneous amendments dered. names of these organizations because it that have to do with everything but Mrs. FEINSTEIN. Let me tell every- shows you the depth in America of the transportation. Let’s keep this focused. one a little about Judge Bencivengo. support for this bill: The American Then we can get to conference and get She is a consensus nominee who was Road and Transportation Builders; As- a bill to the President. In closing, if our bill is the law of the approved by the Judiciary Committee sociated General Contractors; the land, we would save 1.8 million jobs and by a voice vote. That does not often American Coal Ash Association; the be able to create up to another million happen. There was no objection from American Concrete Pavement Associa- tion; the American Concrete Pipe Asso- jobs. There is a lot riding on this bill. any colleague on any side of the aisle. She was recommended to me by a bi- ciation; the American Council of Engi- I hope we will come together this after- partisan judicial selection committee neering Companies; the American Sub- noon. Thank you for your indulgence. which I have established in California contractors Association; American I yield the floor. Iron and Steel Institute; American So- to advise me in recommending judicial ciety of Civil Engineers; American f nominees to the President. This com- Traffic Safety Services Association; EXECUTIVE SESSION mittee reviews judicial candidates the Asphalt Emulsion Manufacturers based on their legal skill, reputation, Association; Asphalt Recycling and Re- experience, temperament, and overall claiming Association; Associated NOMINATION OF CATHY ANN commitment to excellence. Equipment Distributors; Association of BENCIVENGO TO BE A UNITED Judge Bencivengo has been a U.S. Equipment Manufacturers; Concrete STATES DISTRICT JUDGE FOR magistrate judge in San Diego for the Reinforcing Steel Institute; Inter- THE SOUTHERN DISTRICT OF last 6 years, and she has earned an out- national Slurry Surfacing Association; CALIFORNIA standing reputation in that judicial International Association of Bridge, The ACTING PRESIDENT pro tem- role. Structural, Ornamental and Rein- pore. Under the previous order, the Throughout my advisory commit- forcing Iron Workers; International Senate will proceed to executive ses- tee’s process, Judge Bencivengo has ac- Union of Operating Engineers; Labor- sion to consider the following nomina- tually set herself apart as a person who ers-Employers Cooperation and Edu- tion, which the clerk will report. would be truly exceptional. She was cation Trust; Laborers’ International The assistant legislative clerk read born in New Jersey. She began her un- Union of North America; National As- the nomination of Cathy Ann dergraduate career at Rutgers. She phalt Pavement Association; National Bencivengo, of California, to be United earned a bachelor’s in journalism and Association of Surety Bond Producers; States District Judge for the Southern political science and a master’s from National Ready Mixed Concrete Asso- District of California. Rutgers as well. ciation; National Stone, Sand & Gravel The ACTING PRESIDENT pro tem- She worked for a leading American Association; National Utility Contrac- pore. Under the previous order, there corporation—Johnson & Johnson—in tors Association; Portland Cement As- will be 30 minutes of debate, equally di- New Brunswick. She then attended the sociation; Precase/Prestressed Con- vided, prior to a vote on the nomina- University of Michigan Law School, crete Institute; the Road Information tion, with the time already consumed where she excelled, graduating magna Program; and the United Brotherhood counting toward the majority’s por- cum laude, and was inducted into the of Carpenters and Joiners of America. tion. Order of the Coif. The reason I read these 29 organiza- The Senator from California is recog- After law school, she joined the San tions—there are 1,000 organizations be- nized. Diego firm of Gray Cary, which later hind our bill—I want colleagues to un- Mrs. FEINSTEIN. Mr. President, I became part of a major international derstand how people have come to- rise to speak on behalf of the nomina- law firm. She became a founding mem- gether from all sides of the aisle— tion of magistrate judge Cathy Ann ber of the firm’s patent litigation union workers, nonunion workers, the Bencivengo to the position of district group. Her knowledge of patent law, businesses and union businesses. Ev- judge for the Southern District of Cali- which she honed in law school and in erybody has come together—Demo- fornia. private practice, made her a valued re- crats, Republicans, and Independents— Judge Bencivengo will fill a judicial source for her colleagues and clients, on our committee. The reason is that emergency vacancy in a judicial dis- so she quickly rose through the ranks we are coming out of a very tough and trict along the southwest border that at her firm. She was selected as the na- deep recession where housing was hurt has one of the highest and most rapidly tional cochair of her firm’s patent liti- deeply, and we are having a very tough increasing criminal caseloads in the gation group, a role in which she man- time coming out of the housing reces- country. aged 70 patent attorneys. sion. Construction workers have a 15- The Southern District of California In 2005, she became a magistrate percent or more unemployment rate, includes San Diego and Imperial Coun- judge, a role in which she has served as compared to an 8.3-percent unemploy- ties. It borders Mexico, and it con- a serious and thoughtful jurist. Since ment rate in the rest of the workforce. sequently has a large immigration her appointment, she has published 180 If you put them into Super Bowl sta- caseload. It ranks fourth in the coun- opinions, over 190 reports and rec- diums, they would fill 15 Super Bowl try in terms of criminal case filings per ommendations, over 1,800 orders on stadiums. Imagine that. authorized judgeship. nondispositive motions, and roughly We have an obligation to come to- The district’s former chief judge, 800 of her orders involved felony crimi- gether on behalf of jobs and the aging Irma Gonzalez, wrote me a letter urg- nal cases.

VerDate Mar 15 2010 05:24 Jun 04, 2013 Jkt 099060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 J:\CRONLINE\2000-THRU-2012-ONLINE-CORRECTIONS\2012 RECORD ONLINE CORREC bjneal on DSK2TWX8P1PROD with S418 CONGRESSIONAL RECORD — SENATE February 9, 2012 She has substantial expertise in pat- himself, have accused me of playing take seriously their obligation both to ent law, which will be welcome in the politics. I wish to be clear again: This the Constitution and to the institu- district, which is part of a new Federal is not the case. I am here to defend the tional prerogatives of the Senate and judicial program designed to assign constitutional prerogatives of the Sen- to do the same. more patent cases to judges who are ate and the separation of powers and I yield the floor. experts in the field of patent law. So the system of checks and balances that The ACTING PRESIDENT pro tem- she will be helpful. are at the heart of our constitutional pore. The Senator from California. Judge Bencivengo has received high system. Mrs. FEINSTEIN. Mr. President, I praise from any number of people. I The Senate’s advice-and-consent role would like to briefly respond to Sen- know of no opposition to her confirma- is grounded in the Constitution’s sys- ator LEE’s comments. tion. I think this advice and consent tem of checks and balances. In Fed- I understand the reasons for which he process will yield a very good, seasoned eralist 51, James Madison wrote: is opposing this nominee. I would again San Diego magistrate judge for the dis- point out that, in my opinion, based on . . . the great security against a gradual what I heard the distinguished Senator trict court, and I am very proud to rec- concentration of the several powers in the ommend her and to have had unani- same [branch of government], consists in say, it has nothing to do with the mous consent of the Judiciary Com- giving to those who administer each [branch] nominee. It has to do with a peripheral issue. I would hope a majority of the mittee for her confirmation. the necessary constitutional means and per- sonal motives to resist encroachments of the Senate would understand this is a to- I see Senator LEE on the floor. Per- others. haps I could ask unanimous consent tally noncontroversial, totally capable, totally qualified, and totally good that when Senator LEE concludes, and Among those constitutional means is nominee. To hold her confirmation hos- if there is time remaining, I be recog- the Senate’s ability to withhold its tage is something that doesn’t redound nized to speak for a couple minutes as consent for a nominee, forcing the President to work with Congress to ad- well on this body. in morning business. This is a judicial emergency in the The ACTING PRESIDENT pro tem- dress that body’s concerns. Southern District of California, and we pore. Without objection, it is so or- The key conclusion of the Depart- need to get this judge approved. So dered. ment of Justice’s Office of Legal Coun- while I appreciate the Senator’s com- The Senator from Utah. sel memorandum, on which President ments—I think most of us are well Mr. LEE. Mr. President, I ask unani- Obama relied in making these recess aware of the feelings on the other mous consent to speak for a period of appointments, is that the President side—I think somehow, some way, we up to 7 minutes. may unilaterally decide and conclude have to come together and prevent The ACTING PRESIDENT pro tem- that the Senate’s pro forma sessions what is happening. And what is hap- pore. The Senator has that time. somehow do not constitute sessions of Mr. LEE. Mr. President, I rise in op- the Senate for purposes relevant to the pening is, if I don’t get my way on something, I am going to hold up ap- position to this nomination. I do so not recess appointments clause, in clause 3 pointments, I am going to hold up con- because of the qualifications of this of article II, section 2. If allowed to firmations, and I am going to do what- particular nominee, but instead I do so stand, this deeply flawed assertion ever I can to show I have power to dis- in defense of the U.S. Constitution. would upend an important element of rupt this body. In opposing President Obama’s ap- the Constitution’s separation of pow- In essence, the body can be disrupted. pointments, I have repeatedly made ers. Under the procedures set forth by We know that. There are very strong the Constitution, it is for the Senate, clear this is a constitutional issue. minority rights in the Senate rules of not for the President, to determine Each time I have spoken—and I have order. But at the same time, we have when the Senate is in session. Indeed, done so on numerous occasions—I have an obligation to see that qualified peo- set forth in detail the reasons why I be- the Constitution expressly grants the ple who want to serve in this govern- lieve on a legal basis, on a constitu- Senate that prerogative, the power to ment—in this case in the judicial arm, tional basis, why President Obama’s re- ‘‘determine the Rules of its Pro- in the Federal Court system—have an cent purported recess appointments are ceedings.’’ opportunity to do so, and where there unprecedented and unconstitutional. I Commenting on this very provision is real danger in terms of overly high have also made absolutely clear that in his authoritative constitutional caseloads, we can respond and get my opposition to President Obama’s treatise, Joseph Story noted: qualified nominees in place. appointments is not partisan and that I [t]he humblest assembly of men is under- I appreciate what the Senator had to will hold a Republican President equal- stood to possess [the power to make its own say. I understand it. But I appeal to ly accountable whenever any Repub- rules,] and it would be absurd to deprive the this body: Please vote to approve councils of the nation of a like authority. lican President makes a similarly un- Cathy Bencivengo to the Southern Dis- constitutional claim of power. Yet this is precisely the result of trict of California. This President has enjoyed my co- President Obama’s attempt to tell the Mr. LEAHY. Mr. President, today, operation up to this point. I voted for Senate when it is or is not in recess. the Senate will finally vote on the many, if not most, of his nominees. I am saddened some of my colleagues nomination of Judge Cathy Bencivengo That cooperation cannot continue—not in the Senate are not more jealous of to fill a vacancy on the the U.S. Dis- in the same way he has enjoyed it up to this body’s rightful constitutional, in- trict Court for the Southern District of this point. In light of the fact he has stitutional prerogatives. As they well California, where she has served as a disrespected our authority within this know, the Constitution’s protections Magistrate Judge since 2005. An experi- body, he has disrespected the Constitu- do not belong to any one party, and its enced judge and lawyer, with 17 years tion. structural separation of powers is in private practice before becoming a Unfortunately, many of my col- meant to protect against the abuses of Magistrate Judge, Judge Bencivengo leagues have refused to engage on the present and future Presidents of both received the highest possible rating real substance of this issue. Instead, parties. Acquiescing to the President from the ABA’s Standing Committee they have repeatedly changed the sub- in the moment may result in tem- on the Federal Judiciary, unanimously ject to partisan politics, the nomina- porary political gain for the Presi- ‘‘well qualified.’’ Her nomination, tions process, and Richard Cordray’s dent’s party, but relinquishing this im- which has the strong support of her qualifications to head the CFPB. Even portant piece of the Senate’s constitu- home state Senators, Senators Fein- worse, and despite my repeatedly mak- tional role has lasting consequences for stein and Boxer, was reported unani- ing clear I intend to hold any Repub- Republicans and Democrats alike. mously by the Judiciary Committee on lican President to the same standard to It is on this basis, and because of the October 6. Yet, despite the support of protect the institutional and constitu- oath I have taken to uphold the Con- every Member of the Judiciary Com- tional prerogatives of the Senate rath- stitution of the United States, that I mittee, Democratic and Republican, er than the interests of any political find myself dutybound to oppose this and despite vacancies across the coun- party—given those are at stake—the nomination. I strongly urge my col- try in nearly one out of every 10 Fed- Democrats, including the President leagues on both sides of the aisle to eral judgeships, it has taken over 4

VerDate Mar 15 2010 05:24 Jun 04, 2013 Jkt 099060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 J:\CRONLINE\2000-THRU-2012-ONLINE-CORRECTIONS\2012 RECORD ONLINE CORREC bjneal on DSK2TWX8P1PROD with February 9, 2012 CONGRESSIONAL RECORD — SENATE S419 months for Senate Republicans to con- Chief of the Appellate Division. Judge mittee with the support of every Sen- sent to a vote on Judge Bencivengo’s Jordan has been a professor, since 1990 ator on the Committee, Democratic nomination. teaching at his alma mater, the Uni- and Republican. Month after month I thank the Majority Leader for se- versity of Miami School of Law, as well and year after year, Senate Repub- curing today’s vote. There is no reason as the Florida International University licans find excuses to delay confirma- or explanation why the Senate Repub- College of Law. It is no suprrise that tion of consensus judicial nominees for lican leadership will not consent to the ABA’s Standing Committee on the no good reason. These delays are a dis- vote on the other 18 judicial nomina- Federal Judiciary unanimously rated service to the American people. They tions waiting for final Senate action. Judge Jordan ‘‘well qualified’’ to serve prevent the Senate from fulfilling its All but three of them were reported by on the Eleventh Circuit, the highest constitutional duty. And they are dam- the Judiciary Committee without op- possible rating from its non-partisan aging to the ability of our Federal position, just like Judge Bencivengo’s peer review. It is also no surprise that courts to provide justice to Americans nomination. his nomination was reported unani- around the country. Earlier this week I urged Senate Re- mously by the Judiciary Committee The cost of this across-the-board Re- publicans to join with Democrats and nearly 4 months ago. The surprise is publican obstruction is borne by the take long overdue steps to remedy the that Senate Republicans continue to American people. More than half of all serious vacancies crisis on Federal stall action on this nomination for no Americans, nearly 160 million, live in courts throughout the country. Con- good reason. districts or circuits that have a judi- senting to vote on a single judicial Judge Jordan is the kind of con- cial vacancy that could be filled today nomination, only the third such vote sensus judicial nominee that should be if Senate Republicans just agreed to we have had this year, is not much in welcomed as one of the many examples vote on the nominations that have the way of progress. of President Obama reaching out to been reported favorably by the Judici- There is no reason or explanation for work with Republican and Democratic ary Committee. It is wrong to delay why Senate Republicans continue to home State senators and the kind of votes on these qualified, consensus ju- block a vote on the nomination of superbly qualified nominee we should dicial nominees. The Senate should fill Jesse Furman to fill a vacancy on the all encourage to serve on the distin- these numerous, extended judicial va- Southern District of New York. His guished bench of Federal appeals court cancies, not delay final action for no nomination was voted out of the Judi- judges. In the past the Senate would good reason. ciary Committee on September 15, have voted on his nomination within By nearly any measure we are well nearly 5 months ago, without opposi- days or weeks of its being reported behind where we should be. Three years tion from a single member of the Com- unanimously by the Judiciary Com- into President Obama’s first term, the mittee and a month before the nomina- mittee. Yet Republicans refused to con- Senate has confirmed a lower percent- tion being considered today. Mr. sent to a vote on Judge Jordan’s nomi- age of President Obama’s judicial Furman, an experienced Federal pros- nation before the end of the last ses- nominees than those of any President ecutor who served as Counselor to At- sion and it has been stalled on the Sen- in the last 35 years. The Senate has torney General Michael Mukasey for 2 ate Calenadar for nearly 4 months. confirmed just over 70 percent of Presi- years during the Bush administration, When we finally do vote on Judge Jor- dent Obama’s circuit and district nomi- is a nominee with an impressive back- dan’s nomination I am certain he will nees, with more than one in four not ground and bipartisan support. We be confirmed with broad bipartisan confirmed. This is in stark contrast to should have voted on his nomination support, perhaps unanimously. There is the nearly 87 percent of President many months ago, and certainly before no good reason the Senate is not voting George W. Bush’s nominees who were the end of the last session. Senate Re- to confirm Judge Jordan today. confirmed, nearly nine out of every 10 publicans have now skipped over that If caseloads were really a concern of nominees he sent to the Senate. nomination and stalled it for almost 5 Republican Senators, as they con- We remain well behind the pace set months. tended when they filibustered the nom- by the Senate during President Bush’s Senate Republicans continue to ination last December of Caitlin first term. By this date in President block even judicial nominations with Halligan to the D.C. Circuit, they Bush’s first term, the Senate had con- home State support from Republican would not continue to block us from firmed 170 Federal circuit and district Senators. Republican Senator MARCO voting on Judge Jordan’s nomination court nominations on the way to 205, RUBIO and Democratic Senator BILL to fill a judicial emergency vacancy on and had lowered judicial vacancies to NELSON of Florida both introduced the Eleventh Circuit, one of the busier 46. By the time Americans went to the Judge Adalberto Jordan of Florida to circuits in the country. They would not polls in November 2004, we had reduced the Judiciary Committee when we held continue to block a vote on the nomi- vacancies to 28 nationwide, the lowest his confirmation hearing last Sep- nation of Judge Jacqueline Nguyen, re- level in the last 20 years. In contrast, tember for his nomination to fill a ju- ported last December to fill a judicial the Senate has confirmed only 125 of dicial emergency vacancy on the Elev- emergency vacancy on the Ninth Cir- President Obama’s district and circuit enth Circuit, and both strongly support cuit, the busiest Federal appeals court nominees, and judicial vacancies re- his nomination. in the country. They would consent to main over 85. The vacancy rate is dou- Judge Jordan is an experienced jurist vote on the nomination of Paul ble what it was at this point in the who has served as a judge for the Watford, a well-qualified nominee to Bush administration. Southern District of Florida since 1999. fill another judicial emeregency on the I, again, urge Senate Republicans to If confirmed, Judge Jordan will be the Ninth Circuit. They would stop block- abandon their obstructionist tactics first Cuban-born judge to serve on the ing us from voting on the nominations and do as Senate Democrats did when Eleventh Circuit, which covers Florida, of David Nuffer to fill a judicial emer- we worked to confirm 100 of President Georgia and Alabama. Born in Havana, gency vacancy on the District of Utah, Bush’s judicial nominees in 17 months. Cuba, Judge Jordan immigrated to the Michael Fitzgerald to fill a judicial I urge them to work to reduce judicial United States at age 6, going on to emergency vacancy on the Central Dis- vacancies as we did by considering and graduate summa cum laude from the trict of California, Miranda Du to fill a confirming President Bush’s judicial University of Miami law school. After judicial emergency vacancy on the Dis- nominations late into the Presidential law school, he clerked for Judge Thom- trict of Nevada, Gregg Costa to fill a election years of 2004 and 2008, reducing as A. Clark on the Eleventh Circuit, judicial emeregency vacancy on the the vacancy rates in those years to the court to which he is now Southern District of Texas, and David their lowest levels in decades. That is nominationed, and for Justice Sandra Guaderrama to fill a judicial emer- the only way we have a chance to make Day O’Connor, a President Reagan ap- gency vacancy on the Western District up some of the ground we have lost and pointee to the United States Supreme of Texas. to address the serious and extended cri- Court. Judge Jordan has been a pros- Of the 19 judicial nominations now sis in judicial vacancies. ecutor in the Southern District of Flor- awaiting a final vote by the Senate, 16 I congratulate Judge Bencivengo on ida, serving as Deputy Chief and then were reported by the Judiciary Com- her confirmation today and hope that

VerDate Mar 15 2010 05:24 Jun 04, 2013 Jkt 099060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 J:\CRONLINE\2000-THRU-2012-ONLINE-CORRECTIONS\2012 RECORD ONLINE CORREC bjneal on DSK2TWX8P1PROD with S420 CONGRESSIONAL RECORD — SENATE February 9, 2012 we can soon take up the rest of the 18 Judge Bencivengo served as a partner NAYS—6 judicial nominations still awaiting a and the National Co-Chair of Patent Crapo Lee Risch Senate vote. Litigation Group for the international DeMint Paul Shelby Mr. GRASSLEY. Mr. President, law firm of DLA Piper. In 2005, she re- NOT VOTING—4 today the Senate is considering the ceived an appointment to become a Kirk Roberts nomination of Cathy Ann Bencivengo Magistrate Judge for the Southern Dis- Moran Wicker to be U.S. district judge for the South- trict of California, where she has au- The nomination was confirmed. ern District of California. I support thored more than 170 opinions. The PRESIDING OFFICER. Under this nomination which will fill the va- I congratulate Judge Bencivengo and the previous order, the motion to re- cancy that has been created by Judge her family on this important day, and consider is considered made and laid Jeffrey Miller taking senior status. I urge my colleagues in the Senate to upon the table. The President shall be would also note that this vacancy has join in voting to confirm this highly immediately notified of the Senate’s been designated as a judicial emer- qualified nominee to the Federal action. gency. bench. f After today, the Senate will have I yield the floor, and I suggest the ab- confirmed 126 nominees to our article sence of a quorum. LEGISLATIVE SESSION III courts. I would note that even as we continue to reduce judicial vacancies, The ACTING PRESIDENT pro tem- The PRESIDING OFFICER. Under the majority of vacancies have no pore. The clerk will call the roll. the previous order, the Senate resumes nominee. In fact, 46 of 86 vacancies The bill clerk proceeded to call the legislative session. roll. have no nomination. Furthermore, 18 MOVING AHEAD FOR PROGRESS IN of the 33 seats designated judicial Mrs. FEINSTEIN. Mr. President, I THE 21ST CENTURY ACT—MOTION emergencies have no nominee. So when ask unanimous consent that the order TO PROCEED I hear comments about ‘‘unprece- for the quorum call be rescinded. CLOTURE MOTION dented’’ vacancy rates, I would ask my The ACTING PRESIDENT pro tem- colleagues and the other interested pore. Without objection, it is so or- The PRESIDING OFFICER. The clo- parties to look first to the White dered. ture motion having been presented under rule XXII, the Chair directs the House. The fact is, the Senate is doing The question is, Shall the Senate ad- clerk to read the motion. its job in providing advice and consent vise and consent to the nomination of The assistant bill clerk read as fol- to the President’s judicial nominees. Cathy Ann Bencivengo, of California, lows: Judge Cathy Ann Bencivengo pres- to be United States District Judge for ently serves as a U.S. magistrate judge the Southern District of California. CLOTURE MOTION for the Southern District of California. We, the undersigned Senators, in accord- Mrs. FEINSTEIN. Mr. President, I ance with the provisions of rule XXII of the She was appointed to that court in ask for the yeas and nays. 2005. Standing Rules of the Senate, hereby move She received a bachelor of arts from The ACTING PRESIDENT pro tem- to bring to a close debate on the motion to proceed to Calendar No. 311, S. 1813, a bill to the Rutgers University in 1980, a mas- pore. Is there a sufficient second? There is a sufficient second. reauthorize Federal-aid highway and high- ters from Rutgers in 1981, and her juris way safety construction programs, and for doctorate from University of Michigan The clerk will call the roll. other purposes: Law School in 1988. The bill clerk called the roll. Barbara Boxer, Max Baucus, Mark L. Upon graduating law school, Judge Mr. KYL. The following Senators are Pryor, John D. Rockefeller IV, Ben- Bencivengo became an associate at the necessarily absent: the Senator from jamin L. Cardin, Al Franken, Jack law firm DLA Piper. There, she worked Reed (RI), Sheldon Whitehouse, Amy Illinois (Mr. KIRK), the Senator from Klobuchar, Bernard Sanders, Patrick J. as a civil litigator, primarily handling Kansas (Mr. MORAN), the Senator from intellectual property cases. In 1996, she Leahy, Tom Udall (NM), Frank R. Lau- Kansas (Mr. ROBERTS), and the Senator tenberg, Richard Blumenthal, Jeff became a partner at DLA Piper. She from Mississippi (Mr. WICKER). Merkley, Richard J. Durbin, Harry also was the national cochair of patent The PRESIDING OFFICER (Mr. Reid. litigation for DLA Piper from 1993 to SANDERS). Are there any other Sen- The PRESIDING OFFICER. By unan- 2005. ators in the Chamber desiring to vote? imous consent the mandatory quorum In 1994, Judge Bencivengo was ap- call has been waived. pointed as a judge pro tem for the San The result was announced—yeas 90, The question is, Is it the sense of the Diego Small Claims Court. She served nays 6, as follows: Senate that debate on the motion to there until 2006, volunteering approxi- [Rollcall Vote No. 16 Ex.] proceed to S. 1813, a bill to reauthorize mately six times a year and hearing YEAS—90 Federal-aid highway and highway safe- judgments on about 100 cases. Akaka Feinstein McConnell ty construction programs, and for Since becoming a magistrate judge in Alexander Franken Menendez other purposes, shall be brought to a 2005, Judge Bencivengo has presided Ayotte Gillibrand Merkley close? over two cases that have gone to final Barrasso Graham Mikulski Baucus Grassley Murkowski The yeas and nays are mandatory verdict. Begich Hagan Murray under the rule. The American Bar Association Bennet Harkin Nelson (NE) Standing Committee on the Federal Bingaman Hatch Nelson (FL) The clerk will call the roll. Blumenthal Heller Portman The assistant bill clerk called the Judiciary has rated Judge Bencivengo Blunt Hoeven Pryor with a unanimous ‘‘well-qualified’’ rat- roll. Boozman Hutchison Reed Mr. KYL. The following Senators are ing. Boxer Inhofe Reid Mrs. BOXER: Mr. President, I am Brown (MA) Inouye Rockefeller necessarily absent: the Senator from proud to vote for the confirmation of Brown (OH) Isakson Rubio Illinois (Mr. KIRK), the Senator from Burr Johanns Sanders Kansas (Mr. ROBERTS), the Senator Magistrate Judge Cathy Ann Cantwell Johnson (SD) Schumer Bencivengo to the U.S. District Court Cardin Johnson (WI) Sessions from Kansas (Mr. MORAN), and the Sen- for the Southern District of California. Carper Kerry Shaheen ator from Mississippi (Mr. WICKER). Casey Klobuchar Snowe Judge Bencivengo was recommended to The PRESIDING OFFICER. Are there Chambliss Kohl Stabenow any other Senators in the Chamber de- the President by my colleague, Senator Coats Kyl Tester siring to vote? FEINSTEIN, and will be a great addition Coburn Landrieu Thune to the Federal bench. Cochran Lautenberg Toomey The yeas and nays resulted—yeas 85, Collins Leahy Udall (CO) nays 11, as follows: Judge Bencivengo will bring to the Conrad Levin Udall (NM) bench her broad experience as a skilled Coons Lieberman Vitter [Rollcall Vote No. 17 Leg.] lawyer and a Federal magistrate. A Corker Lugar Warner YEAS—85 Cornyn Manchin Webb graduate of Rutgers University and the Durbin McCain Whitehouse Akaka Ayotte Baucus University of Michigan Law School, Enzi McCaskill Wyden Alexander Barrasso Bennet

VerDate Mar 15 2010 05:24 Jun 04, 2013 Jkt 099060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 J:\CRONLINE\2000-THRU-2012-ONLINE-CORRECTIONS\2012 RECORD ONLINE CORREC bjneal on DSK2TWX8P1PROD with February 9, 2012 CONGRESSIONAL RECORD — SENATE S421 Bingaman Grassley Murray issues where we have the ideological I suggest the absence of a quorum. Blumenthal Hagan Nelson (NE) divide—we are going to slow this down. The PRESIDING OFFICER (Mrs. Blunt Harkin Nelson (FL) Boozman Heller Portman I guess I wish to say to my colleagues SHAHEEN). The clerk will call the roll. Boxer Hoeven Pryor on the Democratic side and the Repub- The legislative clerk proceeded to Brown (MA) Hutchison Reed lican side: Please do not mess up this call the roll. Brown (OH) Inhofe Reid bill and load this bill with extraneous Mr. BEGICH. Madam President, I ask Burr Inouye Rockefeller Cardin Isakson matters. Senator INHOFE and I are very unanimous consent that the order for Sanders Carper Johnson (SD) the quorum call be rescinded. Schumer happy to look at germane amendments. Casey Kerry Sessions We are ready to look at those. We have The PRESIDING OFFICER. Without Chambliss Klobuchar objection, it is so ordered. Coats Kohl Shaheen made an agreement that if we don’t Coburn Kyl Shelby agree, we are going to oppose it. We are THE ECONOMY Cochran Landrieu Snowe working together. But extraneous mat- Mr. BEGICH. Madam President, I Stabenow Collins Lautenberg come to the floor with a simple mes- Conrad Leahy Tester ters don’t belong on this bill unless Coons Levin Thune they have overwhelming support and sage about our economy. I know we are Corker Lieberman Toomey they are not controversial. I am very in the process of our Transportation Cornyn Lugar Udall (CO) hopeful, but I have seen bills come to bill, and the chairman of the com- Crapo Manchin Udall (NM) mittee may come out momentarily, so Durbin McCain Vitter the floor and get loaded down and at Enzi McCaskill Warner the end of the day the American people I will yield when that moment happens Feinstein McConnell Webb lose. We cannot afford to lose this bill. so we keep that process going because Franken Menendez Whitehouse I want my colleagues to imagine 15 that bill is about creating jobs and in- Gillibrand Merkley Wyden Graham Mikulski Super Bowl stadiums and imagine in frastructure investment. But I just your mind’s eye what it looks like, and wanted to comment on the fact that we NAYS—11 in all of those 15 Super Bowl stadiums have made incredible progress, and we Begich Johanns Paul every seat is filled, every seat is filled continue to make incredible progress, Cantwell Johnson (WI) Risch DeMint Lee Rubio with a construction worker. That is when we think about where we were 3 Hatch Murkowski how many construction workers are years ago and where we are today. I know some in Washington like to NOT VOTING—4 out of work—more than 1 million. So we cannot fail these workers. We can- focus on scare tactics and talk how bad Kirk Roberts Moran Wicker not fail these businesses. These are things are or how they could be worse good jobs. The housing crisis is not yet if we continue on whatever path they The PRESIDING OFFICER. On this behind us. We have a long way to go. think we are on. But the fact is we vote, the yeas are 85, the nays are 11. Construction has slowed down. So we have to look at the recent notifications Three-fifths of the Senators duly cho- need to make sure our construction produced not by a bunch of politicians sen and sworn having voted in the af- workers are back on the job. We need but by other people who are looking at firmative, the motion is agreed to. to make sure we fix our bridges that the economy or investing in the econ- The Senator from California. are crumbling. We need to make sure omy or participating in the economy in Mrs. BOXER. Mr. President, I wish to we keep goods moving. This is a 21st a pretty direct way. One statistic is re- thank my colleagues. This is a tremen- century economy with an infrastruc- flected on this incredible chart. When dous vote here to move forward with ture that is not keeping up. we look at it, it speaks for itself. one of the most important jobs bills we I want to take a moment to thank Just prior to 2009 and a little after, could do in this session, because we are again the members of the Environment we had about 8 million jobs that were talking about protecting 1.8 million and Public Works Committee. Senator lost. This chart shows we have now had jobs and the possibility of another 1 SANDERS, who is in the chair, is a very 22 months of consecutive growth, but million jobs being created through an important member who is focused like actually we have had 23 months of con- expanded TIFIA Program which a laser beam on jobs. He focuses on secutive growth. This number, which leverages local funds at very little risk jobs, jobs, jobs. He knows, as I do, that says we have had 3.2 million new jobs, to the Federal Government. So this is we didn’t get everything we wanted in is actually closer to 3.7 million new a good vote. this bill, not by a long shot. But we jobs in our economy since the great re- I wish to take this opportunity now know there are times you have to put cession started in late 2008, early 2009. to thank colleagues on both sides of that aside for the good of the people so I know people come down and say: the aisle, but also to thank the over we get something done; and something Oh, it could be better. I don’t know 1,000 groups out there—everyone rang- done here is protecting 1.8 million jobs about you, but the way I see it, this ing from left to right and everything in and creating up to 1 million new jobs was bad; this is better. Can we do bet- between; from workers organizations, with our expanded TIFIA. ter? We always strive to do better. to businesses, to the Chamber of Com- So I thank the Presiding Officer for That is the American way. We try to merce, to the AFL–CIO. It is rare we his hard work on getting us to this mo- do better as we move on. But there is can walk down the aisle together. ment. I thank Senator INHOFE for his no question there is good news and job But now the true test comes. We amazing cooperation; Senators BAUCUS losses are diminishing and now gone have a lot of work to do to complete and VITTER and all the members of the with job gains. These are private sector this legislation, to make it real, to give committee; Senators JOHNSON and job gains, which is important but, more that certainty out there, get those jobs SHELBY of Banking; Senator ROCKE- important, the underlying issue of the going. We have a lot of work to do. We FELLER, who worked so hard with Sen- job gains is small business. have the Banking Committee which, ator HUTCHISON, and we hope will re- If we watched the data this last under the able leadership of Senators solve the outstanding issues in Com- month—when the unemployment rate JOHNSON and SHELBY, has a title we merce; Senator BAUCUS, who worked was estimated to be a little higher, but have to add. We have to add a title with Senator HATCH, and we did get a it actually came out at 8.3, lower than from the Finance Committee. We want good Finance piece. almost every economist thought—all to add the title from the Commerce We are so ready to go. We are going we had to do was look underneath the Committee. Then we would have all to wait to see whether our colleagues data point and it was very clear that four committees represented in this on the other side will insist upon 30 small businesses were hiring. They are legislation. Then we can move to get a hours going postcloture or whether the backbone of this economy. If they strong vote and get it to conference, they will yield back that time and are hiring in December and January, in and, I have to say, tell the House side allow us to get started on the amend- months when people expect—in Janu- that we have a truly bipartisan bill ment process. ary especially—the economy will start that deserves their consideration. But So at this moment, I am going to put slowing down, the reason they are hir- if we start seeing amendments that go in a quorum call, note the absence of a ing is because they see the future and to issues that are unrelated to this— quorum, and hope we can quickly move they see increasing sales and the po- the hot-button issues of the day, the to amend this bill. tential.

VerDate Mar 15 2010 05:24 Jun 04, 2013 Jkt 099060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 J:\CRONLINE\2000-THRU-2012-ONLINE-CORRECTIONS\2012 RECORD ONLINE CORREC bjneal on DSK2TWX8P1PROD with S422 CONGRESSIONAL RECORD — SENATE February 9, 2012 Again, I know we hear people say: Tax Revenues return to Pre-recession better, but it is still too high, and our Oh, it is not as good as it could be. But Levels.’’ Why is this important? That housing market is still a little weak. 8.3 is better than what everybody fig- shows subeconomies within States and Europe’s economic situation remains ured it would be. Do I want it lower? within communities are growing— uncertain, and we continue to depend Does the Presiding Officer want it again, a stronger economy. on unstable sources of foreign oil. lower? Of course, we do. But the trend Back in my home State, we are mak- All of that is why we must move for- lines are clear. ing progress on the Chuckchi and Beau- ward on an agenda that will continue We also had a 4-year low in U.S. job- fort Seas, where we will see huge po- to strengthen our economy, protect less claims, again boosting spending in tential oil and gas development, with middle-class families, and support our economy. An article in CNN in late 26 billion barrels of known recoverable small businesses, including extending December noted ‘‘consumer confidence oil today. I think it is a lot higher, but the payroll tax cuts and unemployment shoots higher again.’’ Why is that im- that is what we know about. It could insurance, developing a true energy portant? The more consumers are con- provide, once in production, 30,000 jobs plan that includes domestic oil devel- fident about the economy, the more and millions in payroll, not just opment, address tax reform to protect they engage in the economy. throughout Alaska but throughout this the middle class, rebuild this country’s It is interesting to note how low refi- country because that is U.S. oil for infrastructure, and strengthen our nancing rates are—3.75 percent, 3.875 U.S. consumption and utilization or ex- housing market. percent, unbelievably low. Yet people port, if we are in the business of selling We can and must improve our econ- are still hesitant. But when we start it. But the point is, it is jobs for Alas- omy and address long-term fiscal chal- looking at the data points from the kans, jobs for Americans. lenges at the same time. Even with last few weeks—especially one that This month, Shell got a final air per- hard work ahead, there is a lot of rea- came out yesterday—more and more mit for its drillship, putting them one son for optimism. We are moving in the people are refinancing—a 21-percent in- step closer to exploration. There is no right direction. We are creating jobs, crease last month in refinancing. Why question in my mind we are going to and we are turning this economy is that important? Again, consumers make that happen. Three years ago, around. feel confident. The rates are strong for people were saying: We are never going I will end on this note. I spend time them so they can get a better rate on to do anything in Federal waters. We looking at every business publication their home. Net result: More money in will never develop our resources in and reading what is going on not just their pocket for themselves to spend on Alaska because it is in Federal hands, from a global perspective but from their families, on whatever they want and the laws, the rules, the regulations companies themselves, and I have been to buy—vacations, a new remodel job don’t allow it. I stand here to say that seeing headlines—again, from the Wall they want to do, the kitchen they have after just 3 years, National Petroleum Street Journal—such as ‘‘Jobs Power been holding off fixing up or that fence Reserve, Chuckchi and Beaufort, bil- Market Rebound: Unemployment Rate that is tipping over a little bit. Now lions of barrels of oil are in exploration Dips to 8.3% on Broad Gains,’’ ‘‘Dow at they will hire a small contractor to fix and/or development. That has happened Highest Since May 2008.’’ it. So consumer confidence is on the in just 3 years. Some people say: It is hard to gauge rise. People are right when they say in the that based on the market. But if you Again, we will hear it is not good last 30 years we have had a lot of slug- are one of those people who put a little enough. Yes, but it doesn’t mean we gish opportunity in that field. But money aside for your retirement—in are done. We have a lot of work ahead today it is moving forward. In 3 years, maybe a 401(k) or an IRA—or you have of us, but we have done incredible there is new activity. That is powerful a little set-aside for the kids to go to things. for our country from a national secu- college, then you know 2009 was a sad In an AP article on February 3, just rity perspective but also from an eco- year. You were thinking you were last week or so, we saw the headline nomic security perspective. going to have to work a lot longer just ‘‘Homebuilders See Stable Housing We know ConocoPhillips—again, I al- to make up some of that money. Market Ahead.’’ Let me repeat that: ready mentioned National Petroleum Today, the market is double what it stable housing market. Some people Reserve-Alaska—has now received its was then. I would challenge people to will say: It is not a growing housing permit to move forward, and they hope take their 2009 March-April state- market. No, but before it was diving, it to start developing in 2013. ments, if they have them—an edu- was sinking, it was disappearing. So In 2010, investments in Alaska’s min- cation account for their kids or an ‘‘stable’’ is good. Because when we go ing exploration totaled more than $264 IRA—and compare that to what it is from stable and we move to the next million, a 47-percent increase, and one- today. It is better. Can it be even bet- level, that is growth. third of the total spent on mining ex- ter than it is today? Absolutely. That The automobile industry—GM. I ploration in the United States overall is what we will continue to strive for. know I talk about this one a lot. Three was in Alaska. There is a new gold rush Again, I am going to continue to years ago, it was flat on its back. Peo- in Alaska with continued increasing in come to the floor and talk about this ple said: It is not going to survive; let gold prices. Placer mining applica- great economic news. I know people it go away. Today, GM, according to a tions, generally submitted by small want to see the worst in things some- January 19 article in Forbes—not a family-run operations, rose from 350 in times, but I think what has made this very liberal magazine—‘‘GM is No. 1 in 2005 to over 581 this year. Alaska even country great is that, generally, we see the World Again in Auto Sales.’’ No. 1. has a reality show called ‘‘Gold Rush.’’ the best in things. We see what the op- Why is that important? Because they Exports to Alaska topped over $5 bil- portunities are and we take advantage are hiring more people, at all ranges in lion in 2011, and China is now our No. 1 of them. We risk a little bit—as we did salaries. Their secondary facilitator, top trading partner. There are liquefied with the auto bailout and the cash for the suppliers are hiring more people. natural gas opportunities in the Asian clunkers. We took a little risk and People who ship those cars are hiring market that we are exploring. I can as- walked the road alone. more people; again, moving forward. sure you Alaska and Alaska companies Today, that is almost all paid off In the Budget Committee a couple have a strong interest in moving for- and, guess what. There is a thriving in- days ago, Fed Chairman Bernanke was ward. dustry providing jobs all across the surprised by this strong growth in The good news is spreading across country. So we have a lot to be proud manufacturing. Again, a few years ago, this country. But as I say, our work is of and a lot to look forward to. We just people said: Oh, manufacturing, we are not done. We must continue to build on have to keep on the path, take a little never going to get back to the good old this progress and secure a long-term risk once in a while, push the envelope, days. Again, we see growth. ‘‘Industrial economic stability that will protect and bank on the American people. Suppliers Power Up Sales,’’ says a Wall our middle-class American families and I yield the floor, and I suggest the ab- Street Journal article from January 21. support our small businesses moving sence of a quorum. Here is another headline—this one forward. We must address the deficit. The PRESIDING OFFICER (Mr. from CNBC on December 8: ‘‘US State Unemployment is still too high. It is MANCHIN). The clerk will call the roll.

VerDate Mar 15 2010 05:24 Jun 04, 2013 Jkt 099060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 J:\CRONLINE\2000-THRU-2012-ONLINE-CORRECTIONS\2012 RECORD ONLINE CORREC bjneal on DSK2TWX8P1PROD with February 9, 2012 CONGRESSIONAL RECORD — SENATE S423 The bill clerk proceeded to call the Sec. 1112. Highway safety improvement pro- Sec. 1518. State autonomy for culvert pipe roll. gram. selection. Mr. REID. Mr. President, I ask unan- Sec. 1113. Congestion mitigation and air Sec. 1519. Effective and significant performance quality improvement program. measures. imous consent that the order for the Sec. 1114. Territorial and Puerto Rico high- Sec. 1520. Requirements for eligible bridge quorum call be rescinded. way program. projects. The PRESIDING OFFICER. Without Sec. 1115. National freight program. TITLE II—RESEARCH AND EDUCATION objection, it is so ordered. Sec. 1116. Federal lands and tribal transpor- Subtitle A—Funding Mr. REID. I now ask unanimous con- tation programs. sent that all postcloture time be yield- Sec. 1117. Alaska Highway. Sec. 2101. Authorization of appropriations. ed back and that the motion to proceed Sec. 1118. Projects of national and regional Subtitle B—Research, Technology, and be agreed to; that the committee-re- significance. Education ported amendments be agreed to and Subtitle B—Performance Management Sec. 2201. Research, technology, and edu- Sec. 1201. Metropolitan transportation plan- cation. that the bill, as amended, be considered Sec. 2202. Surface transportation research, original text for the purposes of further ning. Sec. 1202. Statewide and nonmetropolitan development, and technology. amendment; further, that it be in order transportation planning. Sec. 2203. Research and technology develop- for Senator BOXER or designee, on be- Sec. 1203. National goals. ment and deployment. Sec. 2204. Training and education. half of Senators JOHNSON and SHELBY, Subtitle C—Acceleration of Project Delivery the chairman and ranking member of Sec. 2205. State planning and research. Sec. 1301. Project delivery initiative. the Banking Committee, to call Sec. 2206. International highway transpor- Sec. 1302. Clarified eligibility for early ac- tation program. amendment No. 1515, which is at the quisition activities prior to Sec. 2207. Surface transportation environ- desk; finally, that following the report- completion of NEPA review. mental cooperative research ing of the amendment, the Senate pro- Sec. 1303. Efficiencies in contracting. program. ceed to a period of morning business, Sec. 1304. Innovative project delivery meth- Sec. 2208. National cooperative freight re- with Senators permitted to speak for ods. search. up to 10 minutes each. Sec. 1305. Assistance to affected State and Sec. 2209. University transportation centers Federal agencies. program. The PRESIDING OFFICER. Is there Sec. 1306. Application of categorical exclu- objection? Sec. 2210. Bureau of transportation statis- sions for multimodal projects. tics. Without objection, it is so ordered. Sec. 1307. State assumption of responsibil- Sec. 2211. Administrative authority. Under the previous order, all ities for categorical exclusions. Sec. 2212. Transportation research and de- postcloture time is yielded back and Sec. 1308. Surface transportation project de- velopment strategic planning. the motion to proceed is agreed to. livery program. Sec. 2213. National electronic vehicle corridors Sec. 1309. Categorical exclusion for projects f and recharging infrastructure within the right-of-way. network. Sec. 1310. Programmatic agreements and ad- MOVING AHEAD FOR PROGRESS IN Subtitle C— øFunding¿Intelligent ditional categorical exclusions. THE 21ST CENTURY ACT Transportation Systems Research Sec. 1311. Accelerated decisionmaking in en- The PRESIDING OFFICER. The vironmental reviews. Sec. 2301. Use of funds for ITS activities. clerk will report the bill by title. Sec. 1312. Memoranda of agency agreements Sec. 2302. Goals and purposes. The bill clerk read as follows: for early coordination. Sec. 2303. General authorities and require- ments. A bill (S. 1813) to reauthorize Federal-aid Sec. 1313. Accelerated decisionmaking. Sec. 1314. Environmental procedures initia- Sec. 2304. Research and development. highway and highway safety construction Sec. 2305. National architecture and stand- programs, and for other purposes. tive. Sec. 1315. Alternative relocation payment ards. The Senate proceeded to consider the demonstration program. Sec. 2306. 5.9 GHz vehicle-to-vehicle and ve- bill (S. 1813) to reauthorize Federal-aid Sec. 1316. Review of Federal project and pro- hicle-to-infrastructure commu- highway and highway safety construc- gram delivery. nications systems deployment. tion programs, and for other purposes, Subtitle D—Highway Safety TITLE III—AMERICA FAST FORWARD FINANCING INNOVATION which had been reported from the Com- Sec. 1401. Jason’s Law. mittee on Environment and Public Sec. 1402. Open container requirements. Sec. 3001. Short title. Works, with amendments; as follows: Sec. 1403. Minimum penalties for repeat of- Sec. 3002. Transportation Infrastructure Fi- (The parts of the bill intended to be fenders for driving while intoxi- nance and Innovation Act stricken are shown in boldface brack- cated or driving under the in- amendments. Sec. 3003. State infrastructure banks. ets and the parts of the bill intended to fluence. be inserted are shown in italics.) Sec. 1404. Adjustments to penalty provi- TITLE IV—HIGHWAY SPENDING sions. CONTROLS S. 1813 Sec. 1405. Highway worker safety. Sec. 4001. Highway spending controls. Be it enacted by the Senate and House of Rep- Subtitle E—Miscellaneous SEC. 2. DEFINITIONS. resentatives of the United States of America in Sec. 1501. Program efficiencies. In this Act, the following definitions apply: Congress assembled, Sec. 1502. Project approval and oversight. (1) DEPARTMENT.—The term ‘‘Department’’ SECTION 1. SHORT TITLE; TABLE OF CONTENTS. Sec. 1503. Standards. means the Department of Transportation. (a) SHORT TITLE.—This Act may be cited as Sec. 1504. Construction. (2) SECRETARY.—The term ‘‘Secretary’’ the ‘‘Moving Ahead for Progress in the 21st Sec. 1505. Maintenance. means the Secretary of Transportation. Century Act’’ or the ‘‘MAP–21’’. Sec. 1506. Federal share payable. TITLE I—FEDERAL-AID HIGHWAYS (b) TABLE OF CONTENTS.—The table of con- Sec. 1507. Transferability of Federal-aid tents for this Act is as follows: highway funds. Subtitle A—Authorizations and Programs Sec. 1. Short title; table of contents. Sec. 1508. Special permits during periods of SEC. 1101. AUTHORIZATION OF APPROPRIATIONS. Sec. 2. Definitions. national emergency. (a) IN GENERAL.—The following sums are authorized to be appropriated out of the TITLE I—FEDERAL-AID HIGHWAYS Sec. 1509. Electric vehicle charging stations. Sec. 1510. HOV facilities. Highway Trust Fund (other than the Mass Subtitle A—Authorizations and Programs Sec. 1511. Construction equipment and vehi- Transit Account): Sec. 1101. Authorization of appropriations. cles. (1) FEDERAL-AID HIGHWAY PROGRAM.—For Sec. 1102. Obligation ceiling. Sec. 1512. Use of debris from demolished the national highway performance program Sec. 1103. Definitions. bridges and overpasses. under section 119 of title 23, United States Sec. 1104. National highway system. Sec. 1513. Extension of public transit vehicle Code, the transportation mobility program Sec. 1105. Apportionment. exemption from axle weight re- under section 133 of that title, the highway Sec. 1106. National highway performance strictions. safety improvement program under section program. Sec. 1514. Uniform Relocation Assistance 148 of that title, the congestion mitigation Sec. 1107. Emergency relief. Act amendments. and air quality improvement program under Sec. 1108. Transportation mobility program. Sec. 1515. Use of youth service and conserva- section 149 of that title, the national freight Sec. 1109. Workforce development. tion corps. program under section 167 of that title, and Sec. 1110. Highway use tax evasion projects. Sec. 1516. Consolidation of programs; repeal to carry out section 134 of that title— Sec. 1111. National bridge and tunnel inven- of obsolete provisions. (A) $39,143,000,000 for fiscal year 2012; and tory and inspection standards. Sec. 1517. Rescissions. (B) $39,806,000,000 for fiscal year 2013.

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(2) TRANSPORTATION INFRASTRUCTURE FI- (4) UNIFORM CERTIFICATION.— (11) section 1603 of the Safe, Accountable, NANCE AND INNOVATION PROGRAM.—For credit (A) IN GENERAL.—The Secretary shall es- Flexible, Efficient Transportation Equity assistance under the transportation infra- tablish minimum uniform criteria for use by Act: A Legacy for Users (119 Stat. 1248), to structure finance and innovation program State governments in certifying whether a the extent that funds obligated in accord- under chapter 6 of title 23, United States concern qualifies as a small business concern ance with that section were not subject to a Code, $1,000,000,000 for each of fiscal years for the purpose of this subsection. limitation on obligations at the time at 2012 and 2013. (B) INCLUSIONS.—The minimum uniform which the funds were initially made avail- (3) FEDERAL LANDS AND TRIBAL TRANSPOR- criteria established under subparagraph (A) able for obligation; and TATION PROGRAMS.— shall include, with respect to a potential (12) section 119 of title 23, United States (A) TRIBAL TRANSPORTATION PROGRAM.—For small business concern— Code (but, for each of fiscal years 2012 the tribal transportation program under sec- (i) on-site visits; through 2013, only in an amount equal to tion 202 of title 23, United States Code, (ii) personal interviews with personnel; $639,000,000 for each of those fiscal years). $450,000,000 for each of fiscal years 2012 and (iii) issuance or inspection of licenses; (c) DISTRIBUTION OF OBLIGATION AUTHOR- 2013. (iv) analyses of stock ownership; ITY.—For each of fiscal years 2012 through (B) FEDERAL LANDS TRANSPORTATION PRO- (v) listings of equipment; 2013, the Secretary— GRAM.—For the Federal lands transportation (vi) analyses of bonding capacity; (1) shall not distribute obligation author- program under section 203 of title 23, United (vii) listings of work completed; ity provided by subsection (a) for the fiscal States Code, $300,000,000 for each of fiscal (viii) examination of the resumes of prin- year for— years 2012 and 2013, of which $260,000,000 of cipal owners; (A) amounts authorized for administrative the amount made available for each fiscal (ix) analyses of financial capacity; and expenses and programs by section 104(a) of year shall be the amount for the National (x) analyses of the type of work preferred. title 23, United States Code; and Park Service and the United States Fish and (5) REPORTING.—The Secretary shall estab- (B) amounts authorized for the Bureau of Wildlife Service. lish minimum requirements for use by State Transportation Statistics; (C) FEDERAL LANDS ACCESS PROGRAM.—For governments in reporting to the Secretary— (2) shall not distribute an amount of obli- the Federal lands access program under sec- (A) information concerning disadvantaged gation authority provided by subsection (a) tion 204 of title 23, United States Code, business enterprise awards, commitments, that is equal to the unobligated balance of $250,000,000 for each of fiscal years 2012 and and achievements; and amounts made available from the Highway 2013. (B) such other information as the Sec- Trust Fund (other than the Mass Transit Ac- (4) TERRITORIAL AND PUERTO RICO HIGHWAY retary determines to be appropriate for the count) for Federal-aid highway and highway PROGRAM.—For the territorial and Puerto proper monitoring of the disadvantaged busi- safety construction programs for previous Rico highway program under section 165 of ness enterprise program. fiscal years the funds for which are allocated title 23, United States Code, $180,000,000 for (6) COMPLIANCE WITH COURT ORDERS.—Noth- by the Secretary; each of fiscal years 2012 and 2013. ing in this subsection limits the eligibility of (3) shall determine the proportion that— (b) DISADVANTAGED BUSINESS ENTER- an individual or entity to receive funds made PRISES.— (A) the obligation authority provided by available under titles I, II, and III of this Act (1) DEFINITIONS.—In this subsection, the subsection (a) for the fiscal year, less the ag- and section 403 of title 23, United States following definitions apply: gregate of amounts not distributed under Code, if the entity or person is prevented, in (A) SMALL BUSINESS CONCERN.— paragraphs (1) and (2) of this subsection; whole or in part, from complying with para- (i) IN GENERAL.—The term ‘‘small business bears to concern’’ means a small business concern (as graph (2) because a Federal court issues a (B) the total of the sums authorized to be the term is used in section 3 of the Small final order in which the court finds that a re- appropriated for the Federal-aid highway Business Act (15 U.S.C. 632)). quirement or the implementation of para- and highway safety construction programs graph (2) is unconstitutional. (ii) EXCLUSIONS.—The term ‘‘small business (other than sums authorized to be appro- concern’’ does not include any concern or SEC. 1102. OBLIGATION CEILING. priated for provisions of law described in group of concerns controlled by the same so- (a) GENERAL LIMITATION.—Subject to sub- paragraphs (1) through (11) of subsection (b) cially and economically disadvantaged indi- section (e), and notwithstanding any other and sums authorized to be appropriated for vidual or individuals that have average an- provision of law, the obligations for Federal- section 119 of title 23, United States Code, nual gross receipts during the preceding 3 aid highway and highway safety construc- equal to the amount referred to in sub- fiscal years in excess of $22,410,000, as ad- tion programs shall not exceed— section (b)(12) for the fiscal year), less the justed annually by the Secretary for infla- (1) $41,564,000,000 for fiscal year 2012; and aggregate of the amounts not distributed tion. (2) $42,227,000,000 for fiscal year 2013. under paragraphs (1) and (2) of this sub- (B) SOCIALLY AND ECONOMICALLY DISADVAN- (b) EXCEPTIONS.—The limitations under section; TAGED INDIVIDUALS.—The term ‘‘socially and subsection (a) shall not apply to obligations (4) shall distribute the obligation author- economically disadvantaged individuals’’ under or for— ity provided by subsection (a), less the aggre- means— (1) section 125 of title 23, United States gate amounts not distributed under para- (i) women; and Code; graphs (1) and (2), for each of the programs (ii) any other socially and economically (2) section 147 of the Surface Transpor- that are allocated by the Secretary under disadvantaged individuals (as the term is tation Assistance Act of 1978 (23 U.S.C. 144 this Act and title 23, United States Code used in section 8(d) of the Small Business note; 92 Stat. 2714); (other than to programs to which paragraph Act (15 U.S.C. 637(d)) and relevant subcon- (3) section 9 of the Federal-Aid Highway (1) applies), by multiplying— tracting regulations promulgated pursuant Act of 1981 (95 Stat. 1701); (A) the proportion determined under para- to that Act). (4) subsections (b) and (j) of section 131 of graph (3); by (2) AMOUNTS FOR SMALL BUSINESS CON- the Surface Transportation Assistance Act (B) the amounts authorized to be appro- CERNS.—Except to the extent that the Sec- of 1982 (96 Stat. 2119); priated for each such program for the fiscal retary determines otherwise, not less than 10 (5) subsections (b) and (c) of section 149 of year; and percent of the amounts made available for the Surface Transportation and Uniform Re- (5) shall distribute the obligation author- any program under titles I, II, and III of this location Assistance Act of 1987 (101 Stat. 198); ity provided by subsection (a), less the aggre- Act and section 403 of title 23, United States (6) sections 1103 through 1108 of the Inter- gate amounts not distributed under para- Code, shall be expended through small busi- modal Surface Transportation Efficiency Act graphs (1) and (2) and the amounts distrib- ness concerns owned and controlled by so- of 1991 (105 Stat. 2027); uted under paragraph (4), for Federal-aid cially and economically disadvantaged indi- (7) section 157 of title 23, United States highway and highway safety construction viduals. Code (as in effect on June 8, 1998); programs that are apportioned by the Sec- (3) ANNUAL LISTING OF DISADVANTAGED BUSI- (8) section 105 of title 23, United States retary under title 23, United States Code NESS ENTERPRISES.—Each State shall annu- Code (as in effect for fiscal years 1998 (other than the amounts apportioned for the ally— through 2004, but only in an amount equal to national highway performance program in (A) survey and compile a list of the small $639,000,000 for each of those fiscal years); section 119 of title 23, United States Code, business concerns referred to in paragraph (9) Federal-aid highway programs for that are exempt from the limitation under (2) in the State, including the location of the which obligation authority was made avail- subsection (b)(12)) in the proportion that— small business concerns in the State; and able under the Transportation Equity Act (A) amounts authorized to be appropriated (B) notify the Secretary, in writing, of the for the 21st Century (112 Stat. 107) or subse- for the programs that are apportioned under percentage of the small business concerns quent Acts for multiple years or to remain title 23, United States Code, to each State that are controlled by— available until expended, but only to the ex- for the fiscal year; bears to (i) women; tent that the obligation authority has not (B) the total of the amounts authorized to (ii) socially and economically disadvan- lapsed or been used; be appropriated for the programs that are taged individuals (other than women); and (10) section 105 of title 23, United States apportioned under title 23, United States (iii) individuals who are women and are Code (but, for each of fiscal years 2005 Code, to all States for the fiscal year. otherwise socially and economically dis- through 2011, only in an amount equal to (d) REDISTRIBUTION OF UNUSED OBLIGATION advantaged individuals. $639,000,000 for each of those fiscal years); AUTHORITY.—Notwithstanding subsection (c),

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the Secretary shall, after August 1 of each of assistance under this title’’ after ‘‘of a high- ‘‘(29) TRANSPORTATION ENHANCEMENT ACTIV- fiscal years 2012 through 2013— way’’; ITY.—The term ‘transportation enhancement (1) revise a distribution of the obligation (B) by striking subparagraph (A) and in- activity’ means any of the following activi- authority made available under subsection serting the following: ties when carried out as part of any program (c) if an amount distributed cannot be obli- ‘‘(A) preliminary engineering, engineering, or project authorized or funded under this gated during that fiscal year; and and design-related services directly relating title, or as an independent program or (2) redistribute sufficient amounts to those to the construction of a highway project, in- project related to surface transportation: States able to obligate amounts in addition cluding engineering, design, project develop- ‘‘(A) Provision of facilities for pedestrians to those previously distributed during that ment and management, construction project and bicycles. fiscal year, giving priority to those States management and inspection, surveying, ‘‘(B) Provision of safety and educational having large unobligated balances of funds mapping (including the establishment of activities for pedestrians and bicyclists. apportioned under sections 144 (as in effect temporary and permanent geodetic control ‘‘(C) Acquisition of scenic easements and on the day before the date of enactment of in accordance with specifications of the Na- scenic or historic sites. this Act) and 104 of title 23, United States tional Oceanic and Atmospheric Administra- ‘‘(D) Scenic or historic highways and Code. tion), and architectural-related services;’’; bridges. (e) APPLICABILITY OF OBLIGATION LIMITA- (C) in subparagraph (B)— ‘‘(E) Vegetation management practices in TIONS TO TRANSPORTATION RESEARCH PRO- (i) by inserting ‘‘reconstruction,’’ before transportation rights-of-way and other ac- GRAMS.— ‘‘resurfacing’’; and tivities eligible under section 319. ‘‘(F) Historic preservation, rehabilitation, (1) IN GENERAL.—Except as provided in (ii) by striking ‘‘and rehabilitation’’ and and operation of historic transportation paragraph (2), obligation limitations im- inserting ‘‘rehabilitation, and preservation’’; buildings, structures, or facilities. posed by subsection (a) shall apply to con- (D) in subparagraph (E) by striking ‘‘rail- ‘‘(G) Preservation of abandoned railway tract authority for transportation research way’’ and inserting ‘‘railway-highway’’; and corridors, including the conversion and use programs carried out under— (E) in subparagraph (F) by striking ‘‘obsta- of the corridors for pedestrian or bicycle (A) chapter 5 of title 23, United States cles’’ and inserting ‘‘hazards’’. trails. Code; and (5) in paragraph (6) (as so redesignated)— (B) title II of this Act. ‘‘(H) Inventory, control, and removal of (A) by inserting ‘‘public’’ before ‘‘highway outdoor advertising. (2) EXCEPTION.—Obligation authority made eligible’’; and available under paragraph (1) shall— ‘‘(I) Archaeological planning and research. (B) by inserting ‘‘functionally’’ before ‘‘(J) Any environmental mitigation activ- (A) remain available for a period of 4 fiscal ‘‘classified’’; years; and ity, including pollution prevention and pol- (6) by inserting after paragraph (6) (as so lution abatement activities and mitigation (B) be in addition to the amount of any redesignated) the following: limitation imposed on obligations for Fed- to— ‘‘(7) FEDERAL LANDS ACCESS TRANSPOR- ‘‘(i) øto¿ address stormwater management, eral-aid highway and highway safety con- TATION FACILITY.—The term ‘Federal Lands struction programs for future fiscal years. control, and water pollution prevention or access transportation facility’ means a pub- abatement related to highway construction (f) REDISTRIBUTION OF CERTAIN AUTHORIZED lic highway, road, bridge, trail, or transit or due to highway runoff, including activi- FUNDS.— system that is located on, is adjacent to, or ties described in sections 133(b)(11), 328(a), (1) IN GENERAL.—Not later than 30 days provides access to Federal lands for which and 329; or after the date of distribution of obligation title or maintenance responsibility is vested ‘‘(ii) reduce vehicle-caused wildlife mor- authority under subsection (c) for each of fis- in a State, county, town, township, tribal, tality or to restore and maintain cal years 2012 through 2013, the Secretary municipal, or local government. connectivity among terrestrial or aquatic shall distribute to the States any funds ‘‘(8) FEDERAL LANDS TRANSPORTATION FA- habitats.’’; and that— CILITY.—The term ‘Federal lands transpor- (14) by inserting after paragraph (29) (as so (A) are authorized to be appropriated for tation facility’ means a public highway, redesignated) the following: the fiscal year for Federal-aid highway pro- road, bridge, trail, or transit system that is ‘‘(30) TRANSPORTATION SYSTEMS MANAGE- grams; and located on, is adjacent to, or provides access MENT AND OPERATIONS.— (B) the Secretary determines will not be to Federal lands for which title and mainte- ‘‘(A) IN GENERAL.—The term ‘transpor- allocated to the States, and will not be avail- nance responsibility is vested in the Federal tation systems management and operations’ able for obligation, for the fiscal year be- Government, and that appears on the na- means integrated strategies to optimize the cause of the imposition of any obligation tional Federal lands transportation facility performance of existing infrastructure limitation for the fiscal year. inventory described in section 203(c).’’; through the implementation of multimodal (2) RATIO.—Funds shall be distributed (7) in paragraph (11)(B) by inserting ‘‘in- and intermodal, cross-jurisdictional systems, under paragraph (1) in the same proportion cluding public roads on dams’’ after ‘‘drain- services, and projects designed to preserve as the distribution of obligation authority age structure’’; capacity and improve security, safety, and under subsection (c)(5). (8) in paragraph (14) (as so redesignated)— reliability of the transportation system. (3) AVAILABILITY.—Funds distributed to (A) by striking ‘‘as a’’ and inserting ‘‘as an ‘‘(B) INCLUSIONS.—The term ‘transpor- each State under paragraph (1) shall be air quality’’; and tation systems management and operations’ available for any purpose described in sec- (B) by inserting ‘‘air quality’’ before ‘‘at- includes— tion 133(c) of title 23, United States Code. tainment area’’; ‘‘(i) actions such as traffic detection and SEC. 1103. DEFINITIONS. (9) in paragraph (18) (as so redesignated) by surveillance, corridor management, freeway (a) DEFINITIONS.—Section 101(a) of title 23, striking ‘‘an undertaking to construct a par- management, arterial management, active United States Code, is amended— ticular portion of a highway, or if the con- transportation and demand management, (1) by striking paragraphs (6), (7), (9), (12), text so implies, the particular portion of a work zone management, emergency manage- (19), (20), (24), (25), (26), (28), (38), and (39); highway so constructed or any other under- ment, traveler information services, conges- (2) by redesignating paragraphs (2), (3), (4), taking’’ and inserting ‘‘any undertaking’’; tion pricing, parking management, auto- (5), (8), (13), (14), (15), (16), (17), (18), (21), (22), (10) in paragraph (19) (as so redesignated)— mated enforcement, traffic control, commer- (23), (27), (29), (30), (31), (32), (33), (34), (35), (A) by striking ‘‘the State transportation cial vehicle operations, freight management, (36), and (37) as paragraphs (3), (4), (5), (6), (9), department and’’; and and coordination of highway, rail, transit, (12), (13), (14), (15), (16), (17), (18), (19), (20), (B) by inserting ‘‘and the recipient’’ after bicycle, and pedestrian operations; and (21), (22), (23), (24), (25), (26), (28), (29), (33), and ‘‘Secretary’’; ‘‘(ii) coordination of the implementation of (34), respectively; (11) by striking paragraph (23) (as so redes- regional transportation system management (3) by inserting after paragraph (1) the fol- ignated) and inserting the following: and operations investments (such as traffic lowing: ‘‘(23) SAFETY IMPROVEMENT PROJECT.—The incident management, traveler information ‘‘(2) ASSET MANAGEMENT.—The term ‘asset term ‘safety improvement project’ means a services, emergency management, roadway management’ means a strategic and system- strategy, activity, or project on a public weather management, intelligent transpor- atic process of operating, maintaining, and road that is consistent with the State stra- tation systems, communication networks, improving physical assets, with a focus on tegic highway safety plan and corrects or and information sharing systems) requiring both engineering and economic analysis improves a roadway feature that constitutes agreements, integration, and interoper- based upon quality information, to identify a a hazard to road users or addresses a high- ability to achieve targeted system perform- structured sequence of maintenance, preser- way safety problem.’’; ance, reliability, safety, and customer serv- vation, repair, rehabilitation, and replace- (12) by inserting after paragraph (26) (as so ice levels. ment actions that will achieve and sustain a redesignated) the following: ‘‘(31) TRIBAL TRANSPORTATION FACILITY.— desired state of good repair over the lifecycle ‘‘(27) STATE STRATEGIC HIGHWAY SAFETY The term ‘tribal transportation facility’ of the assets at minimum practicable cost.’’; PLAN.—The term ‘State strategic highway means a public highway, road, bridge, trail, (4) in paragraph (4) (as redesignated by safety plan’ has the same meaning given or transit system that is located on or pro- paragraph (2))— such term in section 148(a).’’; vides access to tribal land and appears on the (A) in the matter preceding subparagraph (13) by striking paragraph (29) (as so redes- national tribal transportation facility inven- (A), by inserting ‘‘or any project eligible for ignated) and inserting the following: tory described in section 202(b)(1).

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‘‘(32) TRUCK STOP ELECTRIFICATION SYS- ‘‘(ii) shall be designated by the Secretary, ‘‘(i) IN GENERAL.—Subject to clauses (ii) TEM.—The term ‘truck stop electrification in consultation with appropriate Federal through (vi), if the Secretary determines system’ means a system that delivers heat, agencies and the States. that a highway on the National Highway air conditioning, electricity, or communica- ‘‘(3) MODIFICATIONS TO NHS.— System would be a logical addition or con- tions to a heavy-duty vehicle.’’. ‘‘(A) IN GENERAL.—The Secretary may nection to the Interstate System and would (b) SENSE OF CONGRESS.—Section 101(c) of make any modification, including any modi- qualify for designation as a route on the title 23, United States Code, is amended by fication consisting of a connector to a major Interstate System under subparagraph (A) if striking ‘‘system’’ and inserting ‘‘highway’’. intermodal terminal, to the National High- the highway met all standards of a highway on the Interstate System, the Secretary SEC. 1104. NATIONAL HIGHWAY SYSTEM. way System that is proposed by a State if the Secretary determines that the modifica- may, upon the affirmative recommendation (a) IN GENERAL.—Section 103 of title 23, tion— of the State or States in which the highway United States Code, is amended to read as ‘‘(i) meets the criteria established for the is located, designate the highway as a future follows: National Highway System under this title Interstate System route. ‘‘§ 103. National highway system after the date of enactment of the MAP–21; ‘‘(ii) WRITTEN AGREEMENT.—A designation ‘‘(a) IN GENERAL.—For the purposes of this and under clause (i) shall be made only upon the title, the Federal-aid system is the National ‘‘(ii) enhances the national transportation written agreement of each State described in Highway System, which includes the Inter- characteristics of the National Highway Sys- that clause that the highway will be con- state System. tem. structed to meet all standards of a highway on the Interstate System by not later than ‘‘(b) NATIONAL HIGHWAY SYSTEM.— ‘‘(B) COOPERATION.— the date that is 25 years after the date of the ‘‘(1) DESCRIPTION.—The National Highway ‘‘(i) IN GENERAL.—In proposing a modifica- System consists of the highway routes and tion under this paragraph, a State shall co- agreement. ‘‘(iii) FAILURE TO COMPLETE CONSTRUC- connections to transportation facilities that operate with local and regional officials. TION.—If a State described in clause (i) has shall— ‘‘(ii) URBANIZED AREAS.—In an urbanized not substantially completed the construc- ‘‘(A) serve major population centers, inter- area, the local officials shall act through the tion of a highway designated under this sub- national border crossings, ports, airports, metropolitan planning organization des- paragraph by the date specified in clause (ii), public transportation facilities, and other ignated for the area under section 134. the Secretary shall remove the designation intermodal transportation facilities and ‘‘(c) INTERSTATE SYSTEM.— of the highway as a future Interstate System other major travel destinations; ‘‘(1) DESCRIPTION.— route. ‘‘(B) meet national defense requirements; ‘‘(A) IN GENERAL.—The Dwight D. Eisen- ‘‘(iv) EFFECT OF REMOVAL.—Removal of the and hower National System of Interstate and De- designation of a highway under clause (iii) ‘‘(C) serve interstate and interregional fense Highways within the United States (in- shall not preclude the Secretary from desig- travel and commerce. cluding the District of Columbia and Puerto nating the highway as a route on the Inter- ‘‘(2) COMPONENTS.—The National Highway Rico) consists of highways designed, located, state System under subparagraph (A) or System described in paragraph (1) consists of and selected in accordance with this para- under any other provision of law providing the following: graph. for addition to the Interstate System. ‘‘(A) The National Highway System de- ‘‘(B) DESIGN.— ‘‘(v) RETROACTIVE EFFECT.—An agreement picted on the map submitted by the Sec- ‘‘(i) IN GENERAL.—Except as provided in described in clause (ii) that is entered into retary of Transportation to Congress with clause (ii), highways on the Interstate Sys- before August 10, 2005, shall be deemed to in- the report entitled ‘Pulling Together: The tem shall be designed in accordance with the clude the 25-year time limitation described National Highway System and its Connec- standards of section 109(b). in that clause, regardless of any earlier con- tions to Major Intermodal Terminals’ and ‘‘(ii) EXCEPTION.—Highways on the Inter- struction completion date in the agreement. dated May 24, 1996, and modifications ap- state System in Alaska and Puerto Rico ‘‘(vi) REFERENCES.—No law, rule, regula- proved by the Secretary before the date of shall be designed in accordance with such tion, map, document, or other record of the enactment of the MAP–21. geometric and construction standards as are United States, or of any State or political ‘‘(B) Other urban and rural principal arte- adequate for current and probable future subdivision of a State, shall refer to any rial routes, and border crossings on those traffic demands and the needs of the locality highway designated as a future Interstate routes, that were not included on the Na- of the highway. System route under this subparagraph, and tional Highway System before the date of en- ‘‘(C) LOCATION.—Highways on the Inter- no such highway shall be signed or marked, actment of the MAP–21. state System shall be located so as— as a highway on the Interstate System, until ø‘‘(C) Other connector highways (including ‘‘(i) to connect by routes, as direct as prac- such time as the highway— toll facilities) that provide motor vehicle ac- ticable, the principal metropolitan areas, ‘‘(I) is constructed to the geometric and cess between arterial routes on the National cities, and industrial centers; construction standards for the Interstate Highway System and a major intermodal ‘‘(ii) to serve the national defense; and System; and transportation facility that was not included ‘‘(iii) to the maximum extent practicable, ‘‘(II) has been designated as a route on the on the National Highway System before the to connect at suitable border points with Interstate System. date of enactment of the MAP–21.¿ routes of continental importance in Canada ‘‘(C) FINANCIAL RESPONSIBILITY.—Except as ‘‘(C) Other connector highways (including toll and Mexico. provided in this title, the designation of a facilities) that were not included in the National ‘‘(D) SELECTION OF ROUTES.—To the max- highway under this paragraph shall create Highway System before the date of enactment of imum extent practicable, each route of the no additional Federal financial responsi- the MAP–21 but that provide motor vehicle ac- Interstate System shall be selected by joint bility with respect to the highway. cess between arterial routes on the National action of the State transportation depart- ‘‘(5) EXEMPTION OF INTERSTATE SYSTEM.— Highway System and a major intermodal trans- ments of the State in which the route is lo- ‘‘(A) IN GENERAL.—Except as provided in portation facility. cated and the adjoining States, in coopera- subparagraph (B), the Interstate System ‘‘(D) A strategic highway network that— tion with local and regional officials, and shall not be considered to be a historic site ‘‘(i) consists of a network of highways that subject to the approval of the Secretary. under section 303 of title 49 or section 138 of are important to the United States strategic ‘‘(2) MAXIMUM MILEAGE.—The mileage of this title, regardless of whether the Inter- defense policy, that provide defense access, highways on the Interstate System shall not state System or portions or elements of the continuity, and emergency capabilities for exceed 43,000 miles, exclusive of designations Interstate System are listed on, or eligible the movement of personnel, materials, and under paragraph (4). for listing on, the National Register of His- equipment in both peacetime and wartime, ‘‘(3) MODIFICATIONS.—The Secretary may toric Places. and that were not included on the National approve or require modifications to the ‘‘(B) INDIVIDUAL ELEMENTS.—Subject to Highway System before the date of enact- Interstate System in a manner consistent subparagraph (C)— ment of the MAP–21; with the policies and procedures established ‘‘(i) the Secretary shall determine, through ‘‘(ii) may include highways on or off the under this subsection. the administrative process established for Interstate System; and ‘‘(4) INTERSTATE SYSTEM DESIGNATIONS.— exempting the Interstate System from sec- ‘‘(iii) shall be designated by the Secretary, ‘‘(A) ADDITIONS.—If the Secretary deter- tion 106 of the National Historic Preserva- in consultation with appropriate Federal mines that a highway on the National High- tion Act (16 U.S.C. 470f), those individual ele- agencies and the States. way System meets all standards of a high- ments of the Interstate System that possess ‘‘(E) Major strategic highway network con- way on the Interstate System and that the national or exceptional historic significance nectors that— highway is a logical addition or connection (such as a historic bridge or a highly signifi- ‘‘(i) consist of highways that provide motor to the Interstate System, the Secretary cant engineering feature); and vehicle access between major military in- may, upon the affirmative recommendation ‘‘(ii) those elements shall be considered to stallations and highways that are part of the of the State or States in which the highway be historic sites under section 303 of title 49 strategic highway network but were not in- is located, designate the highway as a route or section 138 of this title, as applicable. cluded on the National Highway System be- on the Interstate System. ‘‘(C) CONSTRUCTION, MAINTENANCE, RES- fore the date of enactment of the MAP–21; ‘‘(B) DESIGNATIONS AS FUTURE INTERSTATE TORATION, AND REHABILITATION ACTIVITIES.— and SYSTEM ROUTES.— Subparagraph (B) does not prohibit a State

VerDate Mar 15 2010 05:24 Jun 04, 2013 Jkt 099060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 J:\CRONLINE\2000-THRU-2012-ONLINE-CORRECTIONS\2012 RECORD ONLINE CORREC bjneal on DSK2TWX8P1PROD with February 9, 2012 CONGRESSIONAL RECORD — SENATE S427 from carrying out construction, mainte- (B) in subsection (b), in the first sentence, improvement program for fiscal year 2009, nance, preservation, restoration, or rehabili- by striking ‘‘of the Federal-aid systems’’ and plus 10 percent of the amount apportioned to tation activities for a portion of the Inter- inserting ‘‘Federal-aid highway’’. the State for the surface transportation pro- state System referred to in subparagraph (B) (3) SECTION 123.—Section 123(a) of title 23, gram for that fiscal year; bears to upon compliance with section 303 of title 49 United States Code, is amended in the first ‘‘(B) the total amount of funds apportioned or section 138 of this title, as applicable, and sentence by striking ‘‘Federal-aid system’’ to the State for that fiscal year for the pro- section 106 of the National Historic Preserva- and inserting ‘‘Federal-aid highway’’. grams referred to in section 105(a)(2) (except tion Act (16 U.S.C. 470f).’’. (4) SECTION 217.—Section 217(b) of title 23, for the high priority projects program re- ø‘‘(d) OPERATION OF CONVENTIONAL COM- United States Code, is amended in the sub- ferred to in section 105(a)(2)(H)), as in effect BINATION VEHICLES ON THE NATIONAL HIGH- section heading by striking ‘‘NATIONAL HIGH- on the day before the date of enactment of WAY SYSTEM.— WAY SYSTEM’’ and inserting ‘‘NATIONAL HIGH- the MAP–21. ‘‘(1) DEFINITION OF CONVENTIONAL COMBINA- WAY PERFORMANCE PROGRAM’’. ‘‘(5) NATIONAL FREIGHT PROGRAM.—For the TION VEHICLES.—In this subsection, the term (5) SECTION 304.—Section 304 of title 23, national freight program, 5.7 percent of the ‘conventional combination vehicles’ means— United States Code, is amended in the first amount remaining after distributing ‘‘(A) truck-tractor or semi-trailer com- sentence by striking ‘‘the Federal-aid high- amounts under paragraphs (4) and (6). binations with semi-trailers up to 53 feet in way systems’’ and inserting ‘‘Federal-aid ‘‘(6) METROPOLITAN PLANNING.—To carry length and 102 inches in width; highways’’. out section 134, an amount determined by ‘‘(B) truck-tractor, semi-trailer, or trailer (6) SECTION 317.—Section 317(d) of title 23, multiplying the amount determined for the combinations with each semi-trailer and United States Code is amended by striking State under subsection (c) by the proportion trailer up to 28.5 feet in length and 102 inches ‘‘system’’ and inserting ‘‘highway’’. that— in width; and SEC. 1105. APPORTIONMENT. ‘‘(A) the amount apportioned to the State ‘‘(C) drive-away saddlemount combina- (a) IN GENERAL.—Section 104 of title 23, to carry out section 134 for fiscal year 2009; tions, not to exceed 97 feet in overall length, United States Code, is amended to read as bears to with up to 3 truck tractors, with or without follows: ‘‘(B) the total amount of funds apportioned a full mount, towed by a truck tractor. ‘‘§ 104. Apportionment to the State for that fiscal year for the pro- ‘‘(2) NATIONAL NETWORK.—The National ‘‘(a) ADMINISTRATIVE EXPENSES.— grams referred to in section 105(a)(2) (except Network designated under the Surface ‘‘(1) IN GENERAL.—There are authorized to for the high priority projects program re- Transportation Assistance Act of 1982 (Pub- be appropriated from the Highway Trust ferred to in section 105(a)(2)(H)), as in effect lic Law 97–424; 96 Stat. 2119) is repealed. Fund (other than the Mass Transit Account) on the day before the date of enactment of ‘‘(3) OPERATION OF CONVENTIONAL COMBINA- to be made available to the Secretary for ad- the MAP–21. TION VEHICLES.— ministrative expenses of the Federal High- ‘‘(c) CALCULATION OF STATE AMOUNTS.— ‘‘(A) REQUIREMENT.—Conventional com- way Administration $480,000,000 for each of ‘‘(1) STATE SHARE.—The amount for each bination vehicles shall be permitted to oper- fiscal years 2012 and 2013. State of combined apportionments for the ate in all States on all segments of the Na- ‘‘(2) PURPOSES.—The amounts authorized national highway performance program tional Highway System other than seg- to be appropriated by this subsection shall under section 119, the transportation mobil- ments— be used— ity program under section 133, the highway ‘‘(i) that were open to traffic on the date of ‘‘(A) to administer the provisions of law to safety improvement program under section enactment of the MAP–21; and be funded from appropriations for the Fed- 148, the congestion mitigation and air qual- ‘‘(ii) on which all nonpassenger commer- eral-aid highway program and programs au- ity improvement program under section 149, cial motor vehicles are banned on the date of thorized under chapter 2; the national freight program under section enactment of the MAP-21. ‘‘(B) to make transfers of such sums as the 167, and to carry out section 134 shall be de- ‘‘(B) RESTRICTIONS.—A State may request Secretary determines to be appropriate to termined as follows: temporary or permanent restrictions on the the Appalachian Regional Commission for ‘‘(A) INITIAL AMOUNT.—The initial amount operation of conventional combination vehi- administrative activities associated with the for each State shall be determined by multi- cles, subject to approval by the Secretary, Appalachian development highway system; plying the total amount available for appor- based on safety considerations, geometric and tionment by the share for each State which constraints, work zones, weather, or traffic ‘‘(C) to reimburse, as appropriate, the Of- shall be equal to the proportion that— management requirements of special events fice of Inspector General of the Department ‘‘(i) the amount of apportionments and al- or emergencies. of Transportation for the conduct of annual locations that the State received for fiscal ‘‘(C) REASONABLE ACCESS.—Conventional audits of financial statements in accordance years 2005 through 2009; bears to combination vehicles shall be given reason- with section 3521 of title 31. ‘‘(ii) the amount of those apportionments able access, by the most reasonable, prac- ‘‘(3) AVAILABILITY.—The amounts made and allocations received by all States for ticable, and safe route available, subject to available under paragraph (1) shall remain those fiscal years. available until expended. review by the Secretary— ‘‘(B) ADJUSTMENTS TO AMOUNTS.—The ini- ‘‘(b) DIVISION OF STATE APPORTIONMENTS ‘‘(i) between the National Highway System tial amounts resulting from the calculation and facilities for food, fuel, and rest within 1 AMONG PROGRAMS.—The Secretary shall dis- tribute the amount apportioned to a State under subparagraph (A) shall be adjusted to mile of the National Highway System; and for a fiscal year under subsection (c) among ensure that, for each State, the amount of ‘‘(ii) to terminal locations for the unload- the national highway performance program, combined apportionments for the programs ing and loading of cargo.’’. the transportation mobility program, the shall not be less than 95 percent of the esti- (b) CONFORMING AMENDMENTS.—¿ highway safety improvement program, the mated tax payments attributable to highway (b) INCLUSION OF CERTAIN ROUTE SEGMENTS congestion mitigation and air quality im- users in the State paid into the Highway ON INTERSTATE SYSTEM.— provement program, and the national freight Trust Fund (other than the Mass Transit Ac- (1) IN GENERAL.—Section 1105(e)(5)(A) of the program, and to carry out section 134 as fol- count) in the most recent fiscal year for Intermodal Surface Transportation Efficiency lows: which data are available. Act of 1991 (105 Stat. 2032; 109 Stat. 597) is ‘‘(1) NATIONAL HIGHWAY PERFORMANCE PRO- ‘‘(2) STATE APPORTIONMENT.—On October 1 amended by striking ‘‘and subsections (c)(18) GRAM.—For the national highway perform- of each fiscal year, the Secretary shall ap- and (c)(20)’’ and inserting ‘‘, in subsections ance program, 58 percent of the amount re- portion the sum authorized to be appro- (c)(18) and (c)(20), and in subparagraphs (A)(iii) maining after distributing amounts under priated for expenditure on the national high- and (B) of subsection (c)(26)’’. paragraphs (4) and (6). way performance program under section 119, (2) ROUTE DESIGNATION.—Section ‘‘(2) TRANSPORTATION MOBILITY PROGRAM.— the transportation mobility program under 1105(e)(5)(C)(i) of the Intermodal Surface Trans- For the transportation mobility program, section 133, the highway safety improvement portation Efficiency Act of 1991 (105 Stat. 2032; 29.3 percent of the amount remaining after program under section 148, the congestion 109 Stat. 598) is amended by adding at the end distributing amounts under paragraphs (4) mitigation and air quality improvement pro- the following: ‘‘The routes referred to subpara- and (6). gram under section 149, the national freight graphs (A)(iii) and (B)(i) of subsection (c)(26) ‘‘(3) HIGHWAY SAFETY IMPROVEMENT PRO- program under section 167, and to carry out are designated as Interstate Route I-11.’’. GRAM.—For the highway safety improvement section 134 in accordance with paragraph (1). (c) CONFORMING AMENDMENTS.— program, 7 percent of the amount remaining ‘‘(d) METROPOLITAN PLANNING.— (1) ANALYSIS.—The analysis for chapter 1 of after distributing amounts under paragraphs ‘‘(1) USE OF AMOUNTS.— title 23, United States Code, is amended by (4) and (6). ‘‘(A) USE.— striking the item relating to section 103 and ‘‘(4) CONGESTION MITIGATION AND AIR QUAL- ‘‘(i) IN GENERAL.—Except as provided in inserting the following: ITY IMPROVEMENT PROGRAM.—For the conges- clause (ii), the amounts apportioned to a ‘‘103. National highway system.’’. tion mitigation and air quality improvement State under subsection (b)(6) shall be made (2) SECTION 113.—Section 113 of title 23, program, an amount determined by multi- available by the State to the metropolitan United States Code, is amended— plying the amount determined for the State planning organizations responsible for car- (A) in subsection (a) by striking ‘‘the Fed- under subsection (c) by the proportion that— rying out section 134 in the State. eral-aid systems’’ and inserting ‘‘Federal-aid ‘‘(A) the amount apportioned to the State ‘‘(ii) STATES RECEIVING MINIMUM APPORTION- highways’’; and for the congestion mitigation and air quality MENT.—A State that received the minimum

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apportionment for use in carrying out sec- ‘‘(A) IN GENERAL.—Subject to subparagraph ‘‘§ 119. National highway performance pro- tion 134 for fiscal year 2009 may, subject to (B), amounts made available for transit gram the approval of the Secretary, use the funds projects or transportation planning under ‘‘(a) ESTABLISHMENT.—The Secretary shall apportioned under subsection (b)(6) to fund this title may be transferred to and adminis- establish and implement a national highway transportation planning outside of urbanized tered by the Secretary in accordance with performance program under this section. areas. chapter 53 of title 49. ‘‘(b) PURPOSES.—The purposes of the na- ‘‘(B) UNUSED FUNDS.—Any funds that are ‘‘(B) NON-FEDERAL SHARE.—The provisions tional highway performance program shall not used to carry out section 134 may be of this title relating to the non-Federal be— made available by a metropolitan planning share shall apply to the amounts transferred ‘‘(1) to provide support for the condition organization to the State to fund activities under subparagraph (A). and performance of the National Highway under section 135. ‘‘(2) TRANSFER OF TRANSIT FUNDS FOR HIGH- System; and ‘‘(2) DISTRIBUTION OF AMOUNTS WITHIN WAY PROJECTS.— ø‘‘(2) to ensure that investments of Fed- STATES.— ‘‘(A) IN GENERAL.—Subject to subparagraph eral-aid funds in highway infrastructure are ‘‘(A) IN GENERAL.—The distribution within (B), amounts made available for highway directed to achievement of established na- any State of the planning funds made avail- projects or transportation planning under tional performance goals for infrastructure able to organizations under paragraph (1) chapter 53 of title 49 may be transferred to condition and performance.¿ shall be in accordance with a formula that— and administered by the Secretary in accord- ‘‘(2) to ensure that investments of Federal-aid ‘‘(i) is developed by each State and ap- ance with this title. funds in highway construction are directed to proved by the Secretary; and ‘‘(B) NON-FEDERAL SHARE.—The provisions support progress toward the achievement of per- ‘‘(ii) takes into consideration, at a min- of chapter 53 of title 49 relating to the non- formance targets for infrastructure condition imum, population, status of planning, at- Federal share shall apply to amounts trans- and performance. tainment of air quality standards, metropoli- ferred under subparagraph (A). ‘‘(c) ELIGIBLE FACILITIES.—Except as pro- vided in subsection (d), to be eligible for tan area transportation needs, and other fac- ‘‘(3) TRANSFER OF FUNDS AMONG STATES OR funding apportioned under section 104(b)(1) tors necessary to provide for an appropriate TO FEDERAL HIGHWAY ADMINISTRATION.— to carry out this section, a facility shall be distribution of funds to carry out section 134 ‘‘(A) IN GENERAL.—Subject to subparagraph located on the National Highway System, as and other applicable requirements of Federal (B), the Secretary may, at the request of a State, transfer amounts apportioned or allo- defined in section 103. law. ‘‘(d) ELIGIBLE PROJECTS.—Funds appor- ø cated under this title to the State to another ‘‘(B) REIMBURSEMENT.—Not later than 10 tioned to a State to carry out the national days¿ 15 business days after the date of re- State, or to the Federal Highway Adminis- tration, for the purpose of funding 1 or more highway performance program may be obli- ceipt by a State of a request for reimburse- gated only for a project on an eligible facil- ment of expenditures made by a metropoli- projects that are eligible for assistance with amounts so apportioned or allocated. ity that is— tan planning organization for carrying out ‘‘(1) a project, or is part of a program of section 134, the State shall reimburse, from ‘‘(B) APPORTIONMENT.—The transfer shall have no effect on any apportionment of projects, supporting progress toward the amounts distributed under this paragraph to achievement of national performance goals the metropolitan planning organization by amounts to a State under this section. ‘‘(C) FUNDS SUBALLOCATED TO URBANIZED for improving infrastructure condition, safe- the State, the metropolitan planning organi- AREAS.—Amounts that are apportioned or al- ty, mobility, or freight movement on the Na- zation for those expenditures. located to a State under subsection (b)(3) (as tional Highway System and consistent with ‘‘(3) DETERMINATION OF POPULATION FIG- in effect on the day before the date of enact- sections 134 and 135; and URES.—For the purpose of determining popu- ment of the MAP–21) or subsection (b)(2) and ‘‘(2) for 1 or more of the following purposes: lation figures under this subsection, the Sec- attributed to an urbanized area of a State ‘‘(A) Construction, reconstruction, resur- retary shall use the latest available data with a population of more than 200,000 indi- facing, restoration, rehabilitation, preserva- from the decennial census conducted under viduals under section 133(d) may be trans- tion, or operational improvement of seg- section 141(a) of title 13, United States Code. ferred under this paragraph only if the met- ments of the National Highway System. ‘‘(e) CERTIFICATION OF APPORTIONMENTS.— ropolitan planning organization designated ‘‘(B) Construction, replacement (including ‘‘(1) IN GENERAL.—The Secretary shall— for the area concurs, in writing, with the replacement with fill material), rehabilita- ‘‘(A) on October 1 of each fiscal year, cer- transfer request. tion, preservation, and protection (including tify to each of the State transportation de- ‘‘(4) TRANSFER OF OBLIGATION AUTHORITY.— scour countermeasures, seismic retrofits, partments the amount that has been appor- Obligation authority for amounts trans- impact protection measures, security coun- tioned to the State under this section for the ferred under this subsection shall be trans- termeasures, and protection against extreme fiscal year; and ferred in the same manner and amount as events) of bridges on the National Highway ‘‘(B) to permit the States to develop ade- the amounts for the projects øthat are trans- System. quate plans for the use of amounts appor- ferred under this subsection.¿ that are trans- ‘‘(C) Construction, replacement (including tioned under this section, advise each State ferred under this section.’’ replacement with fill material), rehabilita- of the amount that will be apportioned to ‘‘(g) REPORT TO CONGRESS.—For each fiscal tion, preservation, and protection (including the State under this section for a fiscal year year, the Secretary shall make available to the impact protection measures, security coun- not later than 90 days before the beginning public, in a user-friendly format via the Inter- termeasures, and protection against extreme of the fiscal year for which the sums to be net, a report that describes— events) of tunnels on the National Highway apportioned are authorized. ‘‘(1) the amount obligated, by each State, for System. ‘‘(2) NOTICE TO STATES.—If the Secretary Federal-aid highways and highway safety con- ‘‘(D) Inspection and evaluation, as de- has not made an apportionment under this struction programs during the preceding fiscal scribed in section 144, of bridges and tunnels section for a fiscal year beginning after Sep- year; on the National Highway System, and in- tember 30, 1998, by not later than the date ‘‘(2) the balance, as of the last day of the pre- spection and evaluation of other highway in- that is the twenty-first day of that fiscal ceding fiscal year, of the unobligated apportion- frastructure assets on the National Highway year, the Secretary shall submit, by not ment of each State by fiscal year under this sec- System, including signs and sign structures, later than that date, to the Committee on tion; earth retaining walls, and drainage struc- Transportation and Infrastructure of the ‘‘(3) the balance of unobligated sums available tures. House of Representatives and the Committee for expenditure at the discretion of the Sec- ‘‘(E) Training of bridge and tunnel inspec- on Environment and Public Works of the retary for such highways and programs for the tors, as described in section 144. Senate, a written statement of the reason for fiscal year; and ‘‘(F) Construction, rehabilitation, or re- not making the apportionment in a timely ‘‘(4) the rates of obligation of funds appor- placement of existing ferry boats and ferry manner. tioned or set aside under this section, according boat facilities, including approaches, that ‘‘(3) APPORTIONMENT CALCULATIONS.— to— connect road segments of the National High- ‘‘(A) IN GENERAL.—The calculation of offi- ‘‘(A) program; way System. cial apportionments of funds to the States ‘‘(B) funding category of subcategory; ‘‘(G) Construction, reconstruction, resur- under this title is a primary responsibility of ‘‘(C) type of improvement; ‘‘(D) State; and facing, restoration, rehabilitation, and pres- the Department and shall be carried out only ‘‘(E) sub-State geographical area, including ervation of, and operational improvements by employees (and not contractors) of the urbanized and rural areas, on the basis of the for, a Federal-aid highway not on the Na- Department. population of each such area.’’. tional Highway System, and construction of ‘‘(B) PROHIBITION ON USE OF FUNDS TO HIRE (b) CONFORMING AMENDMENT.—Section a transit project eligible for assistance under CONTRACTORS.—None of the funds made avail- 146(a) of title 23, United States Code, is chapter 53 of title 49, if— able under this title shall be used to hire amended by striking ‘‘sections 104(b)(l) and ‘‘(i) the highway project or transit project contractors to calculate the apportionments 104(b)(3)’’ and inserting ‘‘section 104(b)(2)’’. is in the same corridor as, and in proximity of funds to States. SEC. 1106. NATIONAL HIGHWAY PERFORMANCE to, a fully access-controlled highway des- ‘‘(f) TRANSFER OF HIGHWAY AND TRANSIT PROGRAM. ignated as a part of the National Highway FUNDS.— (a) IN GENERAL.—Section 119 of title 23, System; ‘‘(1) TRANSFER OF HIGHWAY FUNDS FOR United States Code, is amended to read as ‘‘(ii) the construction or improvements TRANSIT PROJECTS.— follows: will øenhance the level of service¿ reduce

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Highway System; are more cost-effective, as determined by ‘‘(f) STATE PERFORMANCE MANAGEMENT.— ‘‘(IV) the performance of the Interstate Sys- benefit-cost analysis, than an improvement ‘‘(1) IN GENERAL.—A State shall develop a tem; and to the fully access-controlled highway de- risk-based asset management plan for the ‘‘(V) the performance of the National High- scribed in clause (i). National Highway System øbased on a proc- way System (excluding the Interstate System); ‘‘(H) Bicycle transportation and pedestrian ess defined by the Secretary to guide effec- ‘‘(iii) the data elements that are necessary to walkways in accordance with section 217. tive investment decisions¿ to improve or pre- collect and maintain data, and a standardized ‘‘(I) Highway safety improvements for seg- serve asset condition and system perform- process for collection and sharing of data with ments of the National Highway System. ance. appropriate governmental entities at the Fed- ‘‘(J) Capital and operating costs for traffic ‘‘(2) PERFORMANCE DRIVEN PLAN.—A State eral, State, and local levels (including metro- and traveler information monitoring, man- asset management plan shall include strate- politan planning organizations), to carry out agement, and control facilities and pro- gies leading to a program of projects that paragraph (5); and grams. would make progress toward achievement of ‘‘(iv) minimum levels for— ‘‘(K) Development and implementation of a the State targets for asset condition and per- ‘‘(I) the condition of pavement on the Inter- State asset management plan for the Na- formance of the National Highway System in state System; and tional Highway System in accordance with accordance with paragraph (5) øand, to the ‘‘(II) the condition of bridges on the National this section, including data collection, main- maximum extent practicable, reflect the¿ Highway System. tenance, and integration and the cost associ- and supporting the progress toward the achieve- ‘‘(B) STATE PARTICIPATION.—In carrying out ated with obtaining, updating, and licensing ment of the national goals identified in sec- subparagraph (A), the Secretary shall— software and equipment required for risk- tion 150. ‘‘(i) provide States not less than 90 days to based asset management and performance- ‘‘(3) PLAN CONTENTS.—A State asset man- comment on any regulation proposed by the Sec- based management. agement plan shall, at a minimum, be in a retary under that subparagraph; and ‘‘(L) Infrastructure-based intelligent trans- form that the Secretary determines to be ap- ‘‘(ii) take into consideration any comments of portation systems capital improvements. propriate and include— ‘‘(M) Environmental restoration and pollu- the States relating to a proposed regulation re- ‘‘(A) a summary listing of the øhighway in- ceived during that comment period. tion abatement in accordance with section frastructure¿ pavement and bridge assets on 328. ‘‘(5) STATE PERFORMANCE TARGETS.— the National Highway System in the State, ‘‘(A) ESTABLISHMENT OF TARGETS.—Not ‘‘(N) Control of noxious weeds and aquatic including a description of the condition of noxious weeds and establishment of native later than 1 year after the date on which the those assets; species in accordance with section 329. Secretary promulgates final regulations ‘‘(B) asset management objectives and ‘‘(O) In accordance with all applicable Fed- under paragraph (4), each State, in consulta- measures; eral law (including regulations), participa- tion with metropolitan planning organiza- ‘‘(C) performance gap identification; tion in natural habitat and wetlands mitiga- tions, shall establish targets that address ‘‘(D) lifecycle cost and risk management tion efforts relating to projects funded under each of the performance measures identified analysis; this title, which may include participation in paragraph (4)(B). ‘‘(E) a financial plan; and in natural habitat and wetlands mitigation ‘‘(B) PERIODIC UPDATES.—Each State shall ‘‘(F) investment strategies. banks, contributions to statewide and re- periodically update the targets established ø‘‘(4) STANDARDS AND MEASURES.—Not later gional efforts to conserve, restore, enhance, under subparagraph (A). and create natural habitats and wetlands, than 18 months after the date of enactment ‘‘(6) REQUIREMENT FOR PLAN.—To obligate and development of statewide and regional of the MAP–21, the Secretary shall, by regu- funding apportioned under section 104(b)(1), natural habitat and wetlands conservation lation and in consultation with State depart- each State shall have in effect— and mitigation plans, including any such ments of transportation and other stake- ‘‘(A) a risk-based asset management plan banks, efforts, and plans developed in ac- holders, establish— for the National Highway System in accord- cordance with applicable Federal law (in- ‘‘(A) minimum standards for States to use ance with this section, developed through a cluding regulations), on the conditions in developing and operating pavement man- process defined and approved by the Sec- that— agement systems and bridge management retary; and ‘‘(i) contributions to those mitigation ef- systems; ‘‘(B) State targets that address the per- forts may— ‘‘(B) measures for States to use to assess— formance measures identified in paragraph ‘‘(I) take place concurrent with or in ad- ‘‘(i) the condition of pavements on the (4)(B). vance of project construction; and Interstate system; ‘‘(7) CERTIFICATION OF PLAN DEVELOPMENT ‘‘(II) occur in advance of project construc- ‘‘(ii) the condition of pavements on the Na- PROCESS.— tion only if the efforts are consistent with tional Highway System (excluding the Inter- ‘‘(A) IN GENERAL.—Not later than 90 days all applicable requirements of Federal law state); after the date on which a State submits a re- (including regulations) and State transpor- ‘‘(iii) the condition of bridges on the Na- quest for approval of the process used by the tation planning processes; and tional Highway System; State to develop the State asset manage- ‘‘(ii) with respect to participation in a nat- ‘‘(iv) the performance of the Interstate ment plan for the National Highway System, ural habitat or wetland mitigation effort re- System; and the Secretary shall— lating to a project funded under this title ‘‘(v) the performance of the National High- ‘‘(i) review the process; and that has an impact that occurs within the way System (excluding the Interstate Sys- ‘‘(ii)(I) certify that the process meets the service area of a mitigation bank, preference tem); requirements established by the Secretary; is given, to the maximum extent practicable, ‘‘(C) the data elements that are necessary or to the use of the mitigation bank if the bank to collect and maintain data, and a standard- ‘‘(II) deny certification and specify actions contains sufficient available credits to offset ized process for collection and sharing of necessary for the State to take to correct de- the impact and the bank is approved in ac- data with appropriate governmental entities ficiencies in the State process. cordance with applicable Federal law (in- at the Federal, State, and local levels (in- ‘‘(B) RECERTIFICATION.—Not less often than cluding regulations). cluding metropolitan planning organiza- every 4 years, the Secretary shall review and ‘‘(e) LIMITATION ON NEW CAPACITY.— tions), to carry out paragraph (5); and recertify that the process used by a State to ‘‘(1) IN GENERAL.—Except as provided in ‘‘(D) minimum levels for— develop and maintain the State asset man- paragraph (2), the maximum amount that a ‘‘(i) the condition of pavement on the agement plan for the National Highway Sys- State may obligate under this section for Interstate System; and tem meets the requirements for the process, projects under subsection (d)(2)(G) and that ‘‘(ii) the condition of bridges on the Na- as established by the Secretary. is attributable to the portion of the cost of tional Highway System.¿ ‘‘(C) OPPORTUNITY TO CURE.—If the Secretary any project undertaken to expand the capac- ‘‘(4) STANDARDS AND MEASURES.— denies certification under subparagraph (A), the ity of eligible facilities on the National ‘‘(A) IN GENERAL.—Subject to subparagraph Secretary shall provide the State with— Highway System, in a case in which the new (B), not later than 18 months after the date of ‘‘(i) not less than 90 days to cure the defi- capacity consists of 1 or more new travel enactment of the MAP–21, the Secretary shall, ciencies of the plan, during which time period lanes that are not high-occupancy vehicle in consultation with State departments of trans- all penalties and other legal impacts of a denial lanes, shall not, in total, exceed 40 percent of portation and other stakeholders, establish— of certification shall be stayed; and the combined apportionments of a State ‘‘(i) minimum standards for States to use in ‘‘(ii) a written statement of the specific ac- under section 104(b)(1) for the most recent 3 developing and operating pavement manage- tions the Secretary determines to be necessary consecutive fiscal years. ment systems and bridge management systems; for the State to cure the plan. ‘‘(2) EXCEPTION.—Paragraph (1) shall not ‘‘(ii) measures for States to use to assess— ‘‘(8) PERFORMANCE REPORTS.— apply to a project for the construction of ‘‘(I) the condition of pavements on the Inter- ‘‘(A) IN GENERAL.—Not later than 4 years auxiliary lanes and turning lanes or widening state system; after the date of enactment of the MAP–21

VerDate Mar 15 2010 05:24 Jun 04, 2013 Jkt 099060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 J:\CRONLINE\2000-THRU-2012-ONLINE-CORRECTIONS\2012 RECORD ONLINE CORREC bjneal on DSK2TWX8P1PROD with S430 CONGRESSIONAL RECORD — SENATE February 9, 2012 and biennially thereafter, a State shall sub- of the amount of funds apportioned to the ‘‘(2) catastrophic failure from any external mit to the Secretary a report that de- State for fiscal year 2009 under the highway cause. scribes— bridge program for the purposes described in ‘‘(b) RESTRICTION ON ELIGIBILITY.— ‘‘(i) the condition and performance of the section 144 (as in effect on the day before the ‘‘(1) DEFINITION OF CONSTRUCTION PHASE.— National Highway System in the State; date of enactment of the MAP–21), except In this subsection, the term ‘construction ‘‘(ii) progress in achieving State targets for that the amount reserved under this clause phase’ means the phase of physical construc- each of the performance measures for the shall be increased by 2 percent over the tion of a highway or bridge facility that is National Highway System; and amount reserved in the previous fiscal year separate from any other identified phases, ‘‘(iii) the effectiveness of the investment for each year after fiscal year 2013; and¿ such as planning, design, or right-of-way strategy documented in the State asset man- ‘‘(i) to obligate, from the amounts apportioned phases, in the State transportation improve- agement plan for the National Highway Sys- to the State under section 104(b)(1), an amount ment program. tem. for bridges on the National Highway System ‘‘(2) RESTRICTION.—In no case shall funds ‘‘(B) FAILURE TO ACHIEVE TARGETS.—A that is not less than 50 percent of the amount of be used under this section for the repair or State that does not achieve or make signifi- funds apportioned to the State for fiscal year reconstruction of a bridge— cant progress toward achieving the targets 2009 under the highway bridge program for the ‘‘(A) that has been permanently closed to of the State for performance measures de- purposes described in section 144 (as in effect on all vehicular traffic by the State or respon- scribed in subparagraph (A)(ii) for 2 consecu- the day before the date of enactment of the sible local official because of imminent dan- tive reports submitted under this paragraph MAP–21), except that for each year after fiscal ger of collapse due to a structural deficiency shall include in the next report submitted a year 2013, the amount required to be obligated or physical deterioration; or description of the actions the State will un- under this clause shall be increased by 2 percent ‘‘(B) if a construction phase of a replace- dertake to achieve the targets. over the amount required to be obligated in the ment structure is included in the approved ‘‘(9) PROCESS.—Not later than 18 months after previous fiscal year; and Statewide transportation improvement pro- the date of enactment of the MAP–21, the Sec- ‘‘(ii) to transfer, from the amounts appor- gram at the time of an event described in retary shall, by regulation and in consultation tioned to the State under section 104(b)(2) to subsection (a). with State departments of transportation, estab- the apportionment of the State under sec- lish the process to develop the State asset man- ‘‘(c) FUNDING.— tion 104(b)(1), an amount equal to 10 percent ‘‘(1) IN GENERAL.—Subject to the limita- agement plan described in paragraph (1) and es- of the amount of funds apportioned to the tablish the standards and measures described in tions described in paragraph (2), there are State for fiscal year 2009 under the highway authorized to be appropriated from the High- paragraph (4). bridge program for the purposes described in ‘‘(g) INTERSTATE SYSTEM AND NHS BRIDGE way Trust Fund (other than the Mass Tran- section 144 (as in effect on the day before the CONDITIONS.— sit Account) such sums as are necessary to date of enactment of the MAP–21). ‘‘(1) CONDITION OF INTERSTATE SYSTEM.— establish the fund authorized by this section ‘‘(B) RESTORATION.—The obligation re- ‘‘(A) PENALTY.—If, during 2 consecutive re- and to replenish that fund on an annual quirement for bridges on the National High- porting periods, the condition of the Inter- basis. way System in a State required by subpara- state System, excluding bridges on the Inter- ‘‘(2) LIMITATIONS.—The limitations referred graph (A) for a fiscal year shall remain in ef- state System, in a State falls below the min- to in paragraph (1) are that— fect for each subsequent fiscal year until imum condition level established by the Sec- ‘‘(A) not more than $100,000,000 is author- such time as the condition of bridges on the retary under subsection (f)(4)(D), the State ized to be obligated in any 1 fiscal year com- shall be required, during the following fiscal National Highway System in the State ex- mencing after September 30, 1980, to carry year— ceeds the minimum condition level estab- out this section, except that, if for any fiscal ‘‘(i) to obligate, from the amounts appor- lished by the Secretary under subsection year the total of all obligations under this tioned to the State under section 104(b)(1), (f)(4)(D).’’. section is less than the amount authorized to (b) TRANSITION PERIOD.— an amount that is not less than the amount be obligated for the fiscal year, the unobli- (1) IN GENERAL.—Except as provided in of funds apportioned to the State for fiscal gated balance of that amount shall— paragraph (2), until such date as a State has year 2009 under the Interstate maintenance ‘‘(i) remain available until expended; and in effect an approved asset management plan program for the purposes described in this ‘‘(ii) be in addition to amounts otherwise and has established performance targets as section (as in effect on the day before the available to carry out this section for each described in section 119 of title 23, United date of enactment of the MAP–21), øexcept year; and States Code, that will contribute to achiev- that the amount reserved under this clause ‘‘(B)(i) pending such appropriation or re- ing the national goals for the condition and shall be increased by 2 percent over the plenishment, the Secretary may obligate performance of the National Highway Sys- amount reserved in the previous fiscal year from any funds appropriated at any time for tem, but not later than ø15¿ 18 months after for each year after fiscal year 2013; and¿ ex- obligation in accordance with this title, in- the date on which the Secretary promulgates cept that for each year after fiscal year 2013, the cluding existing Federal-aid appropriations, final regulations required under section amount required to be obligated under this such sums as are necessary for the imme- 119(f)(4) of that title, the Secretary shall ap- clause shall be increased by 2 percent over the diate prosecution of the work herein author- prove obligations of funds apportioned to a amount required to be obligated in the previous ized; and State to carry out the national highway per- fiscal year; and ‘‘(ii) funds obligated under this subpara- formance program under section 119 of that ‘‘(ii) to transfer, from the amounts appor- graph shall be reimbursed from the appro- title, for projects that otherwise meet the re- tioned to the State under section 104(b)(2) to priation or replenishment. quirements of that section. the apportionment of the State under sec- ‘‘(d) ELIGIBILITY.— (2) EXTENSION.—The Secretary may extend tion 104(b)(1), an amount equal to 10 percent ‘‘(1) IN GENERAL.—The Secretary may ex- the transition period for a State under para- of the amount of funds apportioned to the pend funds from the emergency fund author- graph (1) if the Secretary determines that State for fiscal year 2009 under the Inter- ized by this section only for the repair or re- the State has made a good faith effort to es- state maintenance program for the purposes construction of highways on Federal-aid tablish an asset management plan and per- described in this section (as in effect on the highways in accordance with this chapter, formance targets referred to in that para- day before the date of enactment of the except that— graph. MAP–21). ‘‘(A) no funds shall be so expended unless (c) CONFORMING AMENDMENT.—The analysis ‘‘(B) RESTORATION.—The obligation re- an emergency has been declared by the Gov- for chapter 1 of title 23, United States Code, quirement for the Interstate System in a ernor of the State with concurrence by the is amended by striking the item relating to State required by subparagraph (A) for a fis- Secretary, unless the President has declared section 119 and inserting the following: cal year shall remain in effect for each sub- the emergency to be a major disaster for the sequent fiscal year until such time as the ‘‘119. National highway performance pro- purposes of the Robert T. Stafford Disaster condition of the Interstate System in the gram.’’. Relief and Emergency Assistance Act (42 State exceeds the minimum condition level SEC. 1107. EMERGENCY RELIEF. U.S.C. 5121 et seq.) for which concurrence of established by the Secretary under subsection Section 125 of title 23, United States Code, the Secretary is not required; and (f)(4)(D). is amended to read as follows: ‘‘(B) the Secretary has received an applica- ‘‘(2) CONDITION OF NHS BRIDGES.— ‘‘§ 125. Emergency relief tion from the State transportation depart- ‘‘(A) PENALTY.—If, during 2 consecutive re- ‘‘(a) IN GENERAL.—Subject to this section ment that includes a comprehensive list of porting periods, the condition of bridges on and section 120, an emergency fund is au- all eligible project sites and repair costs by the National Highway System in a State thorized for expenditure by the Secretary for not later than 2 years after the natural dis- falls below the minimum condition level es- the repair or reconstruction of highways, aster or catastrophic failure. tablished by the Secretary under subsection roads, and trails, in any area of the United ‘‘(2) COST LIMITATION.— (f)(4)(D), the State shall be required, during States, including Indian reservations, that ‘‘(A) DEFINITION OF COMPARABLE FACILITY.— the following fiscal year— the Secretary finds have suffered serious In this paragraph, the term ‘comparable fa- ø‘‘(i) to obligate, from the amounts appor- damage as a result of— cility’ means a facility that meets the cur- tioned to the State under section 104(b)(1), ‘‘(1) a natural disaster over a wide area, rent geometric and construction standards an amount for bridges on the National High- such as by a flood, hurricane, tidal wave, required for a facility of comparable capac- way System that is not less than 50 percent earthquake, severe storm, or landslide; or ity and character to the destroyed facility,

VerDate Mar 15 2010 05:24 Jun 04, 2013 Jkt 099060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 J:\CRONLINE\2000-THRU-2012-ONLINE-CORRECTIONS\2012 RECORD ONLINE CORREC bjneal on DSK2TWX8P1PROD with February 9, 2012 CONGRESSIONAL RECORD — SENATE S431 except a bridge facility which may be con- SEC. 1108. TRANSPORTATION MOBILITY PRO- ‘‘(14) Recreational trails projects eligible structed for the type and volume of traffic GRAM. for funding under section 206. that the bridge will carry over its design life. (a) IN GENERAL.—Section 133 of title 23, ‘‘(15) Construction of ferry boats and ferry ‘‘(B) LIMITATION.—The total cost of a United States Code, is amended to read as terminal facilities eligible for funding under project funded under this section may not follows: section 129(c). exceed the cost of repair or reconstruction of ‘‘§ 133. Transportation mobility program ‘‘(16) Border infrastructure projects eligi- a comparable facility. ‘‘(a) ESTABLISHMENT.—The Secretary shall ble for funding under section 1303 of the ‘‘(3) DEBRIS REMOVAL.—The costs of debris establish and implement a transportation SAFETEA-LU (Public Law 109–59). removal shall be an eligible expense only for mobility program under this section. ‘‘(17) Projects associated with National events not eligible for assistance pursuant to ‘‘(b) PURPOSE.—The purpose of the trans- Scenic Byways, All-American Roads, and the Robert T. Stafford Disaster Relief and portation mobility program shall be to assist America’s Byways eligible for funding under Emergency Assistance Act (42 U.S.C. 5121 et States and localities in improving the condi- section 162. seq.). tions and performance on Federal-aid high- ‘‘(18) Truck parking facilities eligible for ‘‘(4) TERRITORIES.—The total obligations ways and on bridges on any public road. funding under section 1401 of the MAP–21. ‘‘(c) ELIGIBLE PROJECTS.—Funds appor- for projects under this section for any fiscal ‘‘(19) Safe routes to school projects eligible tioned under section 104(b)(2) to carry out year in the Virgin Islands, Guam, American for funding under section 1404 of the Samoa, and the Commonwealth of the North- the transportation mobility program may be obligated for any of following purposes: SAFETEA–LU (23 U.S.C. 402 note; Public ern Mariana Islands shall not exceed Law 109–59). $20,000,000. ‘‘(1) Construction, reconstruction, rehabili- tation, resurfacing, restoration, preserva- ‘‘(20) Transportation control measures de- ‘‘(5) SUBSTITUTE TRAFFIC.—Notwith- tion, or operational improvements for high- scribed in section 108(f)(1)(A) of the Clean Air standing any other provision of this section, ways, including construction of designated Act (42 U.S.C. 7408(f)(1)(A)), other than sec- actual and necessary costs of maintenance routes of the Appalachian development high- tion 108(f)(1)(A)(xvi) of that Act. and operation of ferryboats or additional way system. ‘‘(21) Development and implementation of transit service providing temporary sub- ‘‘(2) Replacement (including replacement a State asset management plan for the Na- stitute highway traffic service, less the with fill material), rehabilitation, preserva- tional Highway System in accordance with amount of fares charged for comparable serv- tion, protection (including painting, scour section 119, including data collection, main- ice, may be expended from the emergency countermeasures, seismic retrofits, impact tenance, and integration and the costs asso- fund authorized by this section for Federal- protection measures, security counter- ciated with obtaining, updating, and licens- aid highways. measures, and protection against extreme ing software and equipment required for ‘‘(e) TRIBAL TRANSPORTATION FACILITIES, events) and application of calcium magne- risk-based asset management and perform- FEDERAL LANDS TRANSPORTATION FACILITIES, sium acetate, sodium acetate/formate, or ance-based management, and for similar ac- AND PUBLIC ROADS ON FEDERAL LANDS.— other environmentally acceptable, mini- tivities relating to the development and im- ‘‘(1) DEFINITION OF OPEN TO PUBLIC TRAV- mally corrosive anti-icing and deicing com- plementation of a performance-based man- ø ¿ EL.—In this subsection, the term ‘open to positions for bridges (and approaches to agement system program for other public public travel’ means, with respect to a road, bridges and other elevated structures) and roads. that, except during scheduled periods, ex- tunnels on public roads of all functional clas- ‘‘(22) In accordance with all applicable Fed- treme weather conditions, or emergencies, sifications, including any such construction eral law (including regulations), participa- the road is open to the general public for use or reconstruction necessary to accommodate tion in natural habitat and wetlands mitiga- with a standard passenger vehicle, without other transportation modes. tion efforts relating to projects funded under restrictive gates or prohibitive signs or regu- ‘‘(3) Construction of a new bridge or tunnel this title, which may include participation lations, other than for general traffic control on a new location on a highway, including in natural habitat and wetlands mitigation or restrictions based on size, weight, or class any such construction necessary to accom- banks, contributions to statewide and re- of registration. modate other transportation modes. gional efforts to conserve, restore, enhance, ‘‘(2) EXPENDITURE OF FUNDS.—Notwith- ‘‘(4) Inspection and evaluation (within the and create natural habitats and wetlands, standing subsection (d)(1), the Secretary meaning of section 144) of bridges and tun- and development of statewide and regional may expend funds from the emergency fund nels on public roads of all functional classi- natural habitat and wetlands conservation authorized by this section, independently or fications and inspection and evaluation of and mitigation plans, including any such in cooperation with any other branch of the other highway infrastructure assets, includ- banks, efforts, and plans developed in ac- Federal Government, a State agency, a trib- ing signs and sign structures, retaining cordance with applicable Federal law (in- al government, an organization, or a person, walls, and drainage structures. cluding regulations), on the conditions for the repair or reconstruction of tribal ‘‘(5) Training of bridge and tunnel inspec- that— transportation facilities, Federal lands tors (within the meaning of section 144). ‘‘(A) contributions to those mitigation ef- transportation facilities, and other federally ‘‘(6) Capital costs for transit projects eligi- forts may— owned roads that are open to public travel, ble for assistance under chapter 53 of title 49, ‘‘(i) take place concurrent with or in ad- whether or not those facilities are Federal- including vehicles and facilities, whether vance of project construction; and aid highways. publicly or privately owned, that are used to ‘‘(ii) occur in advance of project construc- ‘‘(3) REIMBURSEMENT.— provide intercity passenger service by bus. tion only if the efforts are consistent with ‘‘(A) IN GENERAL.—The Secretary may re- ‘‘(7) Carpool projects, fringe and corridor all applicable requirements of Federal law imburse Federal and State agencies (includ- parking facilities and programs, including (including regulations) and State transpor- ing political subdivisions) for expenditures electric vehicle infrastructure in accordance tation planning processes; and made for projects determined eligible under with section 137, bicycle transportation and ‘‘(B) with respect to participation in a nat- this section, including expenditures for pedestrian walkways in accordance with sec- ural habitat or wetland mitigation effort re- emergency repairs made before a determina- tion 217, and the modification of public side- lating to a project funded under this title tion of eligibility. walks to comply with the Americans with that has an impact that occurs within the ‘‘(B) TRANSFERS.—With respect to reim- Disabilities Act of 1990 (42 U.S.C. 12101 et service area of a mitigation bank, preference bursements described in subparagraph (A)— seq.). is given, to the maximum extent practicable, ‘‘(i) those reimbursements to Federal agen- ‘‘(8) Highway and transit safety infrastruc- to the use of the mitigation bank if the bank cies and Indian tribal governments shall be ture improvements and programs, installa- contains sufficient available credits to offset transferred to the account from which the tion of safety barriers and nets on bridges, the impact and the bank is approved in ac- expenditure was made, or to a similar ac- hazard eliminations, projects to mitigate cordance with applicable Federal law (in- count that remains available for obligation; hazards caused by wildlife, and railway-high- cluding regulations). and way grade crossings. ‘‘(23) Infrastructure-based intelligent ‘‘(ii) the budget authority associated with ‘‘(9) Highway and transit research and de- transportation systems capital improve- the expenditure shall be restored to the velopment and technology transfer pro- ments. agency from which the authority was derived grams. ‘‘(24) Environmental restoration and pollu- and shall be available for obligation until ‘‘(10) Capital and operating costs for traffic tion abatement in accordance with section the end of the fiscal year following the year and traveler information monitoring, man- 328. in which the transfer occurs. agement, and control facilities and pro- ‘‘(25) Control of noxious weeds and aquatic grams, including truck stop electrification noxious weeds and establishment of native ‘‘(f) TREATMENT OF TERRITORIES.—For pur- systems. species in accordance with section 329. poses of this section, the Virgin Islands, ‘‘(11) Projects and strategies designed to ‘‘(26) Improvements to a freight railroad, Guam, American Samoa, and the Common- support congestion pricing, including elec- marine highway, or intermodal facility, but wealth of the Northern Mariana Islands shall tronic toll collection and travel demand only to the extent that the Secretary con- be considered to be States and parts of the management strategies and programs. curs with the State that— United States, and the chief executive officer ‘‘(12) Surface transportation planning. ‘‘(A) the project will make significant im- of each such territory shall be considered to ‘‘(13) Transportation enhancement activi- provement to freight movements on the na- be a Governor of a State.’’. ties. tional freight network;

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‘‘(B) the public benefit of the project ex- ‘‘(1) DEFINITION OF OFF-SYSTEM BRIDGE.— ‘‘(3) EFFECT OF APPROVAL BY THE SEC- ceeds the Federal investment; and The term ‘off-system bridge’ means a high- RETARY.—Approval by the Secretary of a project ‘‘(C) the project provides a better return way bridge located on a public road, other agreement under paragraph (1) shall be deemed than a highway project on a segment of the than a bridge on a Federal-aid highway. a contractual obligation of the United States to primary freight network, except that a State ‘‘(2) SPECIAL RULE.— pay transportation mobility program funds may not obligate in excess of 5 percent of ø‘‘(A) PENALTY.—If the total deck area of made available under this title.’’. funds apportioned to the State under section deficient off-system bridges in a State in- (b) CONFORMING AMENDMENT.—The analysis 104(b)(2) to carry out this section for that creases for the 2 most recent consecutive for chapter 1 of title 23, United States Code, purpose. years, the State shall be required, during the is amended by striking the item relating to ‘‘(27) Maintenance of and improvements to all following fiscal year, to obligate for the im- section 133 and inserting the following: public roads, including non-State-owned public provement of deficient off-system bridges roads and roads on tribal land— from the amounts apportioned to the State ‘‘133. Transportation mobility program.’’. ‘‘(A) that are located within 10 miles of the under section 104(b)(2) an amount that is not SEC. 1109. WORKFORCE DEVELOPMENT. international border between the United States less than 110 percent of the amount of funds and Canada or Mexico; and required to be obligated by the State for off- (a) ON-THE-JOB TRAINING.—Section 140(b) of ‘‘(B) on which federally owned vehicles com- system bridges for fiscal year 2009 under sec- title 23, United States Code, is amended— prise more than 50 percent of the traffic. tion 144(f)(2), as in effect on the day before (1) by striking ‘‘Whenever apportionments ‘‘(28) Construction, reconstruction, resur- the date of enactment of the MAP–21, except are made under section 104(b)(3),’’ and insert- facing, restoration, rehabilitation, and preserva- that the amount reserved under this sub- ing ‘‘From administrative funds made avail- tion of, and operational improvements for, any paragraph shall be increased by 2 percent able under section 104(a),’’; and public road if— over the amount reserved in the previous fis- (2) by striking ‘‘the surface transportation ‘‘(A) the public road, and the highway project cal year for each year after fiscal year 2013.¿ program under section 104(b) and the bridge program under section 144’’ and inserting to be carried out with respect to the public road, ‘‘(A) PENALTY.—If the total deck area of defi- are in the same corridor as, and in proximity cient off-system bridges in a State increases for ‘‘the transportation mobility program under to— the 2 most recent consecutive years, the State section 104(b)’’. ‘‘(i) a fully access-controlled highway des- shall be required, during the following fiscal (b) DISADVANTAGED BUSINESS ENTER- ignated as a part of the National Highway Sys- year, to obligate for the improvement of defi- PRISE.—Section 140(c) of title 23, United tem; or cient off-system bridges from the amounts ap- States Code, is amended by striking ‘‘When- ‘‘(ii) in areas with a population of less than portioned to the State under section 104(b)(2) an ever apportionments are made under section 200,000, a federal-aid highway designated as amount that is not less than 110 percent of the 104(b)(3),’’ and inserting ‘‘From administra- part of the National Highway System; amount of funds required to be obligated by the tive funds made available under section ‘‘(B) the construction or improvements will State for off-system bridges for fiscal year 2009 104(a),’’. enhance the level of service on the highway de- under section 144(f)(2), as in effect on the day scribed in subparagraph (A) and improve re- SEC. 1110. HIGHWAY USE TAX EVASION before the date of enactment of the MAP–21, ex- gional traffic flow; and PROJECTS. cept that for each year after fiscal year 2013, the ‘‘(C) the construction or improvements are Section 143 of title 23, United States Code, more cost-effective, as determined by benefit- amount required to be obligated under this sub- paragraph shall be increased by 2 percent over is amended— cost analysis, than an improvement to the high- (1) in subsection (b)— way described in subparagraph (A). the amount required to be obligated in the pre- vious fiscal year. (A) by striking paragraph (2) and inserting ‘‘(d) ALLOCATIONS OF APPORTIONED FUNDS the following: ‘‘(B) RESTORATION.—The obligation re- TO AREAS BASED ON POPULATION.— ‘‘(2) FUNDING.— ‘‘(1) CALCULATION.—Of the funds appor- quirement for off-system bridges in a State required by subparagraph (A) for a fiscal ‘‘(A) IN GENERAL.—From administrative tioned to a State under section 104(b)(2)— funds made available under section 104(a), ‘‘(A) 50 percent for a fiscal year shall be ob- year shall remain in effect for each subse- quent fiscal year until such time as the total the Secretary shall deduct such sums as are ligated under this section, in proportion to ø deck area of deficient off-system bridges in necessary, not to exceed $10,000,000 for each their relative shares of the population of the fiscal year¿ each of fiscal years 2012 and 2013, State— the State has decreased to the level it was in the State for the fiscal year prior to the es- to carry out this section. ‘‘(i) in urbanized areas of the State with an ‘‘(B) ALLOCATION OF FUNDS.—Funds made urbanized area population of over 200,000; tablishment of the obligation requirement for the State under subparagraph (A). available to carry out this section may be al- ‘‘(ii) in areas of the State other than urban located to the Internal Revenue Service and ‘‘(3) CREDIT FOR BRIDGES NOT ON FEDERAL- areas with a population greater than 5,000; the States at the discretion of the Secretary, AID HIGHWAYS.—Notwithstanding any other and except that of funds so made available for ‘‘(iii) in other areas of the State; and provision of law, with respect to any project not on a Federal-aid highway for the replace- each fiscal year, $2,000,000 shall be available ‘‘(B) 50 percent may be obligated in any only to carry out intergovernmental enforce- area of the State. ment of a bridge or rehabilitation of a bridge that is wholly funded from State and local ment efforts, including research and train- ‘‘(2) METROPOLITAN AREAS.—Funds attrib- ing.’’; and uted to an urbanized area under subpara- sources, is eligible for Federal funds under this section, is noncontroversial, is certified (B) in paragraph (8)— graph (A)(i) may be obligated in the metro- (i) in the paragraph heading by striking politan area established under section 134 by the State to have been carried out in ac- cordance with all standards applicable to ‘‘SURFACE TRANSPORTATION PROGRAM’’ and in- that encompasses the urbanized area. serting ‘‘TRANSPORTATION MOBILITY PRO- ‘‘(3) DISTRIBUTION AMONG URBANIZED AREAS such projects under this section, and is de- termined by the Secretary upon completion GRAM’’; and OF OVER 200,000 POPULATION.— (ii) by striking ‘‘section 104(b)(3)’’ and in- ‘‘(A) IN GENERAL.—Except as provided in to be no longer a deficient bridge— ‘‘(A) any amount expended after the date serting ‘‘section 104(b)(2)’’; and subparagraph (B), the amount of funds that a (2) in subsection (c)(3) by striking ‘‘for State is required to obligate under paragraph of enactment of this subsection from State and local sources for the project in excess of each of fiscal years 2005 through 2009,’’ and (1)(A)(i) shall be obligated in urbanized areas inserting ‘‘for each fiscal year,’’. described in paragraph (1)(A)(i) based on the 20 percent of the cost of construction of the relative population of the areas. project may be credited to the non-Federal SEC. 1111. NATIONAL BRIDGE AND TUNNEL IN- VENTORY AND INSPECTION STAND- ‘‘(B) OTHER FACTORS.—The State may obli- share of the cost of other bridge projects in ARDS. gate the funds described in subparagraph (A) the State that are eligible for Federal funds based on other factors if the State and the under this section; and (a) IN GENERAL.—Section 144 of title 23, relevant metropolitan planning organiza- ‘‘(B) that crediting shall be conducted in United States Code, is amended to read as tions jointly apply to the Secretary for the accordance with procedures established by follows: ø ¿ permission to base the obligation on other the Secretary. Secretary.’’ ‘‘(h) ADMINISTRATION.— ‘‘§ 144. National bridge and tunnel inventory factors and the Secretary grants the request. and inspection standards ‘‘(e) LOCATION OF PROJECTS.—Except as ‘‘(1) SUBMISSION OF PROJECT AGREEMENT.—For provided in subsection (g) and for projects each fiscal year, each State shall submit a ‘‘(a) FINDINGS AND DECLARATIONS.— described in paragraphs (2), (4), (7), (8), (13), project agreement that— ‘‘(1) FINDINGS.—Congress finds that— (14), and (19) of subsection (c), transportation ‘‘(A) certifies that the State will meet all the ‘‘(A) the condition of the bridges of the mobility program projects may not be under- requirements of this section; and United States has improved since the date of taken on roads functionally classified as ‘‘(B) notifies the Secretary of the amount of enactment of the Transportation Equity Act local or rural minor collectors. obligations needed to carry out the program for the 21st Century (Public Law 105–178; 112 ‘‘(f) APPLICABILITY OF PLANNING REQUIRE- under this section. Stat. 107), yet continued improvement to MENTS.—Programming and expenditure of ‘‘(2) REQUEST FOR ADJUSTMENTS OF bridge conditions is essential to protect the funds for projects under this section shall be AMOUNTS.—Each State shall request from the safety of the traveling public and allow for consistent with sections 134 and 135. Secretary such adjustments to the amount of ob- the efficient movement of people and goods ‘‘(g) BRIDGES NOT ON FEDERAL-AID HIGH- ligations referred to in paragraph (1)(B) as the on which the economy of the United States WAYS.— State determines to be necessary. relies; and

VerDate Mar 15 2010 05:24 Jun 04, 2013 Jkt 099060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 J:\CRONLINE\2000-THRU-2012-ONLINE-CORRECTIONS\2012 RECORD ONLINE CORREC bjneal on DSK2TWX8P1PROD with February 9, 2012 CONGRESSIONAL RECORD — SENATE S433 ‘‘(B) the systematic preventative mainte- transport interstate or foreign commerce; out under paragraph (1) shall be 80 percent of nance of bridges, and replacement and reha- and the cost of the construction. bilitation of deficient bridges, should be un- ‘‘(B) are— ‘‘(g) HISTORIC BRIDGES.— dertaken through an overall asset manage- ‘‘(i) not tidal; or ‘‘(1) DEFINITION OF HISTORIC BRIDGE.—In ment approach to transportation invest- ‘‘(ii) if tidal, used only by recreational this subsection, the term ‘historic bridge’ ment. boating, fishing, and other small vessels that means any bridge that is listed on, or eligi- ‘‘(2) DECLARATIONS.—Congress declares are less than 21 feet in length. ble for listing on, the National Register of that it is in the vital interest of the United ‘‘(d) INVENTORY UPDATES AND REPORTS.— Historic Places. States— ‘‘(1) IN GENERAL.—The Secretary shall— ‘‘(2) COORDINATION.—The Secretary shall, ‘‘(A) to inventory, inspect, and improve the ‘‘(A) annually revise the inventories au- in cooperation with the States, encourage condition of the highway bridges and tunnels thorized by subsection (b); and the retention, rehabilitation, adaptive reuse, of the United States; ‘‘(B) submit to the Committee on Trans- and future study of historic bridges. ‘‘(B) to use a data-driven, risk-based ap- portation and Infrastructure of the House of ‘‘(3) STATE INVENTORY.—The Secretary proach and cost-effective strategy for sys- Representatives and the Committee on Envi- shall require each State to complete an in- tematic preventative maintenance, replace- ronment and Public Works of the Senate a ventory of all bridges on and off Federal-aid ment, and rehabilitation of highway bridges report on the inventories. highways to determine the historic signifi- cance of the bridges. and tunnels to ensure safety and extended ‘‘(2) INSPECTION REPORT.—Not later than 1 service life; year after the date of enactment of the ‘‘(4) ELIGIBILITY.— ‘‘(C) to use performance-based bridge man- MAP–21, each State and appropriate Federal ‘‘(A) IN GENERAL.—Subject to subparagraph agement systems to assist States in making agency shall report element level data to the (B), reasonable costs associated with actions timely investments; Secretary, as each bridge is inspected pursu- to preserve, or reduce the impact of a project under this chapter on, the historic integrity ‘‘(D) to ensure accountability and link per- ant to this section, for all highway bridges of a historic bridge shall be eligible as reim- formance outcomes to investment decisions; on the National Highway System. bursable project costs under section 133 if and ‘‘(3) GUIDANCE.—The Secretary shall pro- the load capacity and safety features of the ‘‘(E) to ensure connectivity and access for vide guidance to States and Federal agencies historic bridge are adequate to serve the in- residents of rural areas of the United States for implementation of this subsection, while tended use for the life of the historic bridge. through strategic investments in National respecting the existing inspection schedule of ‘‘(B) BRIDGES NOT USED FOR VEHICLE TRAF- Highway System bridges and bridges on all each State. FIC.—In the case of a historic bridge that is public roads. ‘‘(4) BRIDGES NOT ON NATIONAL HIGHWAY no longer used for motorized vehicular traf- SYSTEM.—The Secretary shall— ‘‘(b) NATIONAL BRIDGE AND TUNNEL INVEN- fic, the costs eligible as reimbursable project ‘‘(A) conduct a study on the benefits, cost- TORIES.— costs pursuant to this chapter shall not ex- ‘‘(1) IN GENERAL.—The Secretary, in con- effectiveness, and feasibility of requiring ele- ceed the estimated cost of demolition of the sultation with the States, shall— ment-level data collection for bridges not on historic bridge. the National Highway System; and ‘‘(A) inventory all highway bridges on pub- ‘‘(5) PRESERVATION.—Any State that pro- lic roads that are bridges over waterways, ‘‘(B) submit to the Committee on Trans- poses to demolish a historic bridge for a re- other topographical barriers, other high- portation and Infrastructure of the House of placement project with funds made available ways, and railroads; Representatives and the Committee on Envi- to carry out this section shall first make the ‘‘(B) classify the bridges according to serv- ronment and Public Works of the Senate a historic bridge available for donation to a iceability, safety, and essentiality for public report on the results of the study. State, locality, or responsible private entity use, including the potential impacts to emer- ‘‘(e) BRIDGES WITHOUT TAXING POWERS.— if the State, locality, or responsible entity gency evacuation routes and to regional and ‘‘(1) IN GENERAL.—Notwithstanding any enters into an agreement— national freight and passenger mobility if other provision of law, any bridge that is ‘‘(A) to maintain the bridge and the fea- the serviceability of the bridge is restricted owned and operated by an agency that does tures that give the historic bridge its his- or diminished; and not have taxing powers and whose functions toric significance; and ‘‘(C) based on that classification, assign include operating a federally assisted public ‘‘(B) to assume all future legal and finan- each a risk-based priority for systematic pre- transit system subsidized by toll revenues cial responsibility for the historic bridge, ventative maintenance, replacement, or re- shall be eligible for assistance under this which may include an agreement to hold the habilitation. title, but the amount of such assistance shall State transportation department harmless in ‘‘(2) TRIBALLY OWNED AND FEDERALLY in no event exceed the cumulative amount any liability action. OWNED BRIDGES.—As part of the activities which such agency has expended for capital ‘‘(6) COSTS INCURRED.— carried out under paragraph (1), the Sec- and operating costs to subsidize such transit ‘‘(A) IN GENERAL.—Costs incurred by the retary, in consultation with the Secretaries system. State to preserve a historic bridge (including of appropriate Federal agencies, shall— ‘‘(2) INSUFFICIENT ASSETS.—Before author- funds made available to the State, locality, ‘‘(A) inventory all tribally owned and Fed- izing an expenditure of funds under this sub- or private entity to enable it to accept the erally owned highway bridges that are open section, the Secretary shall determine that bridge) shall be eligible as reimbursable to the public, over waterways, other topo- the applicant agency has insufficient re- project costs under this chapter in an graphical barriers, other highways, and rail- serves, surpluses, and projected revenues amount not to exceed the cost of demolition. roads; (over and above those required for bridge and ‘‘(B) ADDITIONAL FUNDING.—Any bridge pre- ‘‘(B) classify the bridges according to serv- transit capital and operating costs) to fund served pursuant to this paragraph shall not iceability, safety, and essentiality for public the necessary bridge replacement or reha- be eligible for any other funds authorized use; and bilitation project. pursuant to this title. ‘‘(C) based on the classification, assign ‘‘(3) CREDITING OF NON-FEDERAL FUNDS.— ‘‘(h) NATIONAL BRIDGE AND TUNNEL INSPEC- each a risk-based priority for systematic pre- Any non-Federal funds expended for the seis- TION STANDARDS.— ventative maintenance, replacement, or re- mic retrofit of the bridge may be credited to- ‘‘(1) REQUIREMENT.— habilitation. ward the non-Federal share required as a ‘‘(A) IN GENERAL.—The Secretary shall es- ‘‘(3) TUNNELS.—The Secretary shall estab- condition of receipt of any Federal funds for tablish and maintain inspection standards lish a national inventory of highway tunnels seismic retrofit of the bridge made available for the proper inspection and evaluation of reflecting the findings of the most recent after the date of the expenditure. all highway bridges and tunnels for safety highway tunnel inspections conducted by ‘‘(f) REPLACEMENT OF DESTROYED BRIDGES and serviceability. States under this section. AND FERRY BOAT SERVICE.— ‘‘(B) UNIFORMITY.—The standards under ‘‘(c) GENERAL BRIDGE AUTHORITY.— ‘‘(1) IN GENERAL.—Notwithstanding any this subsection shall be designed to ensure ‘‘(1) IN GENERAL.—Except as provided in other provision of law, a State may use the uniformity of the inspections and evalua- paragraph (2) and notwithstanding any other funds apportioned under section 104(b)(2) to tions. provision of law, the General Bridge Act of construct any bridge that replaces— ‘‘(2) MINIMUM REQUIREMENTS OF INSPECTION 1946 (33 U.S.C. 525 et seq.) shall apply to ‘‘(A) any low water crossing (regardless of STANDARDS.—The standards established bridges authorized to be replaced, in whole the length of the low water crossing); under paragraph (1) shall, at a minimum— or in part, by this title. ‘‘(B) any bridge that was destroyed prior to ‘‘(A) specify, in detail, the method by ‘‘(2) EXCEPTION.—Section 502(b) of the Gen- January 1, 1965; which the inspections shall be carried out by eral Bridge Act of 1946 (33 U.S.C. 525(b)) and ‘‘(C) any ferry that was in existence on the States, Federal agencies, and tribal gov- section 9 of the Act of March 3, 1899 (33 January 1, 1984; or ernments; U.S.C. 401), shall not apply to any bridge ‘‘(D) any road bridge that is rendered obso- ‘‘(B) establish the maximum time period constructed, reconstructed, rehabilitated, or lete as a result of a Corps of Engineers flood between inspections; replaced with assistance under this title, if control or channelization project and is not ‘‘(C) establish the qualifications for those the bridge is over waters that— rebuilt with funds from the Corps of Engi- charged with carrying out the inspections; ‘‘(A) are not used and are not susceptible neers. ‘‘(D) require each State, Federal agency, to use in the natural condition of the bridge ‘‘(2) FEDERAL SHARE.—The Federal share and tribal government to maintain and make or by reasonable improvement as a means to payable on any bridge construction carried available to the Secretary on request—

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‘‘(i) written reports on the results of high- ‘‘(1) IN GENERAL.—The Secretary, in co- ‘‘(xi) Installation of a priority control sys- way bridge and tunnel inspections and nota- operation with the State transportation de- tem for emergency vehicles at signalized tions of any action taken pursuant to the partments, shall maintain a program de- intersections. findings of the inspections; and signed to train appropriate personnel to ‘‘(xii) Installation of a traffic control or ‘‘(ii) current inventory data for all high- carry out highway bridge and tunnel inspec- other warning device at a location with high way bridges and tunnels reflecting the find- tions. crash potential. ings of the most recent highway bridge and ‘‘(2) REVISIONS.—The training program ‘‘(xiii) Transportation safety planning. tunnel inspections conducted; and shall be revised from time to time to take ‘‘(xiv) Collection, analysis, and improve- ‘‘(E) establish a procedure for national cer- into account new and improved techniques. ment of safety data. tification of highway bridge inspectors and ‘‘(j) AVAILABILITY OF FUNDS.—To carry out ‘‘(xv) Planning integrated interoperable tunnel inspectors. this section, the Secretary may use funds emergency communications equipment, ‘‘(3) STATE COMPLIANCE WITH INSPECTION made available under sections 104(a), 119, 133, operational activities, or traffic enforcement STANDARDS.—The Secretary shall, at a min- and 503.’’. activities (including police assistance) relat- imum— (b) CONFORMING AMENDMENT.—The analysis for chapter 1 of title 23, United States Code, ing to work zone safety. ‘‘(A) establish, in consultation with the ‘‘(xvi) Installation of guardrails, barriers States, and interested and knowledgeable is amended by striking the item relating to section 144 and inserting the following: (including barriers between construction private organizations and individuals, proce- work zones and traffic lanes for the safety of ‘‘144. National bridge and tunnel inventory dures to conduct reviews of State compli- road users and workers), and crash attenu- and inspection standards.’’. ance with— ators. ‘‘(i) the standards established under this SEC. 1112. HIGHWAY SAFETY IMPROVEMENT PRO- GRAM. ‘‘(xvii) The addition or retrofitting of subsection; and structures or other measures to eliminate or ‘‘(ii) the calculation or reevaluation of Section 148 of title 23, United States Code, is amended to read as follows: reduce crashes involving vehicles and wild- bridge load ratings; and life. ‘‘§ 148. Highway safety improvement program ‘‘(B) establish, in consultation with the ‘‘(xviii) Installation of yellow-green signs States, and interested and knowledgeable ‘‘(a) DEFINITIONS.—In this section, the fol- and signals at pedestrian and bicycle cross- private organizations and individuals, proce- lowing definitions apply: ings and in school zones. dures for States to follow in reporting to the ‘‘(1) HIGH RISK RURAL ROAD.—The term ‘‘(xix) Construction and operational im- Secretary— ‘high risk rural road’ means any roadway provements on high risk rural roads. ‘‘(i) critical findings relating to structural functionally classified as a rural major or ‘‘(xx) Geometric improvements to a road minor collector or a rural local road with or safety-related deficiencies of highway for safety purposes that improve safety. significant safety risks, as defined by a State bridges; and ‘‘(xxi) A road safety audit. in accordance with an updated State stra- ‘‘(ii) monitoring activities and corrective ‘‘(xxii) Roadway safety infrastructure im- tegic highway safety plan. actions taken in response to a critical find- provements consistent with the rec- ‘‘(2) HIGHWAY BASEMAP.—The term ‘high- ing. ommendations included in the publication of way basemap’ means a representation of all ‘‘(4) REVIEWS OF STATE COMPLIANCE.— the Federal Highway Administration enti- public roads that can be used to geolocate ‘‘(A) IN GENERAL.—The Secretary shall an- tled ‘Highway Design Handbook for Older attribute data on a roadway. nually review State compliance with the Drivers and Pedestrians’ (FHWA-RD-01-103), ‘‘(3) HIGHWAY SAFETY IMPROVEMENT PRO- standards established under this section. dated May 2001 or as subsequently revised ‘‘(B) NONCOMPLIANCE.—If an annual review GRAM.—The term ‘highway safety improve- ment program’ means projects, activities, and updated. in accordance with subparagraph (A) identi- ‘‘(xxiii) Truck parking facilities eligible fies noncompliance by a State, the Secretary plans, and reports carried out under this sec- tion. for funding under section 1401 of the MAP–21. shall— ‘‘(xxiv) Systemic safety improvements. ‘‘(4) HIGHWAY SAFETY IMPROVEMENT ‘‘(i) issue a report detailing the issues of ‘‘(5) MODEL INVENTORY OF ROADWAY ELE- PROJECT.— the noncompliance by December 31 of the MENTS.—The term ‘model inventory of road- calendar year in which the review was made; ‘‘(A) IN GENERAL.—The term ‘highway safe- ty improvement project’ means strategies, way elements’ means the listing and stand- and ardized coding by the Federal Highway Ad- ‘‘(ii) provide the State an opportunity to activities, and projects on a public road that are consistent with a State strategic high- ministration of roadway and traffic data ele- address the noncompliance by— ments critical to safety management, anal- ‘‘(I) developing a corrective action plan to way safety plan and— ‘‘(i) correct or improve a hazardous road ysis, and decisionmaking. remedy the noncompliance; or location or feature; or ‘‘(6) PROJECT TO MAINTAIN MINIMUM LEVELS ‘‘(II) resolving the issues of noncompliance ‘‘(ii) address a highway safety problem. OF RETROREFLECTIVITY.—The term ‘project to not later than 45 days after the date of noti- ‘‘(B) INCLUSIONS.—The term ‘highway safe- maintain minimum levels of fication. ty improvement project’ includes, but is not retroreflectivity’ means a project that is de- ‘‘(5) PENALTY FOR NONCOMPLIANCE.— limited to, a project for 1 or more of the fol- signed to maintain a highway sign or pave- ‘‘(A) IN GENERAL.—If a State fails to satisfy lowing: ment marking retroreflectivity at or above the requirements of paragraph (4)(B) by Au- ‘‘(i) An intersection safety improvement. the minimum levels prescribed in Federal or gust 1 of the calendar year following the ‘‘(ii) Pavement and shoulder widening (in- State regulations. year of a finding of noncompliance, the Sec- cluding addition of a passing lane to remedy ‘‘(7) ROAD SAFETY AUDIT.—The term ‘road retary shall, on October 1 of that year, and an unsafe condition). safety audit’ means a formal safety perform- each year thereafter as may be necessary, re- ‘‘(iii) Installation of rumble strips or an- ance examination of an existing or future quire the State to dedicate funds appor- other warning device, if the rumble strips or road or intersection by an independent mul- tioned to the State under sections 119 and 133 other warning devices do not adversely affect tidisciplinary audit team. after the date of enactment of the MAP–21 to the safety or mobility of bicyclists and pe- ‘‘(8) ROAD USERS.—The term ‘road user’ correct the noncompliance with the min- destrians, including persons with disabil- means a motorist, passenger, public trans- imum inspection standards established under ities. portation operator or user, truck driver, bi- this subsection. ‘‘(iv) Installation of a skid-resistant sur- cyclist, motorcyclist, or pedestrian, includ- ‘‘(B) AMOUNT.—The amount of the funds to face at an intersection or other location with ing a person with disabilities. be directed to correcting noncompliance in a high frequency of crashes. ‘‘(9) SAFETY DATA.— accordance with subparagraph (A) shall— ‘‘(v) An improvement for pedestrian or bi- ‘‘(A) IN GENERAL.—The term ‘safety data’ ‘‘(i) be determined by the State based on cyclist safety or safety of persons with dis- means crash, roadway, and traffic data on a an analysis of the actions needed to address abilities. public road. the noncompliance; and ‘‘(vi) Construction and improvement of a ‘‘(B) INCLUSION.—The term ‘safety data’ in- ‘‘(ii) require approval by the Secretary. railway-highway grade crossing safety fea- cludes, in the case of a railway-highway ‘‘(6) UPDATE OF STANDARDS.—Not later than ture, including installation of protective de- grade crossing, the characteristics of high- 3 years after the date of enactment of the vices. way and train traffic, licensing, and vehicle MAP–21, the Secretary shall update inspec- ‘‘(vii) The conduct of a model traffic en- data. tion standards to cover— forcement activity at a railway-highway ‘‘(10) SAFETY PROJECT UNDER ANY OTHER ‘‘(A) the methodology, training, and quali- crossing. SECTION.— fications for inspectors; and ‘‘(viii) Construction of a traffic calming ‘‘(A) IN GENERAL.—The term ‘safety project ‘‘(B) the frequency of inspection. feature. under any other section’ means a project ‘‘(7) RISK-BASED APPROACH.—In carrying ‘‘(ix) Elimination of a roadside hazard. carried out for the purpose of safety under out the revisions required by paragraph (6), ‘‘(x) Installation, replacement, and other any other section of this title. the Secretary shall consider a risk-based ap- improvement of highway signage and pave- ‘‘(B) INCLUSION.—The term ‘safety project proach to determining the frequency of ment markings, or a project to maintain under any other section’ includes— bridge inspections. minimum levels of retroreflectivity, that ad- ‘‘(i) a project consistent with the State ‘‘(i) TRAINING PROGRAM FOR BRIDGE AND dresses a highway safety problem consistent strategic highway safety plan that promotes TUNNEL INSPECTORS.— with a State strategic highway safety plan. the awareness of the public and educates the

VerDate Mar 15 2010 05:24 Jun 04, 2013 Jkt 099060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 J:\CRONLINE\2000-THRU-2012-ONLINE-CORRECTIONS\2012 RECORD ONLINE CORREC bjneal on DSK2TWX8P1PROD with February 9, 2012 CONGRESSIONAL RECORD — SENATE S435 public concerning highway safety matters lems and opportunities as provided in sub- sons with disabilities, and other highway (including motorcycle safety); sections (a)(12) and (d); users; ‘‘(ii) a project to enforce highway safety ‘‘(B) produces a program of projects or ‘‘(iv) includes a means of identifying the laws; and strategies to reduce identified safety prob- relative severity of hazardous locations de- ‘‘(iii) a project to provide infrastructure lems; and scribed in clause (iii) in terms of øcrashes,¿ and infrastructure-related equipment to sup- ‘‘(C) evaluates the strategic highway safe- crashes (including crash rate), serious injuries, port emergency services. ty plan on a regularly recurring basis in ac- fatalities, and traffic volume levels; and ‘‘(11) STATE HIGHWAY SAFETY IMPROVEMENT cordance with subsection (d)(1) to ensure the ‘‘(v) improves the ability of the State to PROGRAM.—The term ‘State highway safety accuracy of the data and priority of proposed identify the number of fatalities and serious improvement program’ means a program of strategies. injuries on all public roads in the State with highway safety improvement projects, ac- ‘‘(2) IDENTIFICATION AND ANALYSIS OF HIGH- a breakdown by functional classification and tivities, plans and reports carried out as part WAY SAFETY PROBLEMS AND OPPORTUNITIES.— ownership in the State; of the Statewide transportation improve- As part of the State highway safety improve- ‘‘(E)(i) determine priorities for the correc- ment program under section 135(g). ment program, a State shall— tion of hazardous road locations, sections, ‘‘(12) STATE STRATEGIC HIGHWAY SAFETY ‘‘(A) have in place a øcomprehensive¿ safe- and elements (including railway-highway PLAN.—The term ‘State strategic highway ty data system with the ability to perform crossing improvements), as identified safety plan’ means a comprehensive plan, safety problem identification and counter- through safety data analysis; based on safety data, developed by a State measure analysis— ‘‘(ii) identify opportunities for preventing the development of such hazardous condi- transportation department that— ‘‘(i) to improve the timeliness, accuracy, tions; and ‘‘(A) is developed after consultation with— completeness, uniformity, integration, and ‘‘(iii) establish and implement a schedule ‘‘(i) a highway safety representative of the accessibility of the safety data on all public of highway safety improvement projects for Governor of the State; roads, including non-State-owned public hazard correction and hazard prevention; and ‘‘(ii) regional transportation planning or- roads and roads on tribal land in the State; ‘‘(F)(i) establish an evaluation process to ganizations and metropolitan planning orga- ‘‘(ii) to evaluate the effectiveness of data analyze and assess results achieved by high- nizations, if any; improvement efforts; way safety improvement projects carried out ‘‘(iii) representatives of major modes of ‘‘(iii) to link State data systems, including transportation; in accordance with procedures and criteria traffic records, with other data systems established by this section; and ‘‘(iv) State and local traffic enforcement within the State; officials; ‘‘(ii) use the information obtained under ‘‘(iv) to improve the compatibility and clause (i) in setting priorities for highway ‘‘(v) a highway-rail grade crossing safety interoperability of safety data with other representative of the Governor of the State; safety improvement projects. State transportation-related data systems ‘‘(d) UPDATES TO STRATEGIC HIGHWAY SAFE- ‘‘(vi) representatives conducting a motor and the compatibility and interoperability of TY PLANS.— carrier safety program under section 31102, State safety data systems with data systems ‘‘(1) ESTABLISHMENT OF REQUIREMENTS.— 31106, or 31309 of title 49; of other States and national data systems; ‘‘(A) IN GENERAL.—Not later than 1 year ‘‘(vii) motor vehicle administration agen- ‘‘(v) to enhance the ability of the Sec- after the date of enactment of the MAP–21, cies; retary to observe and analyze national the Secretary shall establish requirements ‘‘(viii) county transportation officials; and trends in crash occurrences, rates, outcomes, for regularly recurring State updates of stra- ‘‘(ix) other major Federal, State, tribal, and circumstances; and tegic highway safety plans. and local safety stakeholders; ‘‘(vi) to improve the collection of data on ‘‘(B) CONTENTS OF UPDATED STRATEGIC HIGH- ‘‘(B) analyzes and makes effective use of nonmotorized crashes; WAY SAFETY PLANS.—In establishing require- State, regional, local, or tribal safety data; ‘‘(B) based on the analysis required by sub- ments under this subsection, the Secretary ‘‘(C) addresses engineering, management, paragraph (A)— shall ensure that States take into consider- operation, education, enforcement, and ‘‘(i) identify hazardous locations, sections, ation, with respect to updated strategic emergency services elements (including inte- and elements (including roadside obstacles, highway safety plans— grated, interoperable emergency commu- railway-highway crossing needs, and un- ‘‘(i) the findings of road safety audits; nications) of highway safety as key factors marked or poorly marked roads) that con- ‘‘(ii) the locations of fatalities and serious in evaluating highway projects; stitute a danger to motorists (including mo- injuries; ‘‘(D) considers safety needs of, and high-fa- torcyclists), bicyclists, pedestrians, and ‘‘(iii) the locations that do not have an em- tality segments of, all public roads, includ- other highway users; pirical history of fatalities and serious inju- ing non-State-owned public roads and roads ‘‘(ii) using such criteria as the State deter- ries, but possess risk factors for potential on tribal land; mines to be appropriate, establish the rel- crashes; ‘‘(E) considers the results of State, re- ative severity of those locations, in terms of ‘‘(iv) rural roads, including all public gional, or local transportation and highway crashes (including crash rates), fatalities, seri- roads, commensurate with fatality data; safety planning processes; ous injuries, traffic volume levels, and other ‘‘(v) motor vehicle crashes that include fa- ‘‘(F) describes a program of strategies to relevant data; talities or serious injuries to pedestrians and reduce or eliminate safety hazards; ‘‘(iii) identify the number of fatalities and bicyclists; ‘‘(G) is approved by the Governor of the serious injuries on all public roads by loca- ‘‘(vi) the cost-effectiveness of improve- State or a responsible State agency; tion in the State; ments; ‘‘(H) is consistent with section 135(g); and ‘‘(iv) identify highway safety improvement ‘‘(vii) improvements to rail-highway grade ‘‘(I) is updated and submitted to the Sec- projects on the basis of crash experience, crossings; and retary for approval as required under sub- crash potential, crash rate, or other data-sup- ‘‘(viii) safety on all public roads, including section (d)(2). ported means; and non-State-owned public roads and roads on ‘‘(13) SYSTEMIC SAFETY IMPROVEMENT.—The ‘‘(v) consider which projects maximize op- tribal land. term ‘systemic safety improvement’ means portunities to advance safety; ‘‘(2) APPROVAL OF UPDATED STRATEGIC HIGH- an improvement that is widely implemented ‘‘(C) adopt strategic and performance- WAY SAFETY PLANS.— based on high-risk roadway features that are based goals that— ‘‘(A) IN GENERAL.—Each State shall— correlated with particular crash types, rath- ‘‘(i) address traffic safety, including behav- ‘‘(i) update the strategic highway safety er than crash frequency. ioral and infrastructure problems and oppor- plans of the State in accordance with the re- ‘‘(b) PROGRAM.— tunities on all public roads; quirements established by the Secretary ‘‘(1) IN GENERAL.—The Secretary shall ‘‘(ii) focus resources on areas of greatest under this subsection; and carry out a highway safety improvement need; and ‘‘(ii) submit the updated plans to the Sec- program. ‘‘(iii) are coordinated with other State retary, along with a detailed description of ‘‘(2) PURPOSE.—The purpose of the highway highway safety programs; the process used to update the plan. safety improvement program shall be to ‘‘(D) advance the capabilities of the State ‘‘(B) REQUIREMENTS FOR APPROVAL.—The achieve a significant reduction in traffic fa- for safety data collection, analysis, and inte- Secretary shall not approve the process for talities and serious injuries on all public gration in a manner that— an updated strategic highway safety plan un- roads, including non-State-owned public ‘‘(i) complements the State highway safety less— roads and roads on tribal land. program under chapter 4 and the commercial ‘‘(i) the updated strategic highway safety ‘‘(c) ELIGIBILITY.— vehicle safety plan under section 31102 of plan is consistent with the requirements of ‘‘(1) IN GENERAL.—To obligate funds appor- title 49; this subsection and subsection (a)(12); and tioned under section 104(b)(3) to carry out ‘‘(ii) includes all public roads, including ‘‘(ii) the process used is consistent with the this section, a State shall have in effect a public non-State-owned roads and roads on requirements of this subsection. State highway safety improvement program tribal land; ‘‘(3) PENALTY FOR FAILURE TO HAVE AN AP- under which the State— ‘‘(iii) identifies hazardous locations, sec- PROVED UPDATED STRATEGIC HIGHWAY SAFETY ‘‘(A) develops, implements, and updates a tions, and elements on all public roads that PLAN.—If a State does not have an updated State strategic highway safety plan that constitute a danger to motorists (including strategic highway safety plan with a process identifies and analyzes highway safety prob- motorcyclists), bicyclists, pedestrians, per- approved by the Secretary by August 1 of the

VerDate Mar 15 2010 05:24 Jun 04, 2013 Jkt 099060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 J:\CRONLINE\2000-THRU-2012-ONLINE-CORRECTIONS\2012 RECORD ONLINE CORREC bjneal on DSK2TWX8P1PROD with S436 CONGRESSIONAL RECORD — SENATE February 9, 2012 fiscal year beginning after the date of estab- ‘‘(vi) to support the collection, mainte- grade crossings in a State over the most recent lishment of the requirements under para- nance, and sharing of safety data on all pub- 2-year period for which data are available in- graph (1)— lic roads and related systems associated with creases over the average number of fatalities ‘‘(A) the State shall not be eligible to re- the analytical usage of that data. during the preceding 2-year period, that State ceive any additional limitation pursuant to ‘‘(2) APPORTIONMENT.—Of the funds appor- shall be required to obligate in the next fiscal the redistribution of the limitation on obli- tioned to a State under section 104(b)(3) for a year for projects on rail-highway grade cross- gations for Federal-aid highway and highway fiscal year— ings an amount equal to 120 percent of the safety construction programs that occurs ‘‘(A) not less than 8 percent of the funds amount of funds the State received for fiscal after August 1 for each succeeding fiscal year apportioned for each of fiscal years 2012 year 2009 for rail-highway grade crossings until the fiscal year during which the plan is through 2013 shall be available only for data under section 130(f) (as in effect on the day be- approved; and improvement activities under this sub- fore the date of enactment of the MAP–21). ‘‘(B) the Secretary shall, on October 1 of section; and ‘‘(j) REPORTS.— each fiscal year thereafter, transfer from ‘‘(B) not less than 4 percent of the funds ‘‘(1) IN GENERAL.—A State shall submit to funds apportioned to the State under section apportioned for fiscal year 2014 and each fis- the Secretary a report that— 104(b)(2) an amount equal to 10 percent of the cal year thereafter shall be available only ‘‘(A) describes the progress being made to funds so apportioned for the fiscal year for for data improvement activities under this achieve the performance targets established use under the highway safety improvement subsection. under subsection (h); program under this section to the apportion- ‘‘(3) SPECIAL RULE.—A State may use funds ‘‘(B) describes progress being made to im- ment of the State under section 104(b)(3) apportioned to the State pursuant to this plement highway safety improvement until the fiscal year in which the plan is ap- subsection for any project eligible under this projects under this section; proved. section if the State demonstrates to the sat- ‘‘(C) assesses the effectiveness of those im- ‘‘(e) ELIGIBLE PROJECTS.— isfaction of the Secretary that the State has provements; and ‘‘(1) IN GENERAL.—Funds apportioned to the met all of the State needs for data collection ‘‘(D) describes the extent to which the im- State under section 104(b)(3) may be obli- to support the State strategic highway safe- provements funded under this section have gated to carry out— ty plan and sufficiently addressed the data contributed to reducing— ‘‘(A) any highway safety improvement improvement activities described in para- ‘‘(i) the number and rate of fatalities on all project on any public road or publicly owned graph (1). public roads with, to the maximum extent bicycle or pedestrian pathway or trail; or ‘‘(4) MODEL INVENTORY OF ROADWAY ELE- practicable, a breakdown by functional clas- ‘‘(B) as provided in subsection (f), other MENTS.—The Secretary shall— sification and ownership in the State; safety projects. ‘‘(A) establish a subset of the model inven- ‘‘(ii) the number and rate of serious inju- ‘‘(2) USE OF OTHER FUNDING FOR SAFETY.— tory of roadway elements that are useful for ries on all public roads with, to the max- ‘‘(A) EFFECT OF SECTION.—Nothing in this the inventory of roadway safety; and imum extent practicable, a breakdown by section prohibits the use of funds made ‘‘(B) ensure that States adopt and use the functional classification and ownership in available under other provisions of this title subset to improve data collection. the State; and for highway safety improvement projects. ‘‘(h) PERFORMANCE MEASURES AND TARGETS ‘‘(iii) the occurrences of fatalities and seri- ‘‘(B) USE OF OTHER FUNDS.—States are en- FOR STATE HIGHWAY SAFETY IMPROVEMENT ous injuries at railway-highway crossings. couraged to address the full scope of the PROGRAMS.— ‘‘(2) CONTENTS; SCHEDULE.—The Secretary safety needs and opportunities of the States ‘‘(1) ESTABLISHMENT OF PERFORMANCE shall establish the content and schedule for by using funds made available under other MEASURES.—Not later than 1 year after the the submission of the report under paragraph provisions of this title (except a provision date of enactment of the MAP–21, the Sec- (1). that specifically prohibits that use). retary shall issue guidance to States on the ‘‘(3) TRANSPARENCY.—The Secretary shall ‘‘(f) FLEXIBLE FUNDING FOR STATES WITH A establishment, collection, and reporting of make strategic highway safety plans sub- STRATEGIC HIGHWAY SAFETY PLAN.— performance measures that reflect— mitted under subsection (d) and reports sub- ‘‘(1) IN GENERAL.—To further the imple- ‘‘(A) serious injuries and fatalities per ve- mitted under this subsection available to the mentation of a State strategic highway safe- hicle mile traveled; public through— ty plan, a State may use up to 10 percent of ‘‘(B) serious injuries and fatalities per cap- ‘‘(A) the website of the Department; and the amount of funds apportioned to the ita; and ‘‘(B) such other means as the Secretary de- State under section 104(b)(3) for a fiscal year ‘‘(C) the number of serious injuries and fa- termines to be appropriate. to carry out safety projects under any other talities ‘‘(4) DISCOVERY AND ADMISSION INTO EVI- section as provided in the State strategic ‘‘(2) ESTABLISHMENT OF STATE PERFORM- DENCE OF CERTAIN REPORTS, SURVEYS, AND IN- highway safety plan if the State certifies ANCE TARGETS.—Not later than 1 year after FORMATION.—Notwithstanding any other pro- that— the Secretary has issued guidance to States vision of law, reports, surveys, schedules, ‘‘(A) the State has met needs in the State on the establishment, collection, and report- lists, or data compiled or collected for any relating to railway-highway crossings for the ing of performance measures, each State purpose relating to this section, shall not be preceding fiscal year; and shall set performance targets that reflect— subject to discovery or admitted into evi- ‘‘(B) the funds are being used for the most ‘‘(A) serious injuries and fatalities per ve- dence in a Federal or State court proceeding effective projects to make progress toward hicle mile traveled; or considered for other purposes in any ac- achieving the safety performance targets of ‘‘(B) serious injuries and fatalities per cap- tion for damages arising from any occur- the State. ita; and rence at a location identified or addressed in ‘‘(2) OTHER TRANSPORTATION AND HIGHWAY ‘‘(C) the number of serious injuries and fa- the reports, surveys, schedules, lists, or SAFETY PLANS.—Nothing in this subsection talities. other data. requires a State to revise any State process, ‘‘(i) SPECIAL RULES.— ‘‘(k) STATE PERFORMANCE TARGETS.—If the plan, or program in effect on the date of en- ‘‘(1) HIGH-RISK RURAL ROAD SAFETY.—If the Secretary determines that a State has not actment of the MAP–21. fatality rate on rural roads in a State in- met or made significant progress toward ‘‘(g) DATA IMPROVEMENT.— creases over the most recent 2-year period meeting the performance targets of the ‘‘(1) DEFINITION OF DATA IMPROVEMENT AC- for which data are available, that State shall State established under subsection (h) by the TIVITIES.—In this subsection: be required to obligate in the next fiscal year date that is 2 years after the date of the es- ‘‘(A) IN GENERAL.—The term ‘data improve- for projects on high risk rural roads an tablishment of the performance targets, the ment activities’ means a project or activity amount equal to at least 200 percent of the State shall— to further the capacity of a State to make amount of funds the State received for fiscal ‘‘(1) use obligation authority equal to the more informed and effective safety infra- year 2009 for high risk rural roads under sub- apportionment of the State for the prior structure investment decisions. section (f) of this section, as in effect on the year under section 104(b)(3) only for highway ‘‘(B) INCLUSIONS.—The term ‘data improve- day before the date of enactment of the safety improvement projects under this sec- ment activities’ includes a project or activ- MAP–21. tion until the Secretary determines that the ity— ø‘‘(2) RAIL-HIGHWAY GRADE CROSSINGS.—If State has met or made significant progress ‘‘(i) to create, update, or enhance a high- the fatality rate at highway grade crossings toward meeting the performance targets of way basemap of all public roads in a State; in a State increases over the most recent 2- the State; and ‘‘(ii) to collect safety data, including data year period for which data are available, ‘‘(2) submit annually to the Secretary, identified as part of the model inventory of that State shall be required to obligate in until the Secretary determines that the roadway elements, for creation of or use on the next fiscal year on rail-highway grade State has met or made significant progress a highway basemap of all public roads in a crossings an amount equal to 120 percent of toward meeting the performance targets of State; the amount of funds the State received for the State, an implementation plan that— ‘‘(iii) to store and maintain safety data in fiscal year 2009 for rail-highway grade cross- ‘‘(A) identifies roadway features that con- an electronic manner; ings under section 130(f) (as in effect on the stitute a hazard to road users; ‘‘(iv) to develop analytical processes for day before the date of enactment of the ‘‘(B) identifies highway safety improve- safety data elements; MAP–21).¿ ment projects on the basis of crash experi- ‘‘(v) to acquire and implement roadway ‘‘(2) RAIL-HIGHWAY GRADE CROSSINGS.—If the ence, crash potential, or other data-sup- safety analysis tools; and average number of fatalities at rail-highway ported means;

VerDate Mar 15 2010 05:24 Jun 04, 2013 Jkt 099060 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 J:\CRONLINE\2000-THRU-2012-ONLINE-CORRECTIONS\2012 RECORD ONLINE CORREC bjneal on DSK2TWX8P1PROD with February 9, 2012 CONGRESSIONAL RECORD — SENATE S437 ‘‘(C) describes how highway safety im- electrification systems, if the Secretary, ‘‘(B) is eligible under the transportation provement program funds will be allocated, after consultation with the Administrator, mobility program under section 133. including projects, activities, and strategies determines that the facility or program is ‘‘(2) STATES WITH A NONATTAINMENT AREA.— to be implemented; likely to contribute to the attainment of a ‘‘(A) IN GENERAL.—If a State has a non- ‘‘(D) describes how the proposed projects, national ambient air quality standard; attainment area or maintenance area and re- activities, and strategies funded under the ‘‘(D) if the program or project improves ceived funds in fiscal year 2009 under section State highway safety improvement program traffic flow, including projects to improve 104(b)(2)(D), as in effect on the day before the will allow the State to make progress toward signalization, construct high-occupancy ve- date of enactment of the MAP–21, above the achieving the safety performance targets of hicle lanes, improve intersections, add turn- amount of funds that the State would have the State; and ing lanes, improve transportation systems received based on the nonattainment and ‘‘(E) describes the actions the State will management and operations that mitigate maintenance area population of the State undertake to meet the performance targets congestion and improve air quality, and im- under subparagraphs (B) and (C) of section of the State. plement intelligent transportation system 104(b)(2), as in effect on the day before the ‘‘(l) FEDERAL SHARE OF HIGHWAY SAFETY strategies and such other projects that are date of enactment of the MAP–21, the State IMPROVEMENT PROJECTS.—Except as provided eligible for assistance under this section on may use for any project that is eligible under in sections 120 and 130, the Federal share of the day before the date of enactment of the the transportation mobility program under the cost of a highway safety improvement MAP–21, including programs or projects to section 133 an amount of funds apportioned project carried out with funds apportioned to improve incident and emergency response or to such State under section 104(b)(4) (exclud- a State under section 104(b)(3) shall be 90 per- improve mobility, such as through real-time ing the amount of funds reserved under sub- cent.’’. traffic, transit, and multimodal traveler in- section (l)) that is equal to the product ob- SEC. 1113. CONGESTION MITIGATION AND AIR formation; tained by multiplying— QUALITY IMPROVEMENT PROGRAM. ‘‘(E) if the project or program involves the ‘‘(i) øthe apportioned amount¿ the amount Section 149 of title 23, United States Code, purchase of integrated, interoperable emer- apportioned to such State under section is amended to read as follows: gency communications equipment; 104(b)(4) (excluding the amount of funds re- ‘‘(F) if the project or program is for— served under subsection (l)); by ‘‘§ 149. Congestion mitigation and air quality ‘‘(i) the purchase of diesel retrofits that ‘‘(ii) the ratio calculated under paragraph improvement program are— (B). ‘‘(a) ESTABLISHMENT.—The Secretary shall ‘‘(I) for motor vehicles (as defined in sec- ‘‘(B) RATIO.—For purposes of this para- establish and implement a congestion miti- tion 216 of the Clean Air Act (42 U.S.C. 7550)); graph, the ratio shall be calculated as— gation and air quality improvement program or ‘‘(i) the amount for fiscal year 2009 such in accordance with this section. ‘‘(II) verified or certified technologies in- State was permitted by section 149(c)(2), as ‘‘(b) ELIGIBLE PROJECTS.— cluded in the list published pursuant to sub- in effect on the day before the date of enact- ‘‘(1) IN GENERAL.—Except as provided in section (f)(2), as in effect on the day before ment of the MAP–21, to obligate in any area subsection (c), a State may obligate funds the date of enactment of the MAP–21, for of the State for projects eligible under sec- apportioned to the State for the congestion nonroad vehicles and nonroad engines (as de- tion 133, as in effect on the day before the mitigation and air quality improvement pro- fined in section 216 of the Clean Air Act (42 date of enactment of the MAP–21; bears to gram under section 104(b)(4) that are not re- U.S.C. 7550)) that are used in construction ‘‘(ii) the total apportionment to such State served under subsection (l) only for a trans- projects that are— for fiscal year 2009 under section 104(b)(2), as portation project or program if the project ‘‘(aa) located in nonattainment or mainte- in effect on the day before the date of enact- or program is for an area in the State that is nance areas for ozone, PM10, or PM2.5 (as de- ment of the MAP–21. or was designated as a nonattainment area fined under the Clean Air Act (42 U.S.C. 7401 ‘‘(3) CHANGES IN DESIGNATION.—If a new for ozone, carbon monoxide, or particulate et seq.)); and nonattainment area is designated or a pre- matter under section 107(d) of the Clean Air ‘‘(bb) funded, in whole or in part, under viously designated nonattainment area is re- Act (42 U.S.C. 7407(d)) and classified pursuant this title; or designated as an attainment area in a State to section 181(a), 186(a), 188(a), or 188(b) of ‘‘(ii) the conduct of outreach activities under the Clean Air Act (42 U.S.C. 7401 et the Clean Air Act (42 U.S.C. 7511(a), 7512(a), that are designed to provide information and seq.), the Secretary shall modify the amount 7513(a), or 7513(b)) or is or was designated as technical assistance to the owners and oper- such State is permitted to obligate in any a nonattainment area under section 107(d) of ators of diesel equipment and vehicles re- area of the State for projects eligible under that Act after December 31, 1997, or is re- garding the purchase and installation of die- section 133. quired to prepare, and file with the Adminis- sel retrofits; ‘‘(d) APPLICABILITY OF PLANNING REQUIRE- trator of the Environmental Protection ‘‘(G) if the project or program shifts traffic MENTS.—Programming and expenditure of Agency, maintenance plans under the Clean demand to nonpeak hours or other transpor- funds for projects under this section shall be Air Act (42 U.S.C. 7401 et seq.); and tation modes, increases vehicle occupancy consistent with the requirements of sections ‘‘(A)(i)(I) if the Secretary, after consulta- rates, or otherwise reduces demand for roads 134 and 135. tion with the Administrator determines, on through such means as telecommuting, ride- ‘‘(e) PARTNERSHIPS WITH NONGOVERN- the basis of information published by the En- sharing, carsharing, alternative work hours, MENTAL ENTITIES.— vironmental Protection Agency pursuant to and pricing; or ‘‘(1) IN GENERAL.—Notwithstanding any subparagraph (A) of section 108(f)(1) of the ‘‘(H) if the Secretary, after consultation other provision of this title and in accord- Clean Air Act (other than clause (xvi) of that with the Administrator, determines that the ance with this subsection, a metropolitan subparagraph) (42 U.S.C. 7408(f)(1)) that the project or program is likely to contribute to planning organization, State transportation project or program is likely to contribute the attainment of a national ambient air department, or other project sponsor may to— quality standard, whether through reduc- enter into an agreement with any public, pri- ‘‘(aa) the attainment of a national ambient tions in vehicle miles traveled, fuel con- vate, or nonprofit entity to cooperatively air quality standard; or sumption, or through other factors. implement any project carried out with ‘‘(bb) the maintenance of a national ambi- ‘‘(2) LIMITATIONS.—Funds apportioned to a funds apportioned under section 104(b)(4). ent air quality standard in a maintenance State under section 104(b)(4) and not reserved ‘‘(2) FORMS OF PARTICIPATION BY ENTITIES.— area; and under subsection (l) may not be obligated for Participation by an entity under paragraph ‘‘(II) there exists a high level of effective- a project that will result in the construction (1) may consist of— ness in reducing air pollution, in cases of of new capacity available to single-occupant ‘‘(A) ownership or operation of any land, projects or programs where sufficient infor- vehicles unless the project consists of a high- facility, vehicle, or other physical asset asso- mation is available in the database estab- occupancy vehicle facility available to sin- ciated with the project; lished pursuant to subsection (h) to deter- gle-occupant vehicles only at other than ‘‘(B) cost sharing of any project expense; mine the relative effectiveness of such peak travel times or such use by single-occu- ‘‘(C) carrying out of administration, con- projects or programs; or pant vehicles at peak travel times is subject struction management, project management, ‘‘(ii) in any case in which such information to a toll. project operation, or any other management is not available, if the Secretary, after such ‘‘(c) STATES FLEXIBILITY.— or operational duty associated with the consultation, determines that the project or ‘‘(1) STATES WITHOUT A NONATTAINMENT project; and program is part of a program, method, or AREA.—If a State does not have, and never ‘‘(D) any other form of participation ap- strategy described in such section has had, a nonattainment area designated proved by the Secretary. 108(f)(1)(A); under the Clean Air Act (42 U.S.C. 7401 et ‘‘(3) ALLOCATION TO ENTITIES.—A State may ‘‘(B) if the project or program is included seq.) for ozone, carbon monoxide, or PM2.5, allocate funds apportioned under section in a State implementation plan that has the State may use funds apportioned to the 104(b)(4) to an entity described in paragraph been approved pursuant to the Clean Air Act State under section 104(b)(4) (excluding the (1). and the project will have air quality bene- amount of funds reserved under subsection ‘‘(4) ALTERNATIVE FUEL PROJECTS.—In the fits; (l)) for any project in the State that— case of a project that will provide for the use ‘‘(C) to establish or operate a traffic moni- ‘‘(A) would otherwise be eligible under sub- of alternative fuels by privately owned vehi- toring, management, and control facility or section (b) as if the project were carried out cles or vehicle fleets, activities eligible for program, including øadvanced¿ truck stop in a nonattainment or maintenance area; or funding under this subsection—

VerDate Mar 15 2010 05:24 Jun 04, 2013 Jkt 099060 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 J:\CRONLINE\2000-THRU-2012-ONLINE-CORRECTIONS\2012 RECORD ONLINE CORREC bjneal on DSK2TWX8P1PROD with S438 CONGRESSIONAL RECORD — SENATE February 9, 2012 ‘‘(A) may include the costs of vehicle re- projects may be conducted through modeling ‘‘(iii) 1.1 if, at the time of the apportion- fueling infrastructure, including infrastruc- or other means to demonstrate the emissions ment, the area is classified as a moderate ture that would support the development, reduction projection required under this sec- ozone nonattainment area under subpart 2 of production, and use of emerging technologies tion. part D of title I of the Clean Air Act (42 that reduce emissions of air pollutants from ‘‘(2) APPLICABILITY.—If an assessment de- U.S.C. 7511 et seq.); motor vehicles, and other capital invest- scribed in paragraph (1) successfully dem- ‘‘(iv) 1.2 if, at the time of the apportion- ments associated with the project; onstrates an emissions reduction, all ment, the area is classified as a serious ozone ‘‘(B) shall include only the incremental projects included in such assessment shall be nonattainment area under subpart 2 of part cost of an alternative fueled vehicle, as com- eligible for obligation under this section D of title I of the Clean Air Act (42 U.S.C. pared to a conventionally fueled vehicle, without further demonstration of emissions 7511 et seq.); that would otherwise be borne by a private reduction of individual projects included in ‘‘(v) 1.3 if, at the time of the apportion- party; and such assessment. ment, the area is classified as a severe ozone ‘‘(C) shall apply other governmental finan- ‘‘(j) SUBALLOCATION TO NONATTAINMENT AND nonattainment area under subpart 2 of part cial purchase contributions in the calcula- MAINTENANCE AREAS.— D of title I of the Clean Air Act (42 U.S.C. tion of net incremental cost. ‘‘(1) IN GENERAL.—An amount equal to 50 7511 et seq.); ‘‘(5) PROHIBITION ON FEDERAL PARTICIPATION percent of the amount of funds apportioned ‘‘(vi) 1.5 if, at the time of the apportion- WITH RESPECT TO REQUIRED ACTIVITIES.—A to each State under section 104(b)(4) (exclud- ment, the area is classified as an extreme Federal participation payment under this ing the amount of funds reserved under sub- ozone nonattainment area under subpart 2 of subsection may not be made to an entity to section (l)) shall be suballocated for projects part D of title I of the Clean Air Act (42 fund an obligation imposed under the Clean within each area designated as nonattain- U.S.C. 7511 et seq.); Air Act (42 U.S.C. 7401 et seq.) or any other ment or maintenance for the pollutants de- ‘‘(vii) 1.0 if, at the time of the apportion- Federal law. scribed in subsection (b). ment, the area is not a nonattainment or ‘‘(f) PRIORITY CONSIDERATION.—States and ‘‘(2) DISTRIBUTION OF FUNDS.—The distribu- maintenance area for ozone as described in metropolitan planning organizations shall tion within any State of funds required to be section 149(b), but is designated under sec- give priority in areas designated as non- suballocated under paragraph (1) to each tion 107 of the Clean Air Act (42 U.S.C. 7407) attainment or maintenance for PM2.5 under nonattainment or maintenance area shall be as a nonattainment area for carbon mon- the Clean Air Act (42 U.S.C. 7401 et seq.) in in accordance with a formula developed by oxide; distributing funds received for congestion each State and approved by the Secretary, ‘‘(viii) 1.0 if, at the time of the apportion- mitigation and air quality projects and pro- which shall consider the population of each ment, the area is designated as nonattain- grams from apportionments under section such nonattainment or maintenance area ment for ozone under section 107 of the Clean 104(b)(4) not required to be reserved under and shall be weighted by the severity of pol- Air Act (42 U.S.C. 7407); or subsection (l) to projects that are proven to lution in the manner described in paragraph ‘‘(ix) 1.2 if, at the time of the apportion- reduce PM , including diesel retrofits. 2.5 (6). ment, the area is not a nonattainment or ‘‘(g) INTERAGENCY CONSULTATION.—The maintenance area as described in section Secretary shall encourage States and metro- ‘‘(3) PROJECT SELECTION.—Projects under 149(b) for ozone, but is designated as a non- politan planning organizations to consult this subsection shall be selected by a State attainment or maintenance area for fine par- with State and local air quality agencies in and shall be consistent with the require- ticulate matter, 2.5 micrometers or less, nonattainment and maintenance areas on ments of sections 134 and 135. under section 107 of the Clean Air Act (42 the estimated emission reductions from pro- ‘‘(4) PRIORITY FOR USE OF SUBALLOCATED U.S.C. 7407). posed congestion mitigation and air quality FUNDS IN PM2.5 AREAS.— ‘‘(B) OTHER FACTORS.—If, in addition to improvement programs and projects. ‘‘(A) IN GENERAL.—An amount equal to 50 being designated as a nonattainment or ‘‘(h) EVALUATION AND ASSESSMENT OF percent of the funds suballocated under para- PROJECTS.— graph (1) for a nonattainment or mainte- maintenance area for ozone as described in ‘‘(1) DATABASE.— nance area that are based all or in part on section 149(b), any county within the area ‘‘(A) IN GENERAL.—Using appropriate as- the weighted population of such area in fine was also designated under section 107 of the sessments of projects funded under the con- particulate matter nonattainment shall be Clean Air Act (42 U.S.C. 7407) as a nonattain- gestion mitigation and air quality program obligated to projects that reduce such fine ment or maintenance area for carbon mon- and results from other research, the Sec- particulate matter emissions in such area, oxide, or was designated under section 107 of retary shall maintain and disseminate a cu- including diesel retrofits. the Clean Air Act (42 U.S.C. 7407) as a non- mulative database describing the impacts of ‘‘(B) CONSTRUCTION EQUIPMENT.—An attainment or maintenance area for particu- the projects, including specific information amount equal to 30 percent of the funds re- late matter, 2.5 micrometers or less, or both, about each project, such as the project name, quired to be set aside under subparagraph (A) the weighted nonattainment or maintenance location, sponsor, cost, and, to the extent al- shall be obligated to carry out the objectives area population of the county, as determined ready measured by the project sponsor, cost- of section 330. under clauses (i) through (vi), or clause effectiveness, based on reductions in conges- ‘‘(C) OBLIGATION PROCESS.—øEach¿ (viii), of subparagraph (A), shall be further tion and emissions. ‘‘(i) IN GENERAL.—Each State or metropoli- multiplied by a factor of 1.2, or a second fur- ‘‘(B) AVAILABILITY.—The database shall be tan planning organization required to obli- ther factor of 1.2 if the area is designated as published or otherwise made readily avail- gate funds in accordance with this paragraph a nonattainment or maintenance area for able by the Secretary in electronically ac- shall develop a process to provide funding di- both carbon monoxide and particulate mat- cessible format and means, such as the Inter- rectly to eligible entities (as defined under ter, 2.5 micrometers or less. net, for public review. section 330) in order to achieve the objectives ‘‘(7) EXCEPTIONS FOR CERTAIN STATES.— ‘‘(2) COST EFFECTIVENESS.— of such section. ‘‘(A) A State without a nonattainment or ‘‘(A) IN GENERAL.—The Secretary, in con- ‘‘(ii) OBLIGATION.—A State may obligate sub- maintenance area shall not be subject to the sultation with the Administrator of the En- allocated funds designated under this para- requirements of this subsection. vironmental Protection Agency, shall evalu- graph without regard to any process or other re- ‘‘(B) The amount of funds required to be ate projects on a periodic basis and develop quirement established under this section. set aside under paragraph (1) in a State that a table or other similar medium that illus- ‘‘(5) FUNDS NOT SUBALLOCATED.—Except as received a minimum apportionment for fis- trates the cost-effectiveness of a range of provided in subsection (c), funds apportioned cal year 2009 under section 104(b)(2)(D), as in project types eligible for funding under this to a State under section 104(b)(4) (excluding effect on the day before the date of enact- section as to how the projects mitigate con- the amount of funds reserved under sub- ment of the MAP–21, shall be based on the gestion and improve air quality. section (l)) and not suballocated under para- amount of funds such State would otherwise ‘‘(B) CONTENTS.—The table described in graph (1) shall be made available to such have been apportioned under section 104(b)(4) subparagraph (A) shall show measures of State for programming in any nonattain- (excluding the amount of funds reserved cost-effectiveness, such as dollars per ton of ment or maintenance area in the State. under subsection (l)) but for the minimum emissions reduced, and assess those meas- ‘‘(6) FACTORS FOR CALCULATION OF SUB- apportionment in fiscal year 2009. ures over a variety of timeframes to capture ALLOCATION.— ‘‘(k) PERFORMANCE PLAN.— impacts on the planning timeframes outlined ‘‘(A) IN GENERAL.—For the purposes of ‘‘(1) IN GENERAL.—Each tier I metropolitan in section 134. paragraph (2), each State shall weight the planning organization (as defined in section ‘‘(C) USE OF TABLE.—States and metropoli- population of each such nonattainment or 134) representing a nonattainment or main- tan planning organizations shall consider the maintenance area by a factor of— tenance area shall develop a performance information in the table when selecting ‘‘(i) 1.0 if, at the time of the apportion- plan that— projects or developing performance plans ment, the area is a maintenance area for ‘‘(A) includes an area baseline level for under subsection (k). ozone or carbon monoxide; traffic congestion and on-road mobile source ‘‘(i) OPTIONAL PROGRAMMATIC ELIGI- ‘‘(ii) 1.0 if, at the time of the apportion- emissions for which the area is in nonattain- BILITY.— ment, the area is classified as a marginal ment or maintenance; ‘‘(1) IN GENERAL.—At the discretion of a ozone nonattainment area under subpart 2 of ‘‘(B) identifies air quality and traffic con- metropolitan planning organization, a tech- part D of title I of the Clean Air Act (42 gestion reduction target levels based on nical assessment of a selected program of U.S.C. 7511 et seq.); measures established by the Secretary; and

VerDate Mar 15 2010 05:24 Jun 04, 2013 Jkt 099060 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 J:\CRONLINE\2000-THRU-2012-ONLINE-CORRECTIONS\2012 RECORD ONLINE CORREC bjneal on DSK2TWX8P1PROD with February 9, 2012 CONGRESSIONAL RECORD — SENATE S439 ‘‘(C) includes a description of projects iden- individuals with disabilities, to access daily ‘‘(bb) the total amount of funds appor- tified for funding under this section and a de- needs; tioned to Puerto Rico for all such programs scription of how such projects will con- ‘‘(iii) activities for safety and education for fiscal year 1997. tribute to achieving emission and traffic for pedestrians and bicyclists and to encour- ‘‘(ii) EXCEPTION.—Funds identified under congestion reduction targets. age walking and bicycling, including efforts clause (i) as having been apportioned for the ‘‘(2) UPDATED PLANS.— to encourage walking and bicycling to school national highway system, the surface trans- ‘‘(A) IN GENERAL.—Performance plans shall and community centers; portation program, and the Interstate main- be updated on the schedule required under ‘‘(iv) conversion and use of abandoned rail- tenance program shall be deemed to have paragraph (3). road corridors for trails for pedestrians, been apportioned 50 percent for the national ‘‘(B) CONTENTS.—An updated plan shall in- bicyclists, or other nonmotorized transpor- highway performance program and 50 per- clude a separate report that assesses the tation users; and cent for the transportation mobility program progress of the program of projects under the ‘‘(v) carpool, vanpool, and car share for purposes of imposing such penalties. previous plan in achieving the air quality projects.¿ ‘‘(B) PENALTY.—The amounts treated as and traffic congestion targets of the previous ‘‘(D) Planning, designing, or constructing being apportioned to Puerto Rico under each plan. boulevards and other roadways largely in the section referred to in subparagraph (A) shall ‘‘(3) RULEMAKING.—Not later than 18 right-of-way of former Interstate System routes be deemed to be required to be apportioned months after the date of enactment of the or other divided highways. to Puerto Rico under that section for pur- MAP–21, the Secretary shall promulgate reg- ‘‘(3) FLEXIBILITY OF EXCESS RESERVED FUND- poses of the imposition of any penalty under ulations to implement this subsection that ING.—Beginning in the second fiscal year this title or title 49. identify performance measures for traffic after the date of enactment of the MAP–21, if ‘‘(C) ELIGIBLE USES OF FUNDS.—Of amounts congestion and on-road mobile source emis- on August 1 of that fiscal year the unobli- allocated to Puerto Rico for the Puerto Rico sions, timelines for performance plans, and gated balance of available funds apportioned Highway Program for a fiscal year— requirements under this section for assessing to a State under section 104(b)(4) and re- ‘‘(i) at least 50 percent shall be available the implementation of projects carried out served by a State under this subsection ex- only for purposes eligible under section 119; under this section. ceeds 150 percent of such reserved amount in ‘‘(ii) at least 25 percent shall be available only for purposes eligible under section 148; ‘‘(l) ADDITIONAL ACTIVITIES.— such fiscal year, the State may thereafter obligate the amount of excess funds for any and ‘‘(1) RESERVATION OF FUNDS.—Of the funds ‘‘(iii) any remaining funds may be obli- activity— apportioned to a State under section gated for activities eligible under chapter 1. 104(b)(4), a State shall reserve the amount of ‘‘(A) that is eligible to receive funding ‘‘(3) EFFECT ON APPORTIONMENTS.—Except under this subsection; or funds attributable to the inclusion of the 10 as otherwise specifically provided, Puerto ‘‘(B) for which the Secretary has approved percent of surface transportation program Rico shall not be eligible to receive funds ap- the obligation of funds for any State under funds apportioned to such State for fiscal portioned to States under this title. this section. year 2009 in the formula under section ‘‘(c) TERRITORIAL HIGHWAY PROGRAM.— 104(b)(4) for projects under this subsection. ‘‘(4) PROVISION OF ADEQUATE DATA, MOD- ‘‘(1) TERRITORY DEFINED.—In this sub- ‘‘(2) ELIGIBLE PROJECTS.—A State may obli- ELING, AND SUPPORT.—In any case in which a section, the term ‘territory’ means any of gate the funds reserved under this subsection State requests reasonable technical support or the following territories of the United for any of the following projects or activi- otherwise requests data (including planning States: ties: models and other modeling), clarification, or ‘‘(A) American Samoa. ‘‘(A) Transportation enhancements, as de- guidance regarding the content of any final rule ‘‘(B) The Commonwealth of the Northern fined in section 101. or applicable regulation material to State ac- Mariana Islands. ‘‘(B) The recreational trails program under tions under this section, the Secretary and any ‘‘(C) Guam. section 206. other agency shall provide that support, clari- ‘‘(D) The United States Virgin Islands. ‘‘(C) The safe routes to school program fication, or guidance in a timely manner. ‘‘(2) PROGRAM.— under section 1404 of the SAFETEA-LU (23 ‘‘ø(4)¿(5) TREATMENT OF PROJECTS.—Not- ‘‘(A) IN GENERAL.—Recognizing the mutual U.S.C. 402 note; Public Law 109–59). withstanding any other provision of law, benefits that will accrue to the territories ø‘‘(D) Planning, designing, or constructing projects funded under this subsection shall and the United States from the improvement boulevards, main streets, and other road- be treated as projects on a Federal-aid sys- of highways in the territories, the Secretary ways, including— tem under this chapter.’’. may carry out a program to assist each gov- ‘‘(i) redesign of an underused highway, par- SEC. 1114. TERRITORIAL AND PUERTO RICO ernment of a territory in the construction ticularly a highway that is no longer a prin- HIGHWAY PROGRAM. and improvement of a system of arterial and cipal route after construction of a bypass or (a) IN GENERAL.—Section 165 of title 23, collector highways, and necessary inter-is- Interstate System route, into a boulevard or United States Code, is amended to read as land connectors, that is— main street that includes multiple forms of follows: ‘‘(i) designated by the Governor or chief ex- transportation; ecutive officer of each territory; and ‘‘(ii) new street construction that enhances ‘‘§ 165. Territorial and Puerto Rico highway ‘‘(ii) approved by the Secretary. program multimodal connectivity and includes public ‘‘(B) FEDERAL SHARE.—The Federal share of transportation, pedestrian walkways, or bi- ‘‘(a) DIVISION OF FUNDS.—Of funds made Federal financial assistance provided to ter- cycle infrastructure; available in a fiscal year for the territorial ritories under this subsection shall be in ac- ‘‘(iii) redesign of a street to enhance and Puerto Rico highway program— cordance with section 120(g). connectivity and increase the efficiency of ‘‘(1) 75 percent shall be for the Puerto Rico ‘‘(3) TECHNICAL ASSISTANCE.— network performance that includes public highway program under subsection (b); and ‘‘(A) IN GENERAL.—To continue a long- transportation, pedestrian walkways, or bi- ‘‘(2) 25 percent shall be for the territorial range highway development program, the cycle infrastructure; highway program under subsection (c). Secretary may provide technical assistance ‘‘(iv) redesign of a highway to support pub- ‘‘(b) PUERTO RICO HIGHWAY PROGRAM.— to the governments of the territories to en- lic transportation, including transit-only ‘‘(1) IN GENERAL.—The Secretary shall allo- able the territories, on a continuing basis— lanes and priority signalization for transit; cate funds made available to carry out this ‘‘(i) to engage in highway planning; or subsection to the Commonwealth of Puerto ‘‘(ii) to conduct environmental evalua- ‘‘(v) construction of high-occupancy vehi- Rico to carry out a highway program in the tions; cle lanes and congestion reduction activities Commonwealth. ‘‘(iii) to administer right-of-way acquisi- that increase the efficiency of the existing ‘‘(2) TREATMENT OF FUNDS.—Amounts made tion and relocation assistance programs; and road network. available to carry out this subsection for a ‘‘(iv) to design, construct, operate, and ‘‘(E) Providing transportation choices, in- fiscal year shall be administered as follows: maintain a system of arterial and collector cluding— ‘‘(A) APPORTIONMENT.— highways, including necessary inter-island ‘‘(i) on-road and off-road trail facilities for ‘‘(i) IN GENERAL.—For the purpose of im- connectors. pedestrians, bicyclists, and other non- posing any penalty under this title or title ‘‘(B) FORM AND TERMS OF ASSISTANCE.— motorized forms of transportation, including 49, the amounts shall be treated as being ap- Technical assistance provided under sub- sidewalks, bicycle infrastructure, pedestrian portioned to Puerto Rico under sections paragraph (A), and the terms for the sharing and bicycle signals, traffic calming tech- 104(b) and 144 (as in effect for fiscal year 1997) of information among territories receiving niques, lighting, and other safety-related in- for each program funded under those sec- the technical assistance, shall be included in frastructure, and transportation projects to tions in an amount determined by multi- the agreement required by paragraph (5). achieve compliance with the Americans with plying— ‘‘(4) NONAPPLICABILITY OF CERTAIN PROVI- Disabilities Act of 1990 (42 U.S.C. 12101 et ‘‘(I) the aggregate of the amounts for the SIONS.— seq.); fiscal year; by ‘‘(A) IN GENERAL.—Except to the extent ‘‘(ii) the planning, design, and construction ‘‘(II) the proportion that— that provisions of this chapter are deter- of infrastructure-related projects and sys- ‘‘(aa) the amount of funds apportioned to mined by the Secretary to be inconsistent tems that will provide safe routes for non- Puerto Rico for each such program for fiscal with the needs of the territories and the in- drivers, including children, older adults, and year 1997; bears to tent of this subsection, this chapter (other

VerDate Mar 15 2010 05:24 Jun 04, 2013 Jkt 099060 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 J:\CRONLINE\2000-THRU-2012-ONLINE-CORRECTIONS\2012 RECORD ONLINE CORREC bjneal on DSK2TWX8P1PROD with S440 CONGRESSIONAL RECORD — SENATE February 9, 2012 than provisions of this chapter relating to ning, design, and maintenance of the high- ignation of the primary freight network the apportionment and allocation of funds) way system. under subsection (f), a State shall obligate shall apply to funds made available under ‘‘(B) PROHIBITION ON USE OF FUNDS FOR ROU- funds apportioned under section 104(b)(5) to this subsection. TINE MAINTENANCE.—None of the funds made improve the movement of freight on the na- ‘‘(B) APPLICABLE PROVISIONS.—The agree- available under this subsection shall be obli- tional freight network. ment required by paragraph (5) for each ter- gated or expended for routine maintenance. ‘‘(2) LOCATION OF PROJECTS.—A project car- ritory shall identify the sections of this ‘‘(7) LOCATION OF PROJECTS.—Territorial ried out using funds apportioned under para- chapter that are applicable to that territory highway program projects (other than those graph (1) shall be located— and the extent of the applicability of those described in paragraphs (2), (4), (7), (8), (14), ‘‘(A) on the primary freight network as de- sections. and (19) of section 133(c)) may not be under- scribed under subsection (f); ‘‘(5) AGREEMENT.— taken on roads functionally classified as ‘‘(B) on a portion of the Interstate System ‘‘(A) IN GENERAL.—Except as provided in local.’’. not designated as primary freight network; subparagraph (D), none of the funds made (b) CONFORMING AMENDMENTS.— ‘‘(C) on roads off of the Interstate System available under this subsection shall be (1) CLERICAL AMENDMENT.—The analysis for or primary freight network, if that use of chapter 1 of title 23, United States Code, is available for obligation or expenditure with funds will provide— amended by striking the item relating to respect to any territory until the chief exec- ‘‘(i) a more significant improvement to section 165 and inserting the following: utive officer of the territory has entered into freight movement on the Interstate System an agreement (including an agreement en- ‘‘165. Territorial and Puerto Rico highway or the primary freight network; øor¿ tered into under section 215 as in effect on program.’’. ‘‘(ii) critical freight access to the Inter- the day before the enactment of this section) (2) OBSOLETE TEXT.—Section 215 of that state System or the primary freight net- with the Secretary providing that the gov- title, and the item relating to that section in work; or ernment of the territory shall— the analysis for chapter 2, are repealed. ‘‘(iii) mitigation of the congestion impacts ‘‘(i) implement the program in accordance SEC. 1115. NATIONAL FREIGHT PROGRAM. from freight movement; with applicable provisions of this chapter (a) IN GENERAL.—Chapter 1 of title 23, ‘‘(D) on a national highway system freight and paragraph (4); United States Code, is amended by adding at intermodal connector; ‘‘(ii) design and construct a system of arte- the end the following: ‘‘(E) on critical rural freight corridors, as rial and collector highways, including nec- ‘‘§ 167. National freight program designated under subsection (g) (except that essary inter-island connectors, in accordance ‘‘(a) NATIONAL FREIGHT PROGRAM.—It is the not more than 20 percent of the total antici- with standards that are— policy of the United States to improve the pated apportionment of a State under sec- ‘‘(I) appropriate for each territory; and condition and performance of the national tion 104(b)(5) during fiscal years 2012 and 2013 ‘‘(II) approved by the Secretary; freight network to ensure that the national may be used for projects on critical rural ‘‘(iii) provide for the maintenance of facili- freight network provides the foundation for freight corridors); or ties constructed or operated under this sub- the United States to compete in the global ‘‘(F) within the boundaries of public and section in a condition to adequately serve economy and achieve each goal described in private intermodal facilities, but shall only the needs of present and future traffic; and subsection (b). include surface infrastructure necessary to ‘‘(iv) implement standards for traffic oper- ‘‘(b) GOALS.—The goals of the national facilitate direct intermodal interchange, ations and uniform traffic control devices freight program are— transfer, and access into and out of the facil- ‘‘(1) to invest in infrastructure improve- that are approved by the Secretary. ity. ments and to implement operational im- ‘‘(B) TECHNICAL ASSISTANCE.—The agree- ‘‘(3) PRIMARY FREIGHT NETWORK FUNDING.— provements that— ment required by subparagraph (A) shall— Beginning for each fiscal year after the Sec- ‘‘(A) strengthen the contribution of the na- ‘‘(i) specify the kind of technical assist- retary designates the primary freight net- tional freight network to the economic com- ance to be provided under the program; work, a State shall obligate from funds ap- petitiveness of the United States; ‘‘(ii) include appropriate provisions regard- portioned under section 104(b)(5) for the pri- ‘‘(B) reduce congestion; and ing information sharing among the terri- mary freight network the lesser of— ‘‘(C) increase productivity, particularly for tories; and ‘‘(A) an amount equal to the product ob- domestic industries and businesses that cre- ‘‘(iii) delineate the oversight role and re- tained by multiplying— ate high-value jobs; ‘‘(i) an amount equal to 110 percent of the sponsibilities of the territories and the Sec- ‘‘(2) to reduce the environmental impacts apportionment of the State for the fiscal retary. of freight movement on the national freight year under section 104(b)(5); and ‘‘(C) REVIEW AND REVISION OF AGREEMENT.— network; ‘‘(ii) the proportion that— The agreement entered into under subpara- ‘‘(3) to improve the safety, security, and ‘‘(I) the total designated primary freight graph (A) shall be reevaluated and, as nec- resilience of freight transportation; network mileage of the State; bears to essary, revised, at least every 2 years. ‘‘(4) to improve the state of good repair of ‘‘(II) the sum of the designated primary ‘‘(D) EXISTING AGREEMENTS.—With respect the national freight network; freight network mileage of the State and the to an agreement under this subsection or an ‘‘(5) to use advanced technology to improve total Interstate system mileage of the State agreement entered into under section 215 of the safety and efficiency of the national that is not designated as part of the primary this title as in effect on the day before the freight network; date of enactment of this subsection— ‘‘(6) to incorporate concepts of perform- freight network; or ‘‘(i) the agreement shall continue in force ance, innovation, competition, and account- ‘‘(B) an amount equal to the total appor- until replaced by an agreement entered into ability into the operation and maintenance tionment of the State under section 104(b)(5). in accordance with subparagraph (A); and of the national freight network; and ‘‘(e) ELIGIBILITY.— ‘‘(ii) amounts made available under this ‘‘(7) to improve the economic efficiency of ‘‘(1) ELIGIBLE PROJECTS.—To be eligible for subsection under the existing agreement the national freight network. funding under this section, a project shall shall be available for obligation or expendi- ‘‘(c) ESTABLISHMENT OF PROGRAM.— demonstrate the improvement made by the ture so long as the agreement, or the exist- ‘‘(1) IN GENERAL.—The Secretary shall es- project to the efficient movement of freight ing agreement entered into under subpara- tablish and implement a national freight on the national freight network. graph (A), is in effect. program in accordance with this section to ‘‘(2) FREIGHT RAIL AND MARITIME ‘‘(6) ELIGIBLE USES OF FUNDS.— strategically direct Federal resources toward PROJECTS.— ‘‘(A) IN GENERAL.—Funds made available improved system performance for efficient ‘‘(A) IN GENERAL.—A State may obligate an under this subsection may be used only for movement of freight on highways, including amount equal to not more than 10 percent of the following projects and activities carried national highway system freight intermodal the total apportionment to the State under out in a territory: connectors and aerotropolis transportation section 104(b)(5) over the period of fiscal ‘‘(i) Eligible transportation mobility pro- systems. years 2012 and 2013 for public or private gram projects described in section 133(c). ‘‘(2) NETWORK COMPONENTS.—The national freight rail or maritime projects. ‘‘(ii) Cost-effective, preventive mainte- freight network shall consist of— ‘‘(B) ELIGIBILITY.—For a State to be eligi- nance consistent with section 116(d). ‘‘(A) the primary freight network, as des- ble to obligate funds in the manner described ‘‘(iii) Ferry boats, terminal facilities, and ignated by the Secretary under subsection (f) in subparagraph (A), the Secretary shall con- approaches, in accordance with subsections (referred to in this section as the ‘primary cur with the State that— (b) and (c) of section 129. freight network’) as most critical to the ‘‘(i) the project for which the State seeks ‘‘(iv) Engineering and economic surveys movement of freight; to obligate funds under this paragraph would and investigations for the planning, and the ‘‘(B) the portions of the Interstate System make freight rail improvements to enhance financing, of future highway programs. not designated as part of the primary freight cross-border commerce within 5 miles of the ‘‘(v) Studies of the economy, safety, and network; and international border between the United States convenience of highway use. ‘‘(C) critical rural freight corridors estab- and Canada or Mexico or make significant im- ‘‘(vi) The regulation and equitable taxation lished under subsection (g). provement to freight movements on the na- of highway use. ‘‘(d) USE OF APPORTIONED FUNDS.— tional freight network; and ‘‘(vii) Such research and development as ‘‘(1) PROJECTS ON THE NATIONAL FREIGHT ‘‘(ii) the public benefit of the project— are necessary in connection with the plan- NETWORK.—At a minimum, following des- ‘‘(I) exceeds the Federal investment; and

VerDate Mar 15 2010 05:24 Jun 04, 2013 Jkt 099060 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 J:\CRONLINE\2000-THRU-2012-ONLINE-CORRECTIONS\2012 RECORD ONLINE CORREC bjneal on DSK2TWX8P1PROD with February 9, 2012 CONGRESSIONAL RECORD — SENATE S441 ‘‘(II) provides a better return than a high- way designated as a part of, the Interstate ‘‘(iv) the annual average daily truck traffic way project on a segment of the primary System; on principal arterials; freight network. ‘‘(ii) the construction or improvements ‘‘(v) land and maritime ports of entry; ‘‘(3) ELIGIBLE PROJECT COSTS.—A State may would improve the level of service on the ‘‘(vi) population centers; and obligate funds apportioned to the State Interstate System described in subparagraph ‘‘(vii) network connectivity. under section 104(b)(5) for the national (A) and improve freight traffic flow; and ‘‘(2) ADDITIONAL MILES ON PRIMARY FREIGHT freight program for any of the following ‘‘(iii) the construction or improvements NETWORK.—In addition to the miles initially costs of an eligible project: are more cost-effective for freight movement designated under paragraph (1), the Sec- ‘‘(A) Development phase activities, includ- than an improvement to the Interstate Sys- retary may increase the number of miles des- ing planning, feasibility analysis, revenue tem described in subparagraph (A); ignated as part of the primary freight net- forecasting, environmental review, prelimi- ‘‘(D) highway safety improvements for seg- work by not more than 3,000 additional cen- nary engineering and design work, and other ments of the Interstate System; terline miles of roadways (which may in- preconstruction activities. ‘‘(E) transportation planning in accordance clude existing or planned roads) critical to ‘‘(B) Construction, reconstruction, reha- with sections 134 and 135; future efficient movement of goods on the bilitation, acquisition of real property (in- ‘‘(F) the costs of conducting analysis and primary freight network. cluding land relating to the project and im- data collection to comply with this section; ‘‘(3) REDESIGNATION OF PRIMARY FREIGHT provements to land), construction contin- ‘‘(G) truck parking facilities eligible for NETWORK.—During calendar year 2015 and gencies, acquisition of equipment, and oper- funding under section 1401 of the MAP–21; every 10 years thereafter, using the designa- ational improvements directly relating to ‘‘(H) infrastructure-based intelligent trans- tion factors described in paragraph (1), the improving system performance, including portation systems capital improvements; Secretary shall redesignate the primary but not limited to any segment of the pri- ‘‘(I) environmental restoration and pollu- freight network (including additional mile- mary freight network that falls below the tion abatement in accordance with section age described in subsection (f)(2)). minimum level established pursuant to sec- 328; and ‘‘(g) CRITICAL RURAL FREIGHT CORRIDORS.— tion 119(f). ‘‘(J) in accordance with all applicable Fed- A State may designate a road within the bor- ‘‘(C) Intelligent transportation systems eral law (including regulations), participa- ders of the State as a critical rural freight corridor if the road— and other technology to improve the flow of tion in natural habitat and wetlands mitiga- ‘‘(1) is a rural principal arterial roadway freight. tion efforts relating to projects funded under and has a minimum of 25 percent of the an- ‘‘(D) Efforts to reduce the environmental this title, which may include participation nual average daily traffic of the road meas- impacts of freight movement on the national in natural habitat and wetlands mitigation ured in passenger vehicle equivalent units freight network. banks, contributions to statewide and re- from trucks (FHWA vehicle class 8 to 13); or ‘‘(E) Environmental mitigation. gional efforts to conserve, restore, enhance, ‘‘(2) connects the primary freight ønet- ‘‘(F) Railway-highway grade separation. and create natural habitats and wetlands, work¿ network, a roadway described in para- ‘‘(G) Geometric improvements to inter- and development of statewide and regional graph (1), or Interstate System to facilities changes and ramps. natural habitat and wetlands conservation that handle more than— ‘‘(H) Truck-only lanes. and mitigation plans, including any such ‘‘(I) Climbing and runaway truck lanes. ‘‘(A) 50,000 20-foot equivalent units per banks, efforts, and plans developed in ac- ‘‘(J) Adding or widening of shoulders. year; or cordance with applicable Federal law (in- ‘‘(K) Truck parking facilities eligible for ‘‘(B) 500,000 tons per year of bulk commod- cluding regulations), on the conditions funding under section 1401 of the MAP–21. ities. that— ‘‘(L) Real-time traffic, truck parking, ‘‘(h) NATIONAL FREIGHT STRATEGIC PLAN.— ‘‘(i) contributions to those mitigation ef- roadway condition, and multimodal trans- ‘‘(1) INITIAL DEVELOPMENT OF NATIONAL forts may— portation information systems. FREIGHT STRATEGIC PLAN.—Not later than 3 ‘‘(I) take place concurrent with or in ad- ‘‘(M) Electronic screening and years after the date of enactment of this sec- vance of project construction; and credentialing systems for vehicles, including tion, the Secretary shall, in consultation ‘‘(II) occur in advance of project construc- weigh-in-motion truck inspection tech- with appropriate public and private trans- nologies. tion only if the efforts are consistent with portation stakeholders, develop and post on ‘‘(N) Traffic signal optimization including all applicable requirements of Federal law the Department of Transportation public synchronized and adaptive signals. (including regulations) and State transpor- website a national freight strategic plan that ‘‘(O) Work zone management and informa- tation planning processes; and shall include— tion systems. ‘‘(ii) with respect to participation in a nat- ‘‘(A) an assessment of the condition and ‘‘(P) Highway ramp metering. ural habitat or wetland mitigation effort re- performance of the national freight network; ‘‘(Q) Electronic cargo and border security lating to a project funded under this title ‘‘(B) an identification of highway bottle- technologies that improve truck freight that has an impact that occurs within the necks on the national freight network that movement. service area of a mitigation bank, preference create significant freight congestion prob- ‘‘(R) Intelligent transportation systems is given, to the maximum extent practicable, lems; that would increase truck freight efficiencies to the use of the mitigation bank if the bank ‘‘(C) forecasts of freight volumes for the 20- inside the boundaries of intermodal facili- contains sufficient available credits to offset year period beginning in the year during ties. the impact and the bank is approved in ac- which the plan is issued; ‘‘(S) Any other activities to improve the cordance with applicable Federal law (in- ‘‘(D) an identification of major trade gate- flow of freight on the national freight net- cluding regulations). ways and national freight corridors that con- work. ‘‘(f) DESIGNATION OF PRIMARY FREIGHT NET- nect major population centers, trade gate- ‘‘(4) OTHER ELIGIBLE COSTS.—In addition to WORK.— ways, and other major freight generators for eligible project costs, a State may use funds ‘‘(1) INITIAL DESIGNATION OF PRIMARY current and forecasted traffic and freight apportioned under section 104(b)(5) for the FREIGHT NETWORK.— volumes, the identification of which shall be necessary costs of conducting analyses and ‘‘(A) DESIGNATION.—Not later than 1 year revised, as appropriate, in subsequent plans; data collection to comply with subsection (i) after the date of enactment of this section, ‘‘(E) an assessment of statutory, regu- or diesel retrofits or alternative fuel projects the Secretary shall designate a primary latory, technological, institutional, finan- defined under section 149 for class 8 vehicles. freight network— cial, and other barriers to improved freight ‘‘(5) ELIGIBLE PROJECT COSTS PRIOR TO DES- ‘‘(i) based on an inventory of national transportation performance (including op- IGNATION OF THE PRIMARY FREIGHT NET- freight volume conducted by the Adminis- portunities for overcoming the barriers); WORK.—Prior to the date of designation of trator of the Federal Highway Administra- ‘‘(F) best practices for improving the per- the primary freight network, a State may tion, in consultation with stakeholders, in- formance of the national freight network; obligate funds apportioned to the State cluding system users øand transport pro- ‘‘(G) best practices to mitigate the impacts under section 104(b)(5) to improve freight viders¿, transport providers, and States; and of freight movement on communities; movement on the Interstate System for— ‘‘(ii) that shall be comprised of not more ‘‘(H) a process for addressing multistate ‘‘(A) construction, reconstruction, resur- than 27,000 centerline miles of existing road- projects and encouraging jurisdictions to facing, restoration, and rehabilitation of seg- ways that are most critical to the movement collaborate; and ments of the Interstate System; of freight. ‘‘(I) strategies to improve maritime, ‘‘(B) operational improvements for seg- ‘‘(B) FACTORS FOR DESIGNATION.—In desig- freight rail, and freight intermodal ments of the Interstate System; nating the primary freight network, the Sec- connectivity. ‘‘(C) construction of, and operational im- retary shall consider— ‘‘(2) UPDATES TO NATIONAL FREIGHT STRA- provements for, a Federal-aid highway not ‘‘(i) the origins and destinations of freight TEGIC PLAN.—Not later than 5 years after the on the Interstate System, and construction movement in the United States; date of completion of the first national of a transit project eligible for assistance ‘‘(ii) the total freight tonnage moved by all freight strategic plan under paragraph (1), under chapter 53 of title 49, United States modes of transportation; and every 5 years thereafter, the Secretary Code, if— ‘‘(iii) the percentage of annual average shall update and repost on the Department ‘‘(i) the highway or transit project is in the daily truck traffic in the annual average of Transportation public website a revised same corridor as, and in proximity to a high- daily traffic on principal arterials; national freight strategic plan.

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‘‘(i) FREIGHT PERFORMANCE TARGETS.— ‘‘(iii) other elements to assist in effective ment of this section under the Federal lands ‘‘(1) RULEMAKING.—Not later than 2 years transportation planning; transportation program, the Federal lands after the date of enactment of this section, ‘‘(B) identify transportation-related model access program, and the tribal transpor- the Secretary, in consultation with State de- data elements to support a broad range of tation program shall be considered to have partments of transportation and other ap- evaluation methods and techniques to assist been expended if a sum equal to the total of propriate public and private transportation in making transportation investment deci- the sums authorized for the fiscal year and stakeholders, shall publish a rulemaking sions; and previous fiscal years have been obligated. that establishes øquantifiable¿ performance ‘‘(C) at a minimum, in consultation with ‘‘(B) CREDITED FUNDS.—Any funds described measures for freight movement on the pri- other relevant Federal agencies, consider in subparagraph (A) that are released by pay- mary freight network. any improvements to existing freight flow ment of final voucher or modification of ‘‘(2) STATE TARGETS AND REPORTING.—Not data collection efforts that could reduce project authorizations shall be— later than 1 year after the date on which the identified freight data gaps and deficiencies ‘‘(i) credited to the balance of unobligated Secretary publishes the rulemaking under and help improve forecasts of freight trans- authorizations; and paragraph (1), each State shall— portation demand. ‘‘(ii) immediately available for expendi- ‘‘(A) develop and periodically update State ‘‘(2) CONSULTATION.—The Secretary shall ture. performance targets for freight movement consult with Federal, State, and other stake- ‘‘(5) APPLICABILITY.—This section shall not on the primary freight network— holders to develop, improve, and implement apply to funds authorized before the date of ‘‘(i) in consultation with appropriate pub- the tools and collect the data in paragraph enactment of this paragraph. lic and private stakeholders; and (1). ‘‘(6) CONTRACTUAL OBLIGATION.— ‘‘(ii) using measures determined by the ‘‘(l) DEFINITION OF AEROTROPOLIS TRANS- ‘‘(A) IN GENERAL.—Notwithstanding any Secretary; and PORTATION SYSTEM.—For the purposes of this other provision of law (including regula- ‘‘(B) for every 2-year period, submit to the section, the term ‘aerotropolis transpor- tions), the authorization by the Secretary, Secretary a report that contains a descrip- tation system’ means a planned and coordi- or the Secretary of the appropriate Federal tion of— nated multimodal freight and passenger land management agency if the agency is the ‘‘(i) the progress of the State toward meet- transportation network that, as determined contracting office, of engineering and related ing the targets; and by the Secretary, provides efficient, cost-ef- work for the development, design, and acqui- ‘‘(ii) the ways in which the State is ad- fective, sustainable, and intermodal sition associated with a construction dressing congestion at freight bottlenecks connectivity to a defined region of economic project, whether performed by contract or within the State. significance centered around a major air- agreement authorized by law, or the ap- ‘‘(3) COMPLIANCE.— port. proval by the Secretary of plans, specifica- ‘‘(A) PERFORMANCE TARGETS.—To obligate ‘‘(m) TREATMENT OF PROJECTS.—Notwith- tions, and estimates for construction of a funding apportioned under section 104(b)(5), standing any other provision of law, projects project, shall be considered to constitute a each State shall develop performance targets funded under this section shall be treated as contractual obligation of the Federal Gov- in accordance with paragraph (2). projects on a Federal-aid øsystem¿ highway ernment to pay the total eligible cost of— ‘‘(B) DETERMINATION OF SECRETARY.—If the under this chapter.’’. ‘‘(i) any project funded under this title; Secretary determines that a State has not (b) CONFORMING AMENDMENT.—The analysis and met or made significant progress toward for chapter 1 of title 23, United States Code, ‘‘(ii) any project funded pursuant to agree- meeting the performance targets of the is amended by adding at the end the fol- ments authorized by this title or any other State by the date that is 2 years after the lowing: title. date of establishment of the performance ‘‘167. National freight program.’’. ‘‘(B) EFFECT.—Nothing in this paragraph— targets, until the date on which the Sec- SEC. 1116. FEDERAL LANDS AND TRIBAL TRANS- ‘‘(i) affects the application of the Federal retary determines that the State has met (or PORTATION PROGRAMS. share associated with the project being un- has made significant progress towards meet- (a) IN GENERAL.—Chapter 2 of title 23, dertaken under this section; or ing) the State performance targets, the United States Code, is amended by striking ‘‘(ii) modifies the point of obligation asso- State shall submit to the Secretary, on a bi- sections 201 through 204 and inserting the ciated with Federal salaries and expenses. ennial basis, a freight performance improve- following: ‘‘(7) FEDERAL SHARE.— ment plan that includes— ‘‘§ 201. Federal lands and tribal transpor- ‘‘(A) TRIBAL AND FEDERAL LANDS TRANSPOR- ‘‘(i) an identification of significant freight tation programs TATION PROGRAM.—The Federal share of the system trends, needs, and issues within the ‘‘(a) PURPOSE.—Recognizing the need for cost of a project carried out under the Fed- State; all public Federal and tribal transportation eral lands transportation program or the ‘‘(ii) a description of the freight policies facilities to be treated under uniform poli- tribal transportation program shall be 100 and strategies that will guide the freight-re- cies similar to the policies that apply to percent. lated transportation investments of the Federal-aid highways and other public trans- ‘‘(B) FEDERAL LANDS ACCESS PROGRAM.— State; portation facilities, the Secretary of Trans- The Federal share of the cost of a project ‘‘(iii) an inventory of freight bottlenecks portation, in collaboration with the Secre- carried out under the Federal lands access within the State and a description of the taries of the appropriate Federal land man- program shall be determined in accordance ways in which the State is allocating funds agement agencies, shall coordinate a uni- with section 120. to improve those bottlenecks; and form policy for all public Federal and tribal ‘‘(c) TRANSPORTATION PLANNING.— ‘‘(iv) a description of the actions the State transportation facilities that shall apply to ‘‘(1) TRANSPORTATION PLANNING PROCE- will undertake to meet the performance tar- Federal lands transportation facilities, trib- DURES.—In consultation with the Secretary gets of the State. al transportation facilities, and Federal of each appropriate Federal land manage- ‘‘(j) FREIGHT TRANSPORTATION CONDITIONS lands access transportation facilities. ment agency, the Secretary shall implement AND PERFORMANCE REPORTS.—Not later than ‘‘(b) AVAILABILITY OF FUNDS.— transportation planning procedures for Fed- 2 years after the date of enactment of this ‘‘(1) AVAILABILITY.—Funds authorized for eral lands and tribal transportation facilities section, and biennially thereafter, the Sec- the tribal transportation program, the Fed- that are consistent with the planning proc- retary shall prepare a report that contains a eral lands transportation program, and the esses required under sections 134 and 135. description of the conditions and perform- Federal lands access program shall be avail- ‘‘(2) APPROVAL OF TRANSPORTATION IM- ance of the national freight network in the able for contract upon apportionment, or on PROVEMENT PROGRAM.—The transportation United States. October 1 of the fiscal year for which the improvement program developed as a part of ‘‘(k) TRANSPORTATION INVESTMENT DATA funds were authorized if no apportionment is the transportation planning process under AND PLANNING TOOLS.— required. this section shall be approved by the Sec- ‘‘(1) IN GENERAL.—Not later than 1 year ‘‘(2) AMOUNT REMAINING.—Any amount re- retary. after the date of enactment of this section, maining unexpended for a period of 3 years ‘‘(3) INCLUSION IN OTHER PLANS.—Each re- the Secretary shall— after the close of the fiscal year for which gionally significant tribal transportation ‘‘(A) begin development of new tools and the funds were authorized shall lapse. program, Federal lands transportation pro- improvement of existing tools or improve ex- ‘‘(3) OBLIGATIONS.—The Secretary of the gram, and Federal lands access program isting tools to support an outcome-oriented, department responsible for the administra- project shall be— performance-based approach to evaluate pro- tion of funds under this subsection may ‘‘(A) developed in cooperation with State posed freight-related and other transpor- incur obligations, approve projects, and and metropolitan planning organizations; tation projects, including— enter into contracts under such authoriza- and ‘‘(i) methodologies for systematic analysis tions, which shall be considered to be con- ‘‘(B) included in appropriate tribal trans- of benefits and costs; tractual obligations of the United States for portation program plans, Federal lands ‘‘(ii) tools for ensuring that the evaluation the payment of the cost thereof, the funds of transportation program plans, Federal lands of freight-related and other transportation which shall be considered to have been ex- access program plans, State and metropoli- projects could consider safety, economic pended when obligated. tan plans, and transportation improvement competitiveness, environmental sustain- ‘‘(4) EXPENDITURE.— programs. ability, and system condition in the project ‘‘(A) IN GENERAL.—Any funds authorized ‘‘(4) INCLUSION IN STATE PROGRAMS.—The selection process; and for any fiscal year after the date of enact- approved tribal transportation program,

VerDate Mar 15 2010 05:24 Jun 04, 2013 Jkt 099060 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 J:\CRONLINE\2000-THRU-2012-ONLINE-CORRECTIONS\2012 RECORD ONLINE CORREC bjneal on DSK2TWX8P1PROD with February 9, 2012 CONGRESSIONAL RECORD — SENATE S443 Federal lands transportation program, and ‘‘(iii) interpretive signage; fairs road maintenance programs on Indian Federal lands access program transportation ‘‘(iv) acquisition of necessary scenic ease- reservations. improvement programs shall be included in ments and scenic or historic sites; ‘‘(ii) SECRETARY OF THE INTERIOR.—The appropriate State and metropolitan planning ‘‘(v) provisions for pedestrians and bicy- Secretary of the Interior shall ensure that organization plans and programs without cles; funding made available under this subsection further action on the transportation im- ‘‘(vi) environmental mitigation in or adja- for maintenance of tribal transportation fa- provement program. cent to tribal land— cilities for each fiscal year is supplementary ‘‘(5) ASSET MANAGEMENT.—The Secretary ‘‘(I) to improve public safety and reduce to, and not in lieu of, any obligation of funds and the Secretary of each appropriate Fed- vehicle-caused wildlife mortality while by the Bureau of Indian Affairs for road eral land management agency shall, to the maintaining habitat connectivity; and maintenance programs on Indian reserva- extent appropriate, implement safety, ‘‘(II) to mitigate the damage to wildlife, tions. bridge, pavement, and congestion manage- aquatic organism passage, habitat, and eco- ‘‘(C) TRIBAL-STATE ROAD MAINTENANCE ment systems for facilities funded under the system connectivity, including the costs of AGREEMENTS.— tribal transportation program and the Fed- constructing, maintaining, replacing, or re- ‘‘(i) IN GENERAL.—An Indian tribe and a eral lands transportation program in support moving culverts and bridges, as appropriate; State may enter into a road maintenance of asset management. ‘‘(vii) construction and reconstruction of agreement under which an Indian tribe shall ‘‘(6) DATA COLLECTION.— roadside rest areas, including sanitary and assume the responsibility of the State for— ‘‘(A) DATA COLLECTION.—The Secretaries of water facilities; and ‘‘(I) tribal transportation facilities; and ‘‘(II) roads providing access to tribal trans- the appropriate Federal land management ‘‘(viii) other appropriate public road facili- portation facilities. agencies shall collect and report data nec- ties as determined by the Secretary; ‘‘(ii) REQUIREMENTS.—Agreements entered essary to implement the Federal lands trans- ‘‘(B) operation and maintenance of transit into under clause (i) shall— portation program, the Federal lands access programs and facilities that are located on, ‘‘(I) be negotiated between the State and program, and the tribal transportation pro- or provide access to, tribal land, or are ad- the Indian tribe; and gram, including— ministered by a tribal government; and ‘‘(II) not require the approval of the Sec- ‘‘(i) inventory and condition information ‘‘(C) any transportation project eligible for retary. on Federal lands transportation facilities assistance under this title that is located ‘‘(8) COOPERATION.— and tribal transportation facilities; and within, or that provides access to, tribal ‘‘(ii) bridge inspection and inventory infor- ‘‘(A) IN GENERAL.—The cooperation of land, or is associated with a tribal govern- States, counties, or other local subdivisions mation on any Federal bridge open to the ment. public. may be accepted in construction and im- ‘‘(2) CONTRACT.—In connection with an ac- provement. ‘‘(B) STANDARDS.—The Secretary, in co- tivity described in paragraph (1), the Sec- ‘‘(B) FUNDS RECEIVED.—Any funds received ordination with the Secretaries of the appro- retary and the Secretary of the Interior may priate Federal land management agencies, from a State, county, or local subdivision enter into a contract or other appropriate shall be credited to appropriations available shall define the collection and reporting data agreement with respect to the activity standards. for the tribal transportation program. with— ‘‘(9) COMPETITIVE BIDDING.— ‘‘(7) ADMINISTRATIVE EXPENSES.—To imple- ‘‘(A) a State (including a political subdivi- ‘‘(A) CONSTRUCTION.— ment the activities described in this sub- sion of a State); or ‘‘(i) IN GENERAL.—Subject to clause (ii) and section, including direct support of transpor- ‘‘(B) an Indian tribe. subparagraph (B), construction of each tation planning activities among Federal ‘‘(3) INDIAN LABOR.—Indian labor may be project shall be performed by contract land management agencies, the Secretary employed, in accordance with such rules and awarded by competitive bidding. may use not more than 5 percent for each fis- regulations as may be promulgated by the ‘‘(ii) EXCEPTION.—Clause (i) shall not apply cal year of the funds authorized for programs Secretary of the Interior, to carry out any if the Secretary or the Secretary of the Inte- under sections 203 and 204. construction or other activity described in rior affirmatively finds that, under the cir- ‘‘(d) REIMBURSABLE AGREEMENTS.—In car- paragraph (1). cumstances relating to the project, a dif- rying out work under reimbursable agree- ‘‘(4) FEDERAL EMPLOYMENT.—No maximum ferent method is in the public interest. ments with any State, local, or tribal gov- limitation on Federal employment shall be ‘‘(B) APPLICABILITY.—Notwithstanding sub- ernment under this title, the Secretary— applicable to the construction or improve- paragraph (A), section 23 of the Act of June ‘‘(1) may, without regard to any other pro- ment of tribal transportation facilities. 25, 1910 (25 U.S.C. 47) and section 7(b) of the vision of law (including regulations), record ‘‘(5) FUNDS FOR CONSTRUCTION AND IMPROVE- Indian Self-Determination and Education obligations against accounts receivable from MENT.—All funds made available for the con- Assistance Act (25 U.S.C. 450e(b)) shall apply the entity; and struction and improvement of tribal trans- to all funds administered by the Secretary of ‘‘(2) shall credit amounts received from the portation facilities shall be administered in the Interior that are appropriated for the entity to the appropriate account, which conformity with regulations and agreements construction and improvement of tribal shall occur not later than 90 days after the jointly approved by the Secretary and the transportation facilities. date of the original request by the Secretary Secretary of the Interior. ‘‘(b) FUNDS DISTRIBUTION.— for payment. ‘‘(6) ADMINISTRATIVE EXPENSES.— ‘‘(1) NATIONAL TRIBAL TRANSPORTATION FA- ‘‘(e) TRANSFERS.— ‘‘(A) IN GENERAL.—Of the funds authorized CILITY INVENTORY.— ‘‘(1) IN GENERAL.—To enable the efficient to be appropriated for the tribal transpor- ‘‘(A) IN GENERAL.—The Secretary of the In- use of funds made available for the Federal tation program, not more than 6 percent terior, in cooperation with the Secretary, lands transportation program and the Fed- may be used by the Secretary or the Sec- shall maintain a comprehensive national in- eral lands access program, the funds may be retary of the Interior for program manage- ventory of tribal transportation facilities transferred by the Secretary within and be- ment and oversight and project-related ad- that are eligible for assistance under the tween each program with the concurrence of, ministrative expenses. tribal transportation program. as appropriate— ‘‘(B) RESERVATION OF FUNDS.—The Sec- ‘‘(B) TRANSPORTATION FACILITIES INCLUDED ‘‘(A) the Secretary; retary of the Interior may reserve amounts IN THE INVENTORY.—For purposes of identi- ‘‘(B) the affected Secretaries of the respec- from administrative funds of the Bureau of fying the tribal transportation system and tive Federal land management agencies; Indian Affairs that are associated with the determining the relative transportation ‘‘(C) State departments of transportation; tribal transportation program to fund tribal needs among Indian tribes, the Secretary and technical assistance centers under section shall include, at a minimum, transportation ‘‘(D) local government agencies. 504(b). facilities that are eligible for assistance ‘‘(2) CREDIT.—The funds described in para- ‘‘(7) MAINTENANCE.— under the tribal transportation program that graph (1) shall be credited back to the loan- ‘‘(A) USE OF FUNDS.—Notwithstanding any an Indian tribe has requested, including fa- ing entity with funds that are currently other provision of this title, of the amount of cilities that— available for obligation at the time of the funds allocated to an Indian tribe from the ‘‘(i) were included in the Bureau of Indian credit. tribal transportation program, for the pur- Affairs system inventory prior to October 1, ‘‘§ 202. Tribal transportation program pose of maintenance (excluding road sealing, 2004; ‘‘(a) USE OF FUNDS.— which shall not be subject to any limita- ‘‘(ii) are owned by an Indian tribal govern- ‘‘(1) IN GENERAL.—Funds made available tion), the Secretary shall not use an amount ment; under the tribal transportation program more than the greater of— ‘‘(iii) are owned by the Bureau of Indian shall be used by the Secretary of Transpor- ‘‘(i) an amount equal to 25 percent; or Affairs; tation and the Secretary of the Interior to ‘‘(ii) $500,000. ‘‘(iv) were constructed or reconstructed pay the costs of— ‘‘(B) RESPONSIBILITY OF BUREAU OF INDIAN with funds from the Highway Account of the ‘‘(A)(i) transportation planning, research, AFFAIRS AND SECRETARY OF THE INTERIOR.— Transportation Trust Fund under the Indian maintenance, engineering, rehabilitation, ‘‘(i) BUREAU OF INDIAN AFFAIRS.—The Bu- reservation roads program since 1983; restoration, construction, and reconstruc- reau of Indian Affairs shall retain primary ‘‘(v) are public roads or bridges within the tion of tribal transportation facilities; responsibility, including annual funding re- exterior boundary of Indian reservations, ‘‘(ii) adjacent vehicular parking areas; quest responsibility, for Bureau of Indian Af- Alaska Native villages, and other recognized

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Indian communities (including communities 1996 (25 U.S.C. 4101 et seq.), in the following ‘‘(II) DISTRIBUTION WITHIN A REGION.—Of the in former Indian reservations in the State of manner: amount that a region receives under sub- Oklahoma) in which the majority of resi- ‘‘(i) 20 percent in the ratio that the total clause (I), the Secretary shall distribute dents are American Indians or Alaska Na- eligible lane mileage in each tribe bears to tribal supplemental funding among Indian tives; øor¿ the total eligible lane mileage of all Amer- tribes within such region as follows: ‘‘(vi) are public roads within or providing ac- ican Indians and Alaskan Natives. For the ‘‘(aa) TRIBAL SUPPLEMENTAL AMOUNTS.— cess to an Indian reservation or Indian trust purposes of this calculation— The Secretary shall determine— land or restricted Indian land that is not subject ‘‘(I) eligible lane mileage shall be com- ‘‘(AA) which such Indian tribes would be to fee title alienation without the approval of puted based on the inventory described in entitled under subparagraph (A) to receive in the Federal Government, or Indian or Alaska paragraph (1), using only facilities included a fiscal year less funding than they would re- Native villages, groups, or communities in which in the inventory described in clause (i), (ii), ceive in fiscal year 2011 pursuant to the Trib- Indians and Alaska Natives reside, whom the or (iii) of paragraph (1)(B); and al Transportation Allocation Methodology Secretary of the Interior has determined are eli- ‘‘(II) paved roads and gravel surfaced roads described in subpart C of part 170 of title 25, gible for services generally available to Indians are deemed to equal 2 lane miles per mile of Code of Federal Regulations (as in effect on under Federal laws specifically applicable to In- inventory, and earth surfaced roads and un- dians; or the date of enactment of the MAP–21); and improved roads shall be deemed to equal 1 ‘‘ø(vi)¿(vii) are primary access routes pro- ‘‘(BB) the combined amount that such In- lane mile per mile of inventory. posed by tribal governments, including roads dian tribes would be entitled to receive in ‘‘(ii) 40 percent in the ratio that the total between villages, roads to landfills, roads to fiscal year 2011 pursuant to such Tribal population in each tribe bears to the total drinking water sources, roads to natural re- Transportation Allocation Methodology in sources identified for economic development, population of all American Indians and Alas- excess of the amount that they would be en- and roads that provide access to intermodal kan Natives. titled to receive in the fiscal year under sub- terminals, such as airports, harbors, or boat ‘‘(iii) 40 percent shall be divided equally paragraph (B); and landings. among each Bureau of Indian Affairs region ‘‘(bb) Subject to subclause (III), distribute ‘‘(C) LIMITATION ON PRIMARY ACCESS for distribution of tribal shares as follows: to each Indian tribe that meets the criteria 1 ROUTES.—For purposes of this paragraph, a ‘‘(I) ⁄4 of 1 percent shall be distributed described in item (aa)(AA) a share of funding proposed primary access route is the short- equally among Indian tribes with popu- under this subparagraph in proportion to the est practicable route connecting 2 points of lations of 1 to 25. share of the combined amount determined the proposed route. ‘‘(II) 3⁄4 of 1 percent shall be distributed under item (aa)(BB) attributable to such In- ‘‘(D) ADDITIONAL FACILITIES.—Nothing in equally among Indian tribes with popu- dian tribe. this paragraph precludes the Secretary from lations of 26 to 100. ‘‘(III) CEILING.—An Indian tribe may not including additional transportation facilities ‘‘(III) 33⁄4 percent shall be distributed receive under subclause (II) and based on its that are eligible for funding under the tribal equally among Indian tribes with popu- tribal share under subparagraph (A) a com- transportation program in the inventory lations of 101 to 1,000. bined amount that exceeds the amount that used for the national funding allocation if ‘‘(IV) 20 percent shall be distributed equal- such Indian tribe would be entitled to re- such additional facilities are included in the ly among Indian tribes with populations of ceive in fiscal year 2011 pursuant to the Trib- inventory in a uniform and consistent man- 1,001 to 10,000. al Transportation Allocation Methodology 3 ner nationally. ‘‘(V) 74 ⁄4 percent shall be distributed described in subpart C of part 170 of title 25, ‘‘(E) BRIDGES.—All bridges in the inventory equally among Indian tribes with popu- Code of Federal Regulations (as in effect on shall be recorded in the national bridge in- lations of 10,001 to 60,000 where 3 or more In- the date of enactment of the MAP–21). dian tribes occupy this category in a single ventory administered by the Secretary under ‘‘(IV) OTHER AMOUNTS.—If the amount section 144. Bureau of Indian Affairs region, and Bureau made available for a region under subclause of Indian Affairs regions containing less than ‘‘(2) REGULATIONS.—Notwithstanding sec- (I) exceeds the amount distributed among In- 3 Indian tribes in this category shall receive tions 563(a) and 565(a) of title 5, the Sec- dian tribes within that region under sub- funding in accordance with subclause (IV) retary of the Interior shall maintain any clause (II), the Secretary shall distribute the and clause (iv). regulations governing the tribal transpor- remainder of such region’s funding under ‘‘(VI) 1⁄2 of 1 percent shall be distributed tation program. such subclause among all Indian tribes in equally among Indian tribes with popu- ‘‘(3) BASIS FOR FUNDING FORMULA.— that region in proportion to the combined lations of 60,001 or more. ‘‘(A) BASIS.— amount that each such Indian tribe received ‘‘(iv) For a Bureau of Indian Affairs region ‘‘(i) IN GENERAL.—After making the set under subparagraph (A) and subclauses (I), asides authorized under subsections (a)(6), that has no Indian tribes meeting the popu- (II), and (III). (c), (d), and (e) on October 1 of each fiscal lation criteria under 1 or more of subclauses ‘‘(4) TRANSFERRED FUNDS.— year, the Secretary shall distribute the re- (I) through (VI) of clause (iii), the region ‘‘(A) IN GENERAL.—Not later than 30 days mainder authorized to be appropriated for shall redistribute any funds subject to such after the date on which funds are made avail- the tribal transportation program under this clause or clauses among any such clauses for able to the Secretary of the Interior under section among Indian tribes as follows: which the region has Indian tribes meeting this paragraph, the funds shall be distributed ‘‘(I) For fiscal year 2012— such criteria proportionally in accordance to, and made available for immediate use by, ø‘‘(aa) 50 percent, equal to the ratio that with the percentages listed in such clauses eligible Indian tribes, in accordance with the the amount allocated to each tribe for fiscal until such funds are completely distributed. formula for distribution of funds under the year 2011 bears to the total amount allocated ‘‘(C) TRIBAL SUPPLEMENTAL FUNDING.— tribal transportation program. to all tribes for that fiscal year; and¿ ‘‘(i) TRIBAL SUPPLEMENTAL FUNDING ‘‘(aa) 50 percent, equal to the ratio that the AMOUNT.—Of funds made available for each ‘‘(B) USE OF FUNDS.—Notwithstanding any amount allocated to each tribe as a tribal share fiscal year for the tribal transportation pro- other provision of this section, funds made for fiscal year 2011 bears to the total tribal share gram, the Secretary shall set aside the fol- available to Indian tribes for tribal transpor- amount allocated to all tribes for that fiscal lowing amount for a tribal supplemental pro- tation facilities shall be expended on year; and gram: projects identified in a transportation im- ‘‘(bb) the remainder using tribal shares as ‘‘(I) If the amount made available for the provement program approved by the Sec- described in subparagraphs (B) and (C). tribal transportation program is less than or retary. ‘‘(II) For fiscal year 2013 and thereafter, equal to $275,000,000, 10 percent of such ‘‘(5) HEALTH AND SAFETY ASSURANCES.— using tribal shares as described in subpara- amount. Notwithstanding any other provision of law, graphs (B) and (C). ‘‘(II) If the amount made available for the an Indian tribal government may approve ‘‘(ii) TRIBAL HIGH PRIORITY PROJECTS.—The tribal transportation program exceeds plans, specifications, and estimates and com- High Priority Projects program as included $275,000,000— mence road and bridge construction with in the Tribal Transportation Allocation ‘‘(aa) $27,500,000; plus funds made available from the tribal trans- Methodology of part 170 of title 25, Code of ‘‘(bb) 12.5 percent of the amount made portation program through a contract or Federal Regulations (as in effect on the date available for the tribal transportation pro- agreement under Indian Self-Determination of enactment of the MAP–21), shall not con- gram in excess of $275,000,000. and Education Assistance Act (25 U.S.C. 450 tinue in effect. ‘‘(ii) TRIBAL SUPPLEMENTAL ALLOCATION.— et seq.), if the Indian tribal government— ‘‘(B) TRIBAL SHARES.—Tribal shares under The Secretary shall distribute tribal supple- ‘‘(A) provides assurances in the contract or this program shall be determined using the mental funds as follows: agreement that the construction will meet national tribal transportation facility inven- ‘‘(I) DISTRIBUTION AMONG REGIONS.—Of the or exceed applicable health and safety stand- tory as calculated for fiscal year 2012, and amounts set aside under clause (i), the Sec- ards; the most recent data on American Indian retary shall distribute to each region of the ‘‘(B) obtains the advance review of the and Alaska Native population within each Bureau of Indian Affairs a share of tribal plans and specifications from a State-li- Indian tribe’s American Indian/Alaska Na- supplemental funds in proportion to the re- censed civil engineer that has certified that tive Reservation or Statistical Area, as com- gional total of tribal shares based on the cu- the plans and specifications meet or exceed puted under the Native American Housing mulative tribal shares of all Indian tribes the applicable health and safety standards; Assistance and Self-Determination Act of within such region under subparagraph (B). and

VerDate Mar 15 2010 05:24 Jun 04, 2013 Jkt 099060 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 J:\CRONLINE\2000-THRU-2012-ONLINE-CORRECTIONS\2012 RECORD ONLINE CORREC bjneal on DSK2TWX8P1PROD with February 9, 2012 CONGRESSIONAL RECORD — SENATE S445 ‘‘(C) provides a copy of the certification project under subparagraph (A) shall equal tion and Education Assistance Act (25 U.S.C. under subparagraph (A) to the Deputy As- the sum of the funding that the Indian tribal 450 et seq.). sistant Secretary for Tribal Government Af- government would otherwise receive for the ‘‘(2) REQUIREMENT.—An Indian tribal gov- fairs, Department of Transportation, or the program or project in accordance with the ernment, in cooperation with the Secretary Assistant Secretary for Indian Affairs, De- funding formula established under this sub- of the Interior and, as appropriate, with a partment of the Interior, as appropriate. section and such additional amounts as the State, local government, or metropolitan ‘‘(6) CONTRACTS AND AGREEMENTS WITH IN- Secretary determines equal the amounts planning organization, shall carry out a DIAN TRIBES.— that would have been withheld for the costs transportation planning process in accord- ‘‘(A) IN GENERAL.—Notwithstanding any of the Bureau of Indian Affairs for adminis- ance with section 201(c). other provision of law or any interagency tration of the program or project. ‘‘(3) SELECTION AND APPROVAL OF agreement, program guideline, manual, or ‘‘(F) ELIGIBILITY.— PROJECTS.—A project funded under this sec- policy directive, all funds made available ‘‘(i) IN GENERAL.—Subject to clause (ii) and tion shall be— through the Secretary of the Interior under the approval of the Secretary, funds may be ‘‘(A) selected by the Indian tribal govern- this chapter and section 125(e) for tribal made available under subparagraph (A) to an ment from the transportation improvement transportation facilities to pay for the costs Indian tribal government for a program or program; and of programs, services, functions, and activi- project in a fiscal year only if the Indian ‘‘(B) subject to the approval of the Sec- ties, or portions of programs, services, func- tribal government requesting such funds retary of the Interior and the Secretary. tions, or activities, that are specifically or demonstrates to the satisfaction of the Sec- ‘‘(d) TRIBAL TRANSPORTATION FACILITY functionally related to the cost of planning, retary financial stability and financial man- BRIDGES.— research, engineering, and construction of agement capability during the 3 fiscal years ‘‘(1) NATIONWIDE PRIORITY PROGRAM.—The any tribal transportation facility shall be immediately preceding the fiscal year for Secretary shall maintain a nationwide pri- made available, upon request of the Indian which the request is being made. ority program for improving deficient tribal government, to the Indian tribal gov- ‘‘(ii) CONSIDERATIONS.—An Indian tribal bridges eligible for the tribal transportation ernment for contracts and agreements for government that had no uncorrected signifi- program. such planning, research, engineering, and cant and material audit exceptions in the re- ‘‘(2) FUNDING.—Before making any dis- construction in accordance with Indian Self- quired annual audit of the contracts or self- tribution under subsection (b), the Secretary Determination and Education Assistance Act governance funding agreements made by the shall set aside not more than 2 percent of the (25 U.S.C. 450 et seq.). Indian tribe with any Federal agency under funds made available under the tribal trans- XCLUSION OF AGENCY PARTICIPATION.— the Indian Self-Determination and Edu- ‘‘(B) E portation program for each fiscal year to be All funds, including contract support costs, cation Assistance Act (25 U.S.C. 450 et seq.) allocated— for programs, functions, services, or activi- during the 3-fiscal year period referred in ‘‘(A) to carry out any planning, design, en- ties, or portions of programs, services, func- clause (i) shall be conclusive evidence of the gineering, preconstruction, construction, tions, or activities, including supportive ad- financial stability and financial manage- and inspection of a project to replace, reha- ministrative functions that are otherwise ment capability of the Indian tribe for pur- bilitate, seismically retrofit, paint, apply contractible to which subparagraph (A) ap- poses of clause (i). calcium magnesium acetate, sodium acetate/ plies, shall be paid in accordance with sub- ‘‘(G) ASSUMPTION OF FUNCTIONS AND DU- formate, or other environmentally accept- paragraph (A), without regard to the organi- TIES.—An Indian tribal government receiving able, minimally corrosive anti-icing and de- zational level at which the Department of funding under subparagraph (A) for a pro- the Interior has previously carried out such gram or project shall assume all functions icing composition; or programs, functions, services, or activities. and duties that the Secretary of the Interior ‘‘(B) to implement any countermeasure for deficient tribal transportation facility ‘‘(7) CONTRACTS AND AGREEMENTS WITH IN- would have performed with respect to a pro- bridges, including multiple-pipe culverts. DIAN TRIBES.— gram or project under this chapter, other ‘‘(3) ELIGIBLE BRIDGES.—To be eligible to ‘‘(A) IN GENERAL.—Notwithstanding any than those functions and duties that inher- other provision of law or any interagency ently cannot be legally transferred under the receive funding under this subsection, a agreement, program guideline, manual, or Indian Self-Determination and Education bridge described in paragraph (1) shall— policy directive, all funds made available Assistance Act (25 U.S.C. 450 et seq.). ‘‘(A) have an opening of not less than 20 through the Secretary of the Interior to an ‘‘(H) POWERS.—An Indian tribal govern- feet; Indian tribal government under this chapter ment receiving funding under subparagraph ‘‘(B) be classified as a tribal transportation for a tribal transportation facility program (A) for a program or project shall have all facility; and or project shall be made available, on the re- powers that the Secretary of the Interior ‘‘(C) be structurally deficient or function- quest of the Indian tribal government, to the would have exercised in administering the ally obsolete. Indian tribal government for use in carrying funds transferred to the Indian tribal govern- ‘‘(4) APPROVAL REQUIREMENT.—The Sec- out, in accordance with the Indian Self-De- ment for such program or project under this retary may make funds available under this termination and Education Assistance Act section if the funds had not been transferred, subsection for preliminary engineering, con- (25 U.S.C. 450 et seq.), contracts and agree- except to the extent that such powers are struction, and construction engineering ac- ments for the planning, research, design, en- powers that inherently cannot be legally tivities after approval of required docu- gineering, construction, and maintenance re- transferred under the Indian Self-Determina- mentation and verification of eligibility in lating to the program or project. tion and Education Assistance Act (25 U.S.C. accordance with this title. ‘‘(B) EXCLUSION OF AGENCY PARTICIPATION.— 450 et seq.). ‘‘(e) SAFETY.— In accordance with subparagraph (A), all ‘‘(I) DISPUTE RESOLUTION.—In the event of a ‘‘(1) FUNDING.—Before making any dis- funds, including contract support costs, for a disagreement between the Secretary or the tribution under subsection (b), the Secretary program or project to which subparagraph Secretary of the Interior and an Indian tribe shall set aside not more than 2 percent of the (A) applies shall be paid to the Indian tribal over whether a particular function, duty, or funds made available under the tribal trans- government without regard to the organiza- power may be lawfully transferred to the In- portation program for each fiscal year to be tional level at which the Department of the dian tribe under the Indian Self-Determina- allocated based on an identification and Interior has previously carried out, or the tion and Education Assistance Act (25 U.S.C. analysis of highway safety issues and oppor- Department of Transportation has pre- 450 et seq.), the Indian tribe shall have the tunities on tribal land, as determined by the viously carried out under the tribal trans- right to pursue all alternative dispute reso- Secretary, on application of the Indian tribal portation program, the programs, functions, lution and appeal procedures authorized by governments for eligible projects described services, or activities involved. that Act, including regulations issued to in section 148(a)(4). ‘‘(C) CONSORTIA.—Two or more Indian carry out the Act. ‘‘(2) PROJECT SELECTION.—An Indian tribal tribes that are otherwise eligible to partici- ‘‘(J) TERMINATION OF CONTRACT OR AGREE- government, in cooperation with the Sec- pate in a program or project to which this MENT.—On the date of the termination of a retary of the Interior and, as appropriate, chapter applies may form a consortium to be contract or agreement under this section by with a State, local government, or metro- considered as a single Indian tribe for the an Indian tribal government, the Secretary politan planning organization, shall select purpose of participating in the project under shall transfer all funds that would have been projects from the transportation improve- this section. allocated to the Indian tribal government ment program, subject to the approval of the ‘‘(D) SECRETARY AS SIGNATORY.—Notwith- under the contract or agreement to the Sec- Secretary and the Secretary of the Interior. standing any other provision of law, the Sec- retary of the Interior to provide continued ‘‘(f) FEDERAL-AID ELIGIBLE PROJECTS.—Be- retary is authorized to enter into a funding transportation services in accordance with fore approving as a project on a tribal trans- agreement with an Indian tribal government applicable law. portation facility any project eligible for to carry out a tribal transportation facility ‘‘(c) PLANNING.— funds apportioned under section 104 in a program or project under subparagraph (A) ‘‘(1) IN GENERAL.—For each fiscal year, not State, the Secretary shall, for projects on that is located on an Indian reservation or more than 2 percent of the funds made avail- tribal transportation facilities, determine provides access to the reservation or a com- able for the tribal transportation program that the obligation of funds for the project is munity of the Indian tribe. shall be allocated among Indian tribal gov- supplementary to and not in lieu of the obli- ‘‘(E) FUNDING.—The amount an Indian trib- ernments that apply for transportation plan- gation of a fair and equitable share of funds al government receives for a program or ning pursuant to the Indian Self-Determina- apportioned to the State under section 104.

VerDate Mar 15 2010 05:24 Jun 04, 2013 Jkt 099060 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 J:\CRONLINE\2000-THRU-2012-ONLINE-CORRECTIONS\2012 RECORD ONLINE CORREC bjneal on DSK2TWX8P1PROD with S446 CONGRESSIONAL RECORD — SENATE February 9, 2012 ‘‘§ 203. Federal lands transportation program ‘‘(A) in consultation with the Secretaries limit of 30 miles per hour or greater and an of the applicable Federal land management adjacent paved path for use by bicycles with- ‘‘(a) USE OF FUNDS.— agencies; and in 100 yards of the road. ‘‘(1) IN GENERAL.—Funds made available ‘‘(B) in coordination with the transpor- ‘‘§ 204. Federal lands access program under the Federal lands transportation pro- tation plans required under section 201 of the gram shall be used by the Secretary of ‘‘(a) USE OF FUNDS.— respective transportation systems of— ‘‘(1) IN GENERAL.—Funds made available Transportation and the Secretary of the ap- ‘‘(i) the National Park Service; under the Federal lands access program shall propriate Federal land management agency ‘‘(ii) the Forest Service; be used by the Secretary of Transportation to pay the costs of— ‘‘(iii) the United States Fish and Wildlife and the Secretary of the appropriate Federal ‘‘(A) program administration, transpor- Service; land management agency to pay the cost tation planning, research, preventive main- ‘‘(iv) the Corps of Engineers; and of— tenance, engineering, rehabilitation, restora- ‘‘(v) the Bureau of Land Management. ‘‘(A) transportation planning, research, en- tion, construction, and reconstruction of ‘‘(2) APPLICATIONS.— gineering, preventive maintenance, rehabili- Federal lands transportation facilities, and— ‘‘(A) REQUIREMENTS.—Each application tation, restoration, construction, and recon- ‘‘(i) adjacent vehicular parking areas; submitted by a Federal land management struction of Federal lands access transpor- ‘‘(ii) acquisition of necessary scenic ease- agency shall include proposed programs at tation facilities located on or adjacent to, or ments and scenic or historic sites; various potential funding levels, as defined that provide access to, Federal land, and— ‘‘(iii) provision for pedestrians and bicy- by the Secretary following collaborative dis- ‘‘(i) adjacent vehicular parking areas; cles; cussions with applicable Federal land man- ‘‘(ii) acquisition of necessary scenic ease- ‘‘(iv) environmental mitigation in or adja- agement agencies. ments and scenic or historic sites; cent to Federal land open to the public— ‘‘(B) CONSIDERATION BY SECRETARY.—In ‘‘(iii) provisions for pedestrians and bicy- ‘‘(I) to improve public safety and reduce evaluating an application submitted under cles; vehicle-caused wildlife mortality while subparagraph (A), the Secretary shall con- ‘‘(iv) environmental mitigation in or adja- maintaining habitat connectivity; and sider the extent to which the programs sup- cent to Federal land— ‘‘(II) to mitigate the damage to wildlife, port— ‘‘(I) to improve public safety and reduce aquatic organism passage, habitat, and eco- ‘‘(i) the transportation goals of— vehicle-caused wildlife mortality while system connectivity, including the costs of ‘‘(I) a state of good repair of transportation maintaining habitat connectivity; and constructing, maintaining, replacing, or re- facilities; ‘‘(II) to mitigate the damage to wildlife, moving culverts and bridges, as appropriate; ‘‘(II) a reduction of bridge deficiencies, and aquatic organism passage, habitat, and eco- ‘‘(v) construction and reconstruction of ‘‘(III) an improvement of safety; system connectivity, including the costs of roadside rest areas, including sanitary and ‘‘(ii) high-use Federal recreational sites or constructing, maintaining, replacing, or re- water facilities; Federal economic generators; and moving culverts and bridges, as appropriate; ‘‘(vi) congestion mitigation; and ‘‘(iii) the resource and asset management ‘‘(v) construction and reconstruction of ‘‘(vii) other appropriate public road facili- goals of the Secretary of the respective Fed- roadside rest areas, including sanitary and ties, as determined by the Secretary; eral land management agency. water facilities; and ‘‘(B) operation and maintenance of transit ‘‘(C) PERMISSIVE CONTENTS.—Applications ‘‘(vi) other appropriate public road facili- facilities; and may include proposed programs the duration ties, as determined by the Secretary; ‘‘(C) any transportation project eligible for of which extend over a multiple-year period ‘‘(B) operation and maintenance of transit assistance under this title that is on a public to support long-term transportation plan- facilities; and road within or adjacent to, or that provides ning and resource management initiatives. ‘‘(C) any transportation project eligible for access to, Federal lands open to the public. ‘‘(c) NATIONAL FEDERAL LANDS TRANSPOR- assistance under this title that is within or TATION FACILITY INVENTORY.— ‘‘(2) CONTRACT.—In connection with an ac- adjacent to, or that provides access to, Fed- tivity described in paragraph (1), the Sec- ‘‘(1) IN GENERAL.—The Secretaries of the eral land. appropriate Federal land management agen- retary and the Secretary of the appropriate ‘‘(2) CONTRACT.—In connection with an ac- Federal land management agency may enter cies, in cooperation with the Secretary, shall tivity described in paragraph (1), the Sec- into a contract or other appropriate agree- maintain a comprehensive national inven- retary and the Secretary of the appropriate ment with respect to the activity with— tory of public Federal lands transportation Federal land management agency may enter ‘‘(A) a State (including a political subdivi- facilities. into a contract or other appropriate agree- sion of a State); or ‘‘(2) TRANSPORTATION FACILITIES INCLUDED ment with respect to the activity with— ‘‘(B) an Indian tribe. IN THE INVENTORIES.—To identify the Federal ‘‘(A) a State (including a political subdivi- lands transportation system and determine ‘‘(3) ADMINISTRATION.—All appropriations sion of a State); or for the construction and improvement of the relative transportation needs among ‘‘(B) an Indian tribe. Federal lands transportation facilities shall Federal land management agencies, the in- ‘‘(3) ADMINISTRATION.—All appropriations be administered in conformity with regula- ventories shall include, at a minimum, fa- for the construction and improvement of tions and agreements jointly approved by cilities that— Federal lands access transportation facilities the Secretary and the Secretary of the ap- ‘‘(A) provide access to high-use Federal shall be administered in conformity with propriate Federal land managing agency. recreation sites or Federal economic genera- regulations and agreements approved by the tors, as determined by the Secretary in co- ‘‘(4) COOPERATION.— Secretary. ordination with the respective Secretaries of ‘‘(A) IN GENERAL.—The cooperation of ‘‘(4) COOPERATION.— States, counties, or other local subdivisions the appropriate Federal land management ‘‘(A) IN GENERAL.—The cooperation of may be accepted in construction and im- agencies; and States, counties, or other local subdivisions provement. ‘‘(B) are owned by 1 of the following agen- may be accepted in construction and im- cies: ‘‘(B) FUNDS RECEIVED.—Any funds received provement. from a State, county, or local subdivision ‘‘(i) The National Park Service. ‘‘(B) FUNDS RECEIVED.—Any funds received shall be credited to appropriations available ‘‘(ii) The Forest Service. from a State, county, or local subdivision for for the class of Federal lands transportation ‘‘(iii) The United States Fish and Wildlife a Federal lands access transportation facil- facilities to which the funds were contrib- Service. ity project shall be credited to appropria- uted. ‘‘(iv) The Bureau of Land Management. tions available under the Federal lands ac- ‘‘(v) The Corps of Engineers. cess program. ‘‘(5) COMPETITIVE BIDDING.— ‘‘(3) AVAILABILITY.—The inventories shall ‘‘(5) COMPETITIVE BIDDING.— ‘‘(A) IN GENERAL.—Subject to subparagraph (B), construction of each project shall be per- be made available to the Secretary. ‘‘(A) IN GENERAL.—Subject to subparagraph PDATES (B), construction of each project shall be per- formed by contract awarded by competitive ‘‘(4) U .—The Secretaries of the ap- formed by contract awarded by competitive bidding. propriate Federal land management agencies shall update the inventories of the appro- bidding. ‘‘(B) EXCEPTION.—Subparagraph (A) shall ‘‘(B) EXCEPTION.—Subparagraph (A) shall not apply if the Secretary or the Secretary priate Federal land management agencies, as not apply if the Secretary or the Secretary of the appropriate Federal land management determined by the Secretary after collabo- of the appropriate Federal land management agency affirmatively finds that, under the rative discussions with the Secretaries of the agency affirmatively finds that, under the circumstances relating to the project, a dif- appropriate Federal land management agen- circumstances relating to the project, a dif- ferent method is in the public interest. cies. ‘‘(5) REVIEW.—A decision to add or remove ferent method is in the public interest. ‘‘(b) AGENCY PROGRAM DISTRIBUTIONS.— a facility from the inventory shall not be ‘‘(b) PROGRAM DISTRIBUTIONS.— ‘‘(1) IN GENERAL.—On October 1, 2011, and considered a Federal action for purposes of ‘‘(1) IN GENERAL.—Funding made available on October 1 of each fiscal year thereafter, review under the National Environmental to carry out the Federal lands access pro- the Secretary shall allocate the sums au- Policy Act of 1969 (42 U.S.C. 4321 et seq.). gram shall be allocated among those States thorized to be appropriated for the fiscal ‘‘(d) BICYCLE SAFETY.—The Secretary of that have Federal land, in accordance with year for the Federal lands transportation the appropriate Federal land management the following formula: program on the basis of applications of need, agency shall prohibit the use of bicycles on ‘‘(A) 80 percent of the available funding for as determined by the Secretary— each federally owned road that has a speed use in those States that contain at least 1 1⁄2

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percent of the total public land in the United (1) CHAPTER 2 ANALYSIS.—The analysis for ance with this section to provide grants for States managed by the agencies described in chapter 2 of title 23, United States Code, is projects of national and regional signifi- paragraph (2), to be distributed as follows: amended: cance. ‘‘(i) 30 percent in the ratio that— (A) By striking the items relating to sec- (b) PURPOSE OF PROGRAM.—The purpose of ‘‘(I) recreational visitation within each tions 201 through 204 and inserting the fol- the projects of national and regional signifi- such State; bears to lowing: cance program shall be to fund critical high- ‘‘(II) the recreational visitation within all ‘‘201. Federal lands and tribal transportation cost surface transportation infrastructure such States. programs. projects that are difficult to complete with ‘‘(ii) 5 percent in the ratio that— ‘‘202. Tribal transportation program. existing Federal, State, local, and private ‘‘(I) the Federal land area within each such ‘‘203. Federal lands transportation program. funds and that will— State; bears to ‘‘204. Federal lands access program.’’. (1) generate national and regional eco- ‘‘(II) the Federal land area in all such (B) By striking the item relating to section nomic benefits and increase global economic States. 214. competitiveness; ‘‘(iii) 55 percent in the ratio that— (2) DEFINITION.—Section 138(a) of title 23, (2) reduce congestion and its impacts; ‘‘(I) the Federal public road miles within United States Code, is amended in the third (3) improve roadways vital to national en- each such State; bears to sentence by striking ‘‘park road or parkway ergy security; ‘‘(II) the Federal public road miles in all under section 204 of this title’’ and inserting (4) improve movement of freight and peo- such States. ‘‘Federal lands transportation facility’’. ple; and ‘‘(iv) 10 percent in the ratio that— (3) RULES, REGULATIONS, AND RECOMMENDA- (5) improve transportation safety. TIONS.—Section 315 of title 23, United States ‘‘(I) the number of Federal public bridges (c) DEFINITIONS.—In this section: Code, is amended by striking ‘‘204(f)’’ and in- within each such State; bears to (1) ELIGIBLE APPLICANT.—The term ‘‘eligi- serting ‘‘202(a)(5), 203(a)(3),’’. ‘‘(II) the number of Federal public bridges ble applicant’’ means a State department of in all such States. SEC. 1117. ALASKA HIGHWAY. transportation or a group of State depart- Section 218 of title 23, United States Code, ‘‘(B) 20 percent of the available funding for ments of transportation, a local government, is amended to read as follows: use in those States that do not contain at a tribal government or consortium of tribal least 1 1⁄2 percent of the total public land in ‘‘§ 218. Alaska Highway governments, a transit agency, a port au- the United States managed by the agencies ‘‘(a) DEFINITION OF ALASKA MARINE HIGH- thority, a metropolitan planning organiza- described in paragraph (2), to be distributed WAY SYSTEM.—In this section, the term tion, other political subdivisions of State or as follows: ‘Alaska Marine Highway System’ includes local governments, or a multi-State or ‘‘(i) 30 percent in the ratio that— each existing or planned transportation fa- multi-jurisdictional group of the aforemen- ‘‘(I) recreational visitation within each cility and equipment in the State of Alaska tioned entities. such State; bears to relating to the ferry system of the State, in- (2) ELIGIBLE PROJECT.—The term ‘‘eligible ‘‘(II) the recreational visitation within all cluding the lease, purchase, or construction project’’ means a surface transportation such States. of vessels, terminals, docks, floats, ramps, project or a program of integrated surface ‘‘(ii) 5 percent in the ratio that— staging areas, parking lots, bridges, and ap- transportation projects closely related in the ‘‘(I) the Federal land area within each such proaches thereto, and necessary roads. function they perform that— ‘‘(b) AUTHORIZATION OF SECRETARY.— State; bears to (A) is a capital project or projects— ‘‘(1) IN GENERAL.—Recognizing the benefits ‘‘(II) the Federal land area in all such (i) eligible for Federal financial assistance States. that will accrue to the State of Alaska and to the United States from the reconstruction under title 23, United States Code, or under ‘‘(iii) 55 percent in the ratio that— chapter 53 of title 49, United States Code; or ‘‘(I) the Federal public road miles within of the Alaska Highway from the Alaskan border to Haines Junction in Canada and the (ii) for surface transportation infrastruc- each such State; bears to ture to facilitate intermodal interchange, ‘‘(II) the Federal public road miles in all Haines Cutoff Highway from Haines Junction in Canada to Haines, the Secretary is au- transfer, and access into and out of inter- such States. thorized, upon agreement with the State of modal facilities, including ports; and ‘‘(iv) 10 percent in the ratio that— Alaska, to expend on such highway or the (B) has eligible project costs that are rea- ‘‘(I) the number of Federal public bridges Alaska Marine Highway System any Fed- sonably anticipated to equal or exceed the within each such State; bears to eral-aid highway funds apportioned to the lesser of— ‘‘(II) the number of Federal public bridges State of Alaska under this title to provide (i) $500,000,000; in all such States. for necessary reconstruction of such high- (ii) for a project located in a single State, ‘‘(2) DATA SOURCE.—Data necessary to dis- ø ¿ way. 60 30 percent of the amount of Federal-aid tribute funding under paragraph (1) shall be highway funds apportioned for the most re- ‘‘(2) LIMITATION.—No expenditures shall be provided by the following Federal land man- made for the construction of the portion of cently completed fiscal year to the State; or agement agencies: the highways that are in located in Canada (iii) for a project located in more than 1 ‘‘(A) The National Park Service. until the date on which an agreement has State, 75 percent of the amount of Federal- ‘‘(B) The Forest Service. been reached by the Government of Canada aid highway funds apportioned for the most ‘‘(C) The United States Fish and Wildlife and the Government of the United States, recently completed fiscal year to the State Service. which shall provide in part, that the Cana- in which the project is located that has the ‘‘(D) The Bureau of Land Management. dian Government— largest apportionment. ‘‘(E) The Corps of Engineers. ‘‘(A) will provide, without participation of (3) ELIGIBLE PROJECT COSTS.—The term ‘‘el- ‘‘(c) PROGRAMMING DECISIONS COMMITTEE.— funds authorized under this title, all nec- igible project costs’’ means the costs of— ‘‘(1) IN GENERAL.—Programming decisions essary right-of-way for the construction of (A) development phase activities, including shall be made within each State by a com- the highways; planning, feasibility analysis, revenue fore- mittee comprised of— ‘‘(B) will not impose any highway toll, or casting, environmental review, preliminary ‘‘(A) a representative of the Federal High- permit any toll to be charged for the use of engineering and design work, and other way Administration; the highways by vehicles or persons; preconstruction activities; ‘‘(B) a representative of the State Depart- ‘‘(C) will not levy or assess, directly or in- (B) construction, reconstruction, rehabili- ment of Transportation; and directly, any fee, tax, or other charge for the tation, and acquisition of real property (in- ‘‘(C) a representative of any appropriate use of the highways by vehicles or persons cluding land related to the project and im- political subdivision of the State. from the United States that does not apply provements to land), environmental mitiga- ‘‘(2) CONSULTATION REQUIREMENT.—The equally to vehicles or persons of Canada; tion, construction contingencies, acquisition committee described in paragraph (1) shall ‘‘(D) will continue to grant reciprocal rec- of equipment directly related to improving consult with each applicable Federal agency ognition of vehicle registration and drivers’ system performance, and operational im- in each State before any joint discussion or licenses in accordance with agreements be- provements; and final programming decision. tween the United States and Canada; and (C) all financing costs, including subsidy ‘‘(3) PROJECT PREFERENCE.—In making a ‘‘(E) will maintain the highways after the costs under the Transportation Infrastruc- programming decision under paragraph (1), date of completion of the highways in proper ture Finance and Innovation Act program. the committee shall give preference to condition adequately to serve the needs of (d) SOLICITATIONS AND APPLICATIONS.— projects that provide access to, are adjacent present and future traffic. (1) GRANT SOLICITATIONS.—The Secretary to, or are located within high-use Federal ‘‘(c) SUPERVISION OF SECRETARY.—The sur- shall establish criteria for project evaluation recreation sites or Federal economic genera- vey and construction work undertaken in and conduct a transparent and competitive tors, as identified by the Secretaries of the Canada pursuant to this section shall be national solicitation process to select appropriate Federal land management agen- under the general supervision of the Sec- projects for funding to carry out the pur- cies.’’. retary.’’. poses of this section. (b) PUBLIC LANDS DEVELOPMENT ROADS AND SEC. 1118. PROJECTS OF NATIONAL AND RE- (2) APPLICATIONS.— TRAILS.—Section 214 of title 23, United GIONAL SIGNIFICANCE. (A) IN GENERAL.—An eligible applicant States Code, is repealed. (a) ESTABLISHMENT OF PROGRAM.—The Sec- seeking a grant under this section for an eli- (c) CONFORMING AMENDMENTS.— retary shall establish a program in accord- gible project shall submit an application to

VerDate Mar 15 2010 05:24 Jun 04, 2013 Jkt 099060 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 J:\CRONLINE\2000-THRU-2012-ONLINE-CORRECTIONS\2012 RECORD ONLINE CORREC bjneal on DSK2TWX8P1PROD with S448 CONGRESSIONAL RECORD — SENATE February 9, 2012 the Secretary in such form and in accord- or activities shall comply with the require- projects on a Federal-aid system highway under ance with such requirements as the Sec- ments described in subparagraph (B). chapter 1 of title 23, United States Code. retary shall establish. (B) A qualifying surface transportation (B) CONTENTS.—An application under this project not eligible under title 23, United Subtitle B—Performance Management subsection shall, at a minimum, include data States Code, or chapter 53 of title 49, United SEC. 1201. METROPOLITAN TRANSPORTATION on current system performance and esti- States Code, shall comply with the require- PLANNING. mated system improvements that will result ments of subchapter IV of chapter 31 of title from completion of the eligible project, in- 40, United States Code, [section 10a-d of title Section 134 of title 23, United States Code, cluding projections for 2, 7, and 15 years after 41, United States Code ], and such other is amended to read as follows: completion. terms, conditions, and requirements as the ‘‘§ 134. Metropolitan transportation planning (C) RESUBMISSION OF APPLICATIONS.—An eli- Secretary determines are necessary and ap- gible applicant whose project is not selected propriate for the type of project. ‘‘(a) POLICY.—It is in the national inter- by the Secretary may resubmit an applica- (2) DETERMINATION OF APPLICABLE MODAL est— tion in any subsequent solicitation. REQUIREMENTS.—In the event that a project ‘‘(1) to encourage and promote the safe, (e) CRITERIA FOR PROJECT EVALUATION AND has cross-modal components, the Secretary cost-effective, and efficient management, op- SELECTION.— shall have the discretion to designate the re- eration, and development of surface trans- (1) IN GENERAL.—The Secretary may select quirements that shall apply to the project portation systems that will serve efficiently a project only if the Secretary determines based on predominant components. the mobility needs of individuals and freight, that the project— (3) OTHER TERMS AND CONDITIONS.—The Sec- reduce transportation-related fatalities and (A) will significantly improve the perform- retary shall require that all grants under serious injuries, and foster economic growth ance of the national surface transportation this section be subject to all terms, condi- and development within and between States network, nationally or regionally; tions, and requirements that the Secretary and urbanized areas, while fitting the needs (B) is based on the results of preliminary decides are necessary or appropriate for pur- and complexity of individual communities, engineering; poses of this section, including requirements maximizing value for taxpayers, leveraging (C) cannot be readily and efficiently com- for the disposition of net increases in value cooperative investments, and minimizing pleted without Federal support from this of real property resulting from the project transportation-related fuel consumption and program; assisted under this section. air pollution through the metropolitan and (D) is justified based on the ability of the ø (g) FEDERAL SHARE OF PROJECT COST.— statewide transportation planning processes project— The Federal share of funds under this section identified in this title; (i) to generate national economic benefits for the project shall be up to 50 percent of ‘‘(2) to encourage the continued improve- that reasonably exceed its costs, including the project cost. Other eligible Federal ment, evolution, and coordination of the increased access to jobs, labor, and other transportation funds may be used by the metropolitan and statewide transportation critical economic inputs; project sponsor up to an additional 30 per- planning processes by and among metropoli- (ii) to reduce long-term congestion, includ- cent of the project costs. If a project is to tan planning organizations, State depart- ing impacts in the State, region, and Nation, construct or improve a privately owned fa- ments of transportation, regional planning and increase speed, reliability, and accessi- cility or would primarily benefit a private organizations, interstate partnerships, and bility of the movement of people or freight; entity, the Federal share shall be the lesser public transit and intercity service operators and of 50 percent of the total project cost or the as guided by the planning factors identified (iii) to improve transportation safety, in- quantified public benefit of the project. The in subsection (h) of this section and section cluding reducing transportation accidents, Secretary may allow costs incurred prior to 135(d); øinjuries,¿ and serious injuries and fatalities; project approval to be used as a credit to- ‘‘(3) to encourage and promote transpor- and ward the non-Federal share of the cost of the tation needs and decisions that are inte- (E) is supported by an acceptable degree of project. Such costs must be adequately docu- grated with other planning needs and prior- non-Federal financial commitments, includ- mented, necessary, reasonable and allocable ities; and ing evidence of stable and dependable financ- to the current phase of the project and such ‘‘(4) to maximize the effectiveness of trans- ing sources to construct, maintain, and oper- costs may not be included as a cost or used portation investments. ate the infrastructure facility. to meet cost sharing or matching require- (2) ADDITIONAL CONSIDERATIONS.—In evalu- ‘‘(b) DEFINITIONS.—In this section and sec- ating a project under this section, in addi- ments of any other federally financed tion 135, the following definitions apply: project.¿ tion to the criteria in paragraph (1), the Sec- ‘‘(1) EXISTING MPO.—The term ‘existing (g) FEDERAL SHARE OF PROJECT COST.— retary shall consider the extent to which the MPO’ mens a metropolitan planning organi- (1) IN GENERAL.—If a project funded under zation that was designated as a metropolitan project— this section is to construct or improve a pri- planning organization on the day before the (A) leverages Federal investment by en- vately owned facility or would primarily benefit date of enactment of the MAP–21. couraging non-Federal contributions to the a private entity, the Federal share shall be the ‘‘(2) LOCAL OFFICIAL.—The term ‘local offi- project, including contributions from public- lesser of 50 percent of the total project cost or cial’ means any elected or appointed official private partnerships; the quantified public benefit of the project. For of general purpose local government with re- (B) is able to begin construction within 18 all other projects funded under this section— months of being selected; (A) the Federal share of funds under this sec- sponsibility for transportation in a des- (C) incorporates innovative project deliv- tion shall be up to 50 percent of the project cost; ignated area. ery and financing where practical; and ‘‘(3) MAINTENANCE AREA.—The term ‘main- (D) stimulates collaboration between (B) the project sponsor may use other eligible tenance area’ means an area that was des- States and among State and local govern- Federal transportation funds to cover up to an ignated as an air quality nonattainment ments; additional 30 percent of the project costs. area, but was later redesignated by the Ad- (E) helps maintain or protect the environ- (2) PRE-APPROVAL COSTS.—The Secretary may ministrator of the Environmental Protection ment; allow costs incurred prior to project approval to Agency as an air quality attainment area, (F) improves roadways vital to national be used as a credit toward the non-Federal under section 107(d) of the Clean Air Act (42 energy security; share of the cost of the project. Such costs must U.S.C. 7407(d)). (G) uses innovative technologies, including be adequately documented, necessary, reason- ‘‘(4) METROPOLITAN PLANNING AREA.—The intelligent transportation systems, that en- able, and allocable to the current phase of the term ‘metropolitan planning area’ means a hance the efficiency of the project; and project and such costs may not be included as a geographical area determined by agreement (H) contributes to an equitable geographic cost or used to meet cost-sharing or matching re- between the metropolitan planning organiza- distribution of funds under this section and an quirements of any other federally-financed tion for the area and the applicable Governor appropriate balance in addressing the needs project. under subsection (c). of urban and rural communities. (h) REPORT TO THE SECRETARY.—For each ‘‘(5) METROPOLITAN PLANNING ORGANIZA- (f) GRANT REQUIREMENTS.— project funded under this section, the project TION.—The term ‘metropolitan planning or- (1) IN GENERAL.—A grant for a project sponsor shall reassess system performance ganization’ means the policy board of an or- under this section shall be subject to the fol- and report to the Secretary 2, 7, and 15 years ganization established pursuant to sub- lowing requirements: after completion of the project to assess if section (c). (A) A qualifying highway project eligible the project outcomes have met pre-construc- ‘‘(6) METROPOLITAN TRANSPORTATION for funding under title 23, United States tion projections. PLAN.—The term ‘metropolitan transpor- Code, or public transportation project eligi- (i) AUTHORIZATION OF APPROPRIATIONS.— tation plan’ means a plan developed by a ble under chapter 53 of title 49, United States There is authorized to be appropriated to metropolitan planning organization under Code, shall comply with all applicable re- carry out this section, to remain available subsection (i). quirements of such title or chapter except until expended, $1,000,000,000 for fiscal year ‘‘(7) NONATTAINMENT AREA.—The term ‘non- that, if the project contains elements or ac- 2013. attainment area’ has the meaning given the tivities that are not eligible for funding (j) TREATMENT OF PROJECTS.—Notwith- term in section 171 of the Clean Air Act (42 under such title or chapter but are eligible standing any other provision of law, projects U.S.C. 7501). for funding under this section, the elements funded under this section shall be treated as ‘‘(8) NONMETROPOLITAN AREA.—

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‘‘(A) IN GENERAL.—The term ‘nonmetro- for any urbanized area with a population of the date on which the metropolitan planning politan area’ means a geographical area out- more than 50,000, but less than 200,000, indi- organization is redesignated, as appropriate, side the boundaries of a designated metro- viduals— in accordance with the requirements of this politan planning area. ‘‘(A) by agreement between the applicable subsection pursuant to an agreement be- ‘‘(B) INCLUSIONS.—The term ‘nonmetropoli- Governor and local officials that, in the ag- tween— tan area’ includes small urbanized and non- gregate, represent at least 75 percent of the ‘‘(A) the applicable Governor; and urbanized areas. affected population (including the largest in- ‘‘(B) affected local officials who, in the ag- ø‘‘(9) NONMETROPOLITAN PLANNING ORGANI- corporated city (based on population), as de- gregate, represent at least 75 percent of the ZATION.— termined by the Bureau of the Census); and existing metropolitan planning area popu- ‘‘(A) IN GENERAL.—The term ‘nonmetro- ‘‘(B) with the consent of the Secretary, lation (including the largest incorporated politan planning organization’ means an or- based on a finding that the resulting metro- city (based on population), as determined by ganization designated by a State to enhance politan planning organization has met the the Bureau of the Census). the planning, coordination, and implementa- minimum requirements under subsection ‘‘(8) DESIGNATION OF MULTIPLE MPOS.— tion of statewide transportation plans and (e)(4)(B). ‘‘(A) IN GENERAL.—More than 1 metropoli- programs in a nonmetropolitan area, with an ‘‘(3) STRUCTURE.—Effective beginning on tan planning organization may be designated emphasis on addressing the needs of non- the date of designation or redesignation within an existing metropolitan planning metropolitan areas of the State. under this subsection, a metropolitan plan- area only if the applicable Governor and an ‘‘(B) INCLUSION.—The term ‘nonmetropoli- ning organization shall consist of— existing MPO determine that the size and tan planning organization’ includes a rural ‘‘(A) elected local officials in the relevant complexity of the existing metropolitan planning organization.¿ metropolitan area; planning area make the designation of more ‘‘(9) NONMETROPOLITAN PLANNING ORGANIZA- ‘‘(B) officials of public agencies that ad- than 1 metropolitan planning organization TION.—The term ‘nonmetropolitan planning or- minister or operate major modes of transpor- for the metropolitan planning area appro- ganization’ means an organization that— tation in the relevant metropolitan area; and priate. ‘‘(A) was designated as a metropolitan plan- ‘‘(C) appropriate State officials. ‘‘(B) SERVICE JURISDICTIONS.—If more than ning organization as of the day before the date ‘‘(4) EFFECT OF SUBSECTION.—Nothing in 1 metropolitan planning organization is des- of enactment of the MAP-21; and this subsection interferes with any authority ignated for an existing metropolitan plan- ‘‘(B) is not designated as a tier I or tier II under any State law in effect on December ning area under subparagraph (A), the exist- metropolitan planning organization. 18, 1991, of a public agency with multimodal ing metropolitan planning area shall be split ‘‘(10) REGIONALLY SIGNIFICANT.—The term transportation responsibilities— into multiple metropolitan planning areas, ‘regionally significant’, with respect to a ‘‘(A) to develop the metropolitan transpor- each of which shall be served by the existing transportation project, program, service, or tation plans and transportation improve- MPO or a new metropolitan planning organi- strategy, means a project, program, service, ment programs for adoption by a metropoli- zation. or strategy that— tan planning organization; or ‘‘(C) TIER DESIGNATION.—The tier designa- ‘‘(A) serves regional transportation needs ‘‘(B) to develop capital plans, coordinate tion of each metropolitan planning organiza- (such as access to and from the area outside transit services and projects, or carry out tion subject to a designation under this para- of the region, major activity centers in the other activities pursuant to State law. graph shall be determined based on the size region, and major planned developments); ‘‘(5) CONTINUING DESIGNATION.—A designa- of each respective metropolitan planning and tion of a metropolitan planning organization area, in accordance with subsection (e)(4). ‘‘(B) would normally be included in the under this subsection or any other provision ‘‘(d) METROPOLITAN PLANNING AREA BOUND- modeling of a transportation network of a of law— ARIES.— metropolitan area. ‘‘(A) for an urbanized area with a popu- ‘‘(1) IN GENERAL.—For purposes of this sec- ‘‘(11) RURAL PLANNING ORGANIZATION.—The lation of 200,000 or more individuals shall re- tion, the boundaries of a metropolitan plan- term ‘rural planning organization’ means an or- main in effect— ning area shall be determined by agreement ganization that— ‘‘(i) for the period during which the struc- between the applicable metropolitan plan- ‘‘(A) was designated as a metropolitan plan- ture of the existing MPO complies with the ning organization and the Governor of the ning organization as of the day before the date requirements of paragraph (1); or State in which the metropolitan planning of enactment of the MAP-21; and ‘‘(ii) until the date on which the existing area is located. ‘‘(B) is not designated as a tier I or tier II MPO is redesignated under paragraph (7); ‘‘(2) INCLUDED AREA.—Each metropolitan metropolitan planning organization. and planning area— ‘‘ø(11)¿(12) STATEWIDE TRANSPORTATION IM- ‘‘(B) for an urbanized area with a popu- ‘‘(A) shall encompass at least the relevant PROVEMENT PROGRAM.—The term ‘statewide lation of less than 200,000 individuals, shall existing urbanized area and any contiguous transportation improvement program’ means be terminated on the date that is 3 years area expected to become urbanized within a a statewide transportation improvement pro- after the date on which the Secretary pro- 20-year forecast period under the applicable gram developed by a State under section mulgates a regulation pursuant to sub- metropolitan transportation plan; and 135(g). section (e)(4)(B)(i), unless reaffirmed by the ‘‘(B) may encompass the entire relevant ‘‘ø(12)¿(13) STATEWIDE TRANSPORTATION existing MPO and the applicable Governor metropolitan statistical area, as defined by PLAN.—The term ‘statewide transportation and approved by the Secretary, on the basis the Office of Management and Budget. plan’ means a plan developed by a State of meeting the minimum requirements es- ‘‘(3) IDENTIFICATION OF NEW URBANIZED under section 135(f). tablished by the regulation. AREAS.—The designation by the Bureau of ‘‘ø(13)¿(14) TRANSPORTATION IMPROVEMENT ‘‘(6) EXTENSION.— the Census of a new urbanized area within PROGRAM.—The term ‘transportation im- ‘‘(A) IN GENERAL.—If the applicable Gov- the boundaries of an existing metropolitan provement program’ means a program devel- ernor, acting on behalf of a metropolitan planning area shall not require the redesig- oped by a metropolitan planning organiza- planning organization for an urbanized area nation of the relevant existing MPO. tion under subsection (j). with a population of less than 200,000 that ‘‘(4) NONATTAINMENT AND MAINTENANCE ‘‘ø(14)¿(15) URBANIZED AREA.—The term ‘ur- would otherwise be terminated under para- AREAS.— banized area’ means a geographical area with graph (5)(B), requests a probationary con- ‘‘(A) EXISTING METROPOLITAN PLANNING a population of 50,000 or more individuals, as tinuation before the termination of the met- AREAS.— determined by the Bureau of the Census. ropolitan planning organization, the Sec- ‘‘(i) IN GENERAL.—Except as provided in ‘‘(c) DESIGNATION OF METROPOLITAN PLAN- retary shall— clause (ii), notwithstanding paragraph (2), in NING ORGANIZATIONS.— ‘‘(i) delay the termination of the metro- the case of an urbanized area designated as a ‘‘(1) IN GENERAL.—To carry out the metro- politan planning organization under para- nonattainment area or maintenance area as politan transportation planning process graph (5)(B) for a period of 1 year; and of the date of enactment of the MAP–21, the under this section, a metropolitan planning ‘‘(ii) provide additional technical assist- boundaries of the existing metropolitan organization shall be designated for each ur- ance to all metropolitan planning organiza- planning area as of that date of enactment banized area with a population of more than tions provided an extension under this para- shall remain in force and effect. 200,000 individuals— graph to assist the metropolitan planning or- ‘‘(ii) EXCEPTION.—Notwithstanding clause ‘‘(A) by agreement between the applicable ganization in meeting the minimum require- (i), the boundaries of an existing metropoli- Governor and local officials that, in the ag- ments under subsection (e)(4)(B)(i). tan planning area described in that clause gregate, represent at least 75 percent of the ‘‘(B) DESIGNATION AS TIER II MPO.—If the may be adjusted by agreement of the appli- affected population (including the largest in- Secretary determines the metropolitan plan- cable Governor and the affected metropoli- corporated city (based on population), as de- ning organization has met the minimum re- tan planning organizations in accordance termined by the Bureau of the Census); or quirements under subsection (e)(4)(B)(i) be- with subsection (c)(5). ‘‘(B) in accordance with procedures estab- fore the final termination date, the metro- ‘‘(B) NEW METROPOLITAN PLANNING AREAS.— lished by applicable State or local law. politan planning organization shall be des- In the case of an urbanized area designated ‘‘(2) SMALL URBANIZED AREAS.—To carry ignated as a tier II MPO. as a nonattainment area or maintenance out the metropolitan transportation plan- ‘‘(7) REDESIGNATION.—The designation of a area after the date of enactment of the ning process under this section, a metropoli- metropolitan planning organization under MAP–21, the boundaries of the applicable tan planning organization may be designated this subsection shall remain in effect until metropolitan planning area—

VerDate Mar 15 2010 05:24 Jun 04, 2013 Jkt 099060 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 J:\CRONLINE\2000-THRU-2012-ONLINE-CORRECTIONS\2012 RECORD ONLINE CORREC bjneal on DSK2TWX8P1PROD with S450 CONGRESSIONAL RECORD — SENATE February 9, 2012 ‘‘(i) shall be established in accordance with ning organization has met the minimum ‘‘(I) continue to receive metropolitan subsection (c)(1); technical requirements under clause (iv). transportation planning funds until the ear- ‘‘(ii) shall encompass the areas described in ‘‘(iv) MINIMUM TECHNICAL REQUIREMENTS.— lier of— paragraph (2)(A); Not later than 1 year after the date of enact- ‘‘(aa) the date of dissolution of the metro- ‘‘(iii) may encompass the areas described ment of the MAP–21, the Secretary shall politan planning organization; and in paragraph (2)(B); and publish a regulation that establishes the ‘‘(bb) the date that is 4 years after the date ‘‘(iv) may address any appropriate non- minimum technical requirements necessary of enactment of the MAP–21; and attainment area or maintenance area. for a metropolitan planning organization to ‘‘(II) be treated by the State as a non- ‘‘(e) REQUIREMENTS.— be designated as a tier I MPO, including, at metropolitan area for purposes of this title. ‘‘(1) DEVELOPMENT OF PLANS AND TIPS.—To a minimum, modeling, data, staffing, and ‘‘(D) CONSOLIDATION.— accomplish the policy objectives described in other technical requirements. ‘‘(i) IN GENERAL.—Metropolitan planning subsection (a), each metropolitan planning ‘‘(B) TIER II MPOS.— organizations operating within contiguous or organization, in cooperation with the appli- ‘‘(i) IN GENERAL.—Not later than 1 year adjacent urbanized areas may elect to con- cable State and public transportation opera- after the date of enactment of the MAP–21, solidate in order to meet the population tors, shall develop metropolitan transpor- the Secretary shall publish a regulation that thresholds required to achieve designation as tation plans and transportation improve- establishes minimum requirements nec- a tier I or tier II MPO under this paragraph. ment programs for metropolitan planning essary for a metropolitan planning organiza- ‘‘(ii) EFFECT OF SUBSECTION.—Nothing in areas of the State through a performance- tion to be designated as a tier II MPO. this subsection requires or prevents consoli- driven, outcome-based approach to metro- ‘‘(ii) REQUIREMENTS.—The minimum re- dation among multiple metropolitan plan- politan transportation planning consistent quirements established under clause (i) ning organizations located within a single with subsection (h)(2). shall— urbanized area. ‘‘(2) CONTENTS.—The metropolitan trans- ‘‘(I) ensure that each metropolitan plan- ‘‘(f) COORDINATION IN MULTISTATE AREAS.— portation plans and transportation improve- ning organization has the capabilities nec- ‘‘(1) IN GENERAL.—The Secretary shall en- ment programs for each metropolitan area essary to develop the metropolitan transpor- courage each Governor with responsibility shall provide for the development and inte- tation plan and transportation improvement for a portion of a multistate metropolitan grated management and operation of trans- program under this section; and area and the appropriate metropolitan plan- portation systems and facilities (including ‘‘(II) include— ning organizations to provide coordinated accessible pedestrian walkways, bicycle ‘‘(aa) only the staff resources necessary to transportation planning for the entire met- transportation facilities, and intermodal fa- operate the metropolitan planning organiza- ropolitan area. cilities that support intercity transpor- tion; and ‘‘(2) COORDINATION ALONG DESIGNATED tation) that will function as— ‘‘(bb) a requirement that the metropolitan TRANSPORTATION CORRIDORS.—The Secretary ‘‘(A) an intermodal transportation system planning organization has the technical ca- shall encourage each Governor with respon- for the metropolitan planning area; and pacity to conduct the modeling necessary to sibility for a portion of a multistate metro- ‘‘(B) an integral part of an intermodal fulfill the requirements of this section, ex- politan area and the appropriate metropoli- transportation system for the applicable cept that in cases in which a metropolitan tan planning organizations to provide coordi- State and the United States. planning organization has a formal agree- nated transportation planning for the entire ‘‘(3) PROCESS OF DEVELOPMENT.—The proc- ment with a State to conduct the modeling designated transportation corridor. ess for developing metropolitan transpor- on behalf of the metropolitan planning orga- ‘‘(3) COORDINATION WITH INTERSTATE COM- tation plans and transportation improve- nization, the metropolitan planning organi- PACTS.—The Secretary shall encourage met- ment programs shall— zation shall be exempt from the technical ca- ropolitan planning organizations to take ‘‘(A) provide for consideration of all modes pacity requirement. into consideration, during the development of transportation; and ‘‘(iii) INCLUSION.—A metropolitan planning of metropolitan transportation plans and ‘‘(B) be continuing, cooperative, and com- organization operating primarily within an transportation improvement programs, any prehensive to the degree appropriate, based urbanized area with a population of more relevant transportation studies concerning on the complexity of the transportation than 200,000 individuals, as calculated ac- planning for regional transportation (includ- needs to be addressed. cording to the most recent decennial census, ing high-speed and intercity rail corridor ‘‘(4) TIERING.— and that does not qualify as a tier I MPO studies, commuter rail corridor studies, ‘‘(A) TIER I MPOS.— under subparagraph (A)(i), shall— intermodal terminals, and interstate high- ‘‘(i) IN GENERAL.—A metropolitan planning ‘‘(I) be designated as a tier II MPO; and ways) in support of freight, intercity, or organization shall be designated as a tier I ‘‘(II) follow the processes under subsection multistate area projects and services that MPO if— (k). have been developed pursuant to interstate ‘‘(I) as certified by the Governor of each compacts or agreements, or by organizations applicable State, the metropolitan planning ‘‘(C) SMALL URBANIZED AREAS.— established under section 135. organization operates within, and primarily ‘‘(i) IN GENERAL.—Not later than 2 years serves, a metropolitan planning area with a after the date of publication of the regula- ‘‘(g) ENGAGEMENT IN METROPOLITAN TRANS- tion under subparagraph (B)(i), any existing population of 1,000,000 or more individuals, as PORTATION PLAN AND TIP DEVELOPMENT.— MPO operating primarily within an urban- calculated according to the most recent de- ‘‘(1) NONATTAINMENT AND MAINTENANCE cennial census; and ized area with a population of fewer than AREAS.—If more than 1 metropolitan plan- ‘‘(II) the Secretary determines the metro- 200,000, but more than 50,000, individuals (as ning organization has authority within a politan planning organization— determined before the date of enactment of metropolitan area, nonattainment area, or ‘‘(aa) meets the minimum technical re- the MAP–21), with the support of the applica- maintenance area, each metropolitan plan- quirements under clause (iv); and ble Governor, may request designation as a ning organization shall consult with each ‘‘(bb) not later than 2 years after the date tier II MPO on a determination by the Sec- other metropolitan planning organization of enactment of the MAP–21, will fully im- retary that the metropolitan planning orga- designated for the metropolitan area, non- plement the processes described in sub- nization has met the minimum requirements attainment area, or maintenance area and sections (h) though (j). under subparagraph (B)(i). the State in the development of metropoli- ‘‘(ii) ABSENCE OF DESIGNATION.—In the ab- ‘‘(ii) ABSENCE OF DESIGNATION.—A metro- tan transportation plans and transportation sence of designation as a tier I MPO under politan planning organization that is the improvement programs under this section. clause (i), a metropolitan planning organiza- subject of a negative determination of the ‘‘(2) TRANSPORTATION IMPROVEMENTS LO- tion shall operate as a tier II MPO until the Secretary under clause (i) shall submit to CATED IN MULTIPLE METROPOLITAN PLANNING date on which the Secretary determines the the State in which the metropolitan plan- AREAS.—If a transportation improvement metropolitan planning organization can ning organization is located, or to a planning project funded under this title or chapter 53 meet the minimum technical requirements organization designated by the State, by not of title 49 is located within the boundaries of under clause (iv). later than 180 days after the date on which a more than 1 metropolitan planning area, the ‘‘(iii) REDESIGNATION AS TIER I.—A metro- notice of the negative determination is re- affected metropolitan planning organiza- politan planning organization operating ceived, a 6-month plan that includes a de- tions shall coordinate metropolitan trans- within a metropolitan planning area with a scription of a method— portation plans and transportation improve- population of less than 1,000,000, but more ‘‘(I) to transfer the responsibilities of the ment programs regarding the project. than 200,000, individuals and primarily with- metropolitan planning organization to the ‘‘(3) COORDINATION OF ADJACENT PLANNING in urbanized areas with populations of more State; and ORGANIZATIONS.— than 200,000 individuals, as calculated ac- ‘‘(II) to dissolve the metropolitan planning ‘‘(A) IN GENERAL.—A metropolitan plan- cording to the most recent decennial census, organization. ning organization that is adjacent or located that is designated as a tier II MPO under ‘‘(iii) ACTION ON DISSOLUTION.—On submis- in reasonably close proximity to another subparagraph (B) may request, with the sup- sion of a plan under clause (ii), the metro- metropolitan planning organization shall co- port of the applicable Governor, a redesigna- politan planning area served by the applica- ordinate with that metropolitan planning or- tion as a tier I MPO on a determination by ble metropolitan planning organization ganization with respect to planning proc- the Secretary that the metropolitan plan- shall— esses, including preparation of metropolitan

VerDate Mar 15 2010 05:24 Jun 04, 2013 Jkt 099060 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 J:\CRONLINE\2000-THRU-2012-ONLINE-CORRECTIONS\2012 RECORD ONLINE CORREC bjneal on DSK2TWX8P1PROD with February 9, 2012 CONGRESSIONAL RECORD — SENATE S451 transportation plans and transportation im- ‘‘(H) emphasize the preservation of the ex- tion of advisory groups representative of the provement programs, to the maximum ex- isting transportation system. community and interested parties that par- tent practicable. ‘‘(2) PERFORMANCE-BASED APPROACH.— ticipate in the development of the metropoli- ‘‘(B) NONMETROPOLITAN PLANNING ORGANI- ‘‘(A) IN GENERAL.—The metropolitan trans- tan transportation plan and transportation ZATIONS.—A metropolitan planning organiza- portation planning process shall provide for improvement program; tion that is adjacent or located in reasonably the establishment and use of a performance- ‘‘(ii) hold any public meetings at times and close proximity to a nonmetropolitan plan- based approach to transportation decision- locations that are, as applicable— ning organization shall consult with that making to support the national goals de- ‘‘(I) convenient; and nonmetropolitan planning organization with scribed in section 150(b). ‘‘(II) in compliance with the Americans respect to planning processes, to the max- ‘‘(B) PERFORMANCE TARGETS.— with Disabilities Act of 1990 (42 U.S.C. 12101 imum extent practicable. ‘‘(i) IN GENERAL.—Each metropolitan plan- et seq.); ‘‘(4) RELATIONSHIP WITH OTHER PLANNING ning organization shall establish perform- ‘‘(iii) employ visualization techniques to OFFICIALS.— ance targets that address the performance describe metropolitan transportation plans ‘‘(A) IN GENERAL.—The Secretary shall en- measures described in sections 119(f), 148(h), and transportation improvement programs; courage each metropolitan planning organi- 149(k), where applicable, and 167(i) to use in and zation to cooperate with Federal, tribal, tracking attainment of critical outcomes for ‘‘(iv) make public information available in State, and local officers and entities respon- the region of the metropolitan planning or- appropriate electronically accessible formats sible for other types of planning activities ganization. and means, such as the Internet, to afford that are affected by transportation in the ‘‘(ii) COORDINATION.—Selection of perform- reasonable opportunity for consideration of relevant area (including planned growth, ance targets by a metropolitan planning or- public information under subparagraph (A). economic development, infrastructure serv- ganization shall be coordinated with the rel- ices, housing, other public services, environ- evant State to ensure consistency, to the ‘‘(i) DEVELOPMENT OF METROPOLITAN mental protection, airport operations, high- maximum extent practicable. TRANSPORTATION PLAN.— speed and intercity passenger rail, freight ‘‘(C) TIMING.—Each metropolitan planning ‘‘(1) DEVELOPMENT.— rail, port access, and freight movements), to organization shall establish the performance ‘‘(A) IN GENERAL.—Except as provided in the maximum extent practicable, to ensure targets under subparagraph (B) not later subparagraph (B), not later than 5 years that the metropolitan transportation plan- than 90 days after the date of establishment after the date of enactment of the MAP–21, ning process, metropolitan transportation by the relevant State of performance targets and not less frequently than once every 5 plans, and transportation improvement pro- pursuant to sections 119(f), 148(h), 149(k), years thereafter, each metropolitan planning grams are developed in cooperation with where applicable, and 167(i). organization shall prepare and update, re- other related planning activities in the area. ‘‘(D) INTEGRATION OF OTHER PERFORMANCE- spectively, a metropolitan transportation ‘‘(B) INCLUSION.—Cooperation under sub- BASED PLANS.—A metropolitan planning or- plan for the relevant metropolitan planning paragraph (A) shall include the design and ganization shall integrate in the metropoli- area in accordance with this section. delivery of transportation services within tan transportation planning process, directly ‘‘(B) EXCEPTIONS.—A metropolitan plan- the metropolitan area that are provided by— or by reference, the goals, objectives, per- ning organization shall prepare or update, as ø ‘‘(i) recipients of assistance under sections formance measures, and targets described appropriate, the metropolitan transportation ¿ 202, 203, and 204; in this paragraph into other described in plan not less frequently than once every 4 ‘‘(ii) recipients of assistance under chapter other State plans and processes required as years if the metropolitan planning organiza- 53 of title 49; part of a performance-based program, includ- tion is operating within— ‘‘(iii) government agencies and nonprofit ing plans such as— ‘‘(i) a nonattainment area; or organizations (including representatives of ‘‘(i) the State National Highway System ‘‘(ii) a maintenance area. the agencies and organizations) that receive asset management plan; ‘‘(2) OTHER REQUIREMENTS.—A metropolitan Federal assistance from a source other than ‘‘(ii) the State strategic highway safety transportation plan under this section the Department of Transportation to provide plan; shall— nonemergency transportation services; and ‘‘(iii) the congestion mitigation and air ‘‘(iv) sponsors of regionally significant pro- quality performance øplan¿ plan, where appli- ‘‘(A) be in a form that the Secretary deter- grams, projects, and services that are related cable; mines to be appropriate; to transportation and receive assistance ‘‘(iv) the national freight strategic plan; ‘‘(B) have a term of not less than 20 years; from any public or private source. and and ‘‘(5) COORDINATION OF OTHER FEDERALLY RE- ‘‘(v) the statewide transportation plan. ‘‘(C) contain, at a minimum— QUIRED PLANNING PROGRAMS.—The Secretary ‘‘(E) USE OF PERFORMANCE MEASURES AND ‘‘(i) an identification of the existing trans- shall encourage each metropolitan planning TARGETS.—The performance measures and portation infrastructure, including high- organization to coordinate, to the maximum targets established under this paragraph ways, local streets and roads, bicycle and pe- extent practicable, the development of met- shall be used, at a minimum, by the relevant destrian facilities, transit facilities and serv- ropolitan transportation plans and transpor- metropolitan planning organization as the ices, commuter rail facilities and services, tation improvement programs with other basis for development of policies, programs, high-speed and intercity passenger rail fa- relevant federally required planning pro- and investment priorities reflected in the cilities and services, freight facilities (in- grams. metropolitan transportation plan and trans- cluding freight railroad and port facilities), ‘‘(h) SCOPE OF PLANNING PROCESS.— portation improvement program. multimodal and intermodal facilities, and ‘‘(1) IN GENERAL.—The metropolitan trans- ‘‘(3) FAILURE TO CONSIDER FACTORS.—The intermodal connectors that, evaluated in the portation planning process for a metropoli- failure to take into consideration 1 or more aggregate, function as an integrated metro- tan planning area under this section shall of the factors specified in paragraphs (1) and politan transportation system; provide for consideration of projects and (2) shall not be subject to review by any ‘‘(ii) a description of the performance strategies that will— court under this title, chapter 53 of title 49, measures and performance targets used in ‘‘(A) support the economic vitality of the subchapter II of chapter 5 of title 5, or chap- assessing the existing and future perform- metropolitan area, especially by enabling ter 7 of title 5 in any matter affecting a met- ance of the transportation system in accord- global competitiveness, productivity, and ef- ropolitan transportation plan, a transpor- ance with subsection (h)(2); ficiency; tation improvement program, a project or ‘‘(iii) a description of the current and pro- ‘‘(B) increase the safety of the transpor- strategy, or the certification of a planning jected future usage of the transportation tation system for motorized and non- process. system, including a projection based on a motorized users; ‘‘(4) PARTICIPATION BY INTERESTED PAR- preferred scenario, and further including, to ‘‘(C) increase the security of the transpor- TIES.— the extent practicable, an identification of tation system for motorized and non- ‘‘(A) IN GENERAL.—Each metropolitan plan- existing or planned transportation rights-of- motorized users; ning organization shall provide to affected way, corridors, facilities, and related real ‘‘(D) increase the accessibility and mobil- individuals, public agencies, and other inter- properties; ity of individuals and freight; ested parties notice and a reasonable oppor- ‘‘(iv) a system performance report evalu- ‘‘(E) protect and enhance the environment, tunity to comment on the metropolitan ating the existing and future condition and promote energy conservation, improve the transportation plan and transportation im- performance of the transportation system quality of life, and promote consistency be- provement program and any relevant sce- with respect to the performance targets de- tween transportation improvements and narios. scribed in subsection (h)(2) and updates in State and local planned growth and eco- ‘‘(B) METHODS.—In carrying out subpara- subsequent system performance reports, in- nomic development patterns; graph (A), the metropolitan planning organi- cluding— ‘‘(F) enhance the integration and zation shall, to the maximum extent prac- ‘‘(I) progress achieved by the metropolitan connectivity of the transportation system, ticable— planning organization in meeting the per- across and between modes, for individuals ‘‘(i) develop the metropolitan transpor- formance targets in comparison with system and freight; tation plan and transportation improvement performance recorded in previous reports; ‘‘(G) increase efficient system management program in consultation with interested par- ‘‘(II) an accounting of the performance of and operation; and ties, as appropriate, including by the forma- the metropolitan planning organization on

VerDate Mar 15 2010 05:24 Jun 04, 2013 Jkt 099060 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 J:\CRONLINE\2000-THRU-2012-ONLINE-CORRECTIONS\2012 RECORD ONLINE CORREC bjneal on DSK2TWX8P1PROD with S452 CONGRESSIONAL RECORD — SENATE February 9, 2012 outlay of obligated project funds and deliv- ‘‘(v) may include a revenue constrained riod contemplated for completion of the ery of projects that have reached substantial scenario based on total revenues reasonable project. completion in relation to— expected to be available over the 20-year ‘‘(5) COORDINATION WITH CLEAN AIR ACT ‘‘(aa) the projects included in the transpor- planning period and assumed population and AGENCIES.—The metropolitan planning orga- tation improvement program; and employment; and nization for any metropolitan area that is a ‘‘(bb) the projects that have been removed ‘‘(vi) may include estimated costs and po- nonattainment area or maintenance area from the previous transportation improve- tential revenues available to support each shall coordinate the development of a trans- ment program; and scenario. portation plan with the process for develop- ‘‘(III) when appropriate, an analysis of how ‘‘(B) In addition to the performance meas- ment of the transportation control measures the preferred scenario has improved the con- ures identified in subsection (h)(2), scenarios of the State implementation plan required ditions and performance of the transpor- developed under this paragraph may be eval- by the Clean Air Act (42 U.S.C. 7401 et seq.). tation system and how changes in local poli- uated using locally developed metrics for the ‘‘(6) PUBLICATION.—On approval by the rel- cies, investments, and growth have impacted following categories: evant metropolitan planning organization, a the costs necessary to achieve the identified ‘‘(i) Congestion and mobility, including metropolitan transportation plan involving performance targets; transportation use by mode. Federal participation shall be, at such times ‘‘(v) recommended strategies and invest- ‘‘(ii) Freight movement. and in such manner as the Secretary shall ments for improving system performance ‘‘(iii) Safety. require— over the planning horizon, including trans- ‘‘(iv) Efficiency and costs to taxpayers.¿ ‘‘(A) published or otherwise made readily portation systems management and oper- ‘‘(3) SCENARIO DEVELOPMENT.— available by the metropolitan planning orga- ations strategies, maintenance strategies, ‘‘(A) IN GENERAL.—When preparing the metro- nization for public review, including (to the demand management strategies, asset man- politan transportation plan, the metropolitan maximum extent practicable) in electroni- agement strategies, capacity and enhance- planning organization may, while fitting the cally accessible formats and means, such as ment investments, State and local economic needs and complexity of its community, develop the Internet; and development and land use improvements, in- multiple scenarios for consideration as a part of telligent transportation systems deploy- ‘‘(B) submitted for informational purposes the development of the metropolitan transpor- to the applicable Governor. ment, and technology adoption strategies, as tation plan, in accordance with subparagraph ‘‘(7) CONSULTATION.— determined by the projected support of the (B). ‘‘(A) IN GENERAL.—In each metropolitan performance targets described in subsection ‘‘(B) COMPONENTS OF SCENARIOS.—The sce- area, the metropolitan planning organization (h)(2); narios— ‘‘(vi) recommended strategies and invest- ‘‘(i) shall include potential regional invest- shall consult, as appropriate, with Federal, ments to improve and integrate disability- ment strategies for the planning horizon; tribal, State, and local agencies responsible related access to transportation infrastruc- ‘‘(ii) shall include an assumed distribution of for land use management, natural resources, ture, including strategies and investments population and employment; environmental protection, conservation, and based on a preferred scenario, when appro- ‘‘(iii) may include a scenario that, to the max- historic preservation concerning the devel- priate; imum extent practicable, maintains baseline opment of a metropolitan transportation ‘‘(vii) investment priorities for using pro- conditions for the performance measures identi- plan. jected available and proposed revenues over fied in subsection (h)(2); ‘‘(B) ISSUES.—The consultation under sub- the short- and long-term stages of the plan- ‘‘(iv) may include a scenario that improves the paragraph (A) shall involve, as available, ning horizon, in accordance with the finan- baseline conditions for as many of the perform- consideration of— cial plan required under paragraph (4); ance measures under subsection (h)(2) as pos- ‘‘(i) metropolitan transportation plans ‘‘(viii) a description of interstate compacts sible; with Federal, tribal, State, and local con- entered into in order to promote coordinated ‘‘(v) shall be revenue constrained based on the servation plans or maps; and transportation planning in multistate areas, total revenues expected to be available over the ‘‘(ii) inventories of natural or historic re- if applicable; forecast period of the plan; and sources. ‘‘(ix) an optional illustrative list of ‘‘(vi) may include estimated costs and poten- ‘‘(8) SELECTION OF PROJECTS FROM ILLUS- projects containing investments that— tial revenues available to support each scenario. TRATIVE LIST.—Notwithstanding paragraph ‘‘(I) are not included in the metropolitan ‘‘(C) METRICS.—In addition to the perform- (4), a State or metropolitan planning organi- transportation plan; but ance measures identified in subsection (h)(2), zation shall not be required to select any ‘‘(II) would be so included if resources in scenarios developed under this paragraph may project from the illustrative list of addi- addition to the resources identified in the fi- be evaluated using locally-developed metrics for tional projects included in the metropolitan nancial plan under paragraph (4) were avail- the following categories: transportation plan under paragraph able; ‘‘(i) Congestion and mobility, including trans- (2)(C)(ix). ‘‘(x) a discussion (developed in consulta- portation use by mode. tion with Federal, State, and tribal wildlife, ‘‘(ii) Freight movement. ‘‘(j) TRANSPORTATION IMPROVEMENT PRO- land management, and regulatory agencies) ‘‘(iii) Safety. GRAM.— of types of potential environmental and ‘‘(iv) Efficiency and costs to taxpayers. ‘‘(1) DEVELOPMENT.— stormwater mitigation activities and poten- ‘‘(4) FINANCIAL PLAN.—A financial plan re- ‘‘(A) IN GENERAL.—In cooperation with the tial areas to carry out those activities, in- ferred to in paragraph (2)(C)(vii) shall— applicable State and any affected public cluding activities that may have the great- ‘‘(A) be prepared by each metropolitan transportation operator, the metropolitan est potential to restore and maintain the en- planning organization to support the metro- planning organization designated for a met- vironmental functions affected by the metro- politan transportation plan; and ropolitan area shall develop a transportation politan transportation plan; and ‘‘(B) contain a description of each of the improvement program for the metropolitan ‘‘(xi) recommended strategies and invest- following: planning area that— ments, including those developed by the ‘‘(i) Projected resource requirements for ‘‘(i) contains projects consistent with the State as part of interstate compacts, agree- implementing projects, strategies, and serv- current metropolitan transportation plan; ments, or organizations, that support inter- ices recommended in the metropolitan trans- ‘‘(ii) reflects the investment priorities es- city transportation. portation plan, including existing and pro- tablished in the current metropolitan trans- ø‘‘(3) SCENARIO DEVELOPMENT.—When pre- jected system operating and maintenance portation plan; and paring the metropolitan transportation plan, needs, proposed enhancement and expansions ‘‘(iii) once implemented, will make signifi- the metropolitan planning organization may, to the system, projected available revenue cant progress toward achieving the targets while fitting the needs and complexity of from Federal, State, local, and private established under subsection (h)(2). their community, develop multiple scenarios sources, and innovative financing techniques ‘‘(B) OPPORTUNITY FOR PARTICIPATION.—In for consideration as a part of the develop- to finance projects and programs. developing the transportation improvement ment of the metropolitan transportation ‘‘(ii) The projected difference between program, the metropolitan planning organi- plan, in accordance with the following: costs and revenues, and strategies for secur- zation, in cooperation with the State and ‘‘(A) The scenarios— ing additional new revenue (such as by cap- any affected public transportation operator, ‘‘(i) shall include potential regional invest- ture of some of the economic value created shall provide an opportunity for participa- ment strategies for the planning horizon; by any new investment). tion by interested parties, in accordance ‘‘(ii) shall include assumed distribution of ‘‘(iii) Estimates of future funds, to be de- with subsection (h)(4). population and employment; veloped cooperatively by the metropolitan ‘‘(C) UPDATING AND APPROVAL.—The trans- ‘‘(iii) may include a scenario that, to the planning organization, any public transpor- portation improvement program shall be— maximum extent practicable, maintains tation agency, and the State, that are rea- ‘‘(i) updated not less frequently than once baseline conditions for the performance sonably expected to be available to support every 4 years, on a cycle compatible with the measures identified in subsection (h)(2); the investment priorities recommended in development of the relevant statewide trans- ‘‘(iv) may include a scenario that improves the metropolitan transportation plan. portation improvement program under sec- the baseline conditions for as many of the ‘‘(iv) Each applicable project only if full tion 135; and performance measures under subsection funding can reasonably be anticipated to be ‘‘(ii) approved by the applicable Governor. (h)(2) as possible; available for the project within the time pe- ‘‘(2) CONTENTS.—

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‘‘(A) PRIORITY LIST.—The transportation ‘‘(ii) NONREGIONALLY SIGNIFICANT.—A de- ‘‘(B) demonstrates progress on the achieve- improvement program shall include a pri- scription of each project proposed for fund- ment of those targets. ority list of proposed federally supported ing under chapter 2 that is not determined to ‘‘(l) CERTIFICATION.— projects and strategies to be carried out dur- be regionally significant shall be contained ‘‘(1) IN GENERAL.—The Secretary shall— ing the 4-year period beginning on the date in 1 line item or identified individually in ‘‘(A) ensure that the metropolitan trans- of adoption of the transportation improve- the transportation improvement program. portation planning process of a metropolitan ment program, and each 4-year period there- ‘‘(5) OPPORTUNITY FOR PARTICIPATION.—Be- planning organization is being carried out in after, using existing and reasonably avail- fore approving a transportation improve- accordance with applicable Federal law; and able revenues in accordance with the finan- ment program, a metropolitan planning or- ‘‘(B) subject to paragraph (2), certify, not cial plan under paragraph (3). ganization, in cooperation with the State less frequently than once every 4 years, that ‘‘(B) DESCRIPTIONS.—Each project described and any affected public transportation oper- the requirements of subparagraph (A) are in the transportation improvement program ator, shall provide an opportunity for par- met with respect to the metropolitan trans- shall include sufficient descriptive material ticipation by interested parties in the devel- portation planning process. (such as type of work, termini, length, and opment of the transportation improvement ‘‘(2) REQUIREMENTS FOR CERTIFICATION.— other similar factors) to identify the project program, in accordance with subsection The Secretary may make a certification or phase of the project and the effect that (h)(4). under paragraph (1)(B) if— the project or project phase will have in ad- ‘‘(6) SELECTION OF PROJECTS.— ‘‘(A) the metropolitan transportation plan- dressing the targets described in subsection ‘‘(A) IN GENERAL.—Each tier I MPO and ning process complies with the requirements (h)(2). tier II MPO shall select projects carried out of this section and other applicable Federal ‘‘(C) PERFORMANCE TARGET ACHIEVEMENT.— within the boundaries of the applicable met- law; and The transportation improvement program ropolitan planning area from the transpor- ‘‘(B) a transportation improvement pro- shall include, to the maximum extent prac- tation improvement program, in consulta- gram for the metropolitan planning area has ticable, a description of the anticipated ef- tion with the relevant State and on concur- been approved by the relevant metropolitan fect of the transportation improvement pro- rence of the affected facility owner, for funds planning organization and Governor. gram on attainment of the performance tar- apportioned to the State under section ‘‘(3) DELEGATION OF AUTHORITY.—The Sec- gets established in the metropolitan trans- 104(b)(2) and suballocated to the metropoli- retary may— portation plan, linking investment priorities tan planning area under section 133(d). ‘‘(A) delegate to the appropriate State fact-finding authority regarding the certifi- to those performance targets. ‘‘(B) CMAQ PROJECTS.—Each tier I MPO ‘‘(D) ILLUSTRATIVE LIST OF PROJECTS.—In shall select projects carried out within the cation of a tier II MPO under this sub- section; and developing a transportation improvement boundaries of the applicable metropolitan ‘‘(B) make the certification under para- program, an optional illustrative list of planning area from the transportation im- graph (1) in consultation with the State. projects may be prepared containing addi- provement program, in consultation with the ‘‘(4) EFFECT OF FAILURE TO CERTIFY.— tional investment priorities that— relevant State and on concurrence of the af- ‘‘(A) WITHHOLDING OF PROJECT FUNDS.—If a ‘‘(i) are not included in the transportation fected facility owner, for funds apportioned metropolitan transportation planning proc- improvement program; but to the State under section 104(b)(4) and sub- ‘‘(ii) would be so included if resources in ess of a metropolitan planning organization allocated to the metropolitan planning area addition to the resources identified in the fi- is not certified under paragraph (1), the Sec- under section 149(j). nancial plan under paragraph (3) were avail- retary may withhold up to 20 percent of the ‘‘(C) MODIFICATIONS TO PROJECT PRIORITY.— able. funds attributable to the metropolitan plan- Notwithstanding any other provision of law, ‘‘(3) FINANCIAL PLAN.—A financial plan re- ning area of the metropolitan planning orga- approval by the Secretary shall not be re- ferred to in paragraph (2)(D)(ii) shall— nization for projects funded under this title quired to carry out a project included in a ‘‘(A) be prepared by each metropolitan and chapter 53 of title 49. transportation improvement program in planning organization to support the trans- ‘‘(B) RESTORATION OF WITHHELD FUNDS.— place of another project in the transpor- portation improvement program; and Any funds withheld under subparagraph (A) tation improvement program. ‘‘(B) contain a description of each of the shall be restored to the metropolitan plan- UBLICATION.— following: ‘‘(7) P ning area on the date of certification of the ‘‘(i) Projected resource requirements for ‘‘(A) IN GENERAL.—A transportation im- metropolitan transportation planning proc- implementing projects, strategies, and serv- provement program shall be published or ess by the Secretary. otherwise made readily available by the ap- ices recommended in the transportation im- ‘‘(5) PUBLIC INVOLVEMENT.—In making a de- provement program, including existing and plicable metropolitan planning organization termination regarding certification under projected system operating and maintenance for public review in electronically accessible this subsection, the Secretary shall provide needs, proposed enhancement and expansions formats and means, such as the Internet. for public involvement appropriate to the to the system, projected available revenue ‘‘(B) ANNUAL LIST OF PROJECTS.—An annual metropolitan planning area under review. from Federal, State, local, and private list of projects, including investments in pe- ‘‘(m) PERFORMANCE-BASED PLANNING PROC- sources, and innovative financing techniques destrian walkways, bicycle transportation ESSES EVALUATION.— to finance projects and programs. facilities, and intermodal facilities that sup- ‘‘(1) IN GENERAL.—The Secretary shall es- ‘‘(ii) The projected difference between port intercity transportation, for which Fed- tablish criteria to evaluate the effectiveness costs and revenues, and strategies for secur- eral funds have been obligated during the of the performance-based planning processes ing additional new revenue (such as by cap- preceding fiscal year shall be published or of metropolitan planning organizations ture of some of the economic value created otherwise made available by the cooperative under this section, taking into consideration by any new investment). effort of the State, transit operator, and the following: ‘‘(iii) Estimates of future funds, to be de- metropolitan planning organization in elec- ‘‘(A) The extent to which the metropolitan veloped cooperatively by the metropolitan tronically accessible formats and means, planning organization has achieved, or is planning organization, any public transpor- such as the Internet, in a manner that is currently making substantial progress to- tation agency, and the State, that are rea- consistent with the categories identified in ward achieving, the targets specified in sub- sonably expected to be available to support the relevant transportation improvement section (h)(2), taking into account whether the investment priorities recommended in program. the metropolitan planning organization de- the transportation improvement program. ‘‘(k) PLANNING REQUIREMENTS FOR TIER II veloped meaningful performance targets. ‘‘(iv) Each applicable project, only if full MPOS.— ‘‘(B) The extent to which the metropolitan funding can reasonably be anticipated to be ‘‘(1) IN GENERAL.—The Secretary may pro- planning organization has used proven best available for the project within the time pe- vide for the performance-based development practices that help ensure transportation in- riod contemplated for completion of the of a metropolitan transportation plan and vestment that is efficient and cost-effective. project. transportation improvement program for the ‘‘(C) The extent to which the metropolitan ‘‘(4) INCLUDED PROJECTS.— metropolitan planning area of a tier II MPO, planning organization— ‘‘(A) PROJECTS UNDER THIS TITLE AND CHAP- as the Secretary determines to be appro- ‘‘(i) has developed an investment process TER 53 OF TITLE 49.—A transportation im- priate, taking into account— that relies on public input and awareness to provement program developed under this ‘‘(A) the complexity of transportation ensure that investments are transparent and subsection for a metropolitan area shall in- needs in the area; and accountable; and clude a description of the projects within the ‘‘(B) the technical capacity of the metro- ‘‘(ii) provides regular reports allowing the area that are proposed for funding under politan planning organization. public to access the information being col- chapter 1 of this title and chapter 53 of title ‘‘(2) EVALUATION OF PERFORMANCE-BASED lected in a format that allows the public to 49. PLANNING.—In reviewing a tier II MPO under meaningfully assess the performance of the ‘‘(B) PROJECTS UNDER CHAPTER 2.— subsection (m), the Secretary shall take into metropolitan planning organization. ‘‘(i) REGIONALLY SIGNIFICANT.—Each re- consideration the effectiveness of the tier II ‘‘(2) REPORT.— gionally significant project proposed for MPO in implementing and maintaining a ‘‘(A) IN GENERAL.—Not later than 5 years funding under chapter 2 shall be identified performance-based planning process that— after the date of enactment of the MAP–21, individually in the transportation improve- ‘‘(A) addresses the targets described in sub- the Secretary shall submit to Congress a re- ment program. section (h)(2); and port evaluating—

VerDate Mar 15 2010 05:24 Jun 04, 2013 Jkt 099060 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 J:\CRONLINE\2000-THRU-2012-ONLINE-CORRECTIONS\2012 RECORD ONLINE CORREC bjneal on DSK2TWX8P1PROD with S454 CONGRESSIONAL RECORD — SENATE February 9, 2012 ‘‘(i) the overall effectiveness of perform- ‘‘§ 135. Statewide and nonmetropolitan trans- ‘‘(D) develop the transportation portion of the ance-based planning as a tool for guiding portation planning State implementation plan as required by the transportation investments; and ‘‘(a) STATEWIDE TRANSPORTATION PLANS Clean Air Act (42 U.S.C. 7401 et seq.). ‘‘(ii) the effectiveness of the performance- AND STIPS.— ‘‘(2) MULTISTATE AREAS.— based planning process of each metropolitan ‘‘(1) DEVELOPMENT.— ‘‘(A) IN GENERAL.—The Secretary shall en- planning organization under this section. ‘‘(A) IN GENERAL.—To accomplish the pol- courage each Governor with responsibility ‘‘(B) PUBLICATION.—The report under sub- icy objectives described in section 134(a), for a portion of a multistate metropolitan paragraph (A) shall be published or otherwise each State shall develop a statewide trans- planning area and the appropriate metropoli- made available in electronically accessible portation plan and a statewide transpor- tan planning organizations to provide coordi- formats and means, including on the Inter- tation improvement program for all areas of nated transportation planning for the entire net. the State in accordance with this section. metropolitan area. ‘‘(n) ADDITIONAL REQUIREMENTS FOR CER- ‘‘(B) INCORPORATION OF METROPOLITAN ‘‘(B) COORDINATION ALONG DESIGNATED TAIN NONATTAINMENT AREAS.— TRANSPORTATION PLANS AND TIPS.—Each TRANSPORTATION CORRIDORS.—The Secretary ‘‘(1) IN GENERAL.—Notwithstanding any State shall incorporate in the statewide shall encourage each Governor with respon- other provision of this title or chapter 53 of transportation plan and statewide transpor- sibility for a portion of a multistate trans- title 49, Federal funds may not be advanced tation improvement program, without portation corridor to provide coordinated in any metropolitan planning area classified change or by reference, the metropolitan transportation planning for the entire des- as a nonattainment area or maintenance transportation plans and transportation im- ignated corridor. area for any highway project that will result provement programs, respectively, for each ‘‘(C) INTERSTATE COMPACTS.—For purposes in a significant increase in the carrying ca- metropolitan planning area in the State. of this section, any 2 or more States— pacity for single-occupant vehicles, unless ‘‘(C) NONMETROPOLITAN AREAS.—Each State ‘‘(i) may enter into compacts, agreements, the owner or operator of the project dem- shall øcoordinate¿ consult with local officials or organizations not in conflict with any onstrates that the project will achieve or in small urbanized and nonurbanized areas of Federal law for cooperative efforts and mu- make substantial progress toward achieving the State in preparing the nonmetropolitan tual assistance in support of activities au- the targets described in subsection (h)(2). portions of statewide transportation plans thorized under this section, as the activities ‘‘(2) APPLICABILITY.—This subsection ap- and statewide transportation improvement relate to interstate areas and localities with- plies to any nonattainment area or mainte- programs. in the States; ‘‘(ii) may establish such agencies (joint or nance area within the boundaries of a metro- ‘‘(2) CONTENTS.—The statewide transpor- politan planning area, as determined under tation plan and statewide transportation im- otherwise) as the States determine to be ap- subsection (c). provement program developed for each State propriate for ensuring the effectiveness of the agreements and compacts; and ‘‘(o) EFFECT OF SECTION.—Nothing in this shall provide for the development and inte- section provides to any metropolitan plan- grated management and operation of trans- ‘‘(iii) are encouraged to enter into such compacts, agreements, or organizations as ning organization the authority to impose portation systems and facilities (including are appropriate to develop planning docu- any legal requirement on any transportation accessible pedestrian walkways, bicycle ments in support of intercity or multistate facility, provider, or project not subject to transportation facilities, and intermodal fa- area projects, facilities, and services, the rel- the requirements of this title or chapter 53 of cilities that support intercity transpor- evant components of which shall be reflected title 49. tation) that will function as— in statewide transportation improvement ‘‘(p) FUNDING.—Funds apportioned under ‘‘(A) an intermodal transportation system programs and statewide transportation section 104(b)(6) of this title and set aside for the State; and plans. under section 5305(g) of title 49 shall be avail- ‘‘(B) an integral part of an intermodal ‘‘(D) RESERVATION OF RIGHTS.—The right to able to carry out this section. transportation system for the United States. alter, amend, or repeal any interstate com- ‘‘(q) CONTINUATION OF CURRENT REVIEW ‘‘(3) PROCESS.—The process for developing pact or agreement entered into under this PRACTICE.— the statewide transportation plan and state- subsection is expressly reserved. ‘‘(1) IN GENERAL.—In consideration of the wide transportation improvement program ‘‘(c) RELATIONSHIP WITH OTHER PLANNING factors described in paragraph (2), any deci- shall— OFFICIALS.— sion by the Secretary concerning a metro- ‘‘(A) provide for consideration of all modes ‘‘(1) IN GENERAL.—The Secretary shall en- politan transportation plan or transpor- of transportation; and courage each State to cooperate with Fed- tation improvement program shall not be ‘‘(B) be continuing, cooperative, and com- eral, tribal, State, and local officers and en- considered to be a Federal action subject to prehensive to the degree appropriate, based tities responsible for other types of planning review under the National Environmental on the complexity of the transportation activities that are affected by transportation Policy Act of 1969 (42 U.S.C. 4321 et seq.). needs to be addressed. in the relevant area (including planned ø ‘‘(2) DESCRIPTION OF FACTORS.—The factors ‘‘(b) COORDINATION.— growth, economic development, infrastruc- referred to in paragraph (1) are that— ‘‘(1) IN GENERAL.—Each State shall— ture services, housing, other public services, ‘‘(A) metropolitan transportation plans ‘‘(A) coordinate planning carried out under environmental protection, airport oper- and transportation improvement programs this section with— ations, high-speed and intercity passenger are subject to a reasonable opportunity for ‘‘(i) the transportation planning activities rail, freight rail, port access, and freight public comment; carried out under section 134 for metropoli- movements), to the maximum extent prac- ‘‘(B) the projects included in metropolitan tan areas of the State; and ticable, to ensure that the statewide and transportation plans and transportation im- ‘‘(ii) statewide trade and economic devel- nonmetropolitan planning process, statewide provement programs are subject to review opment planning activities and related transportation plans, and statewide trans- under the National Environmental Policy multistate planning efforts; portation improvement programs are devel- Act of 1969 (42 U.S.C. 4321 et seq.); and ‘‘(B) coordinate planning carried out under oped with due consideration for other related ‘‘(C) decisions by the Secretary concerning this section with the transportation plan- planning activities in the State. ning activities carried out by each non- metropolitan transportation plans and trans- ‘‘(2) INCLUSION.—Cooperation under para- portation improvement programs have not metropolitan planning organization in the graph (1) shall include the design and deliv- been reviewed under the National Environ- State, as applicable; and ery of transportation services within the mental Policy Act of 1969 (42 U.S.C. 4321 et ‘‘(C) develop the transportation portion of State that are provided by— seq.) as of January 1, 1997. the State implementation plan as required ‘‘(A) recipients of assistance under sections ¿ ‘‘(r) SCHEDULE FOR IMPLEMENTATION.—The by the Clean Air Act (42 U.S.C. 7401 et seq.). 202, 203, and 204; ‘‘(b) COORDINATION AND CONSULTATION.— Secretary shall issue guidance on a schedule for ‘‘(B) recipients of assistance under chapter implementation of the changes made by this sec- ‘‘(1) IN GENERAL.—Each State shall— ‘‘(A) coordinate planning carried out under 53 of title 49; tion, taking into consideration the established this section with— ‘‘(C) government agencies and nonprofit or- planning update cycle for metropolitan plan- ‘‘(i) the transportation planning activities car- ganizations (including representatives of the ning organizations. The Secretary shall not re- ried out under section 134 for metropolitan areas agencies and organizations) that receive quire a metropolitan planning organization to of the State; and Federal assistance from a source other than deviate from its established planning update ‘‘(ii) statewide trade and economic develop- the Department of Transportation to provide cycle to implement changes made by this section. ment planning activities and related multistate nonemergency transportation services; and Metropolitan planning organizations shall re- planning efforts; ‘‘(D) sponsors of regionally significant pro- flect changes made to their transportation plan ‘‘(B) coordinate planning carried out under grams, projects, and services that are related or transportation improvement program updates this section with the transportation planning to transportation and receive assistance by 2 years after the date of issuance of guidance activities carried out by each nonmetropolitan from any public or private source. by the Secretary.’’. planning organization in the State, as applica- ‘‘(d) SCOPE OF PLANNING PROCESS.— SEC. 1202. STATEWIDE AND NONMETROPOLITAN ble; ‘‘(1) IN GENERAL.—The statewide transpor- TRANSPORTATION PLANNING. ‘‘(C) consult on planning carried out under tation planning process for a State under (a) IN GENERAL.—Section 135 of title 23, this section with the transportation planning this section shall provide for consideration United States Code, is amended to read as activities carried out by each rural planning or- of projects, strategies, and services that follows: ganization in the State, as applicable; and will—

VerDate Mar 15 2010 05:24 Jun 04, 2013 Jkt 099060 PO 00000 Frm 00060 Fmt 4624 Sfmt 0634 J:\CRONLINE\2000-THRU-2012-ONLINE-CORRECTIONS\2012 RECORD ONLINE CORREC bjneal on DSK2TWX8P1PROD with February 9, 2012 CONGRESSIONAL RECORD — SENATE S455 ‘‘(A) support the economic vitality of the wide transportation plan and statewide structure permitting, environmental protec- United States, the State, nonmetropolitan transportation improvement program. tion, conservation, and historic preservation. areas, and metropolitan areas, especially by ‘‘(B) METHODS.—In carrying out subpara- ‘‘(B) COMPARISON AND CONSIDERATION.— enabling global competitiveness, produc- graph (A), the State shall, to the maximum Consultation under subparagraph (A) shall tivity, and efficiency; extent practicable— involve the comparison of statewide trans- ‘‘(B) increase the safety of the transpor- ‘‘(i) develop the statewide transportation portation plans to, as available— tation system for motorized and non- plan and statewide transportation improve- ‘‘(i) Federal, tribal, State, and local con- motorized users; ment program in consultation with inter- servation plans or maps; and ‘‘(C) increase the security of the transpor- ested parties, as appropriate, including by ‘‘(ii) inventories of natural or historic re- tation system for motorized and non- the formation of advisory groups representa- sources. motorized users; tive of the State and interested parties that ‘‘(f) STATEWIDE TRANSPORTATION PLAN.— ‘‘(D) increase the accessibility and mobil- participate in the development of the state- ‘‘(1) DEVELOPMENT.— ity of individuals and freight; wide transportation plan and statewide ‘‘(A) IN GENERAL.—Each State shall develop ‘‘(E) protect and enhance the environment, transportation improvement program; a statewide transportation plan, the forecast promote energy conservation, improve the ‘‘(ii) hold any public meetings at times and period of which shall be not less than 20 quality of life, and promote consistency be- locations that are, as applicable— years for all areas of the State, that provides tween transportation improvements and ‘‘(I) convenient; and for the development and implementation of State and local planned growth and eco- ‘‘(II) in compliance with the Americans the intermodal transportation system of the nomic development patterns; with Disabilities Act of 1990 (42 U.S.C. 12101 State. ‘‘(F) enhance the integration and et seq.); ‘‘(B) INITIAL PERIOD.—A statewide trans- connectivity of the transportation system, ‘‘(iii) employ visualization techniques to portation plan shall include, at a minimum, across and between modes, for individuals describe statewide transportation plans and for the first 10-year period of the statewide and freight; statewide transportation improvement pro- transportation plan, the identification of ex- ‘‘(G) increase efficient system management grams; and isting and future transportation facilities and operation; and ‘‘(iv) make public information available in that will function as an integrated statewide ‘‘(H) emphasize the preservation of the ex- appropriate electronically accessible formats transportation system, giving emphasis to isting transportation system. and means, such as the Internet, to afford those facilities that serve important na- ‘‘(2) PERFORMANCE-BASED APPROACH.— reasonable opportunity for consideration of tional, statewide, and regional transpor- tation functions. ‘‘(A) IN GENERAL.—The statewide transpor- public information under subparagraph (A). tation planning process shall provide for the ‘‘(C) SUBSEQUENT PERIOD.—For the second establishment and use of a performance- ‘‘(e) COORDINATION AND CONSULTATION.— 10-year period of the statewide transpor- based approach to transportation decision- ‘‘(1) METROPOLITAN AREAS.— tation plan (referred to in this subsection as making to support the national goals de- ‘‘(A) IN GENERAL.—Each State shall develop the ‘outer years period’), a statewide trans- scribed in section 150(b). a statewide transportation plan and state- portation plan— ‘‘(B) PERFORMANCE TARGETS.— wide transportation improvement program ‘‘(i) may include identification of future ‘‘(i) IN GENERAL.—Each State shall estab- for each metropolitan area in the State by transportation facilities; and lish performance targets that address the incorporating, without change or by ref- ‘‘(ii) shall describe the policies and strate- performance measures described in sections erence, at a minimum, as prepared by each gies that provide for the development and 119(f), 148(h), ø149(k),¿ and 167(i) to use in metropolitan planning organization des- implementation of the intermodal transpor- tracking attainment of critical outcomes for ignated for the metropolitan area under sec- tation system of the State. the region of the State. tion 134— ‘‘(D) OTHER REQUIREMENTS.—A statewide ‘‘(ii) COORDINATION.—Selection of perform- ‘‘(i) all regionally significant projects to be transportation plan shall— ance targets by a State shall be coordinated carried out during the 10-year period begin- ‘‘(i) include, for the 20-year period covered with relevant metropolitan planning organi- ning on the effective date of the relevant ex- by the statewide transportation plan, a de- zations to ensure consistency, to the max- isting metropolitan transportation plan; and scription of— imum extent practicable. ‘‘(ii) all projects to be carried out during ‘‘(I) the projected aggregate cost of ‘‘(C) INTEGRATION OF OTHER PERFORMANCE- the 4-year period beginning on the effective projects anticipated by a State to be imple- BASED PLANS.—A State shall integrate into date of the relevant transportation improve- mented; and the statewide transportation planning proc- ment program. ‘‘(II) the revenues necessary to support the ess, directly or by reference, the goals, objec- ‘‘(B) PROJECTED COSTS.—Each metropolitan projects; tives, performance measures, and targets de- planning organization shall provide to each ‘‘(ii) include, in such form as the Secretary scribed in this paragraph in other State applicable State a description of the pro- determines to be appropriate, a description plans and processes required as part of a per- jected costs of implementing the projects in- of— formance-based program, including plans cluded in the metropolitan transportation ‘‘(I) the existing transportation infrastruc- such as— plan of the metropolitan planning organiza- ture, including an identification of high- ‘‘(i) the State National Highway System tion for purposes of long-range financial ways, local streets and roads, bicycle and pe- asset management plan; planning and fiscal constraint. destrian facilities, transit facilities and serv- ‘‘(ii) the State strategic highway safety ‘‘(2) NONMETROPOLITAN AREAS.—With re- ices, commuter rail facilities and services, plan; and spect to nonmetropolitan areas in a State, high-speed and intercity passenger rail fa- ø‘‘(iii) the congestion mitigation and air the statewide transportation plan and state- cilities and services, freight facilities (in- quality performance plan; and wide transportation improvement program cluding freight railroad and port facilities), ‘‘(iv)¿(iii) the national freight strategic of the State shall be developed in øcoordina- multimodal and intermodal facilities, and plan. tion¿ consultation with affected nonmetro- intermodal connectors that, evaluated in the ‘‘(D) USE OF PERFORMANCE MEASURES AND politan local officials with responsibility for aggregate, function as an integrated trans- TARGETS.—The performance measures and transportation. portation system; targets established under this paragraph ‘‘(3) INDIAN TRIBAL AREAS.—With respect to ‘‘(II) the performance measures and per- shall be used, at a minimum, by a State as each area of a State under the jurisdiction of formance targets used in assessing the exist- the basis for development of policies, pro- an Indian tribe, the statewide transportation ing and future performance of the transpor- grams, and investment priorities reflected in plan and statewide transportation improve- tation system described in subsection (d)(2); the statewide transportation plan and state- ment program of the State shall be devel- ‘‘(III) the current and projected future wide transportation improvement program. oped in consultation with— usage of the transportation system, includ- ‘‘(3) FAILURE TO CONSIDER FACTORS.—The ‘‘(A) the tribal government; and ing, to the maximum extent practicable, an failure to take into consideration 1 or more ‘‘(B) the Secretary of the Interior. identification of existing or planned trans- of the factors specified in paragraphs (1) and ‘‘(4) FEDERAL LAND MANAGEMENT AGEN- portation rights-of-way, corridors, facilities, (2) shall not be subject to review by any CIES.—With respect to each area of a State and related real properties; court under this title, chapter 53 of title 49, under the jurisdiction of a Federal land man- ‘‘(IV) a system performance report evalu- subchapter II of chapter 5 of title 5, or chap- agement agency, the statewide transpor- ating the existing and future condition and ter 7 of title 5 in any matter affecting a tation plan and statewide transportation im- performance of the transportation system statewide transportation plan, a statewide provement program of the State shall be de- with respect to the performance targets de- transportation improvement program, a veloped in consultation with the relevant scribed in subsection (d)(2) and updates to project or strategy, or the certification of a Federal land management agency. subsequent system performance reports, in- planning process. ‘‘(5) CONSULTATION, COMPARISON, AND CON- cluding— ‘‘(4) PARTICIPATION BY INTERESTED PAR- SIDERATION.— ‘‘(aa) progress achieved by the State in TIES.— ‘‘(A) IN GENERAL.—A statewide transpor- meeting performance targets, as compared ‘‘(A) IN GENERAL.—Each State shall provide tation plan shall be developed, as appro- to system performance recorded in previous to affected individuals, public agencies, and priate, in consultation with Federal, tribal, reports; and other interested parties notice and a reason- State, and local agencies responsible for land ‘‘(bb) an accounting of the performance by able opportunity to comment on the state- use management, natural resources, infra- the State on outlay of obligated project

VerDate Mar 15 2010 05:24 Jun 04, 2013 Jkt 099060 PO 00000 Frm 00061 Fmt 4624 Sfmt 0634 J:\CRONLINE\2000-THRU-2012-ONLINE-CORRECTIONS\2012 RECORD ONLINE CORREC bjneal on DSK2TWX8P1PROD with S456 CONGRESSIONAL RECORD — SENATE February 9, 2012 funds and delivery of projects that have available for the project within the time pe- politan planning organization under section reached substantial completion, in relation riod contemplated for completion of the 134, without change. to the projects currently on the statewide project. ‘‘(iii) PROJECTS.—Each project included in transportation improvement program and ‘‘(v) For the outer years period of the a statewide transportation improvement pro- those projects that have been removed from statewide transportation plan, a description gram shall be— the previous statewide transportation im- of the aggregate cost ranges or bands, sub- ‘‘(I) consistent with the statewide trans- provement program; ject to the condition that any future funding portation plan developed under this section ‘‘(V) recommended strategies and invest- source shall be reasonably expected to be for the State; ments for improving system performance available to support the projected cost ‘‘(II) identical to a project or phase of a over the planning horizon, including trans- ranges or bands. project described in a relevant transpor- portation systems management and oper- ‘‘(3) COORDINATION WITH CLEAN AIR ACT tation improvement program; and ations strategies, maintenance strategies, AGENCIES.—For any nonmetropolitan area ‘‘(III) for any project located in a non- demand management strategies, asset man- that is a nonattainment area or maintenance attainment area or maintenance area, car- agement strategies, capacity and enhance- area, the State shall coordinate the develop- ried out in accordance with the applicable ment investments, land use improvements, ment of the statewide transportation plan State air quality implementation plan devel- intelligent transportation systems deploy- with the process for development of the oped under the Clean Air Act (42 U.S.C. 7401 ment and technology adoption strategies as transportation control measures of the State et seq.). determined by the projected support of tar- implementation plan required by the Clean ‘‘(2) CONTENTS.— gets described in subsection (d)(2); Air Act (42 U.S.C. 7401 et seq.). ‘‘(A) PRIORITY LIST.—A statewide transpor- ‘‘(VI) recommended strategies and invest- ‘‘(4) PUBLICATION.—A statewide transpor- tation improvement program shall include a ments to improve and integrate disability- tation plan involving Federal and non-Fed- priority list of proposed federally supported related access to transportation infrastruc- eral participation programs, projects, and projects and strategies, to be carried out ture; strategies shall be published or otherwise during the 4-year period beginning on the ‘‘(VII) investment priorities for using pro- made readily available by the State for pub- date of adoption of the statewide transpor- jected available and proposed revenues over lic review, including (to the maximum ex- tation improvement program, and during the short- and long-term stages of the plan- tent practicable) in electronically accessible each 4-year period thereafter, using existing ning horizon, in accordance with the finan- formats and means, such as the Internet, in and reasonably available revenues in accord- cial plan required under paragraph (2); such manner as the Secretary shall require. ance with the financial plan under paragraph ‘‘(VIII) a description of interstate com- ‘‘(5) SELECTION OF PROJECTS FROM ILLUS- (3). pacts entered into in order to promote co- TRATIVE LIST.—Notwithstanding paragraph ‘‘(B) DESCRIPTIONS.—Each project or phase ordinated transportation planning in (2), a State shall not be required to select of a project included in a statewide transpor- multistate areas, if applicable; any project from the illustrative list of addi- tation improvement program shall include ‘‘(IX) an optional illustrative list of tional projects included in the statewide sufficient descriptive material (such as type projects containing investments that— transportation plan under paragraph of work, termini, length, estimated comple- ‘‘(aa) are not included in the statewide (1)(D)(ii)(IX). tion date, and other similar factors) to iden- transportation plan; but ‘‘(6) USE OF POLICY PLANS.—Notwithstanding tify— ‘‘(bb) would be so included if resources in any other provision of this section, a State that ‘‘(i) the project or project phase; and addition to the resources identified in the fi- has in effect, as of the date of enactment of the ‘‘(ii) the effect that the project or project nancial plan under paragraph (2) were avail- MAP-21, a statewide transportation plan that phase will have in addressing the targets de- able; follows a policy plan approach— scribed in subsection (d)(2). ‘‘(X) a discussion (developed in consulta- ‘‘(A) may, for 4 years after the date of enact- ‘‘(C) PERFORMANCE TARGET ACHIEVEMENT.— tion with Federal, State, and tribal wildlife, ment of the MAP–21, continue to use a policy A statewide transportation improvement land management, and regulatory agencies) plan approach to the statewide transportation program shall include, to the maximum ex- of types of potential environmental and plan; and tent practicable, a discussion of the antici- stormwater mitigation activities and poten- ‘‘(B) shall be subject to the requirements of pated effect of the statewide transportation tial areas to carry out those activities, in- this subsection only to the extent that such re- improvement program toward achieving the cluding activities that may have the great- quirements were applicable under this section performance targets established in the state- est potential to restore and maintain the en- (as in effect on the day before the date of enact- wide transportation plan, linking investment vironmental functions affected by the state- ment of the MAP-21). priorities to those performance targets. wide transportation plan; and ‘‘(g) STATEWIDE TRANSPORTATION IMPROVE- ‘‘(D) ILLUSTRATIVE LIST OF PROJECTS.—An ‘‘(XI) recommended strategies and invest- MENT PROGRAMS.— optional illustrative list of projects may be ments, including those developed by the ‘‘(1) DEVELOPMENT.— prepared containing additional investment State as part of interstate compacts, agree- ‘‘(A) IN GENERAL.—In øcooperation¿ con- priorities that— ments, or organizations, that support inter- sultation with nonmetropolitan officials with ‘‘(i) are not included in the statewide city transportation; and responsibility for transportation and af- transportation improvement program; but ‘‘(iii) be updated by the State not less fre- fected public transportation operators, the ‘‘(ii) would be so included if resources in quently than once every 5 years. State shall develop a statewide transpor- addition to the resources identified in the fi- ‘‘(2) FINANCIAL PLAN.—A financial plan re- tation improvement program for the State nancial plan under paragraph (3) were avail- ferred to in paragraph (1)(D)(ii)(VII) shall— that— able. ‘‘(A) be prepared by each State to support ‘‘(i) includes projects consistent with the ‘‘(3) FINANCIAL PLAN.—A financial plan re- the statewide transportation plan; and statewide transportation plan; ferred to in paragraph (2)(A) shall— ‘‘(B) contain a description of each of the ‘‘(ii) reflects the investment priorities es- ‘‘(A) be prepared by each State to support following: tablished in the statewide transportation the statewide transportation improvement ‘‘(i) Projected resource requirements dur- plan; and program; and ing the 20-year planning horizon for imple- ‘‘(iii) once implemented, makes significant ‘‘(B) contain a description of each of the menting projects, strategies, and services progress toward achieving the targets de- following: recommended in the statewide transpor- scribed in subsection (d)(2). ‘‘(i) Projected resource requirements for tation plan, including existing and projected ‘‘(B) OPPORTUNITY FOR PARTICIPATION.—In implementing projects, strategies, and serv- system operating and maintenance needs, developing a statewide transportation im- ices recommended in the statewide transpor- proposed enhancement and expansions to the provement program, the State, in coopera- tation improvement program, including ex- system, projected available revenue from tion with affected public transportation op- isting and projected system operating and Federal, State, local, and private sources, erators, shall provide an opportunity for par- maintenance needs, proposed enhancement and innovative financing techniques to fi- ticipation by interested parties in the devel- and expansions to the system, projected nance projects and programs. opment of the statewide transportation im- available revenue from Federal, State, local, ‘‘(ii) The projected difference between provement program, in accordance with sub- and private sources, and innovative financ- costs and revenues, and strategies for secur- section (e). ing techniques to finance projects and pro- ing additional new revenue (such as by cap- ‘‘(C) OTHER REQUIREMENTS.— grams. ture of some of the economic value created ‘‘(i) IN GENERAL.—A statewide transpor- ‘‘(ii) The projected difference between by any new investment). tation improvement program shall— costs and revenues, and strategies for secur- ‘‘(iii) Estimates of future funds, to be de- ‘‘(I) cover a period of not less than 4 years; ing additional new revenue (such as by cap- veloped cooperatively by the State, any pub- and ture of some of the economic value created lic transportation agency, and relevant met- ‘‘(II) be updated not less frequently than by any new investment). ropolitan planning organizations, that are once every 4 years, or more frequently, as ‘‘(iii) Estimates of future funds, to be de- reasonably expected to be available to sup- the Governor determines to be appropriate. veloped cooperatively by the State and rel- port the investment priorities recommended ‘‘(ii) INCORPORATION OF TIPS.—A statewide evant metropolitan planning organizations in the statewide transportation plan. transportation improvement program shall and public transportation agencies, that are ‘‘(iv) Each applicable project, only if full incorporate any relevant transportation im- reasonably expected to be available to sup- funding can reasonably be anticipated to be provement program developed by a metro- port the investment priorities recommended

VerDate Mar 15 2010 05:24 Jun 04, 2013 Jkt 099060 PO 00000 Frm 00062 Fmt 4624 Sfmt 0634 J:\CRONLINE\2000-THRU-2012-ONLINE-CORRECTIONS\2012 RECORD ONLINE CORREC bjneal on DSK2TWX8P1PROD with February 9, 2012 CONGRESSIONAL RECORD — SENATE S457 in the statewide transportation improve- quired to carry out a project included in an under section 5305(g) of title 49 shall be avail- ment program. approved statewide transportation improve- able to carry out this section. ‘‘(iv) Each applicable project, only if full ment program in place of another project in ‘‘(k) CONTINUATION OF CURRENT REVIEW funding can reasonably be anticipated to be the statewide transportation improvement PRACTICE.— available for the project within the time pe- program. ‘‘(1) IN GENERAL.—In consideration of the riod contemplated for completion of the ‘‘(h) CERTIFICATION.— factors described in paragraph (2), any deci- project. ‘‘(1) IN GENERAL.—The Secretary shall— sion by the Secretary concerning a statewide ‘‘(4) INCLUDED PROJECTS.— ‘‘(A) ensure that the statewide transpor- transportation plan or statewide transpor- ‘‘(A) PROJECTS UNDER THIS TITLE AND CHAP- tation planning process of a State is being tation improvement program shall not be TER 53 OF TITLE 49.—A statewide transpor- carried out in accordance with applicable considered to be a Federal action subject to tation improvement program developed Federal law; and review under the National Environmental under this subsection for a State shall in- ‘‘(B) subject to paragraph (2), certify, not Policy Act of 1969 (42 U.S.C. 4321 et seq.). clude the projects within the State that are less frequently than once every 5 years, that ‘‘(2) DESCRIPTION OF FACTORS.—The factors proposed for funding under chapter 1 of this the requirements of subparagraph (A) are referred to in paragraph (1) are that— title and chapter 53 of title 49. met with respect to the statewide transpor- ‘‘(A) statewide transportation plans and ‘‘(B) PROJECTS UNDER CHAPTER 2.— tation planning process. statewide transportation improvement pro- ‘‘(i) REGIONALLY SIGNIFICANT.—Each re- ‘‘(2) REQUIREMENTS FOR CERTIFICATION.— grams are subject to a reasonable oppor- gionally significant project proposed for The Secretary may make a certification tunity for public comment; funding under chapter 2 shall be identified under paragraph (1)(B) if— ‘‘(B) the projects included in statewide individually in the statewide transportation ‘‘(A) the statewide transportation planning transportation plans and statewide transpor- improvement program. process complies with the requirements of tation improvement programs are subject to ‘‘(ii) NONREGIONALLY SIGNIFICANT.—A de- this section and other applicable Federal review under the National Environmental scription of each project proposed for fund- law; and Policy Act of 1969 (42 U.S.C. 4321 et seq.); and ing under chapter 2 that is not determined to ‘‘(B) a statewide transportation improve- ‘‘(C) decisions by the Secretary concerning be regionally significant shall be contained ment program for the State has been ap- statewide transportation plans and statewide in 1 line item or identified individually in proved by the Governor of the State. transportation improvement programs have the statewide transportation improvement ‘‘(3) EFFECT OF FAILURE TO CERTIFY.— not been reviewed under the National Envi- program. ‘‘(A) WITHHOLDING OF PROJECT FUNDS.—If a ronmental Policy Act of 1969 (42 U.S.C. 4321 ‘‘(5) PUBLICATION.— statewide transportation planning process of et seq.) as of January 1, 1997. ‘‘(A) IN GENERAL.—A statewide transpor- a State is not certified under paragraph (1), ‘‘(l) SCHEDULE FOR IMPLEMENTATION.—The tation improvement program shall be pub- the Secretary may withhold up to 20 percent Secretary shall issue guidance on a schedule for lished or otherwise made readily available of the funds attributable to the State for implementation of the changes made by this sec- by the State for public review in electroni- projects funded under this title and chapter tion, taking into consideration the established cally accessible formats and means, such as 53 of title 49. planning update cycle for States. The Secretary the Internet. ‘‘(B) RESTORATION OF WITHHELD FUNDS.— shall not require a State to deviate from its es- ‘‘(B) ANNUAL LIST OF PROJECTS.—An annual Any funds withheld under subparagraph (A) tablished planning update cycle to implement list of projects, including investments in pe- shall be restored to the State on the date of changes made by this section. States shall re- destrian walkways, bicycle transportation certification of the statewide transportation flect changes made to their transportation plan facilities, and intermodal facilities that sup- planning process by the Secretary. or transportation improvement program updates port intercity transportation, for which Fed- ‘‘(4) PUBLIC INVOLVEMENT.—In making a de- by 2 years after the date of issuance of guidance eral funds have been obligated during the termination regarding certification under by the Secretary.’’. preceding fiscal year shall be published or this subsection, the Secretary shall provide (b) CONFORMING AMENDMENT.—The analysis otherwise made available by the cooperative for public involvement appropriate to the for chapter 1 of title 23, United States Code, effort of the State, transit operator, and rel- State under review. is amended by striking the item relating to evant metropolitan planning organizations ‘‘(i) PERFORMANCE-BASED PLANNING PROC- section 135 and inserting the following: in electronically accessible formats and ESSES EVALUATION.— ‘‘135. Statewide and nonmetropolitan trans- means, such as the Internet, in a manner ‘‘(1) IN GENERAL.—The Secretary shall es- portation planning.’’. that is consistent with the categories identi- tablish criteria to evaluate the effectiveness fied in the relevant statewide transportation of the performance-based planning processes SEC. 1203. NATIONAL GOALS. improvement program. of States, taking into consideration the fol- (a) IN GENERAL.—Section 150 of title 23, ‘‘(6) PROJECT SELECTION FOR URBANIZED lowing: United States Code, is amended to read as AREAS WITH POPULATIONS OF FEWER THAN ‘‘(A) The extent to which the State has follows: 200,000 NOT REPRESENTED BY DESIGNATED achieved, or is currently making substantial ‘‘§ 150. National goals MPOS.—Projects carried out in urbanized progress toward achieving, the targets de- ‘‘(a) DECLARATION OF POLICY.—Performance areas with populations of fewer than 200,000 scribed in subsection (d)(2), taking into ac- management will transform the Federal-aid individuals, and that are not represented by count whether the State developed meaning- highway program and provide a means to the designated metropolitan planning organiza- ful performance targets. most efficient investment of Federal trans- tions, shall be selected, from the approved ‘‘(B) The extent to which the State has portation funds by refocusing on national statewide transportation improvement pro- used proven best practices that help ensure transportation goals, increasing the account- gram (including projects carried out on the transportation investment that is efficient ability and transparency of the Federal-aid National Highway System and other projects and cost-effective. highway program, and improving project de- carried out under this title or under sections ‘‘(C) The extent to which the State— cisionmaking through performance-based 5310 and 5311 of title 49) by the State, in co- ‘‘(i) has developed an investment process planning and programming. operation with the affected nonmetropolitan that relies on public input and awareness to ‘‘(b) NATIONAL GOALS.—It is in the interest planning organization, if any exists, and in ensure that investments are transparent and of the United States to focus the Federal-aid consultation with the affected nonmetropoli- accountable; and highway program on the following national tan area local officials with responsibility ‘‘(ii) provides regular reports allowing the goals: for transportation. public to access the information being col- ‘‘(1) SAFETY.—To achieve a significant re- ‘‘(7) APPROVAL BY SECRETARY.— lected in a format that allows the public to duction in traffic fatalities and serious inju- ‘‘(A) IN GENERAL.—Not less frequently than meaningfully assess the performance of the ries on all public roads. once every 4 years, a statewide transpor- State. ‘‘(2) INFRASTRUCTURE CONDITION.—To main- tation improvement program developed ‘‘(2) REPORT.— tain the highway infrastructure asset system under this subsection shall be reviewed and ‘‘(A) IN GENERAL.—Not later than 5 years in a state of good repair. approved by the Secretary, based on the cur- after the date of enactment of the MAP–21, ‘‘(3) SYSTEM RELIABILITY.—To improve the rent planning finding of the Secretary under the Secretary shall submit to Congress a re- efficiency of the surface transportation sys- subparagraph (B). port evaluating— tem. ‘‘(B) PLANNING FINDING.—The Secretary ‘‘(i) the overall effectiveness of perform- ‘‘(4) FREIGHT MOVEMENT AND ECONOMIC VI- shall make a planning finding referred to in ance-based planning as a tool for guiding TALITY.—To improve the national freight subparagraph (A) not less frequently than transportation investments; and network, strengthen the ability of rural once every 5 years regarding whether the ‘‘(ii) the effectiveness of the performance- communities to access national and inter- transportation planning process through based planning process of each State. national trade markets, and support regional which statewide transportation plans and ‘‘(B) PUBLICATION.—The report under sub- economic development. statewide transportation improvement pro- paragraph (A) shall be published or otherwise ‘‘(5) ENVIRONMENTAL SUSTAINABILITY.—To grams are developed is consistent with this made available in electronically accessible enhance the performance of the transpor- section and section 134. formats and means, including on the Inter- tation system while protecting and enhanc- ‘‘(8) MODIFICATIONS TO PROJECT PRIORITY.— net. ing the natural environment.’’. Notwithstanding any other provision of law, ‘‘(j) FUNDING.—Funds apportioned under (b) CONFORMING AMENDMENT.—The analysis approval by the Secretary shall not be re- section 104(b)(6) of this title and set aside for chapter 1 of title 23, United States Code,

VerDate Mar 15 2010 05:24 Jun 04, 2013 Jkt 099060 PO 00000 Frm 00063 Fmt 4624 Sfmt 0634 J:\CRONLINE\2000-THRU-2012-ONLINE-CORRECTIONS\2012 RECORD ONLINE CORREC bjneal on DSK2TWX8P1PROD with S458 CONGRESSIONAL RECORD — SENATE February 9, 2012 is amended by striking the item relating to ronmental Policy Act of 1969 (42 U.S.C. 4321 ‘‘(VI) will be acquired through negotiation, section 150 and inserting the following: et seq.); without the threat of condemnation; and ‘‘150. National goals.’’. (B) allowing the use of the construction ‘‘(VII) will not result in a reduction or Subtitle C—Acceleration of Project Delivery manager or general contractor method of elimination of benefits or assistance to a dis- contracting in the Federal-aid highway sys- placed person required by the Uniform Relo- SEC. 1301. PROJECT DELIVERY INITIATIVE. tem; and cation Assistance and Real Property Acqui- (a) DECLARATION OF POLICY.—It is the pol- icy of the United States that— (C) establishing a demonstration program sition Policies Act of 1970 (42 U.S.C. 4601 et (1) it is in the national interest for the De- to streamline the relocation process by per- seq.) and title VI of the Civil Rights Act of partment, State departments of transpor- mitting a lump-sum payment for acquisition 1964 (42 U.S.C. 2000d et seq.). tation, transit agencies, and all other recipi- and relocation if elected by the displaced oc- ‘‘(B) DEVELOPMENT.—Real property inter- ents of Federal transportation funds— cupant. ests acquired under this subsection may not (A) to accelerate project delivery and re- SEC. 1302. CLARIFIED ELIGIBILITY FOR EARLY be developed in anticipation of a project duce costs; and ACQUISITION ACTIVITIES PRIOR TO until all required environmental reviews for (B) to ensure that the planning, design, en- COMPLETION OF NEPA REVIEW. the project have been completed. gineering, construction, and financing of (a) IN GENERAL.—The acquisition of real ‘‘(C) REIMBURSEMENT.—If Federal-aid reim- transportation projects is done in an effi- property in anticipation of a federally as- bursement is made for real property inter- cient and effective manner, promoting ac- sisted or approved surface transportation ests acquired early under this section and countability for public investments and en- project that may use the property shall not the real property interests are not subse- couraging greater private sector involve- be prohibited prior to the completion of re- quently incorporated into a project eligible ment in project financing and delivery while views of the surface transportation project for surface transportation funds within the enhancing safety and protecting the environ- under the National Environmental Policy time allowed by subsection (a)(2), the Sec- ment; Act of 1969 (42 U.S.C. 4321 et seq.) if the ac- retary shall offset the amount reimbursed (2) delay in the delivery of transportation quisition does not— against funds apportioned to the State. projects increases project costs, harms the (1) have an adverse environmental effect; ‘‘(D) OTHER CONDITIONS.—The Secretary economy of the United States, and impedes or may establish such other conditions or re- the travel of the people of the United States (2)(A) limit the choice of reasonable alter- strictions on acquisitions as the Secretary and the shipment of goods for the conduct of natives for the proposed project; or determines to be appropriate.’’. commerce; and (B) prevent the lead agency from making SEC. 1303. EFFICIENCIES IN CONTRACTING. (3) the Secretary shall identify and pro- an impartial decision as to whether to select (a) AUTHORITY.—Section 112(b) of title 23, mote the deployment of innovation aimed at an alternative that is being considered dur- United States Code, is amended by adding at reducing the time and money required to de- ing the environmental review process. the end the following: liver transportation projects while enhanc- (b) EARLY ACQUISITION OF REAL PROPERTY ‘‘(4) CONSTRUCTION MANAGER; GENERAL CON- ing safety and protecting the environment. INTERESTS FOR HIGHWAYS.—Section 108 of TRACTOR.— (b) ESTABLISHMENT OF INITIATIVE.— title 23, United States Code, is amended— ‘‘(A) PROCEDURE.— (1) IN GENERAL.—To advance the policy de- (1) in the section heading by inserting ‘‘in- ‘‘(i) IN GENERAL.—A contracting agency scribed in subsection (a), the Secretary shall terests’’ after ‘‘real property’’; may award a 2-phase contract to a construc- carry out a project delivery initiative under (2) in subsection (a) by inserting ‘‘inter- tion manager or general contractor for this section. ests’’ after ‘‘real property’’ each place it ap- preconstruction and construction services. (2) PURPOSES.—The purposes of the project pears; and ‘‘(ii) PRECONSTRUCTION PHASE.—In the delivery initiative shall be— (3) in subsection (c)— preconstruction phase of a contract under (A) to develop and advance the use of best (A) in the subsection heading by striking this subparagraph, the construction manager practices to accelerate project delivery and ‘‘RIGHTS-OF-WAY’’ and inserting ‘‘REAL PROP- shall provide the contracting agency with reduce costs across all modes of transpor- ERTY INTERESTS’’; advice relating to scheduling, work sequenc- tation and expedite the deployment of tech- (B) in paragraph (1)— ing, cost engineering, constructability, cost nology and innovation; (i) in the matter preceding subparagraph estimating, and risk identification. (B) to implement provisions of law de- (A) by inserting ‘‘at any time’’ after ‘‘may be ‘‘(iii) AGREEMENT TO PRICE.— signed to accelerate project delivery; and used’’; and ‘‘(I) IN GENERAL.—Prior to the start of the (C) to select eligible projects for applying (ii) in subparagraph (A)— second phase of a contract under this sub- experimental features to test innovative (I) by striking ‘‘rights-of-way’’ the first paragraph, the owner and the construction project delivery techniques. place it appears and inserting ‘‘real property manager may agree to a price for the con- (3) ADVANCING THE USE OF BEST PRAC- interests’’; and struction of the project or a portion of the TICES.— (II) by striking ‘‘, if the rights-of-way are project. (A) IN GENERAL.—In carrying out the ini- subsequently incorporated into a project eli- ‘‘(II) RESULT.—If an agreement is reached, tiative under this section, the Secretary gible for surface transportation program the construction manager shall become the shall identify and advance best practices to funds’’; and general contractor for the construction of reduce delivery time and project costs, from (C) by striking paragraph (2) and inserting the project at the negotiated schedule and planning through construction, for transpor- the following: price. tation projects and programs of projects re- ‘‘(2) TERMS AND CONDITIONS.— ‘‘(B) SELECTION.—A contract shall be gardless of mode and project size. ‘‘(A) ACQUISITION OF REAL PROPERTY INTER- awarded to a construction manager or gen- (B) ADMINISTRATION.—To advance the use ESTS.— eral contractor under this paragraph using a of best practices, the Secretary shall— ‘‘(i) IN GENERAL.—Subject to the other pro- competitive selection process under which (i) engage interested parties, affected com- visions of this section, prior to completion of the contract is awarded on the basis of— munities, resource agencies, and other stake- the review process for the project required ‘‘(i) qualifications; holders to gather information regarding op- by the National Environmental Policy Act of ‘‘(ii) experience; portunities for accelerating project delivery 1969 (42 U.S.C. 4321 et seq.), a public author- ‘‘(iii) best value; or and reducing costs; ity may carry out acquisition of real prop- ‘‘(iv) any other combination of factors con- (ii) establish a clearinghouse for the collec- erty interests that may be used for a project. sidered appropriate by the contracting agen- tion, documentation, and advancement of ex- ‘‘(ii) REQUIREMENTS.—An acquisition under cy. isting and new innovative approaches and clause (i) may be authorized by project ‘‘(C) TIMING.— best practices; agreement and is eligible for Federal-aid re- ‘‘(i) IN GENERAL.—Prior to the completion (iii) disseminate information through a va- imbursement as a project expense if the Sec- of the environmental review process required riety of means to transportation stake- retary finds that the acquisition— under section 102 of the National Environ- holders on new innovative approaches and ‘‘(I) will not cause any significant adverse mental Policy Act of 1969 (42 U.S.C. 4332), a best practices; and environmental impact; contracting agency may issue requests for (iv) provide technical assistance to assist ‘‘(II) will not limit the choice of reasonable proposals, proceed with the award of the first transportation stakeholders in the use of alternatives for the project or otherwise in- phase of construction manager or general flexibility authority to resolve project fluence the decision of the Secretary on any contractor contract, and issue notices to delays and accelerate project delivery if fea- approval required for the project; proceed with preliminary design, to the ex- sible. ‘‘(III) does not prevent the lead agency tent that those actions do not limit any rea- (4) IMPLEMENTATION OF ACCELERATED from making an impartial decision as to sonable range of alternatives. PROJECT DELIVERY.—The Secretary shall en- whether to accept an alternative that is ‘‘(ii) NEPA PROCESS.— sure that the provisions of this subtitle de- being considered in the environmental re- ‘‘(I) IN GENERAL.—A contracting agency signed to accelerate project delivery are view process; shall not proceed with the award of the sec- fully implemented, including— ‘‘(IV) is consistent with the State trans- ond phase, and shall not proceed, or permit (A) expanding eligibility of early acquisi- portation planning process under section 135; any consultant or contractor to proceed, tion of property prior to completion of envi- ‘‘(V) complies with other applicable Fed- with final design or construction until com- ronmental review under the National Envi- eral laws (including regulations); pletion of the environmental review process

VerDate Mar 15 2010 05:24 Jun 04, 2013 Jkt 099060 PO 00000 Frm 00064 Fmt 4624 Sfmt 0634 J:\CRONLINE\2000-THRU-2012-ONLINE-CORRECTIONS\2012 RECORD ONLINE CORREC bjneal on DSK2TWX8P1PROD with February 9, 2012 CONGRESSIONAL RECORD — SENATE S459 required under section 102 of the National ‘‘(ii) innovative construction equipment, ‘‘(1) the multimodal project is funded Environmental Policy Act of 1969 (42 U.S.C. materials, or techniques, including the use of under 1 grant agreement administered by the 4332). in-place recycling technology and digital 3- lead authority; ‘‘(II) REQUIREMENT.—The Secretary shall dimensional modeling technologies; ‘‘(2) the multimodal project has compo- require that a contract include appropriate ‘‘(iii) innovative contracting methods, in- nents that require the expertise of a cooper- provisions to ensure achievement of the ob- cluding the design-build and the construc- ating authority to assess the environmental jectives of section 102 of the National Envi- tion manager-general contractor contracting impacts of the components; ronmental Policy Act of 1969 (42 U.S.C. 4332) methods; ‘‘(3) the component of the project to be and compliance with other applicable Fed- ‘‘(iv) intelligent compaction equipment; or covered by the categorical exclusion of the eral laws and regulations occurs. ‘‘(v) contractual provisions that offer a cooperating authority has independent util- ‘‘(iii) SECRETARIAL APPROVAL.—Prior to au- contractor an incentive payment for early ity; thorizing construction activities, the Sec- completion of the project, program, or activ- ‘‘(4) the cooperating authority, in con- retary shall approve— ity, subject to the condition that the incen- sultation with the lead authority, follows ‘‘(I) the estimate of the contracting agency tives are accounted for in the financial plan National Environmental Policy Act of 1969 for the entire project; and of the project, when applicable. (42 U.S.C. 4321 et seq.) implementing regula- ‘‘(II) any price agreement with the general ‘‘(C) LIMITATIONS.— tions or procedures and determines that a contractor for the project or a portion of the ‘‘(i) IN GENERAL.—In each fiscal year, a categorical exclusion under that Act applies project. State may use the authority under subpara- to the components; and ‘‘(iv) TERMINATION PROVISION.—The Sec- graph (A) for up to 10 percent of the com- ‘‘(5) the lead authority has determined retary shall require a contract to include an bined apportionments of the State under that— appropriate termination provision in the paragraphs (1), (2), and (5) of section 104(b). ‘‘(A) the project, using the categorical ex- event that a no-build alternative is se- ‘‘(ii) FEDERAL SHARE INCREASE.—The Fed- clusions of the lead and cooperating authori- lected.’’. eral share payable on account of a project or ties, does not individually or cumulatively (b) REGULATIONS.—The Secretary shall pro- activity described in subparagraph (A) may have a significant impact on the environ- mulgate such regulations as are necessary to be increased by up to 5 percent of the total ment; and carry out the amendment made by sub- project cost.’’. ‘‘(B) extraordinary circumstances do not exist that merit further analysis and docu- section (a). SEC. 1305. ASSISTANCE TO AFFECTED STATE AND (c) EFFECT ON EXPERIMENTAL PROGRAM.— FEDERAL AGENCIES. mentation in an environmental impact Nothing in this section or the amendment Section 139(j) of title 23, United States statement or environmental assessment re- made by this section affects the authority to Code, is amended by adding at the end the quired under the National Environmental carry out, or any project carried out under, following: Policy Act of 1969 (42 U.S.C. 4321 et seq.). any experimental program concerning con- ‘‘(d) MODAL COOPERATION.— ‘‘(6) MEMORANDUM OF UNDERSTANDING.— struction manager risk that is being carried Prior to providing funds approved by the ‘‘(1) IN GENERAL.—A cooperating authority out by the Secretary as of the date of enact- Secretary for dedicated staffing at an af- shall provide modal expertise to a lead au- ment of this Act. fected Federal agency under paragraphs (1) thority with administrative authority over a SEC. 1304. INNOVATIVE PROJECT DELIVERY multimodal project on such aspects of the METHODS. and (2), the affected Federal agency and the State agency shall enter into a memorandum project in which the cooperating authority (a) DECLARATION OF POLICY.— of understanding that establishes the has expertise. (1) IN GENERAL.—Congress declares that it ‘‘(2) USE OF CATEGORICAL EXCLUSION.—In a is in the national interest to promote the use projects and priorities to be addressed by the use of the funds.’’. case described in paragraph (1), the 1 or more of innovative technologies and practices that categorical exclusions of a cooperating au- increase the efficiency of construction of, SEC. 1306. APPLICATION OF CATEGORICAL EX- thority may be applied by the lead authority improve the safety of, and extend the service CLUSIONS FOR MULTIMODAL PROJECTS. once the cooperating authority reviews the life of highways and bridges. (a) IN GENERAL.—Section 304 of title 49, project on behalf of the lead authority and (2) INCLUSIONS.—The innovative tech- United States Code, is amended to read as determines the project satisfies the condi- nologies and practices described in para- follows: tions for a categorical exclusion under the graph (1) include state-of-the-art intelligent National Environmental Policy Act of 1969 transportation system technologies, elevated ‘‘§ 304. Application of categorical exclusions (42 U.S.C. 4321 et seq.) implementing regula- performance standards, and new highway for multimodal projects tions or procedures of the cooperating au- construction business practices that improve ‘‘(a) DEFINITIONS.—In this section: thority and this section.’’. highway safety and quality, accelerate ‘‘(1) COOPERATING AUTHORITY.—The term (b) CONFORMING AMENDMENT.—The item re- project delivery, and reduce congestion re- ‘cooperating authority’ means a Department lating to section 304 in the analysis for title lated to highway construction. of Transportation operating authority that 49, United States Code, is amended to read as (b) FEDERAL SHARE.—Section 120(c) of title is not the lead authority. follows: 23, United States Code, is amended by adding ‘‘(2) LEAD AUTHORITY.—The term ‘lead au- ‘‘304. Application of categorical exclusions at the end the following: thority’ means a Department of Transpor- for multimodal projects.’’. NNOVATIVE PROJECT DELIVERY ‘‘(3) I .— tation operating administration or secre- SEC. 1307. STATE ASSUMPTION OF RESPONSIBIL- ‘‘(A) IN GENERAL.—Except as provided in tarial office that— ITIES FOR CATEGORICAL EXCLU- subparagraph (C), the Federal share payable ‘‘(A) is the lead authority over a proposed SIONS. on account of a project or activity carried multimodal project; and Section 326 of title 23, United States Code, out with funds apportioned under paragraph ‘‘(B) has determined that the components is amended— (1), (2), or (5) of section 104(b) may, at the of the project that fall under the modal ex- ø(1) in subsection (c) by striking paragraph discretion of the State, be up to 100 percent pertise of the lead authority— (3) and inserting the following: for any such project, program, or activity ‘‘(i) satisfy the conditions for a categorical ‘‘(3) SOVEREIGN IMMUNITY.—By executing that the Secretary determines— exclusion under the National Environmental an agreement with the Secretary and assum- ‘‘(i) contains innovative project delivery Policy Act of 1969 (42 U.S.C. 4321 et seq.) im- ing the responsibilities of the Secretary methods that improve work zone safety for plementing regulations or procedures of the under this section, the State waives the sov- motorists or workers and the quality of the lead authority; and ereign immunity of the State under the 11th facility; ‘‘(ii) do not require the preparation of an Amendment of the Constitution from suit in ‘‘(ii) contains innovative technologies, environmental assessment or an environ- Federal court and expressly consents to ac- manufacturing processes, financing, or con- mental impact statement under that Act. cept the jurisdiction of the Federal courts tracting methods that improve the quality, ‘‘(3) MULTIMODAL PROJECT.—The term with respect to any action relating to the extend the service life, or decrease the long- ‘multimodal project’ has the meaning given compliance, discharge, and enforcement of term costs of maintaining highways and the term in section 139(a) of title 23. any responsibility of the Secretary that the bridges; ‘‘(b) EXERCISE OF AUTHORITIES.—The au- State assumes.’’;¿ ‘‘(iii) accelerates project delivery while thorities granted in this section may be ex- ø(2)¿(1) by striking subsection (d) and in- complying with other applicable Federal ercised for a multimodal project, class of serting the following: laws (including regulations) and not causing projects, or program of projects that are car- ‘‘(d) TERMINATION.— any significant adverse environmental im- ried out under this title. ‘‘(1) TERMINATION BY THE SECRETARY.—The pact; or ‘‘(c) APPLICATION OF CATEGORICAL EXCLU- Secretary may terminate any assumption of ‘‘(iv) reduces congestion related to high- SIONS FOR MULTIMODAL PROJECTS.—When responsibility under a memorandum of un- way construction. considering the environmental impacts of a derstanding on a determination that the ‘‘(B) EXAMPLES.—Projects, programs, and proposed multimodal project, a lead author- State is not adequately carrying out the re- activities described in subparagraph (A) may ity may apply a categorical exclusion des- sponsibilities assigned to the State. include the use of— ignated under the implementing regulations ‘‘(2) TERMINATION BY THE STATE.—The ‘‘(i) prefabricated bridge elements and sys- or procedures of a cooperating authority for State may terminate the participation of the tems and other technologies to reduce bridge other components of the project, on the con- State in the program at any time by pro- construction time; ditions that— viding to the Secretary a notice by not later

VerDate Mar 15 2010 05:24 Jun 04, 2013 Jkt 099060 PO 00000 Frm 00065 Fmt 4624 Sfmt 0634 J:\CRONLINE\2000-THRU-2012-ONLINE-CORRECTIONS\2012 RECORD ONLINE CORREC bjneal on DSK2TWX8P1PROD with S460 CONGRESSIONAL RECORD — SENATE February 9, 2012 than the date that is 90 days before the date require in conducting evaluations under tion 1508.4 of title 40, Code of Federal Regula- of termination, and subject to such terms paragraph (5).’’; tions and section 771.117(a) of title 23, Code of and conditions as the Secretary may pro- (5) by striking subsection (g); Federal Regulations (as those regulations vide.’’; and (6) by redesignating subsections (h) and (i) are in effect on the date of the notice). ø(3)¿(2) by adding at the end the following: as subsections (g) and (h), respectively; and (c) ADDITIONAL ACTIONS.—The Secretary ‘‘(f) LEGAL FEES.—A State assuming the (7) in subsection (h) (as so redesignated)— shall issue a proposed rulemaking to move responsibilities of the Secretary under this (A) by striking paragraph (1); the following types of actions from sub- section for a specific project may use funds (B) by redesignating paragraph (2) as para- section (d) of section 771.117 of title 23, Code apportioned to the State under section graph (1); and of Federal Regulations (as in effect on the 104(b)(2) for attorneys fees directly attrib- (C) by inserting after paragraph (1) (as so date of enactment of this Act), to subsection utable to eligible activities associated with redesignated) the following: (c) of that section, to the extent that such the project.’’. ‘‘(2) TERMINATION BY THE STATE.—The movement complies with the criteria for a SEC. 1308. SURFACE TRANSPORTATION PROJECT State may terminate the participation of the categorical exclusion under section 1508.4 of DELIVERY PROGRAM. State in the program at any time by pro- title 40, Code of Federal Regulations (as in (a) IN GENERAL.—Section 327 of title 23, viding to the Secretary a notice by not later effect on the date of enactment of this Act): United States Code, is amended— than the date that is 90 days before the date (1) Modernization of a highway by resur- (1) in the section heading by striking of termination, and subject to such terms facing, restoration, rehabilitation, recon- ‘‘ ’’; pilot and conditions as the Secretary may pro- struction, adding shoulders, or adding auxil- (2) in subsection (a)— vide.’’. iary lanes (including parking, weaving, turn- (A) in paragraph (1) by striking ‘‘pilot’’; (b) CONFORMING AMENDMENT.—The item re- ing, and climbing). and lating to section 327 in the analysis of title (2) Highway safety or traffic operations im- (B) in paragraph (2)— 23, United States Code, is amended to read as provement projects, including the installa- (i) in subparagraph (B) by striking clause follows: tion of ramp metering control devices and (ii) and inserting the following: lighting. ‘‘(ii) the Secretary may not assign— ‘‘327. Surface transportation project delivery ‘‘(I) any responsibility imposed on the Sec- program.’’. (3) Bridge rehabilitation, reconstruction, or replacement or the construction of grade retary by section 134 or 135; or SEC. 1309. CATEGORICAL EXCLUSION FOR ‘‘(II) responsibility for any conformity de- PROJECTS WITHIN THE RIGHT-OF- separation to replace existing at-grade rail- termination required under section 176 of the WAY. road crossings. Clean Air Act (42 U.S.C. 7506).’’; and (a) IN GENERAL.—Not later than 30 days (d) PROGRAMMATIC AGREEMENTS.— (ii) by adding at the end the following: after the date of enactment of this Act, the (1) IN GENERAL.—The Secretary shall seek ø‘‘(F) SOVEREIGN IMMUNITY.—By executing Secretary shall publish a notice of proposed opportunities to enter into programmatic an agreement with the Secretary and assum- rulemaking for a categorical exclusion that agreements with the States that establish ef- ing the responsibilities of the Secretary meets the definitions (as in effect on that ficient administrative procedures for car- under this section, the State waives the sov- date) of section 1508.4 of title 40, Code of Fed- rying out environmental and other required ereign immunity of the State under the 11th eral Regulations, and section 771.117 of title project reviews. Amendment of the Constitution from suit in 23, Code of Federal Regulations, for a project (2) INCLUSIONS.—Programmatic agreements Federal court and expressly consents to ac- (as defined in section 101(a) of title 23, United authorized under paragraph (1) may include cept the jurisdiction of the Federal courts States Code)— agreements that allow a State to determine with respect to any action relating to the (1) that is located solely within the right- on behalf of the Federal Highway Adminis- compliance, discharge, and enforcement of of-way of an existing highway, such as new tration whether a project is categorically ex- any responsibility of the Secretary that the turn lanes and bus pull-offs; cluded from the preparation of an environ- State assumes.¿ (2) that does not include the addition of a mental assessment or environmental impact ‘‘ø(G)¿(F) LEGAL FEES.—A State assuming through lane or new interchange; and statement under the National Environ- the responsibilities of the Secretary under (3) for which the project sponsor dem- mental Policy Act of 1969 (42 U.S.C. 4321 et this section for a specific project may use onstrates that the project— seq.). funds apportioned to the State under section (A) is intended to improve safety, alleviate (3) DETERMINATIONS.—An agreement de- 104(b)(2) for attorneys fees directly attrib- congestion, or improve air quality; or scribed in paragraph (2) may include deter- utable to eligible activities associated with (B) would improve or maintain pavement minations by the Secretary of the types of the project.’’; or structural conditions or achieve a state of projects categorically excluded (consistent (3) in subsection (b)— good repair. with section 1508.4 of title 40, Code of Federal (A) by striking paragraph (1); (b) NOTICE.—Not later than 60 days after Regulations) in the State in addition to the (B) by redesignating paragraphs (2) the date of enactment of this Act, the Sec- types listed in subsections (c) and (d) of sec- through (5) as paragraphs (1) through (4), re- retary shall publish a notice of proposed tion 771.117 of title 23, Code of Federal Regu- spectively; and rulemaking to further define and implement lations (as in effect on the date of enactment (C) in subparagraph (A) of paragraph (3) (as subsection (a) within subsection (c) or (d) of of this Act). so redesignated) by striking ‘‘(2)’’ and insert- section 771.117 of title 23, Code of Federal SEC. 1311. ACCELERATED DECISIONMAKING IN ing ‘‘(1)’’; Regulations (as in effect on the date of en- ENVIRONMENTAL REVIEWS. (4) in subsection (c)— actment of the MAP–21). (a) IN GENERAL.—When preparing a final (A) in paragraph (3)(D) by striking the pe- SEC. 1310. PROGRAMMATIC AGREEMENTS AND environmental impact statement under the riod at the end and inserting a semicolon; ADDITIONAL CATEGORICAL EXCLU- National Environmental Policy Act of 1969 and SIONS. (42 U.S.C. 4321 et seq.), if the lead agency (B) by adding at the end the following: (a) IN GENERAL.—Not later than 60 days makes changes in response to comments that ‘‘(4) require the State to provide to the after the date of enactment of this Act, the are minor and are confined to factual correc- Secretary any information the Secretary Secretary shall— tions or explanations of why the comments considers necessary to ensure that the State (1) survey the use by the Department of do not warrant further agency response, the is adequately carrying out the responsibil- Transportation of categorical exclusions in lead agency may write on errata sheets at- ities assigned to the State; transportation projects since 2005; tached to the statement instead of rewriting ‘‘(5) require the Secretary— (2) publish a review of the survey that in- the draft statement, on the condition that ‘‘(A) after a period of 5 years, to evaluate cludes a description of— the errata sheets— the ability of the State to carry out the re- (A) the types of actions categorically ex- (1) cite the sources, authorities, or reasons sponsibility assumed under this section; cluded; and that support the position of the agency; and ‘‘(B) if the Secretary determines that the (B) any requests previously received by the (2) if appropriate, indicate the cir- State is not ready to effectively carry out Secretary for new categorical exclusions; cumstances that would trigger agency re- the responsibilities the State has assumed, and appraisal or further response. to reevaluate the readiness of the State (3) solicit requests from State departments (b) INCORPORATION.—To the maximum ex- every 3 years, or at such other frequency as of transportation, transit authorities, metro- tent practicable, the lead agency shall expe- the Secretary considers appropriate, after politan planning organizations, or other gov- ditiously develop a single document that the initial 5-year evaluation, until the State ernment agencies for new categorical exclu- consists of a final environmental impact is ready to assume the responsibilities on a sions. statement and a record of decision unless— permanent basis; and (b) NEW CATEGORICAL EXCLUSIONS.—Not (1) the final environmental impact state- ‘‘(C) once the Secretary determines that later than 120 days after the date of enact- ment makes substantial changes to the pro- the State is ready to permanently assume ment of this Act, the Secretary shall publish posed action that are relevant to environ- the responsibilities of the Secretary, not to a notice of proposed rulemaking to propose mental or safety concerns; or require any further evaluations; and new categorical exclusions received by the (2) there are significant new circumstances ‘‘(6) require the State to provide the Sec- Secretary under subsection (a), to the extent or information relevant to environmental retary with any information, including reg- that the categorical exclusions meet the cri- concerns and that bear on the proposed ac- ular written reports, as the Secretary may teria for a categorical exclusion under sec- tion or the impacts of the proposed action.

VerDate Mar 15 2010 05:24 Jun 04, 2013 Jkt 099060 PO 00000 Frm 00066 Fmt 4624 Sfmt 0634 J:\CRONLINE\2000-THRU-2012-ONLINE-CORRECTIONS\2012 RECORD ONLINE CORREC bjneal on DSK2TWX8P1PROD with February 9, 2012 CONGRESSIONAL RECORD — SENATE S461 SEC. 1312. MEMORANDA OF AGENCY AGREE- the project sponsor, lead agency, resource the matter to the Council on Environmental MENTS FOR EARLY COORDINATION. agencies, and any relevant State agencies to Quality. (a) IN GENERAL.—It is the sense of Congress ensure that all parties are on schedule to ‘‘(II) MEETING.—Not later than 30 days that— meet deadlines for decisions to be made re- after the date of receipt of a referral from (1) the Secretary and other Federal agen- garding the project. the Secretary under subclause (I), the Coun- cies with relevant jurisdiction in the envi- ‘‘(B) DEADLINES.—The deadlines referred to cil on Environmental Quality shall hold an ronmental review process should cooperate in subparagraph (A) shall be those estab- issue resolution meeting with the lead agen- with each other and other agencies on envi- lished under subsection (g), or any other cy, the heads of relevant participating agen- ronmental review and project delivery ac- deadlines established by the lead agency, in cies, and the project sponsor (including the tivities at the earliest practicable time to consultation with the project sponsor and Governor only if an initial request for an avoid delays and duplication of effort later other relevant agencies. issue resolution meeting came from the Gov- in the process, head off potential conflicts, ‘‘(C) FAILURE TO ASSURE.—If the relevant ernor). and ensure that planning and project devel- agencies cannot provide reasonable assur- ‘‘(ii) REFERRAL TO THE PRESIDENT.—If a res- opment decisions reflect environmental val- ances that the deadlines described in sub- olution is not achieved by not later than 30 ues; and paragraph (B) will be met, the Secretary days after the date of the meeting convened (2) such cooperation should include the de- may initiate the issue resolution and referral by the Council on Environmental Quality velopment of policies and the designation of process described under paragraph (5) and be- under clause (i)(II), the Secretary shall refer staff that advise planning agencies or project fore the completion of the record of decision. the matter directly to the President. sponsors of studies or other information ‘‘(5) ACCELERATED ISSUE RESOLUTION AND ‘‘(6) FINANCIAL TRANSFER PROVISIONS.— foreseeably required for later Federal action REFERRAL.— ‘‘(A) IN GENERAL.—A Federal agency of ju- and early consultation with appropriate ‘‘(A) AGENCY ISSUE RESOLUTION MEETING.— risdiction over an approval required for a State and local agencies and Indian tribes. ‘‘(i) IN GENERAL.—A Federal agency of ju- project under applicable laws shall complete (b) TECHNICAL ASSISTANCE.—If requested at risdiction, project sponsor, or the Governor any required approval on an expeditious any time by a State or local planning agen- of a State in which a project is located may basis using the shortest existing applicable cy, the Secretary and other Federal agencies request an issue resolution meeting to be with relevant jurisdiction in the environ- conducted by the lead agency. process. ‘‘(B) FAILURE TO DECIDE.— mental review process, shall, to the extent ‘‘(ii) ACTION BY LEAD AGENCY.—The lead practicable and appropriate, as determined agency shall convene an issue resolution ‘‘(i) IN GENERAL.—If an agency described in by the agencies, provide technical assistance meeting under clause (i) with the relevant subparagraph (A) fails to render a decision to the State or local planning agency on ac- participating agencies and the project spon- under any Federal law relating to a project complishing the early coordination activi- sor, including the Governor only if the meet- that requires the preparation of an environ- ties described in subsection (d). ing was requested by the Governor, to re- mental impact statement or environmental (c) MEMORANDUM OF AGENCY AGREEMENT.— solve issues that could— assessment, including the issuance or denial If requested at any time by a State or local ‘‘(I) delay completion of the environmental of a permit, license, or other approval by the planning agency, the lead agency, in con- review process; or date described in clause (ii), the agency shall sultation with other Federal agencies with ‘‘(II) result in denial of any approvals re- transfer from the applicable office of the relevant jurisdiction in the environmental quired for the project under applicable laws. head of the agency, or equivalent office to review process, may establish memoranda of ‘‘(iii) DATE.—A meeting requested under which the authority for rendering the deci- agreement with the project sponsor, State, this subparagraph shall be held by not later sion has been delegated by law, to the agen- and local governments and other appropriate than 21 days after the date of receipt of the cy or division charged with rendering a deci- entities to accomplish the early coordina- request for the meeting, unless the lead sion regarding the application, by not later tion activities described in subsection (d). agency determines that there is good cause than 1 day after the applicable date under (d) EARLY COORDINATION ACTIVITIES.—Early to extend the time for the meeting. clause (ii), and once each week thereafter coordination activities shall include, to the ‘‘(iv) NOTIFICATION.—On receipt of a re- until a final decision is rendered, subject to maximum extent practicable, the following: quest for a meeting under this subparagraph, subparagraph (C)— (1) Technical assistance on identifying po- the lead agency shall notify all relevant par- ‘‘(I) $20,000 for any project for which an an- tential impacts and mitigation issues in an ticipating agencies of the request, including nual financial plan under section 106(i) is re- integrated fashion. the issue to be resolved, and the date for the quired; or (2) The potential appropriateness of using meeting. ‘‘(II) $10,000 for any other project requiring planning products and decisions in later en- ‘‘(v) DISPUTES.—If a relevant participating preparation of an environmental assessment vironmental reviews. agency with jurisdiction over an approval re- or environmental impact statement. (3) The identification and elimination from quired for a project under applicable law de- ‘‘(ii) DESCRIPTION OF DATE.—The date re- detailed study in the environmental review termines that the relevant information nec- ferred to in clause (i) is the later of— process of the issues that are not significant essary to resolve the issue has not been ob- ‘‘(I) the date that is 180 days after the date or that have been covered by prior environ- tained and could not have been obtained on which an application for the permit, li- mental reviews. within a reasonable time, but the lead agen- cense, or approval is complete; and (4) The identification of other environ- cy disagrees, the resolution of the dispute ‘‘(II) the date that is 180 days after the date mental review and consultation require- shall be forwarded to the heads of the rel- on which the Federal lead agency issues a de- ments so that the lead and cooperating agen- evant agencies for resolution. cision on the project under the National En- cies may prepare, as appropriate, other re- ‘‘(vi) CONVENTION BY LEAD AGENCY.—A lead vironmental Policy Act of 1969 (42 U.S.C. 4321 quired analyses and studies concurrently agency may convene an issue resolution et seq.). with planning activities. meeting under this subsection at any time ‘‘(C) LIMITATIONS.— (5) The identification by agencies with ju- without the request of the Federal agency of ‘‘(i) IN GENERAL.—No transfer of funds risdiction over any permits related to the jurisdiction, project sponsor, or the Gov- under subparagraph (B) relating to an indi- project of any and all relevant information ernor of a State. vidual project shall exceed, in any fiscal that will reasonably be required for the ‘‘(B) ELEVATION OF ISSUE RESOLUTION.— year, an amount equal to 1 percent of the project. ‘‘(i) IN GENERAL.—If issue resolution is not funds made available for the applicable agen- (6) The reduction of duplication between achieved by not later than 30 days after the cy office. requirements under the National Environ- date of a relevant meeting under subpara- ‘‘(ii) FAILURE TO DECIDE.—The total mental Policy Act of 1969 (42 U.S.C. 4321 et graph (A), the Secretary shall notify the lead amount transferred in a fiscal year as a re- seq.) and State and local planning and envi- agency, the heads of the relevant partici- sult of a failure by an agency to make a deci- ronmental review requirements, unless the pating agencies, and the project sponsor (in- sion by an applicable deadline shall not ex- agencies are specifically barred from doing cluding the Governor only if the initial issue ceed an amount equal to 5 percent of the so by applicable law. resolution meeting request came from the funds made available for the applicable agen- (7) Timelines for the completion of agency Governor) that an issue resolution meeting cy office for that fiscal year. actions during the planning and environ- will be convened. ‘‘(D) TREATMENT.—The transferred funds mental review processes. ‘‘(ii) REQUIREMENTS.—The Secretary shall shall only be available to the agency or divi- (8) Other appropriate factors. identify the issues to be addressed at the sion charged with rendering the decision as SEC. 1313. ACCELERATED DECISIONMAKING. meeting and convene the meeting not later additional resources, pursuant to subpara- Section 139(h) of title 23, United States than 30 days after the date of issuance of the graph (F). Code, is amended by striking paragraph (4) notice. ‘‘(E) NO FAULT OF AGENCY.—A transfer of and inserting the following: ‘‘(C) REFERRAL OF ISSUE RESOLUTION.— funds under this paragraph shall not be made ‘‘(4) INTERIM DECISION ON ACHIEVING ACCEL- ‘‘(i) REFERRAL TO COUNCIL ON ENVIRON- if the agency responsible for rendering the ERATED DECISIONMAKING.— MENTAL QUALITY.— decision certifies that— ‘‘(A) IN GENERAL.—Not later than 30 days ‘‘(I) IN GENERAL.—If resolution is not ‘‘(i) the agency has not received necessary after the close of the public comment period achieved by not later than 30 days after the information or approvals from another enti- on a draft environmental impact statement, date of an issue resolution meeting under ty, such as the project sponsor, in a manner the Secretary may convene a meeting with subparagraph (B), the Secretary shall refer that affects the ability of the agency to meet

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any requirements under State, local, or Fed- ronmental impact statement or environ- (ii) ALTERNATIVE PROCESS.—Displaced per- eral law; or mental assessment in each State.’’. sons shall be informed— ‘‘(ii) significant new information or cir- SEC. 1314. ENVIRONMENTAL PROCEDURES INI- (I) of the right of the displaced persons not cumstances, including a major modification TIATIVE. to participate in the demonstration program; to an aspect of the project, requires addi- (a) ESTABLISHMENT.—For grant programs and tional analysis for the agency to make a de- under which funds are distributed by formula (II) that the alternative relocation pay- cision on the project application. by the Department of Transportation, the ment process can be used only if the dis- ‘‘(F) TREATMENT OF FUNDS.— Secretary shall establish an initiative to re- placed person agrees in writing. ‘‘(i) IN GENERAL.—Funds transferred under view and develop consistent procedures for (iii) ASSISTANCE.—The displacing agency this paragraph shall supplement resources environmental permitting and procurement shall provide any displaced person who elects available to the agency or division charged requirements. not to participate in the demonstration pro- (b) REPORT.—The Secretary shall publish with making a decision for the purpose of ex- gram with relocation assistance in accord- the results of the initiative described in sub- pediting permit reviews. ance with the Uniform Relocation Assistance section (a) in an electronically accessible and Real Property Acquisition Policies Act ‘‘(ii) AVAILABILITY.—Funds transferred format. under this paragraph shall be available for of 1970 (42 U.S.C. 4601 et seq.) (including im- SEC. 1315. ALTERNATIVE RELOCATION PAYMENT use or obligation for the same period that plementing regulations). DEMONSTRATION PROGRAM. (E) OTHER DISPLACEMENTS.— the funds were originally authorized or ap- (a) PAYMENT DEMONSTRATION PROGRAM.— propriated, plus 1 additional fiscal year. (i) IN GENERAL.—If other Federal agencies (1) IN GENERAL.—Except as otherwise pro- plan displacements in or adjacent to a dem- ‘‘(iii) LIMITATION.—The Federal agency vided in this section, for the purpose of iden- with jurisdiction for the decision that has onstration program project area within the tifying improvements in the timeliness of same time period as the project acquisition transferred the funds pursuant to this para- providing relocation assistance to persons graph shall not reprogram funds to the office and relocation actions of the demonstration displaced by Federal or federally assisted program, the Secretary shall adopt measures of the head of the agency, or equivalent of- programs and projects, the Secretary may to protect against inconsistent treatment of fice, to reimburse that office for the loss of allow not more than 5 States to participate displaced persons. the funds. in an alternative relocation payment dem- (ii) INCLUSION.—Measures described in ‘‘(G) AUDITS.—In any fiscal year in which onstration program under which payments clause (i) may include a determination that any Federal agency transfers funds pursuant to displaced persons eligible for relocation the demonstration program authority may to this paragraph, the Inspector General of assistance pursuant to the Uniform Reloca- not be used on a particular project. that agency shall— tion Assistance and Real Property Acquisi- (c) REPORT.— ‘‘(i) conduct an audit to assess compliance tion Policies Act of 1970 (42 U.S.C. 4601 et (1) IN GENERAL.—The Secretary shall sub- with the requirements of this paragraph; and seq.) (including implementing regulations), mit to Congress— ‘‘(ii) not later than 120 days after the end are calculated based on reasonable estimates (A) at least every 18 months after the date of the fiscal year during which the transfer and paid in advance of the physical displace- of enactment of this Act, a report on the occurred, submit to the Committee on Envi- ment of the displaced person. progress and results of the demonstration ronment and Public Works of the Senate and (2) TIMING OF PAYMENTS.—Relocation as- program; and any other appropriate congressional commit- sistance payments for projects carried out (B) not later than 1 year after all State tees a report describing the reasons why the under an approved State demonstration pro- demonstration programs have ended, a final transfers were levied, including allocations gram may be provided to the displaced per- report. of resources. son at the same time as payments of just (2) REQUIREMENTS.—The final report shall ‘‘(H) EFFECT OF PARAGRAPH.—Nothing in compensation for real property acquired for include an evaluation by the Secretary of this paragraph affects or limits the applica- the program or project of the State. the merits of the alternative relocation pay- tion of, or obligation to comply with, any (3) COMBINING OF PAYMENTS.—Payments for ment demonstration program, including the Federal, State, local, or tribal law. relocation and just compensation may be effects of the demonstration program on— ‘‘(I) AUTHORITY FOR INTRA-AGENCY TRANS- combined into a single unallocated amount. (A) displaced persons and the protections FER OF FUNDS.—The requirement provided (b) CRITERIA.— afforded to displaced persons by the Uniform under this paragraph for a Federal agency to (1) IN GENERAL.—After public notice and an Relocation Assistance and Real Property Ac- transfer or reallocate funds of the Federal opportunity to comment, the Secretary shall quisition Policies Act of 1970 (42 U.S.C. 4601 agency in accordance with subparagraph adopt criteria for carrying out the alter- et seq.); (B)(i)— native relocation payment demonstration (B) the efficiency of the delivery of Fed- ‘‘(i) shall be treated by the Federal agency program. eral-aid highway projects and overall effects as a requirement and authority consistent (2) CONDITIONS.— on the Federal-aid highway program; and with any applicable original law establishing (A) IN GENERAL.—Conditions for State par- (C) the achievement of the purposes of the and authorizing the agency; but ticipation in the demonstration program Uniform Relocation Assistance and Real ‘‘(ii) does not provide to the Federal agen- shall include the conditions described in sub- Property Acquisition Policies Act of 1970 (42 cy the authority to require or determine the paragraphs (B) through (E). U.S.C. 4601 et seq.). intra-agency transfer or reallocation of (B) MEMORANDUM OF AGREEMENT.—A State (d) LIMITATION.—The authority of this sec- funds that are provided to or are within any wishing to participate in the demonstration tion may be used only on projects funded other Federal agency. program shall be required to enter into a under title 23, United States Code, in cases ‘‘(7) EXPEDIENT DECISIONS AND REVIEWS.— memorandum of agreement with the Sec- in which the funds are administered by the To ensure that Federal environmental deci- retary that includes provisions relating to— Federal Highway Administration. sions and reviews are expeditiously made— (i) the selection of projects or programs (e) AUTHORITY.—The authority of the Sec- ‘‘(A) adequate resources made available within the State to which the alternative re- retary to approve an alternate relocation under this title shall be devoted to ensuring location payment process will be applied; payment demonstration program for a State that applicable environmental reviews under (ii) program and project-level monitoring; terminates on the date that is 3 years after the National Environmental Policy Act of (iii) performance measurement; the date of enactment of this Act 1969 (42 U.S.C. 4321 et seq.) are completed on (iv) reporting; and SEC. 1316. REVIEW OF FEDERAL PROJECT AND an expeditious basis and that the shortest (v) the circumstances under which the Sec- PROGRAM DELIVERY. existing applicable process under that Act is retary may terminate the demonstration (a) COMPLETION TIME ASSESSMENTS AND RE- implemented; and program of the State before the end of the PORTS.— ‘‘(B) the President shall submit to the program term. (1) IN GENERAL.—For projects funded under Committee on Transportation and Infra- (C) TERM OF DEMONSTRATION PROGRAM.— title 23, United States Code, the Secretary structure of the House of Representatives Except as provided in subparagraph (B)(v), shall compare— and the Committee on Environment and the demonstration program of the State may (A)(i) the completion times of categorical Public Works of the Senate, not less fre- continue for up to 3 years after the date on exclusions, environmental assessments, and quently than once every 120 days after the which the Secretary executes the memo- environmental impact statements initiated date of enactment of the MAP–21, a report on randum of agreement. after calendar year 2005; to the status and progress of the following (D) DISPLACED PERSONS.— (ii) the completion times of categorical ex- projects and activities funded under this (i) IN GENERAL.—Displaced persons affected clusions, environmental assessments, and en- title with respect to compliance with appli- by a project included in the demonstration vironmental impact statements initiated cable requirements under the National Envi- program of the State shall be informed in during a period prior to calendar year 2005; ronmental Policy Act of 1969 (42 U.S.C. 4321 writing in a format that is clear and easily and et seq.): understandable that the relocation payments (B)(i) the completion times of categorical ‘‘(i) Projects and activities required to pre- that the displaced persons receive under the exclusions, environmental assessments, and pare an annual financial plan under section demonstration program may be higher or environmental impact statements initiated 106(i). lower than the amount that the displaced during the period beginning on January 1, ‘‘(ii) A sample of not less than 5 percent of persons would receive under the standard re- 2005, and ending on the date of enactment of the projects requiring preparation of an envi- location assistance process. this Act; to

VerDate Mar 15 2010 05:24 Jun 04, 2013 Jkt 099060 PO 00000 Frm 00068 Fmt 4624 Sfmt 0634 J:\CRONLINE\2000-THRU-2012-ONLINE-CORRECTIONS\2012 RECORD ONLINE CORREC bjneal on DSK2TWX8P1PROD with February 9, 2012 CONGRESSIONAL RECORD — SENATE S463 (ii) the completion times of categorical ex- tion and weigh stations and park-and-ride fa- under subparagraph (A), the funds shall be clusions, environmental assessments, and en- cilities. transferred to the department of transpor- vironmental impact statements initiated (D) Promoting the availability of publicly tation of the State, which shall be respon- after the date of enactment of this Act. or privately provided commercial motor ve- sible for the administration of the funds.’’; (2) REPORT.—The Secretary shall submit to hicle parking on the National Highway Sys- and the Committee on Transportation and Infra- tem using intelligent transportation systems (3) by striking paragraph (5) and inserting structure of the House of Representatives and other means. the following: and the Committee on Environment and (E) Constructing turnouts along the Na- ‘‘(5) DERIVATION OF AMOUNT TO BE TRANS- Public Works of the Senate a report— tional Highway System for commercial FERRED.—The amount to be transferred (A) not later than 1 year after the date of motor vehicles. under paragraph (2) may be derived from the enactment of this Act that— (F) Making capital improvements to public following: (i) describes the results of the review con- commercial motor vehicle parking facilities ‘‘(A) The apportionment of the State under ducted under paragraph (1)(A); and currently closed on a seasonal basis to allow section 104(b)(l). (ii) identifies any change in the timing for the facilities to remain open year-round. ‘‘(B) The apportionment of the State under completions, including the reasons for any (G) Improving the geometric design of section 104(b)(2).’’. such change and the reasons for delays in ex- interchanges on the National Highway Sys- SEC. 1403. MINIMUM PENALTIES FOR REPEAT OF- cess of 5 years; and tem to improve access to commercial motor FENDERS FOR DRIVING WHILE IN- (B) not later than 5 years after the date of vehicle parking facilities. TOXICATED OR DRIVING UNDER THE enactment of this Act that— (c) SURVEY AND COMPARATIVE ASSESS- INFLUENCE. (i) describes the results of the review con- MENT.— (a) DEFINITIONS.—Section 164(a) of title 23, ducted under paragraph (1)(B); and (1) IN GENERAL.—The Secretary, in con- United States Code, is amended— (ii) identifies any change in the timing for sultation with relevant State motor carrier (1) by striking paragraph (3); completions, including the reasons for any safety personnel, shall conduct a survey re- (2) by redesignating paragraphs (4) and (5) such change and the reasons for delays in ex- garding the availability of parking facilities as paragraphs (3) and (4), respectively; and cess of 5 years. within each State— (3) in paragraph (4) (as so redesignated) by (b) ADDITIONAL REPORT.—Not later than 2 (A) to evaluate the capability of the State striking subparagraph (A) and inserting the years after the date of enactment of this to provide adequate parking and rest facili- following: Act, the Secretary shall submit to the Com- ties for motor carriers engaged in interstate ‘‘(A) receive— mittee on Transportation and Infrastructure motor carrier service; ‘‘(i) a suspension of all driving privileges of the House of Representatives and the (B) to assess the volume of motor carrier for not less than 1 year; or Committee on Environment and Public traffic through the State; and ‘‘(ii) a suspension of unlimited driving Works of the Senate a report on the types (C) to develop a system of metrics to meas- privileges for 1 year, allowing for the rein- and justification for the additional categor- ure the adequacy of parking facilities in the statement of limited driving privileges sub- ical exclusions granted under the authority State. ject to restrictions and limited exemptions provided under sections 1309 and 1310. (2) RESULTS.—The results of the survey as established by State law, if an ignition (c) GAO REPORT.—The Comptroller Gen- under paragraph (1) shall be made available interlock device is installed for not less than eral of the United States shall— to the public on the website of the Depart- 1 year on each of the motor vehicles owned (1) assess the reforms carried out under ment of Transportation. or operated, or both, by the individual;’’. sections 1301 through 1315 (including the (3) PERIODIC UPDATES.—The Secretary shall (b) TRANSFER OF FUNDS.—Section 164(b) of amendments made by those sections); and periodically update the survey under this title 23, United States Code, is amended— (2) not later than 5 years after the date of subsection. (1) by striking paragraph (2) and inserting enactment of this Act, submit to the Com- (d) TREATMENT OF PROJECTS.—Notwith- the following: mittee on Transportation and Infrastructure standing any other provision of law, projects ‘‘(2) FISCAL YEAR 2012 AND THEREAFTER.— of the House of Representatives and the funded through the authority provided under ‘‘(A) RESERVATION OF FUNDS.—On October Committee on Environment and Public this section shall be treated as projects on a 1, 2011, and each October 1 thereafter, if a Works of the Senate a report that describes Federal-aid system under chapter 1 of title State has not enacted or is not enforcing a the results of the assessment. 23, United States Code. repeat intoxicated driver law, the Secretary (d) INSPECTOR GENERAL REPORT.—The In- SEC. 1402. OPEN CONTAINER REQUIREMENTS. shall reserve an amount equal to 6 percent of spector General of the Department of Trans- Section 154(c) of title 23, United States the funds to be apportioned to the State on portation shall— Code, is amended— that date under each of paragraphs (1) and (2) (1) assess the reforms carried out under (1) by striking paragraph (2) and inserting of section 104(b) until the State certifies to sections 1301 through 1315 (including the the following: the Secretary the means by which the States amendments made by those sections); and ‘‘(2) FISCAL YEAR 2012 AND THEREAFTER.— will use those reserved funds among the uses (2) submit to the Committee on Transpor- ‘‘(A) RESERVATION OF FUNDS.—On October authorized under subparagraphs (A) and (B) tation and Infrastructure of the House of 1, 2011, and each October 1 thereafter, if a of paragraph (1), and paragraph (3). Representatives and the Committee on Envi- State has not enacted or is not enforcing an ‘‘(B) TRANSFER OF FUNDS.—As soon as prac- ronment and Public Works of the Senate— open container law described in subsection ticable after the date of receipt of a certifi- (A) not later than 2 years after the date of (b), the Secretary shall reserve an amount cation from a State under subparagraph (A), enactment of this Act, an initial report of equal to 2.5 percent of the funds to be appor- the Secretary shall— the findings of the Inspector General; and tioned to the State on that date under each ‘‘(i) transfer the reserved funds identified (B) not later than 4 years after the date of of paragraphs (1) and (2) of section 104(b) by the State for use as described in subpara- enactment of this Act, a final report of the until the State certifies to the Secretary the graphs (A) and (B) of paragraph (1) to the ap- findings. means by which the State will use those re- portionment of the State under section 402; Subtitle D—Highway Safety served funds in accordance with subpara- and SEC. 1401. JASON’S LAW. graphs (A) and (B) of paragraph (1) and para- ‘‘(ii) release the reserved funds identified (a) IN GENERAL.—It is the sense of Congress graph (3). by the State as described in paragraph (3).’’; that it is a national priority to address ‘‘(B) TRANSFER OF FUNDS.—As soon as prac- (2) by striking paragraph (3) and inserting projects under this section for the shortage ticable after the date of receipt of a certifi- the following: of long-term parking for commercial motor cation from a State under subparagraph (A), ‘‘(3) USE FOR HIGHWAY SAFETY IMPROVEMENT vehicles on the National Highway System to the Secretary shall— PROGRAM.— improve the safety of motorized and non- ‘‘(i) transfer the reserved funds identified ‘‘(A) IN GENERAL.—A State may elect to motorized users and for commercial motor by the State for use as described in subpara- use all or a portion of the funds transferred vehicle operators. graphs (A) and (B) of paragraph (1) to the ap- under paragraph (2) for activities eligible (b) ELIGIBLE PROJECTS.—Eligible projects portionment of the State under section 402; under section 148. under this section are those that— and ‘‘(B) STATE DEPARTMENTS OF TRANSPOR- (1) serve the National Highway System; ‘‘(ii) release the reserved funds identified TATION.—If the State makes an election and by the State as described in paragraph (3).’’; under subparagraph (A), the funds shall be (2) may include the following: (2) by striking paragraph (3) and inserting transferred to the department of transpor- (A) Constructing safety rest areas (as de- the following: tation of the State, which shall be respon- fined in section 120(c) of title 23, United ‘‘(3) USE FOR HIGHWAY SAFETY IMPROVEMENT sible for the administration of the funds.’’; States Code) that include parking for com- PROGRAM.— and mercial motor vehicles. ‘‘(A) IN GENERAL.—A State may elect to (3) by striking paragraph (5) and inserting (B) Constructing commercial motor vehi- use all or a portion of the funds transferred the following: cle parking facilities adjacent to commercial under paragraph (2) for activities eligible ‘‘(5) DERIVATION OF AMOUNT TO BE TRANS- truck stops and travel plazas. under section 148. FERRED.—The amount to be transferred (C) Opening existing facilities to commer- ‘‘(B) STATE DEPARTMENTS OF TRANSPOR- under paragraph (2) may be derived from the cial motor vehicle parking, including inspec- TATION.—If the State makes an election following:

VerDate Mar 15 2010 05:24 Jun 04, 2013 Jkt 099060 PO 00000 Frm 00069 Fmt 4624 Sfmt 0634 J:\CRONLINE\2000-THRU-2012-ONLINE-CORRECTIONS\2012 RECORD ONLINE CORREC bjneal on DSK2TWX8P1PROD with S464 CONGRESSIONAL RECORD — SENATE February 9, 2012 ‘‘(A) The apportionment of the State under (C) in paragraph (1) (as so redesignated) by SEC. 1405. HIGHWAY WORKER SAFETY. section 104(b)(1). striking ‘‘(including any amounts withheld ø(a) T5Positive Protective Devices.¿—Not ‘‘(B) The apportionment of the State under under paragraph (1))’’; and later than 60 days after the date of enact- section 104(b)(2).’’. (D) by inserting after paragraph (1) (as so ment of this Act, the Secretary shall modify SEC. 1404. ADJUSTMENTS TO PENALTY PROVI- redesignated) the following: section 630.1108(a) of title 23, Code of Federal SIONS. ‘‘(2) FISCAL YEAR 2012 AND THEREAFTER.— Regulations (as in effect on the date of en- (a) VEHICLE WEIGHT LIMITATIONS.—Section The Secretary shall withhold an amount actment of this Act), to ensure that— 127(a)(1) of title 23, United States Code, is equal to 8 percent of the amount required to (1) at a minimum, positive protective amended by striking ‘‘No funds shall be ap- be apportioned to any State under each of measures are used to separate workers on portioned in any fiscal year under section paragraphs (1) and (2) of section 104(b) on the highway construction projects from motor- 104(b)(1) of this title to any State which’’ and first day of each fiscal year beginning after ized traffic in all work zones conducted inserting ‘‘The Secretary shall withhold 50 September 30, 2011, if the State fails to meet under traffic in areas that offer workers no percent of the apportionment of a State the requirements of paragraph (3) on the means of escape (such as tunnels and under section 104(b)(1) in any fiscal year in first day of the fiscal year.’’; and bridges), unless an engineering study deter- which the State’’. (2) by striking subsection (b) and inserting mines otherwise; (b) CONTROL OF JUNKYARDS.—Section 136 of the following: (2) temporary longitudinal traffic barriers title 23, United States Code, is amended— ‘‘(b) EFFECT OF NONCOMPLIANCE.—No funds are used to protect workers on highway con- (1) in subsection (b), in the first sentence— withheld under this section from apportion- struction projects in long-duration sta- (A) by striking ‘‘10 per centum’’ and insert- ments to any State shall be available for ap- tionary work zones when the project design ing ‘‘7 percent’’; and portionment to that State.’’. speed is anticipated to be high and the na- (B) by striking ‘‘section 104 of this title’’ ture of the work requires workers to be with- and inserting ‘‘paragraphs (1) through (5) of (h) ZERO TOLERANCE BLOOD ALCOHOL CON- CENTRATION FOR MINORS.—Section 161(a) of in 1 lane-width from the edge of a live travel section 104(b)’’; and lane, unless— (2) by adding at the end the following: title 23, United States Code, is amended— (A) an analysis by the project sponsor de- ‘‘(n) For purposes of this section, the terms (1) by striking paragraph (1); ‘primary system’ and ‘Federal-aid primary (2) by redesignating paragraph (2) as para- termines otherwise; or system’ mean any highway that is on the Na- graph (1); (B) the project is outside of an urbanized tional Highway System, which includes the (3) in paragraph (1) (as so redesignated)— area and the annual average daily traffic Interstate Highway System.’’. (A) by striking the paragraph heading and load of the applicable road is less than 100 (c) ENFORCEMENT OF VEHICLE SIZE AND inserting ‘‘PRIOR TO FISCAL YEAR 2012’’; and vehicles per hour; and WEIGHT LAWS.—Section 141(b)(2) of title 23, (B) by inserting ‘‘through fiscal year 2011’’ (3) when positive protective devices are United States Code, is amended— after ‘‘each fiscal year thereafter’’; and necessary for highway construction projects, (1) by striking ‘‘10 per centum’’ and insert- (4) by inserting after paragraph (1) (as so those devices are paid for on a unit-pay ing ‘‘7 percent’’; and redesignated) the following: basis, unless doing so would create a conflict (2) by striking ‘‘section 104 of this title’’ ‘‘(2) FISCAL YEAR 2012 AND THEREAFTER.— with innovative contracting approaches, and inserting ‘‘paragraphs (1) through (5) of The Secretary shall withhold an amount such as design-build or some performance- section 104(b)’’. equal to 8 percent of the amount required to based contracts under which the contractor (d) PROOF OF PAYMENT OF THE HEAVY VEHI- be apportioned to any State under each of is paid to assume a certain risk allocation CLE USE TAX.—Section 141(c) of title 23, paragraphs (1) and (2) of section 104(b) on Oc- and payment is generally made on a lump- United States Code, is amended— tober 1, 2011, and on October 1 of each fiscal sum basis. (1) by striking ‘‘section 104(b)(4)’’ each year thereafter, if the State does not meet ø(b) TURNOUT GEAR.—Notwithstanding sec- place it appears and inserting ‘‘section the requirement of paragraph (3) on that tions 6D.03 and 6E.02 of the Manual on Uni- 104(b)(1)’’; and date.’’. form Traffic Control Devices dated 2009 (as in (2) in the first sentence by striking ‘‘25 per (i) OPERATION OF MOTOR VEHICLES BY IN- effect on the date of enactment of this Act), centum’’ and inserting ‘‘ 8 percent’’. TOXICATED PERSONS.—Section 163(e) of title any firefighter engaged in any type of oper- (e) USE OF SAFETY BELTS.—Section 153(h) 23, United States Code, is amended by strik- ation while working within the right-of-way of title 23, United States Code, is amended— ing paragraphs (1) and (2) and inserting the of a Federal-aid highway may optionally (1) by striking paragraph (1); following: wear for compliance retroreflective turnout (2) by redesignating paragraph (2) as para- ‘‘(1) FISCAL YEARS 2007 THROUGH 2011.—On gear that is specified and regulated by other graph (1); October 1, 2006, and October 1 of each fiscal organizations, such as the gear specified in (3) in paragraph (1) (as so redesignated)— year thereafter through fiscal year 2011, if a National Fire Protection Association stand- (A) by striking the paragraph heading and State has not enacted or is not enforcing a ards 1971 through 2007 (as in effect on that inserting ‘‘PRIOR TO FISCAL YEAR 2012’’; and law described in subsection (a), the Sec- date of enactment), in lieu of apparel meet- (B) by inserting ‘‘and before October 1, retary shall withhold an amount equal to 8 ing the requirements under ANSI/ISEA 107– 2011,’’ after ‘‘September 30, 1994,’’; and percent of the amounts to be apportioned to 2004 or ANSI/ISEA 207–2006 (as in effect on (4) by inserting after paragraph (1) (as so that date).¿ redesignated) the following: the State on that date under each of para- graphs (1), (3), and (4) of section 104(b). Subtitle E—Miscellaneous ‘‘(2) FISCAL YEAR 2012 AND THEREAFTER.—If, at any time in a fiscal year beginning after ‘‘(2) FISCAL YEAR 2012 AND THEREAFTER.—On SEC. 1501. PROGRAM EFFICIENCIES. September 30, 2011, a State does not have in October 1, 2011, and October 1 of each fiscal The first sentence of section 102(b) of title effect a law described in subsection (a)(2), year thereafter, if a State has not enacted or 23, United States Code, is amended by strik- the Secretary shall transfer an amount equal is not enforcing a law described in subsection ing ‘‘made available for such engineering’’ to 2 percent of the funds apportioned to the (a), the Secretary shall withhold an amount and inserting ‘‘reimbursed for the prelimi- State for the succeeding fiscal year under equal to 6 percent of the amounts to be ap- nary engineering’’. each of paragraphs (1) through (3) of section portioned to the State on that date under SEC. 1502. PROJECT APPROVAL AND OVERSIGHT. 104(b) to the apportionment of the State each of paragraphs (1) and (2) of section Section 106 of title 23, United States Code, under section 402.’’. 104(b).’’. is amended— (f) NATIONAL MINIMUM DRINKING AGE.—Sec- (j) COMMERCIAL DRIVER’S LICENSE.—Section (1) in subsection (a)(2) by inserting ‘‘recipi- tion 158(a)(1) of title 23, United States Code, 31314 of title 49, United States Code, is ent’’ before ‘‘formalizing’’; is amended— amended— (2) in subsection (c)— (1) by striking ‘‘The Secretary’’ and insert- (1) by redesignating subsection (c) as sub- (A) in paragraph (1)— ing the following: section (d); and (i) in the heading, by striking ‘‘NON-INTER- ‘‘(A) FISCAL YEARS BEFORE 2012.—The Sec- (2) by inserting after subsection (b) the fol- STATE’’; and retary’’; and lowing: (ii) by striking ‘‘but not on the Interstate (2) by adding at the end the following: ‘‘(c) PENALTIES IMPOSED IN FISCAL YEAR System’’; and ‘‘(B) FISCAL YEAR 2012 AND THEREAFTER.— 2012 AND THEREAFTER.—Effective beginning (B) by striking paragraph (4) and inserting For fiscal year 2012 and each fiscal year on October 1, 2011— the following: thereafter, the amount to be withheld under ‘‘(1) the penalty for the first instance of ‘‘(4) LIMITATION ON INTERSTATE PROJECTS.— this section shall be an amount equal to 8 noncompliance by a State under this section ‘‘(A) IN GENERAL.—The Secretary shall not percent of the amount apportioned to the shall be not more than an amount equal to 4 assign any responsibilities to a State for noncompliant State, as described in subpara- percent of funds required to be apportioned projects the Secretary determines to be in a graph (A), under paragraphs (1) and (2) of sec- to the noncompliant State under paragraphs high risk category, as defined under subpara- tion 104(b).’’. (1) and (2) of section 104(b) of title 23; and graph (B). (g) DRUG OFFENDERS.—Section 159 of title ‘‘(2) the penalty for subsequent instances ‘‘(B) HIGH RISK CATEGORIES.—The Secretary 23, United States Code, is amended— of noncompliance shall be not more than an may define the high risk categories under (1) in subsection (a)— amount equal to 8 percent of funds required this subparagraph on a national basis, a (A) by striking paragraph (1); to be apportioned to the noncompliant State State-by-State basis, or a national and (B) by redesignating paragraph (2) as para- under paragraphs (1) and (2) of section 104(b) State-by-State basis, as determined to be ap- graph (1); of title 23.’’. propriate by the Secretary.’’;

VerDate Mar 15 2010 05:24 Jun 04, 2013 Jkt 099060 PO 00000 Frm 00070 Fmt 4624 Sfmt 0634 J:\CRONLINE\2000-THRU-2012-ONLINE-CORRECTIONS\2012 RECORD ONLINE CORREC bjneal on DSK2TWX8P1PROD with February 9, 2012 CONGRESSIONAL RECORD — SENATE S465 (3) in subsection (e)— activities to be carried out under this sub- rative interdisciplinary approach that re- (A) in paragraph (1)— paragraph during the applicable year. sults in a transportation project that fits its (i) in subparagraph (A)— ‘‘(iv) FEDERAL SHARE.—The Federal share physical setting, preserves safety, and bal- (I) in the matter preceding clause (i)— of the cost of activities carried out under ances costs with the necessary scope and (aa) by striking ‘‘concept’’ and inserting this subparagraph shall be 100 percent.’’; and project delivery needs of the project, as well ‘‘planning’’; and (5) in subsection (h)— as with scenic, aesthetic, historic, and envi- (bb) by striking ‘‘multidisciplined’’ and in- (A) in paragraph (1)(B) by inserting ‘‘, in- ronmental resources.’’. serting ‘‘multidisciplinary’’; and cluding a phasing plan when applicable’’ (b) ADDITIONAL STANDARDS.—Section 109 of (II) by striking clause (i) and inserting the after ‘‘financial plan’’; and title 23, United States Code (as amended by following: (B) by striking paragraph (3) and inserting subsection (a)(6)), is amended by adding at ‘‘(i) providing the needed functions and the following: the end the following: achieving the established commitments (in- ‘‘(3) FINANCIAL PLAN.—A financial plan— ‘‘(s) PAVEMENT MARKINGS.—The Secretary cluding environmental, community, and ‘‘(A) shall be based on detailed estimates of shall not approve any pavement markings agency commitments) safely, reliably, and the cost to complete the project; project that includes the use of glass beads at the lowest overall lifecycle cost;’’; and ‘‘(B) shall provide for the annual submis- containing more than 200 parts per million of (ii) in subparagraph (B) by striking clause sion of updates to the Secretary that are arsenic or lead, as determined in accordance (ii) and inserting the following: based on reasonable assumptions, as deter- with Environmental Protection Agency testing ‘‘(ii) refining or redesigning, as appro- mined by the Secretary, of future increases methods 3052, 6010B, or 6010C.’’. priate, the project using different tech- in the cost to complete the project; and SEC. 1504. CONSTRUCTION. nologies, materials, or methods so as to ac- ‘‘(C) may include a phasing plan that iden- Section 114 of title 23, United States Code, complish the purpose, functions, and estab- tifies fundable incremental improvements or is amended— lished commitments (including environ- phases that will address the purpose and the (1) in subsection (b)— mental, community, and agency commit- need of the project in the short term in the (A) by striking paragraph (1) and inserting ments) of the project.’’; event there are insufficient financial re- the following: (B) in paragraph (2)— sources to complete the entire project. If a ‘‘(1) LIMITATION ON CONVICT LABOR.—Con- (i) in the matter preceding subparagraph phasing plan is adopted for a project pursu- vict labor shall not be used in construction (A) by striking ‘‘or other cost-reduction ant to this section, the project shall be of Federal-aid highways or portions of Fed- analysis’’; deemed to satisfy the fiscal constraint re- eral-aid highways unless the labor is per- (ii) in subparagraph (A) by striking ‘‘Fed- quirements in the statewide and metropoli- formed by convicts who are on parole, super- eral-aid system’’ and inserting ‘‘National tan planning requirements in sections 134 vised release, or probation.’’; and Highway System receiving Federal assist- and 135.’’. (B) in paragraph (3) by inserting ‘‘in exist- ance’’; and ence during that period’’ after ‘‘located on a (iii) in subparagraph (B) by inserting ‘‘on SEC. 1503. STANDARDS. (a) PRACTICAL DESIGN.—Section 109 of title Federal-aid system’’; and the National Highway System receiving Fed- (2) in subsection (c)— eral assistance’’ after ‘‘a bridge project’’; and 23, United States Code, is amended— (1) in subsection (a)— (A) by striking paragraph (1) and inserting (C) by striking paragraph (4) and inserting the following: the following: (A) in paragraph (1) by striking ‘‘and’’ at ‘‘(1) IN GENERAL.—The Secretary shall en- ‘‘(4) REQUIREMENTS.— the end; sure that a worker who is employed on a re- ‘‘(A) VALUE ENGINEERING PROGRAM.—The (B) in paragraph (2) by striking the period mote project for the construction of a Fed- State shall develop and carry out a value en- at the end and inserting ‘‘; and’’; and eral-aid highway or portion of a Federal-aid gineering program that— (C) by adding at the end the following: highway in the State of Alaska and who is ‘‘(i) establishes and documents value engi- ‘‘(3) utilize, when appropriate, practical de- not a domiciled resident of the locality shall neering program policies and procedures; sign solutions, as defined in this section, to receive meals and lodging.’’; and ‘‘(ii) ensures that the required value engi- ensure that transportation needs are met (B) in paragraph (3)(C) by striking ‘‘high- neering analysis is conducted before com- and that funds available for transportation pleting the final design of a project; projects are used efficiently.’’; way or portion of a highway located on a ‘‘(iii) ensures that the value engineering (2) in subsection (c)— Federal-aid system’’ and inserting ‘‘Federal- analysis that is conducted, and the rec- (A) in paragraph (1), in the matter pre- aid highway or portion of a Federal-aid high- ommendations developed and implemented ceding subparagraph (A)— way’’. for each project, are documented in a final (i) by striking ‘‘, reconstruction, resur- SEC. 1505. MAINTENANCE. value engineering report; and facing (except for maintenance resurfacing), Section 116 of title 23, United States Code, ‘‘(iv) monitors, evaluates, and annually restoration, or rehabilitation’’ and inserting is amended— submits to the Secretary a report that de- ‘‘or reconstruction’’; and (1) in subsection (a)— scribes the results of the value analyses that (ii) by striking ‘‘may take into account’’ (A) in the first sentence, by inserting ‘‘or are conducted and the recommendations im- and inserting ‘‘shall consider’’; other direct recipient’’ before ‘‘to maintain’’; plemented for each of the projects described (B) in paragraph (2)— and in paragraph (2) that are completed in the (i) in the first sentence of the matter pre- (B) by striking the second sentence; State. ceding subparagraph (A) by striking ‘‘may’’ (2) by striking subsection (b) and inserting ‘‘(B) BRIDGE PROJECTS.—The value engi- and inserting ‘‘shall’’; the following: neering analysis for a bridge project under (ii) in subparagraph (C) by striking ‘‘and’’ ‘‘(b) AGREEMENT.—In any State in which paragraph (2) shall— at the end; the State transportation department or ‘‘(i) include bridge superstructure and sub- (iii) by redesignating subparagraph (D) as other direct recipient is without legal au- structure requirements based on construc- subparagraph (F); and thority to maintain a project described in tion material; and (iv) by inserting after subparagraph (C) the subsection (a), the transportation depart- ‘‘(ii) be evaluated by the State— following: ment or direct recipient shall enter into a ‘‘(I) on engineering and economic bases, ‘‘(D) the publication entitled ‘Highway formal agreement with the appropriate offi- taking into consideration acceptable designs Safety Manual’ of the American Association cials of the county or municipality in which for bridges; and of State Highway and Transportation Offi- the project is located providing for the main- ‘‘(II) using an analysis of lifecycle costs cials; tenance of the project.’’; and and duration of project construction.’’; ‘‘(E) the publication entitled ‘A Guide for (3) in the first sentence of subsection (c) by (4) in subsection (g)(4) by adding at the end Achieving Flexibility in Highway Design, 1st inserting ‘‘or other direct recipient’’ after the following: Edition’, published by the American Associa- ‘‘State transportation department’’. ‘‘(C) FUNDING.— tion of State Highway and Transportation SEC. 1506. FEDERAL SHARE PAYABLE. ‘‘(i) IN GENERAL.—Subject to project ap- Officials; and’’; Section 120 of title 23, United States Code, proval by the Secretary, a State may obli- (3) in subsection (f) by inserting ‘‘pedes- is amended— gate funds apportioned to the State under trian walkways,’’ after ‘‘bikeways,’’; (1) in the first sentence of subsection section 104(b)(2) for carrying out the respon- (4) in subsection (m) by inserting ‘‘, safe, (c)(1)— sibilities of the State under subparagraph and continuous’’ after ‘‘for a reasonable’’; (A) by inserting ‘‘maintaining minimum (A). (5) in subsection (q) by striking ‘‘con- levels of retroreflectivity of highway signs ‘‘(ii) ELIGIBLE ACTIVITIES.—Activities eligi- sistent with the operative safety manage- or pavement markings,’’ after ‘‘traffic con- ble for assistance under this subparagraph ment system established in accordance with trol signalization,’’; include— section 303 or in accordance with’’ inserting (B) by inserting ‘‘shoulder and centerline ‘‘(I) State administration of subgrants; and ‘‘that is in accordance with a State’s stra- rumble strips and stripes,’’ after ‘‘pavement ‘‘(II) State oversight of subrecipients. tegic highway safety plan and included on’’; marking,’’; and ‘‘(iii) ANNUAL WORK PLAN.—To receive the and (C) by striking ‘‘Federal-aid systems’’ and funding flexibility made available under this (6) by adding at the end the following: inserting ‘‘Federal-aid programs’’; subparagraph, the State shall submit to the ‘‘(r) DEFINITION.—In this section, the term (2) in subsection (e)— Secretary an annual work plan identifying ‘practical design solution’ means a collabo- (A) in the first sentence—

VerDate Mar 15 2010 05:24 Jun 04, 2013 Jkt 099060 PO 00000 Frm 00071 Fmt 4624 Sfmt 0634 J:\CRONLINE\2000-THRU-2012-ONLINE-CORRECTIONS\2012 RECORD ONLINE CORREC bjneal on DSK2TWX8P1PROD with S466 CONGRESSIONAL RECORD — SENATE February 9, 2012 (i) in the matter preceding paragraph (1) by SEC. 1508. SPECIAL PERMITS DURING PERIODS ‘‘(ii) Increase the toll charged for vehicles striking ‘‘on such highway’’ and inserting OF NATIONAL EMERGENCY. allowed under subsection (b) to reduce de- ‘‘on the system’’; øand¿ Section 127 of title 23, United States Code, mand. (ii) in paragraph (1) by striking ‘‘within 180 is amended by inserting at the end the fol- ‘‘(iii) Charge tolls to any class of vehicle days after the actual occurrence of the natural lowing: allowed under subsection (b) that is not al- disaster or catastrophic failure may amount to ‘‘(i) SPECIAL PERMITS DURING PERIODS OF ready subject to a toll. NATIONAL EMERGENCY.— 100 percent of the costs thereof’’ and inserting ‘‘(iv) Limit or discontinue allowing vehi- ‘‘(1) IN GENERAL.—Notwithstanding any ‘‘, beginning for fiscal year 2012, in such time cles under subsection (b). other provision of this section, a State may period as the Secretary, in consultation with the ‘‘(v) Increase the available capacity of the issue special permits during an emergency to Governor of the impacted State, determines to be HOV facility. overweight vehicles and loads that can easily appropriate within 270 days after the occurrence ‘‘(E) COMPLIANCE.—If the State fails to be dismantled or divided if— of the natural disaster or catastrophic failure, bring a facility into compliance under sub- ‘‘(A) the President has declared the emer- taking into consideration any delay in the abil- paragraph (D), the Secretary shall subject gency to be a major disaster under the Rob- ity of the State to access damaged facilities to the State to appropriate program sanctions ert T. Stafford Disaster Relief and Emer- evaluate damage and the cost of repair, may be, under section 1.36 of title 23, Code of Federal gency Assistance Act (42 U.S.C. 5121 et seq.); in the discretion of the Secretary, up to 100 per- Regulations (or successor regulations), until ‘‘(B) the permits are issued in accordance cent if the eligible expenses incurred by the the performance is no longer degraded.’’. with State law; and State due to the natural disaster or catastrophic ‘‘(C) the permits are issued exclusively to SEC. 1511. CONSTRUCTION EQUIPMENT AND VE- failure exceeds the annual apportionment of the vehicles and loads that are delivering relief HICLES. State under section 104 for the fiscal year in supplies. (a) IN GENERAL.—Chapter 3 of title 23, which the disaster or failure occurred’’; and ‘‘(2) EXPIRATION.—A permit issued under United States Code, is amended by adding at (ii)(iii) in paragraph (2) by striking ‘‘forest paragraph (1) shall expire not later than 120 the end the following: highways, forest development roads and days after the date of the declaration of trails, park roads and trails, parkways, pub- ‘‘SEC. 330. CONSTRUCTION EQUIPMENT AND VE- emergency under subparagraph (A) of that lic lands highways, public lands development HICLES. paragraph.’’. roads and trails, and Indian reservation ‘‘(a) IN GENERAL.—In accordance with the roads’’ and inserting ‘‘Federal land transpor- SEC. 1509. ELECTRIC VEHICLE CHARGING STA- obligation process established pursuant to TIONS. tation facilities and tribal transportation fa- section 149(j)(4), a State shall expend (a) FRINGE AND CORRIDOR PARKING FACILI- cilities’’; and amounts required to be obligated for this TIES.—Section 137 of title 23, United States section to install øand employ¿ diesel emis- (B) by striking the second and third sen- Code, is amended— sion control technology on covered equip- tences; (1) in subsection (a) by inserting after the ment, with an engine that does not meet (3) by striking subsection (g) and redesig- second sentence the following: ‘‘The addition øany particulate matter emission standards¿ nating subsections (h) through (l) as sub- of electric vehicle charging stations to new current model year new engine standards for sections (g) through (k), respectively; or previously funded parking facilities shall PM for the applicable engine power group (4) in subsection (i)(1)(A) (as redesignated be eligible for funding under this section.’’; 2.5 issued by the Environmental Protection by paragraph (3)) by striking ‘‘and the Appa- and Agency, on a covered highway project within lachian development highway system pro- (2) in subsection (f)(1)— a PM nonattainment or maintenance area. gram under section 14501 of title 40’’; and (A) by striking ‘‘104(b)(4)’’ and inserting 2.5 (5) by striking subsections (j) and (k) (as ‘‘104(b)(1)’’; and ‘‘(b) DEFINITIONS.—In this section, the fol- redesignated by paragraph (3)) and inserting (B) by inserting ‘‘including the addition of lowing definitions apply: the following: electric vehicle charging stations,’’ after ‘‘(1) COVERED EQUIPMENT.—The term ‘cov- ø ¿ ‘‘(j) USE OF FEDERAL AGENCY FUNDS.—Not- ‘‘new facilities,’’. ered construction equipment’ means any ø ¿ withstanding any other provision of law, any (b) PUBLIC TRANSPORTATION .—Section off-road nonroad diesel equipment or on- Federal funds other than those made avail- 142(a)(1) of title 23, United States Code, is road diesel equipment that is operated on a able under this title and title 49, United amended by inserting ‘‘(which may include covered highway construction project for not States Code, may be used to pay the non- electric vehicle charging stations)’’ after less than 80 hours over the life of the project. Federal share of the cost of any transpor- ‘‘corridor parking facilities’’. ‘‘(2) COVERED HIGHWAY CONSTRUCTION tation project that is within, adjacent to, or SEC. 1510. HOV FACILITIES. PROJECT.—The term ‘covered highway con- provides access to Federal land, the Federal Section 166 of title 23, United States Code, struction project’ means a highway con- share of which is funded under this title or is amended— struction project carried out under this title chapter 53 of title 49. (1) in subsection (b)(5)— or any other Federal law which is funded in ‘‘(k) USE OF FEDERAL LAND AND TRIBAL (A) in subparagraph (A) by striking ‘‘Be- whole or in part with Federal funds. TRANSPORTATION FUNDS.—Notwithstanding fore September 30, 2009, the’’ and inserting ‘‘(3) DIESEL EMISSION CONTROL TECH- any other provision of law, the funds author- ‘‘The’’; and NOLOGY.—The term ‘diesel emission control ized to be appropriated to carry out the trib- (B) in subparagraph (B) by striking ‘‘Before technology’ means a technology that— al transportation program under section 202 September 30, 2009, the’’ and inserting ‘‘(A) is— and the Federal lands transportation pro- ‘‘The’’; and ‘‘(i) a diesel exhaust control technology; gram under section 203 may be used to pay (2) in subsection (d)(1)— ‘‘(ii) a diesel engine upgrade; the non-Federal share of the cost of any (A) in the matter preceding subparagraph ‘‘(iii) a diesel engine repower; or project that is funded under this title or (A)— ‘‘(iv) an idle reduction control technology; chapter 53 of title 49 and that provides access (i) by striking ‘‘in a fiscal year shall cer- øand¿ to or within Federal or tribal land.’’. tify’’ and inserting ‘‘shall submit to the Sec- ‘‘(B) reduces PM2.5 emissions from covered SEC. 1507. TRANSFERABILITY OF FEDERAL-AID retary a report demonstrating that the facil- equipment by— HIGHWAY FUNDS. ity is not already degraded, and that the ‘‘(i) not less than 85 percent control of any (a) IN GENERAL.—Section 126 of title 23, presence of the vehicles will not cause the fa- emission of particulate matter; or United States Code, is amended to read as cility to become degraded, and certify’’; and ‘‘(ii) the maximum achievable reduction of follows: (ii) by striking ‘‘in the fiscal year’’; any emission of particulate matter.; and ‘‘§ 126. Transferability of Federal-aid highway (B) in subparagraph (A) by inserting ‘‘and ‘‘(C) is installed on and operated with the funds submitting to the Secretary annual reports covered equipment while the equipment is oper- of those impacts’’ after ‘‘adjacent high- ated on a covered highway construction project ‘‘(a) IN GENERAL.—Notwithstanding any ways’’; and that remains operational on the covered other provision of law, subject to subsection (C) in subparagraph (C) by striking ‘‘if the equipment for the useful life of the control tech- (b), a State may transfer from an apportion- presence of the vehicles has degraded the op- nology or equipment. ment under section 104(b) not to exceed 20 eration of the facility’’ and inserting ‘‘when- ‘‘(4) ELIGIBLE ENTITY.—The term ‘eligible percent of the amount apportioned for the ever the operation of the facility is de- entity’ means an entity (including a subcon- fiscal year to any other apportionment of graded’’; and tractor of the entity) that has entered into a the State under that section. (D) by adding at the end the following: prime contract or agreement with a State to ‘‘(b) APPLICATION TO CERTAIN SET-ASIDES.— ‘‘(D) MAINTENANCE OF OPERATING PERFORM- carry out a covered highway construction Funds that are subject to sections 104(d) and ANCE.—A facility that has become degraded project. 133(d) shall not be transferred under this sec- shall be brought back into compliance with ‘‘(5) øOFF-ROAD¿ NONROAD DIESEL EQUIP- tion.’’. the minimum average operating speed per- MENT.— (b) CONFORMING AMENDMENT.—The analysis formance standard by not later than 180 days ‘‘(A) IN GENERAL.—The term ‘øoff-road¿ for chapter 1 of title 23, United States Code, after the date on which the degradation is nonroad diesel equipment’ means a vehicle, is amended by striking the item relating to identified through changes to operation, in- including covered equipment, that is— section 126 and inserting the following: cluding the following: ‘‘(i) powered by a nonroad diesel engine of ‘‘126. Transferability of Federal-aid highway ‘‘(i) Increase the occupancy requirement not less than 50 horsepower; and funds.’’. for HOVs. ‘‘(ii) not intended for highway use.

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‘‘(B) INCLUSIONS.—The term ‘øoff-road¿ øsubclause (II)¿ subparagraph (B) for achiev- (d) DUTIES OF LEAD AGENCY.—Section 213 of nonroad diesel equipment’ includes a back- ing a reduction in PM2.5.’’. the Uniform Relocation Assistance and Real hoe, bulldozer, compressor, crane, excavator, (b) SAVINGS CLAUSE.—Nothing in this sec- Property Acquisition Policies Act of 1970 (42 generator, and similar equipment. tion modifies or otherwise affects any au- U.S.C. 4633) is amended— ‘‘(C) EXCLUSIONS.—The term ‘øoff-road¿ thority or restrictions established under the (1) in subsection (b)— nonroad diesel equipment’ does not include a Clean Air Act (42 U.S.C. 7401 et seq.). (A) in paragraph (2) by striking ‘‘and’’ at locomotive or marine vessel. (c) REPORT TO CONGRESS.— the end; ‘‘(6) ON-ROAD DIESEL EQUIPMENT.—The term (1) IN GENERAL.—Not later than 21 years (B) in paragraph (3) by striking the period ‘on-road diesel equipment’ means any self- after the date of enactment of this Act, the at the end and inserting ‘‘; and’’; and propelled vehicle that— Secretary of Transportation shall submit to (C) by adding at the end the following: ‘‘(A) operates on diesel fuel; the Committee on Transportation and Infra- ‘‘(4) that each Federal agency that has pro- ‘‘(B) is designed to transport persons or structure of the House of Representatives grams or projects requiring the acquisition property on a street or highway; and and the Committee on Environment and of real property or causing a displacement ‘‘(C) has a gross vehicle weight rating of at Public Works of the Senate a report that de- from real property subject to the provisions least 14,000 pounds. scribes the manners in which section 330 of of this Act shall provide to the lead agency ‘‘(7) PM2.5 NONATTAINMENT OR MAINTENANCE title 23, United States Code (as added by sub- an annual summary report the describes the AREA.—The term ‘PM2.5 nonattainment or section (a)) has been implemented, including activities conducted by the Federal agen- maintenance area’ means a nonattainment the quantity of covered equipment serviced cy.’’; and or maintenance area designated under sec- under those sections and the costs associated (2) by adding at the end the following: tion 107(d)(6) of the Clean Air Act (42 U.S.C. with servicing the covered equipment. ‘‘(d) ADJUSTMENT OF PAYMENTS.—The head 7407(d)(6)). (2) INFORMATION FROM STATES.—The Sec- of the lead agency may adjust, by regulation, ‘‘(c) CRITERIA ELIGIBLE ACTIVITIES.— retary shall require States and recipients, as the amounts of relocation payments pro- ‘‘(1) DIESEL EXHAUST CONTROL TECH- a condition of receiving amounts under this vided under sections 202(a)(4), 202(c), 203(a), NOLOGY.—For a diesel exhaust control tech- Act or under the provisions of any amend- and 204(a) if the head of the lead agency de- nology, the technology shall be— ments made by this Act, to submit to the termines that cost of living, inflation, or ‘‘(A) installed on a diesel engine or vehicle; Secretary any information that the Sec- other factors indicate that the payments ‘‘(B) included in the list of verified or cer- retary determines necessary to complete the should be adjusted to meet the policy objec- tified technologies for non-road vehicles and report under paragraph (1). tives of this Act.’’. non-road engines (as defined in section 216 of (d) TECHNICAL AMENDMENT.—The analysis (e) AGENCY COORDINATION.—Title II of the the Clean Air Act (42 U.S.C. 7550)) published for chapter 3 of title 23, United States Code, Uniform Relocation Assistance and Real pursuant to subsection (f)(2) of section 149, as is amended by adding at the end the fol- Property Acquisition Policies Act of 1970 is in effect on the day before the date of enact- lowing: amended by inserting after section 213 (42 ment of the MAP-21; and U.S.C. 4633) the following: ‘‘330. Construction equipment and vehicles.’’. ‘‘(C) certified by the installer as having ‘‘SEC. 214. AGENCY COORDINATION. SEC. 1512. USE OF DEBRIS FROM DEMOLISHED been installed in accordance with the speci- ‘‘(a) AGENCY CAPACITY.—Each Federal BRIDGES AND OVERPASSES. fications included on the list referred to in agency responsible for funding or carrying øsubclause (II)¿ subparagraph (B) for achiev- Section 1805(a) of the SAFETEA–LU (23 out relocation and acquisition activities U.S.C. 144 note; 119 Stat. 1459) is amended by ing a reduction in PM2.5. shall have adequately trained personnel and ‘‘(2) DIESEL ENGINE UPGRADE.—For a diesel striking ‘‘highway bridge replacement and such other resources as are necessary to engine upgrade, the upgrade shall be per- rehabilitation program under section 144’’ manage and oversee the relocation and ac- formed on an engine that is— and inserting ‘‘national highway perform- quisition program of the Federal agency in ‘‘(A) rebuilt using new components that ance program under section 119’’. accordance with this Act. collectively appear as a system in the list of SEC. 1513. EXTENSION OF PUBLIC TRANSIT VEHI- ‘‘(b) INTERAGENCY AGREEMENTS.—Not later verified or certified technologies for non- CLE EXEMPTION FROM AXLE than 1 year after the date of enactment of road vehicles and non-road engines (as de- WEIGHT RESTRICTIONS. this section, each Federal agency responsible fined in section 216 of the Clean Air Act (42 Section 1023(h)(1) of the Intermodal Sur- for funding relocation and acquisition activi- U.S.C. 7550)) published pursuant to sub- face Transportation Efficiency Act of 1991 (23 ties (other than the agency serving as the section (f)(2) of section 149, as in effect on U.S.C. 127 note; Public Law 102–388) is lead agency) shall enter into a memorandum the day before the date of enactment of the amended by striking ‘‘, for the period begin- of understanding with the lead agency that— MAP-21; and ning on October 6, 1992, and ending on Octo- ‘‘(1) provides for periodic training of the ‘‘(B) certified by the installer to have been ber 1, 2009,’’. personnel of the Federal agency, which in installed in accordance with the specifica- SEC. 1514. UNIFORM RELOCATION ASSISTANCE the case of a Federal agency that provides tions included on the list referred to in øsub- ACT AMENDMENTS. Federal financial assistance, may include clause (I)¿ subparagraph (A) for achieving a (a) MOVING AND RELATED EXPENSES.—Sec- personnel of any displacing agency that re- reduction in PM2.5. tion 202 of the Uniform Relocation Assist- ceives Federal financial assistance; ‘‘(3) DIESEL ENGINE REPOWER.—For a diesel ance and Real Property Acquisition Policies ‘‘(2) addresses ways in which the lead agen- engine repower, the repower shall be con- Act of 1970 (42 U.S.C. 4622) is amended— cy may provide assistance and coordination ducted on a new or remanufactured diesel en- (1) in subsection (a)(4) by striking ‘‘$10,000’’ to the Federal agency relating to compliance gine that is— and inserting ‘‘$25,000, as adjusted by regula- with the Act on a program or project basis; ‘‘(A) installed as a replacement for an en- tion, in accordance with section 213(d)’’; and and gine used in the existing equipment, subject (2) in the second sentence of subsection (c) ‘‘(3) addresses the funding of the training, to the condition that the replaced engine is— by striking ‘‘$20,000’’ and inserting ‘‘$40,000, assistance, and coordination activities pro- ‘‘(i) used for scrap; as adjusted by regulation, in accordance vided by the lead agency, in accordance with ‘‘(ii) permanently disabled; or with section 213(d)’’. subsection (c). ‘‘(iii) returned to the original manufac- (b) REPLACEMENT HOUSING FOR HOME- ‘‘(c) INTERAGENCY PAYMENTS.— turer for remanufacture to a PM level that is OWNERS.—The first sentence of section ‘‘(1) IN GENERAL.—For the fiscal year that at least equivalent to a Tier 2 emission 203(a)(1) of the Uniform Relocation Assist- begins 1 year after the date of enactment of standard; and ance and Real Property Acquisition Policies this section, and each fiscal year thereafter, ‘‘(B) certified by the engine manufacturer Act of 1970 (42 U.S.C. 4623(a)(1)) is amended— each Federal agency responsible for funding as meeting the emission standards for new (1) by striking ‘‘$22,500’’ and inserting relocation and acquisition activities (other vehicles for the applicable engine power ‘‘$31,000, as adjusted by regulation, in accord- than the agency serving as the lead agency) group established by the Environmental Pro- ance with 213(d),’’; and shall transfer to the lead agency for the fis- tection Agency as in effect on the date on (2) by striking ‘‘one hundred and eighty cal year, such funds as are necessary, but not which the engine is remanufactured. days prior to’’ and inserting ‘‘90 days be- less than $35,000, to support the training, as- ‘‘(4) IDLE REDUCTION CONTROL TECH- fore’’. sistance, and coordination activities of the NOLOGY.—For an idle reduction control tech- (c) REPLACEMENT HOUSING FOR TENANTS lead agency described in subsection (b). nology, the technology shall be— AND CERTAIN OTHERS.—Section 204 of the ‘‘(2) INCLUDED COSTS.—The cost to a Fed- ‘‘(A) installed on a diesel engine or vehicle; Uniform Relocation Assistance and Real eral agency of providing the funds described ‘‘(B) included in the list of verified or cer- Property Acquisition Policies Act of 1970 (42 in paragraph (1) shall be included as part of tified technologies for non-road vehicles and U.S.C. 4624) is amended— the cost of 1 or more programs or projects non-road engines (as defined in section 216 of (1) in the second sentence of subsection (a) undertaken by the Federal agency or with the Clean Air Act (42 U.S.C. 7550)) published by striking ‘‘$5,250’’ and inserting ‘‘$7,200, as Federal financial assistance that result in pursuant to subsection (f)(2) of section 149, as adjusted by regulation, in accordance with the displacement of persons or the acquisi- in effect on the day before the date of enact- section 213(d)’’; and tion of real property.’’. ment of the MAP-21; and (2) in the second sentence of subsection (b) (f) COOPERATION WITH FEDERAL AGENCIES.— ‘‘(C) certified by the installer as having by striking ‘‘, except’’ and all that follows Section 308 of title 23, United States Code, is been installed in accordance with the speci- through the end of the subsection and insert- amended by striking subsection (a) and in- fications included on the list referred to in ing a period. serting the following:

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‘‘(a) AUTHORIZED ACTIVITIES.— (B) to improve driver performance at rail- the Highway Trust Fund shall be available ‘‘(1) IN GENERAL.—The Secretary may per- way-highway crossings. for making expenditures to meet obligations form, by contract or otherwise, authorized (2) To operate the national work zone safe- resulting from projects authorized by sub- engineering or other services in connection ty information clearinghouse authorized by section (a)(2) of this section and such with the survey, construction, maintenance, section 358(b)(2) of the National Highway projects’’ and inserting ‘‘Projects authorized or improvement of highways for other Fed- System Designation Act of 1995 (23 U.S.C. 401 by subsection (a)(2)’’; and eral agencies, cooperating foreign countries, note; 109 Stat. 625) (ii) striking ‘‘on the surface transportation and State cooperating agencies. (3) To operate a public road safety clear- program’’ and inserting ‘‘under the transpor- ‘‘(2) INCLUSIONS.—Services authorized inghouse in accordance with section 1411(a) tation mobility program’’; and under paragraph (1) may include activities of the SAFETEA–LU (23 U.S.C. 402 note; 119 (E) in subsection (f) by striking ‘‘exits’’ authorized under section 214 of the Uniform Stat. 1234). and inserting ‘‘exists’’. Relocation Assistance and Real Property Ac- (4) To operate a bicycle and pedestrian (5) SECTION 145.—Section 145(b) of title 23, quisition Policies Act of 1970. safety clearinghouse in accordance with sec- United States Code, is amended by striking ‘‘(3) REIMBURSEMENT.—Reimbursement for tion 1411(b) of the SAFETEA–LU (23 U.S.C. ‘‘section 117 of this title,’’. services carried out under this subsection 402 note; 119 Stat. 1234). (6) SECTION 322.—Section 322(h)(3) of title 23, (including depreciation on engineering and (5) To operate a national safe routes to United States Code, is amended by striking road-building equipment) shall be credited to school clearinghouse in accordance with sec- ‘‘surface transportation program’’ and in- the applicable appropriation.’’. tion 1404(g) of the SAFETEA–LU (23 U.S.C. serting ‘‘the transportation mobility pro- (g) EFFECTIVE DATES.— 402 note; 119 Stat. 1229). gram’’. (1) IN GENERAL.—Except as provided in (6) To provide work zone safety grants in (d) CERTAIN ALLOCATIONS.—Notwithstanding paragraph (2), the amendments made by this accordance with subsections (a) and (b) of any other provision of law, any unobligated bal- section shall take effect on the date of enact- section 1409 of the SAFETEA–LU (23 U.S.C. ances of amounts required to be allocated to a ment of this Act. 401 note; 119 Stat. 1232). State by section 1307(d)(1) of the SAFETEA–LU (7) To provide grants to prohibit racial (2) EXCEPTION.—The amendments made by (23 U.S.C. 322 note; 119 Stat. 1217; 122 Stat. 1577) subsections (a) through (c) shall take effect 2 profiling in accordance with section 1906 of the shall instead be made available to such State for years after the date of enactment of this SAFETEA-LU (23 U.S.C. 402 note; 119 Stat. any purpose eligible under section 133(c) of title Act. 1468). 23, United States Code. (b) REPEALS.—Sections 105, 110, 117, 124, 147, SEC. 1515. USE OF YOUTH SERVICE AND CON- 151, 155, 160, and 303 of title 23, United States SEC. 1517. RESCISSIONS. SERVATION CORPS. Code, are repealed. (a) FISCAL YEAR 2012.— (a) IN GENERAL.—The Secretary shall en- (c) CONFORMING AMENDMENTS.— (1) Not later than 30 days after the date of courage the States and regional transpor- (1) TITLE ANALYSIS.—The analysis for title enactment of this Act, of the unobligated tation planning agencies to enter into con- 23, United States Code, is amended by strik- balances available under sections 144(f) and tracts and cooperative agreements with ing the items relating to sections 105, 110, 320 of title 23, United States Code, section 147 Healthy Futures Corps under section 117, 124, 147, 152, 155, 160, and 303 of that title. of Public Law 95–599 (23 U.S.C. 144 note; 92 122(a)(2) of the National and Community (2) SECTION 118.—Section 118 of such title is Stat. 2714), section 9(c) of Public Law 97–134 Service Act of 1990 (42 U.S.C. 12572(a)(2)) or amended— (95 Stat. 1702), section 149 of Public Law 100– qualified urban youth corps (as defined in (A) in subsection (b)— 17 (101 Stat. 181), sections 1006, 1069, 1103, section 106(c) of the National and Commu- (i) by striking paragraph (1) and all that 1104, 1105, 1106, 1107, 1108, 6005, 6015, and 6023 nity Service Trust Act of 1993 (42 U.S.C. follows through the heading of paragraph (2); of Public Law 102–240 (105 Stat. 1914), section 12656(c)) to perform— and 1602 of Public Law 105–178 (112 Stat. 256), sec- (1) appropriate projects eligible under sec- (ii) by striking ‘‘(other than for Interstate tions 1301, 1302, 1702, and 1934 of Public Law tions 162, 206, and 217 of title 23, United construction)’’; øand¿ 109–59 (119 Stat. 1144), and of other funds ap- States Code; (B) by striking subsection (c); and portioned to each State under chapter 1 of (2) appropriate transportation enhance- (C) by redesignating subsections (d) and (e) title 23, United States Code, prior to the date ment activities (as defined in section 101(a) as subsections (c) and (d), respectively. of enactment of this Act, $2,391,000,000 are of such title); (3) SECTION 130.—Section 130 of such title is permanently rescinded. (3) appropriate transportation byway, amended— (2) In administering the rescission required trail, or bicycle and pedestrian projects (A) by striking subsections (e) through (h); under this subsection, the Secretary shall under section 204 of such title; and (B) by redesignating subsection (i) as sub- allow each State to determine the amount of (4) appropriate safe routes to school section (e); the required rescission to be drawn from the projects under section 1404 of the SAFETEA– (C) by striking subsections (j) and (k); programs to which the rescission applies. LU (23 U.S.C. 402 note; 119 Stat. 1228). (D) by redesignating subsection (l) as sub- (b) FISCAL YEAR 2013.— (b) REQUIREMENTS.—Under any contract or section (f); (1) On October 1, 2012, of the unobligated cooperative agreement entered into with a (E) in subsection (e) (as so redesignated) by balances of funds apportioned or allocated on Healthy Futures Corps or qualified urban striking ‘‘this section’’ øthe second place it or before that date to each State under chap- youth corps under this section, the Sec- appears¿ the second place it appears and in- ter 1 of title 23, United States Code, retary— serting ‘‘section 104(b)(3)’’; and $3,054,000,000 are permanently rescinded. (1) shall establish the amount of a living (F) in subsection (f) (as so redesignated) by (2) Notwithstanding section 1132 of the En- allowance or rate of pay for each participant striking paragraphs (3) and (4). ergy Independence and Security Act of 2007 in such corps— (4) SECTION 142.—Section 142 of title 23, (Public Law 110–140; 121 Stat. 1763), in admin- (A) at such amount or rate as is required United States Code, is amended— istering the rescission required under this under State law in a State with such a re- (A) in subsection (a)— subsection, the Secretary shall allow each quirement; or (i) in paragraph (1)— State to determine the amount of the re- (B) for corps in a State not described in (I) by striking ‘‘motor vehicles (other than quired rescission to be drawn from the pro- subparagraph (A), at such amount or rate as rail)’’ and inserting ‘‘buses’’; grams to which the rescission applies. determined by the Secretary, not to exceed (II) by striking ‘‘(hereafter in this section SEC. 1518. STATE AUTONOMY FOR CULVERT PIPE the maximum living allowance authorized by referred to as ‘buses’)’’; SELECTION. section 140 of the National and Community (III) by striking ‘‘Federal-aid systems’’ and Not later than 180 days after the date of Service Act of 1990 (42 U.S.C. 12594); and inserting ‘‘Federal-aid highways’’; and enactment of this Act, the Secretary shall (2) shall not subject such corps to the re- (IV) by striking ‘‘Federal-aid system’’ and modify section 635.411 of title 23, Code of quirements of section 112 of title 23, United inserting ‘‘Federal-aid highway’’; and Federal Regulations (as in effect on the date States Code. (ii) in paragraph (2)— of enactment of this Act), to ensure that SEC. 1516. CONSOLIDATION OF PROGRAMS; RE- (I) by striking ‘‘as a project on the the sur- States shall have the autonomy to determine PEAL OF OBSOLETE PROVISIONS. face transportation program for’’; and culvert and storm sewer material types to be (a) CONSOLIDATION OF PROGRAMS.—From (II) by striking ‘‘section 104(b)(3)’’ and in- included in the construction of a project on administrative funds made available under serting ‘‘section 104(b)(2); a Federal-aid highway. section 104(a) of title 23, United States Code, (B) in subsection (b) by striking ‘‘104(b)(4)’’ SEC. 1519. EFFECTIVE AND SIGNIFICANT PER- not less than ø$10,000,000 for each fiscal year¿ and inserting ‘‘104(b)(1)’’; FORMANCE MEASURES. $15,000,000 for each of fiscal years 2012 and 2013 (C) in subsection (c)— (a) LIMITED NUMBER OF PERFORMANCE MEAS- shall be made available for the following ac- (i) by striking ‘‘system’’ in each place it URES.—In implementing provisions of this Act tivities: appears and inserting ‘‘highway’’; and (including the amendments made by this Act) (1) To carry out the operation lifesaver (ii) by striking ‘‘highway facilities’’ and in- and title 23, United States Code (other than program— serting ‘‘highways eligible under the pro- chapter 4 of that title), that authorize the Sec- (A) to provide public information and edu- gram that is the source of the funds’’; retary to develop performance measures, the cation programs to help prevent and reduce (D) in subsection (e)(2)— Secretary shall limit the number of performance motor vehicle accidents, injuries, and fatali- (i) by striking ‘‘Notwithstanding section measures established to the most significant and ties; and 209(f)(1) of the Highway Revenue Act of 1956, effective measures.

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(b) DIFFERENT APPROACHES FOR URBAN AND (c) OPTIONAL TRAINING PROGRAM.—As a con- ‘‘(4) INTELLIGENT TRANSPORTATION INFRA- RURAL AREAS.—In the development and imple- dition of entering into a contract for an eligible STRUCTURE.—The term ‘intelligent transpor- mentation of any performance target, a State bridge project, each contractor and subcon- tation infrastructure’ means fully integrated may, as appropriate, provide for different per- tractor that performs construction, alteration, public sector intelligent transportation sys- formance targets for urbanized and rural areas. or repair work on a bridge or overpass for the el- tem components, as defined by the Sec- SEC. 1520. REQUIREMENTS FOR ELIGIBLE BRIDGE igible bridge project may provide, or make avail- retary. PROJECTS. able, training, through a qualified training pro- ‘‘(5) INTELLIGENT TRANSPORTATION SYS- (a) DEFINITIONS.—In this section: gram, for each applicable craft or trade classi- TEM.—The terms ‘intelligent transportation (1) ELIGIBLE BRIDGE PROJECT.—The term ‘‘eli- fication of employees that the contractor or sub- system’ and ‘ITS’ mean electronics, gible bridge project’’ means a project for con- contractor intends to employ to carry out as- photonics, communications, or information struction, alteration, or repair work on a bridge pects of eligible bridge projects as described in processing used singly or in combination to or overpass funded directly by, or provided subsection (b)(2). improve the efficiency or safety of a surface other assistance through, the Federal Govern- TITLE II—RESEARCH AND EDUCATION transportation system. ment. ‘‘(6) NATIONAL ARCHITECTURE.—For pur- Subtitle A—Funding (2) QUALIFIED TRAINING PROGRAM.—The term poses of this chapter, the term ‘national ar- ‘‘qualified training program’’ means a training SEC. 2101. AUTHORIZATION OF APPROPRIATIONS. chitecture’ means the common framework program that— (a) IN GENERAL.—The following amounts for interoperability that defines— (A)(i) is certified by the Secretary of Labor; are authorized to be appropriated out of the ‘‘(A) the functions associated with intel- and Highway Trust Fund (other than the Mass ligent transportation system user services; (ii) with respect to an eligible bridge project Transit Account): ‘‘(B) the physical entities or subsystems located in an area in which the Secretary of (1) HIGHWAY RESEARCH AND DEVELOPMENT within which the functions reside; Labor determines that a training program does PROGRAM.—To carry out sections 503(b), ‘‘(C) the data interfaces and information not exist, is registered with— 503(d), and 509 of title 23, United States Code, flows between physical subsystems; and (I) the Department of Labor; or $90,000,000 for each of fiscal years 2012 and ‘‘(D) the communications requirements as- (II) a State agency recognized by the Depart- 2013. sociated with the information flows. ment of Labor for purposes of a Federal training (2) TECHNOLOGY AND INNOVATION DEPLOY- ‘‘(7) PROJECT.—The term ‘project’ means program; or MENT PROGRAM.—To carry out section 503(c) an undertaking to research, develop, or oper- (B) is a corrosion control, mitigation and pre- of title 23, United States Code, $90,000,000 for ationally test intelligent transportation sys- vention personnel training program that is of- each of fiscal years 2012 and 2013. tems or any other undertaking eligible for fered by an organization whose standards are (3) TRAINING AND EDUCATION.—To carry out assistance under this chapter.’’; and recognized and adopted in other Federal or section 504 of title 23, United States Code, (3) by inserting after paragraph (8) (as so State Departments of Transportation. $24,000,000 for each of fiscal years 2012 and redesignated) the following: (3) SECRETARY.—The term ‘‘Secretary’’ means 2013. ‘‘(9) STANDARD.—The term ‘standard’ the Secretary of Transportation. (4) INTELLIGENT TRANSPORTATION SYSTEMS means a document that— LIGIBILITY EQUIREMENTS (b) E R .— PROGRAM.—To carry out sections 512 through ‘‘(A) contains technical specifications or (1) IN GENERAL.—Each contractor and subcon- 518 of title 23, United States Code, $100,000,000 other precise criteria for intelligent trans- tractor that carries out any aspect of an eligible for each of fiscal years 2012 and 2013. portation systems that are to be used con- bridge project described in paragraph (2) shall— (5) UNIVERSITY TRANSPORTATION CENTERS sistently as rules, guidelines, or definitions (A) before entering into the applicable con- PROGRAM.—To carry out section 5505 of title of characteristics so as to ensure that mate- tract, be certified by the Secretary or a State, in 49, United States Code, $70,000,000 for each of rials, products, processes, and services are fit accordance with paragraph (4), as meeting the fiscal years 2012 and 2013. for the intended purposes of the materials, eligibility requirements described in paragraph (6) BUREAU OF TRANSPORTATION STATIS- products, processes, and services; and (3); and TICS.—To carry out chapter 65 of title 49, ‘‘(B) may support the national architecture (B) remain certified as described in subpara- United States Code, $26,000,000 for each of fis- and promote— graph (A) while carrying out the applicable as- cal years 2012 and 2013. ‘‘(i) the widespread use and adoption of in- pect of the eligible bridge project. (b) APPLICABILITY OF TITLE 23, UNITED telligent transportation system technology (2) DESCRIPTION OF ASPECTS OF ELIGIBLE STATES CODE.—Funds authorized to be appro- as a component of the surface transportation BRIDGE PROJECTS.—An aspect of an eligible priated by subsection (a) shall— systems of the United States; and bridge project referred to in paragraph (1) is— ‘‘(ii) interoperability among intelligent (A) surface preparation or coating application (1) be available for obligation in the same manner as if those funds were apportioned transportation system technologies imple- on bridge steel of an eligible bridge project; mented throughout the States.’’. (B) removal of a lead-based or other haz- under chapter 1 of title 23, United States ardous coating from bridge steel of an existing Code, except that the Federal share of the SEC. 2202. SURFACE TRANSPORTATION RE- SEARCH, DEVELOPMENT, AND TECH- eligible bridge project; cost of a project or activity carried out using those funds shall be 80 percent, unless other- NOLOGY. (C) shop painting of structural steel fabricated (a) SURFACE TRANSPORTATION RESEARCH, wise expressly provided by this Act (includ- for installation on bridge steel of an eligible DEVELOPMENT, AND TECHNOLOGY.—Section ing the amendments by this Act) or other- bridge project; and 502 of title 23, United States Code, is amend- wise determined by the Secretary; and (D) the design, application, installation, and ed— (2) remain available until expended and not maintenance of a cathodic protection system. (1) in the section heading by inserting ‘‘, be transferable. (3) REQUIREMENTS.—The eligibility require- DEVELOPMENT, AND TECHNOLOGY’’ after ments referred to in paragraph (1) are that a Subtitle B—Research, Technology, and ‘‘SURFACE TRANSPORTATION RE- contractor or subcontractor shall— Education SEARCH’’; (A) as determined by the Secretary— SEC. 2201. RESEARCH, TECHNOLOGY, AND EDU- (2) in subsection (a)— (i) use corrosion mitigation and prevention CATION. (A) by redesignating paragraphs (1) methods to preserve relevant bridges and over- Section 501 of title 23, United States Code, through (8) as paragraphs (2) through (9), re- passes, taking into account— is amended— spectively; (I) material selection; (1) by redesignating paragraph (2) as para- (B) by inserting before paragraph (2) (as re- (II) coating considerations; (III) cathodic protection considerations; graph (8); designated by subparagraph (A)) the fol- (IV) design considerations for corrosion; and (2) by inserting after paragraph (1) the fol- lowing: (V) trained applicators; lowing: ‘‘(1) APPLICABILITY.—The research, devel- (ii) use best practices— ‘‘(2) INCIDENT.—The term ‘incident’ means opment, and technology provisions of this (I) to prevent environmental degradation; and a crash, natural disaster, workzone activity, section shall apply throughout this chap- (II) to ensure careful handling of all haz- special event, or other emergency road user ter.’’; ardous materials; and occurrence that adversely affects or impedes (C) in paragraph (2) (as redesignated by (iii) demonstrate a history of employing indus- the normal flow of traffic. subparagraph (A))— try-respected inspectors to ensure funds are ‘‘(3) INNOVATION LIFECYCLE.—The term ‘in- (i) by inserting ‘‘within the innovation used in the interest of affected taxpayers; and novation lifecycle’ means the process of in- lifecycle’’ after ‘‘activities’’; and (B) demonstrate a history of compliance with novating through— (ii) by inserting ‘‘marketing and commu- applicable requirements of the Occupational ‘‘(A) the identification of a need; nications, impact analysis,’’ after ‘‘train- Safety and Health Administration, as deter- ‘‘(B) the establishment of the scope of re- ing,’’; mined by the Secretary of Labor. search to address that need; (D) in paragraph (3) (as redesignated by (4) STATE CONSULTATION.—In determining ‘‘(C) setting an agenda; subparagraph (A))— whether to certify a contractor or subcontractor ‘‘(D) carrying out research, development, (i) in subparagraph (B) by striking ‘‘sup- under paragraph (1)(A), a State shall consult deployment, and testing of the resulting ports research in which there is a clear pub- with engineers and other experts trained in ac- technology or innovation; and lic benefit and’’ and inserting ‘‘delivers a cordance with subsection (a)(2) specializing in ‘‘(E) carrying out an evaluation of the im- clear public benefit and occurs where’’; corrosion control, mitigation, and prevention pact of the resulting technology or innova- (ii) in subparagraph (C) by striking ‘‘or’’ methods. tion. after the semicolon;

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(iii) by redesignating subparagraph (D) as ‘‘(7) PRIZE COMPETITIONS.— SEC. 2203. RESEARCH AND TECHNOLOGY DEVEL- subparagraph (H); and ‘‘(A) IN GENERAL.—The Secretary may OPMENT AND DEPLOYMENT. (iv) by inserting after subparagraph (C) the carry out prize competitions to award com- (a) IN GENERAL.—Section 503 of title 23, following: petitive prizes for surface transportation in- United States Code, is amended to read as ‘‘(D) meets and addresses current or emerg- novations that have the potential for appli- follows: ing needs; cation to the research and technology objec- ‘‘§ 503. Research and technology development ‘‘(E) presents the best means to align re- tives and activities of the Federal Highway and deployment sources with multiyear plans and priorities; Administration to improve system perform- ‘‘(a) IN GENERAL.—The Secretary shall— ‘‘(F) ensures the coordination of highway ance. ‘‘(1) carry out research, development, and research and technology transfer activities, ‘‘(B) REQUIREMENTS.— deployment activities that encompass the including through activities performed by ‘‘(i) IN GENERAL.—The Secretary shall use a entire innovation lifecycle; and university transportation centers; competitive process for the selection of prize ‘‘(2) ensure that all research carried out ‘‘(G) educates current and future transpor- recipients and shall widely advertise and so- under this section aligns with the transpor- tation professionals; or’’; licit participation in prize competitions tation research and development strategic (E) in paragraph (4) (as redesignated by under this paragraph. plan of the Secretary. subparagraph (A)) by striking subparagraphs ‘‘(b) HIGHWAY RESEARCH AND DEVELOPMENT (B) through (D) and inserting the following: ‘‘(ii) REGISTRATION REQUIRED.—No indi- PROGRAM.— ‘‘(B) partner with State highway agencies vidual or entity shall participate in a prize ‘‘(1) OBJECTIVES.—In carrying out the high- and other stakeholders as appropriate, in- competition under this paragraph unless the way research and development program, the cluding international entities, to facilitate individual or entity has registered with the Secretary, to address current and emerging research and technology transfer activities; Secretary in accordance with the eligibility highway transportation needs, shall— ‘‘(C) communicate the results of ongoing requirements established by the Secretary ‘‘(A) identify research topics; and completed research; under clause (iii). ‘‘(B) coordinate domestic and international ‘‘(D) lead efforts to coordinate national ‘‘(iii) MINIMUM REQUIREMENTS.—The Sec- research and development activities; emphasis areas of highway research, tech- retary shall establish eligibility require- ‘‘(C) carry out research, testing, and eval- nology, and innovation deployment; ments for participation in each prize com- ‘‘(E) leverage partnerships with industry, petition under this paragraph, which, at a uation activities; and academia, and international entities; and minimum, shall— ‘‘(D) provide technology transfer and tech- ‘‘(F) conduct, facilitate, and support train- ‘‘(I) limit participation in the prize com- nical assistance. ‘‘(2) CONTENTS.—Research and development ing and education of current and future petition to— activities carried out under this section may transportation professionals.’’; ‘‘(aa) individuals who are citizens of the include any of the following activities: (F) in paragraph (5)(C) (as redesignated by United States; ‘‘(A) IMPROVING HIGHWAY SAFETY.— subparagraph (A)) by striking ‘‘policy and ‘‘(bb) entities organized or existing under ‘‘(i) IN GENERAL.—The Secretary shall planning’’ and inserting ‘‘all highway objec- the laws of the United States or of a State; tives seeking to improve the performance of carry out research and development activi- and ties from an integrated perspective to estab- the transportation system’’; ‘‘(cc) entities organized or existing under (G) in paragraph (6) (as redesignated by lish and implement systematic measures to the laws of a foreign country, if the control- improve highway safety. subparagraph (A)) in the second sentence, by ling interest, as defined by the Secretary, is inserting ‘‘tribal governments,’’ after ‘‘local ‘‘(ii) OBJECTIVES.—In carrying out this sub- held by an individual or entity described in paragraph the Secretary shall carry out re- governments,’’; and item (aa) or (bb); (H) in paragraph (8) (as redesignated by search and development activities— ‘‘(II) require any individual or entity that subparagraph (A))— ‘‘(I) to achieve greater long-term safety registers for a prize competition— (i) in the first sentence, by striking ‘‘To gains; ‘‘(aa) to assume all risks arising from par- the maximum’’ and inserting the following: ‘‘(II) to reduce the number of fatalities and ticipation in the competition; and ‘‘(A) IN GENERAL.—To the maximum’’; serious injuries on public roads; (ii) in the second sentence, by striking ‘‘(bb) to waive all claims against the Fed- ‘‘(III) to fill knowledge gaps that limit the ‘‘Performance measures’’ and inserting the eral Government for any damages arising effectiveness of research; following: out of participation in the competition, in- ‘‘(IV) to support the development and im- ‘‘(B) PERFORMANCE MEASURES.—Perform- cluding all claims, whether through neg- plementation of State strategic highway ance measures’’; ligence or otherwise, except in the case of safety plans; (iii) in the third sentence, by striking ‘‘All willful misconduct, for— ‘‘(V) to advance improvements in, and use evaluations’’ and inserting the following: ‘‘(AA) injury, death, damage, or loss of of, performance prediction analysis for deci- ‘‘(D) AVAILABILITY OF EVALUATIONS.—All property; or sionmaking; and evaluations under this paragraph’’; and ‘‘(BB) loss of revenue or profits, whether ‘‘(VI) to expand technology transfer to (iv) by inserting after subparagraph (B) the direct, indirect, or consequential; and partners and stakeholders. following: ‘‘(III) require any individual or entity that ‘‘(iii) CONTENTS.—Research and technology ‘‘(C) PROGRAM PLAN.—To the maximum ex- registers for a prize competition to waive all activities carried out under this subpara- tent practicable, each program pursued claims against any non-Federal entity oper- graph may include— under this chapter shall be part of a data- ating or managing the prize competition, ‘‘(I) safety assessments and decision- driven, outcome-oriented program plan.’’; such as a private contractor managing com- making tools; (3) in subsection (b)— petition activities, to the extent that the ‘‘(II) data collection and analysis; (A) in paragraph (4) by striking ‘‘surface Secretary believes is necessary to protect ‘‘(III) crash reduction projections; transportation research and technology de- the interests of the Federal Government. ‘‘(IV) low-cost safety countermeasures; velopment strategic plan developed under ‘‘(C) RELATIONSHIP TO OTHER AUTHORITY.— ‘‘(V) innovative operational improvements section 508’’ and inserting ‘‘the transpor- The Secretary may exercise the authority in and designs of roadway and roadside fea- tation research and development strategic this section in conjunction with, or in addi- tures; plan of the Secretary’’; tion to, any other authority of the Secretary ‘‘(VI) evaluation of countermeasure costs (B) in paragraph (5) by striking ‘‘section’’ to acquire, support, or stimulate innovations and benefits; each place it appears and inserting ‘‘chap- with the potential for application to the Fed- ‘‘(VII) development of tools for projecting ter’’; eral highway research technology and edu- impacts of safety countermeasures; (C) in paragraph (6) by adding at the end ‘‘(VIII) rural road safety measures; cation program.’’; the following: ‘‘(IX) safety measures for vulnerable road (4) in subsection (c)— ‘‘(C) TRANSFER OF AMOUNTS AMONG STATES users, including bicyclists and pedestrians; (A) in paragraph (3)(A)— OR TO FEDERAL HIGHWAY ADMINISTRATION.— ‘‘(X) safety policy studies; (i) by striking ‘‘subsection’’ and inserting The Secretary may, at the request of a ‘‘(XI) human factors studies and measures; ‘‘chapter’’; and State, transfer amounts apportioned or allo- ‘‘(XII) safety technology deployment; cated to that State under this chapter to an- (ii) by striking ‘‘50’’ and inserting ‘‘80’’; ‘‘(XIII) safety workforce professional ca- other State or the Federal Highway Admin- and pacity building initiatives; istration to fund research, development, and (B) in paragraph (4) by striking ‘‘sub- ‘‘(XIV) safety program and process im- technology transfer activities of mutual in- section’’ and inserting ‘‘chapter’’; and provements; and terest on a pooled funds basis. (5) by striking subsections (d) through (j). ‘‘(XV) tools and methods to enhance safety ‘‘(D) TRANSFER OF OBLIGATION AUTHORITY.— (b) CONFORMING AMENDMENT.—The analysis performance, including achievement of Obligation authority for amounts trans- for chapter 5 of title 23, United States Code, statewide safety performance targets. ferred under this subsection shall be dis- is amended by striking the item relating to ‘‘(B) IMPROVING INFRASTRUCTURE INTEG- bursed in the same manner and for the same section 502 and inserting the following: RITY.— amount as provided for the project being ‘‘(i) IN GENERAL.—The Secretary shall transferred.’’; and ‘‘502. Surface transportation research, devel- carry out and facilitate highway infrastruc- (D) by adding at the end the following: opment, and technology.’’. ture research and development activities—

VerDate Mar 15 2010 05:24 Jun 04, 2013 Jkt 099060 PO 00000 Frm 00076 Fmt 4624 Sfmt 0634 J:\CRONLINE\2000-THRU-2012-ONLINE-CORRECTIONS\2012 RECORD ONLINE CORREC bjneal on DSK2TWX8P1PROD with February 9, 2012 CONGRESSIONAL RECORD — SENATE S471 ‘‘(I) to maintain infrastructure integrity; tation, restoring, and resurfacing costs, over ‘‘(VI) streamlining of project delivery proc- ‘‘(II) to meet user needs; and the life of the project segment. esses; ‘‘(III) to link Federal transportation in- ‘‘(II) STUDY.—The Comptroller General ‘‘(VII) development of effective strategies vestments to improvements in system per- shall conduct a study of the best practices and techniques to analyze and minimize im- formance. for calculating lifecycle costs for federally pacts to the natural and human environment ‘‘(ii) OBJECTIVES.—In carrying out this sub- funded highway projects. At a minimum, and provide environmentally beneficial miti- paragraph, the Secretary shall carry out re- this study shall include a thorough lit- gation; search and development activities— erature review and a survey of current ‘‘(VIII) comprehensive multinational plan- ‘‘(I) to reduce the number of fatalities at- lifecycle cost practices of State departments ning; tributable to infrastructure design charac- of transportation. ‘‘(IX) multistate transportation corridor teristics and work zones; ‘‘(III) CONSULTATION.—In carrying out this planning; ‘‘(II) to improve the safety and security of study, the Comptroller shall consult with, at ‘‘(X) improvement of transportation highway infrastructure; a minimum— choices, including walking, bicycling, and ‘‘(III) to increase the reliability of lifecycle ‘‘(aa) the American Association of State linkages to public transportation; performance predictions used in infrastruc- Highway and Transportation Officials; ‘‘(XI) ecosystem sustainability; ture design, construction, and management; ‘‘(bb) appropriate experts in the field of ‘‘(XII) wildlife and plant population ‘‘(IV) to improve the ability of transpor- lifecycle cost analysis; and connectivity and interaction across and tation agencies to deliver projects that meet ‘‘(cc) appropriate industry experts and re- along highway corridors; expectations for timeliness, quality, and search centers. ‘‘(XIII) analysis, measurement, and reduc- cost; ‘‘(IV) REPORT.—Not later than 1 year after tion of air pollution from transportation ‘‘(V) to reduce user delay attributable to the date of enactment of the MAP-21, the sources; infrastructure system performance, mainte- Comptroller General shall submit to the ‘‘(XIV) advancement in the understanding nance, rehabilitation, and construction; Committee on Environment and Public of health impact analyses in transportation ‘‘(VI) to improve highway condition and Works of the Senate and the Committee on planning and project development; performance through increased use of design, Transportation and Infrastructure of the materials, construction, and maintenance House of Representatives a report on the re- ‘‘(XV) transportation planning professional innovations; sults of the study which shall include, but is development; ‘‘(VII) to reduce the lifecycle environ- not limited to— ‘‘(XVI) research on improving the coopera- mental impacts of highway infrastructure ‘‘(aa) a summary of the latest research on tion and integration of transportation plan- through innovations in design, construction, lifecycle cost analysis; and ning with other regional plans, including operation, preservation, and maintenance; ‘‘(bb) recommendations on the appro- land use, energy, water infrastructure, eco- and priate— nomic development, and housing plans; and ‘‘(VIII) to study vulnerabilities of the ‘‘(AA) period of analysis; ‘‘(XVII) reducing the environmental im- transportation system to seismic activities ‘‘(BB) design period; pacts of freight movement. and extreme events and methods to reduce ‘‘(CC) discount rates; and ‘‘(D) REDUCING CONGESTION, IMPROVING those vulnerabilities. ‘‘(DD) use of actual material life and main- HIGHWAY OPERATIONS, AND ENHANCING FREIGHT ‘‘(iii) CONTENTS.—Research and technology tenance cost data. PRODUCTIVITY.— activities carried out under this subpara- ‘‘(C) STRENGTHENING TRANSPORTATION ‘‘(i) IN GENERAL.—The Secretary shall graph may include— PLANNING AND ENVIRONMENTAL DECISION- carry out research under this subparagraph ‘‘(I) long-term infrastructure performance MAKING.— with the goals of— programs addressing pavements, bridges, ‘‘(i) IN GENERAL.—The Secretary shall ‘‘(I) addressing congestion problems; tunnels, and other structures; carry out research— ‘‘(II) reducing the costs of congestion; ‘‘(II) short-term and accelerated studies of ‘‘(I) to improve transportation planning ‘‘(III) improving freight movement; infrastructure performance; and environmental decisionmaking proc- ‘‘(IV) increasing productivity; and ‘‘(III) research to develop more durable in- esses; and ‘‘(V) improving the economic competitive- frastructure materials and systems; ‘‘(II) to minimize the impact of surface ness of the United States. ‘‘(IV) advanced infrastructure design meth- transportation on the environment and qual- ‘‘(ii) OBJECTIVES.—In carrying out this sub- ods; ity of life. paragraph, the Secretary shall carry out re- ‘‘(V) accelerated highway construction; ‘‘(ii) OBJECTIVES.—In carrying out this sub- search and development activities to iden- ‘‘(VI) performance-based specifications; paragraph the Secretary shall carry out re- tify, develop, and assess innovations that ‘‘(VII) construction and materials quality search and development activities— have the potential— assurance; ‘‘(I) to reduce the impact of highway infra- ‘‘(I) to reduce traffic congestion; ‘‘(VIII) comprehensive and integrated in- structure and operations on the natural and ‘‘(II) to improve freight movement; and frastructure asset management; human environment; ‘‘(III) to reduce freight-related congestion ‘‘(IX) infrastructure safety assurance; ‘‘(II) to advance improvements in environ- throughout the transportation network. ‘‘(X) highway infrastructure security; mental analyses and processes and context ‘‘(iii) CONTENTS.—Research and technology ‘‘(XI) sustainable infrastructure design and sensitive solutions for transportation deci- activities carried out under this subpara- construction; sionmaking; graph may include— ‘‘(XII) infrastructure rehabilitation and ‘‘(III) to improve construction techniques; ‘‘(I) active traffic and demand manage- preservation techniques, including tech- ‘‘(IV) to accelerate construction to reduce ment; niques to rehabilitate and preserve historic congestion and related emissions; ‘‘(II) acceleration of the implementation of infrastructure; ‘‘(V) to reduce the impact of highway run- Intelligent Transportation Systems tech- ‘‘(XIII) hydraulic, geotechnical, and aero- off on the environment; nology; dynamic aspects of infrastructure; ‘‘(VI) to maintain sustainability of biologi- ‘‘(III) advanced transportation concepts ‘‘(XIV) improved highway construction cal communities and ecosystems adjacent to and analysis; technologies and practices; highway corridors; ‘‘(IV) arterial management and traffic sig- ‘‘(XV) improved tools, technologies, and ‘‘(VII) to improve understanding and mod- nal operation; models for infrastructure management, in- eling of the factors that contribute to the de- ‘‘(V) congestion pricing; cluding assessment and monitoring of infra- mand for transportation; ‘‘(VI) corridor management; structure condition; ‘‘(VIII) to improve transportation planning ‘‘(VII) emergency operations; ‘‘(XVI) studies to improve flexibility and decisionmaking and coordination; and ‘‘(VIII) research relating to enabling tech- resiliency of infrastructure systems to with- ‘‘(IX) to reduce the environmental impacts nologies and applications; stand climate variability; of freight movement. ‘‘(IX) freeway management; ‘‘(XVII) studies of infrastructure resilience ‘‘(iii) CONTENTS.—Research and technology ‘‘(X) evaluation of enabling technologies; and other adaptation measures; and activities carried out under this subpara- ‘‘(XI) freight industry professional develop- ‘‘(XVIII) maintenance of seismic research graph may include— ment; activities, including research carried out in ‘‘(I) creation of models and tools for evalu- ‘‘(XII) impacts of vehicle size and weight conjunction with other Federal agencies to ating transportation measures and transpor- on congestion; study the vulnerability of the transportation tation system designs; ‘‘(XIII) freight operations and technology; system to seismic activity and methods to ‘‘(II) congestion reduction efforts; ‘‘(XIV) operations and freight performance reduce that vulnerability. ‘‘(III) transportation and economic develop- measurement and management; ‘‘(iv) LIFECYCLE COSTS ANALYSIS STUDY.— ment planning in rural areas and small com- ‘‘(XV) organization and planning for oper- ‘‘(I) IN GENERAL.—In this clause, the term munities; ations; ‘lifecycle costs analysis’ means a process for ‘‘(IV) improvement of State, local, and ‘‘(XVI) planned special events manage- evaluating the total economic worth of a us- tribal capabilities relating to surface trans- ment; able project segment by analyzing initial portation planning and the environment; ‘‘(XVII) real-time transportation informa- costs and discounted future costs, such as ‘‘(V) environmental stewardship and sus- tion; maintenance, user, reconstruction, rehabili- tainability activities; ‘‘(XVIII) road weather management;

VerDate Mar 15 2010 05:24 Jun 04, 2013 Jkt 099060 PO 00000 Frm 00077 Fmt 4624 Sfmt 0634 J:\CRONLINE\2000-THRU-2012-ONLINE-CORRECTIONS\2012 RECORD ONLINE CORREC bjneal on DSK2TWX8P1PROD with S472 CONGRESSIONAL RECORD — SENATE February 9, 2012 ‘‘(XIX) traffic and freight data and anal- Congress on changes to the Highway Per- ‘‘(III) development and delivery of research ysis tools; formance Monitoring System that address— reports and innovation delivery messages; ‘‘(XX) traffic control devices; ‘‘(I) improvements to the quality and ‘‘(IV) identification of market-ready tech- ‘‘(XXI) traffic incident management; standardization of data collection on all nologies and innovations; and ‘‘(XXII) work zone management; functional classifications of Federal-aid ‘‘(V) provision of access to data developed ‘‘(XXIII) communication of travel, road- highways for accurate system length, lane under this subparagraph to the public, in- way, and emergency information to persons length, and vehicle-mile of travel; and cluding researchers, stakeholders, and cus- with disabilities; and ‘‘(II) changes to the reporting require- tomers, through a publicly accessible Inter- ‘‘(XXIV) research on enhanced mode choice ments authorized under section 315, to re- net site. and intermodal connectivity. flect recommendations under this paragraph ‘‘(c) TECHNOLOGY AND INNOVATION DEPLOY- ‘‘(E) ASSESSING POLICY AND SYSTEM FINANC- for collection, storage, analysis, reporting, MENT PROGRAM.— ING ALTERNATIVES.— and display of data for Federal-aid highways ‘‘(1) IN GENERAL.—The Secretary shall ‘‘(i) IN GENERAL.—The Secretary shall and, to the maximum extent practical, all carry out a technology and innovation de- carry out research and technology on emerg- public roads. ployment program relating to all aspects of highway transportation, including planning, ing issues in the domestic and international ‘‘(G) EXPLORING NEXT GENERATION SOLU- transportation community from a policy per- financing, operation, structures, materials, TIONS AND CAPITALIZING ON THE HIGHWAY RE- spective. pavements, environment, construction, and SEARCH CENTER.— ‘‘(ii) OBJECTIVES.—Research and tech- the duration of time between project plan- ‘‘(i) IN GENERAL.—The Secretary shall nology activities carried out under this sub- ning and project delivery, with the goals of— carry out research and development activi- paragraph shall provide information to pol- ‘‘(A) significantly accelerating the adop- ties relating to exploratory advanced re- icy and decisionmakers on current and tion of innovative technologies by the sur- search— emerging transportation issues. face transportation community; ‘‘(I) to leverage the targeted capabilities of ‘‘(iii) RESEARCH ACTIVITIES.—Activities car- ‘‘(B) providing leadership and incentives to the Turner-Fairbank Highway Research Cen- ried out under this subparagraph shall in- demonstrate and promote state-of-the-art ter to develop technologies and innovations clude— technologies, elevated performance stand- ‘‘(I) the planning and integration of a co- of national importance; and ards, and new business practices in highway ordinated program related to the possible de- ‘‘(II) to develop potentially trans- construction processes that result in im- sign, interoperability, and institutional roles formational solutions to improve the dura- proved safety, faster construction, reduced of future sustainable transportation revenue bility, efficiency, environmental impact, congestion from construction, and improved mechanisms; productivity, and safety aspects of highway quality and user satisfaction; ‘‘(II) field trials to research potential al- and intermodal transportation systems. ‘‘(C) constructing longer-lasting highways ternative revenue mechanisms, and the Sec- ‘‘(ii) CONTENTS.—Research and technology through the use of innovative technologies retary may partner with individual States, activities carried out under this subpara- and practices that lead to faster construc- groups of States, or other entities to imple- graph may include— tion of efficient and safe highways and ment such trials; and ‘‘(I) long-term, high-risk research to im- bridges; ‘‘(III) other activities to study new meth- prove the materials used in highway infra- ‘‘(D) improving highway efficiency, safety, ods which preserve a user-fee structure to structure; mobility, reliability, service life, environ- maintain the long-term solvency of the ‘‘(II) exploratory research to assess the ef- mental protection, and sustainability; and Highway Trust Fund. fects of transportation decisions on human ‘‘(E) developing and deploying new tools, ‘‘(iv) CONTENTS.—Research and technology health; techniques, and practices to accelerate the activities carried out under this subpara- ‘‘(III) advanced development of surrogate adoption of innovation in all aspects of high- graph may include— measures for highway safety; way transportation. ‘‘(I) highway needs and investment anal- ‘‘(IV) transformational research to affect ‘‘(2) IMPLEMENTATION.— ysis; complex environmental and highway system ‘‘(A) IN GENERAL.—The Secretary shall pro- ‘‘(II) a motor fuel tax evasion program; relationships; mote, facilitate, and carry out the program ‘‘(III) advancing innovations in revenue ‘‘(V) development of economical and envi- established under paragraph (1) to distribute generation, financing, and procurement for ronmentally sensitive designs, efficient and the products, technologies, tools, methods, project delivery; quality-controlled construction practices, or other findings that result from highway ‘‘(IV) improving the accuracy of project and durable materials; research and development activities, includ- cost analyses; ‘‘(VI) development of advanced data acqui- ing research and development activities car- ‘‘(V) highway performance measurement; sition techniques for system condition and ried out under this chapter. ‘‘(VI) travel demand performance measure- performance monitoring; ‘‘(B) ACCELERATED INNOVATION DEPLOY- ment; ‘‘(VII) inclusive research for hour-to-hour MENT.—In carrying out the program estab- ‘‘(VII) highway finance performance meas- operational decisionmaking and simulation lished under paragraph (1), the Secretary urement; forecasting; shall— ‘‘(VIII) international technology exchange ‘‘(VIII) understanding current and emerg- ‘‘(i) establish and carry out demonstration initiatives; ing phenomena to inform next generation programs; ‘‘(IX) infrastructure investment needs re- transportation policy decisionmaking; and ‘‘(ii) provide incentives, technical assist- ports; ‘‘(IX) continued improvement and advance- ance, and training to researchers and devel- ‘‘(X) promotion of the technologies, prod- ment of the Turner-Fairbank Highway Re- opers; and ucts, and best practices of the United States; search Center. ‘‘(iii) develop improved tools and methods and ‘‘(H) ALIGNING NATIONAL CHALLENGES AND to accelerate the adoption of proven innova- ‘‘(XI) establishment of partnerships among DISSEMINATING INFORMATION.— tive practices and technologies as standard the United States, foreign agencies, and ‘‘(i) IN GENERAL.—The Secretary shall con- practices. transportation experts. duct research and development activities— ‘‘(C) IMPLEMENTATION OF FUTURE STRATEGIC ‘‘(v) FUNDING.—Of the funds authorized to ‘‘(I) to establish a nationally coordinated HIGHWAY RESEARCH PROGRAM FINDINGS AND carry out this subsection, no less than 50 per- highway research agenda that— RESULTS.— cent shall be used to carry out clause (iii). ‘‘(aa) focuses on topics of national signifi- ‘‘(i) IN GENERAL.—The Secretary, in con- ‘‘(F) INFRASTRUCTURE INVESTMENT NEEDS cance; sultation with the American Association of REPORT.— ‘‘(bb) addresses current gaps in research; State Highway and Transportation Officials ‘‘(i) IN GENERAL.—Not later than July 31, ‘‘(cc) encourages collaboration; and the Transportation Research Board of 2012, and July 31 of every second year there- ‘‘(dd) reduces unnecessary duplication of the National Academy of Sciences, shall im- after, the Secretary shall submit to the Com- effort; and plement the findings and recommendations mittee on Transportation and Infrastructure ‘‘(ee) accelerates innovation delivery; and developed under the future strategic high- of the House of Representatives and the ‘‘(II) to provide relevant information to re- way research program established under sec- Committee on Environment and Public searchers and highway and transportation tion 510. Works of the Senate a report that describes practitioners to improve the performance of ‘‘(ii) BASIS FOR FINDINGS.—The activities estimates of the future highway and bridge the transportation system. carried out under this subparagraph shall be needs of the United States and the backlog ‘‘(ii) CONTENTS.—Research and technology based on the report submitted to Congress by of current highway and bridge needs. activities carried out under this subpara- the Transportation Research Board of the ‘‘(ii) COMPARISONS.—Each report under graph may include— National Academy of Sciences under section clause (i) shall include all information nec- ‘‘(I) coordination, development, and imple- 510(e). essary to relate and compare the conditions mentation of a national highway research ‘‘(iii) PERSONNEL.—The Secretary may use and service measures used in the previous bi- agenda; funds made available to carry out this sub- ennial reports to conditions and service ‘‘(II) collaboration on national emphasis section for administrative costs under this measures used in the current report. areas of highway research and coordination subparagraph, which funds shall be used in ‘‘(iii) INCLUSIONS.—Each report under among international, Federal, State, and addition to any other funds made available clause (i) shall provide recommendations to university research programs; for that purpose.

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‘‘(iv) FEES.— (b) CONFORMING AMENDMENT.—The analysis ‘‘(2) USE OF AMOUNTS.— ‘‘(I) IN GENERAL.—The Secretary may im- for chapter 5 of title 23, United States Code, ‘‘(A) IN GENERAL.—Amounts made avail- pose and collect fees to recover costs associ- is amended by striking the item relating to able under this subsection shall be used by a ated with special data or analysis requests section 503 and inserting the following: recipient to identify, promote, and advance relating to safety naturalistic driving data- ‘‘503. Research and technology development programs and activities that provide for a bases developed under the future of strategic and deployment.’’. skilled, technically competent surface trans- highway research program. SEC. 2204. TRAINING AND EDUCATION. portation workforce, including— ‘‘(II) USE OF FEE AMOUNTS.— Section 504 of title 23, United States Code, ‘‘(i) programs carried out through elemen- ‘‘(aa) IN GENERAL.—Any fees collected is amended— tary and secondary schools; under this clause shall be made available to (1) in subsection (a)— ‘‘(ii) programs carried out through commu- the Secretary to carry out this section and (A) in paragraph (2)(A) by inserting ‘‘and nity colleges; and shall remain available for expenditure until the employees of any other applicable Fed- ‘‘(iii) technical training and apprenticeship expended. eral agency’’ before the semicolon at the programs that are carried out in coordina- ‘‘(bb) SUPPLEMENT, NOT SUPPLANT.—Any fee end; tion with labor organizations, employers, amounts collected under this clause shall (B) in paragraph (3)(A)(ii)(V) by striking and other relevant stakeholders. supplement, but not supplant, amounts made ‘‘expediting’’ and inserting ‘‘reducing the ‘‘(B) OPTIONAL USE.—Amounts made avail- available to the Secretary to carry out this amount of time required for’’; able under this subsection may be used to title. (C) by striking paragraph (4); support professional development activities ‘‘(d) AIR QUALITY AND CONGESTION MITIGA- (D) by redesignating paragraphs (5) for inservice transportation workers. TION MEASURE OUTCOMES ASSESSMENT RE- through (8) as paragraphs (4) through (7), re- ‘‘(3) CONSULTATION.—In carrying out this SEARCH.— spectively; and subsection, each regional workforce develop- ‘‘(1) IN GENERAL.—The Secretary, in consulta- (E) in paragraph (7) (as redesignated by ment center shall consult with stakeholders tion with the Administrator of the Environ- subparagraph (D)) by striking ‘‘paragraph in the education and transportation commu- mental Protection Agency, shall carry out a re- (7)’’ and inserting ‘‘paragraph (6)’’; nities, including organizations representing search program to examine the outcomes of ac- (2) in subsection (b) by striking paragraph the interests of— tions funded under the congestion mitigation (3) and inserting the following: ‘‘(A) elementary and secondary schools; and air quality improvement program since the ‘‘(B) institutions of higher education; ‘‘(3) FEDERAL SHARE.— enactment of the SAFETEA-LU (Public Law ‘‘(C) inservice transportation workers; and ‘‘(A) LOCAL TECHNICAL ASSISTANCE CEN- 109–59). ‘‘(D) transportation professionals. TERS.— ‘‘(2) GOALS.—The goals of the program shall ‘‘(i) CENTERS FOR SURFACE TRANSPORTATION ‘‘(i) IN GENERAL.—Subject to subparagraph include— EXCELLENCE.—¿ ‘‘(A) the assessment and documentation, (B), the Federal share of the cost of an activ- ‘‘(h) CENTERS FOR SURFACE TRANSPORTATION through outcomes research conducted on a rep- ity carried out by a local technical assist- EXCELLENCE.— resentative sample of cases, of— ance center under paragraphs (1) and (2) shall ‘‘(1) IN GENERAL.—The Secretary may make ‘‘(i) the emission reductions achieved by feder- be 50 percent. grants under this section to establish and main- ally supported surface transportation actions ‘‘(ii) NON-FEDERAL SHARE.—The non-Fed- tain centers for surface transportation excel- intended to reduce emissions or lessen traffic eral share of the cost of an activity described lence. congestion; and in clause (i) may consist of amounts provided ‘‘(2) GOALS.—The goals of a center referred to ‘‘(ii) the air quality and human health im- to a recipient under subsection (e) or section in paragraph (1) shall be to promote and sup- pacts of those actions, including potential un- 505, up to 100 percent of the non-Federal port strategic national surface transportation recognized or indirect consequences, attributable share. programs and activities relating to the work of to those actions; ‘‘(B) TRIBAL TECHNICAL ASSISTANCE CEN- State departments of transportation in the areas ‘‘(B) an expanded base of empirical evidence TERS.—The Federal share of the cost of an of environment, surface transportation safety, on the air quality and human health impacts of activity carried out by a tribal technical as- rural safety, and project finance.’’. actions described in paragraph (1); and sistance center under paragraph (2)(D)(ii) SEC. 2205. STATE PLANNING AND RESEARCH. ‘‘(C) an increase in knowledge of— shall be 100 percent.’’; Section 505 of title 23, United States Code, ‘‘(i) the factors determining the air quality (3) in subsection (c)(2)— is amended— and human health changes associated with (A) by striking ‘‘The Secretary’’ and in- (1) in subsection (a)— transportation emission reduction actions; and serting the following: (A) in the matter preceding paragraph (1) ‘‘(ii) other information to more accurately un- ‘‘(A) IN GENERAL.—The Secretary’’; by striking ‘‘section 104 (other than sections derstand the validity of current estimation and (B) in subparagraph (A) (as designated by 104(f) and 104(h)) and under section 144’’ and modeling routines and ways to improve those subparagraph (A)) by striking ‘‘. The pro- inserting ‘‘paragraphs (1) through (5) of sec- routines. gram’’ and inserting ‘‘, which program’’; and tion 104(b)’’; and ‘‘(3) ADMINISTRATIVE ELEMENTS.—To carry (C) by adding at the end the following: out this subsection, the Secretary shall— (B) in paragraph (3) by striking ‘‘under sec- ‘‘(B) USE OF AMOUNTS.—Amounts provided ‘‘(A) make a grant for the coordination, selec- tion 303’’ and inserting ‘‘, plans, and proc- to institutions of higher education to carry tion, management, and reporting of component esses under sections 119, 148, 149, and 167’’; out this paragraph shall be used to provide studies to an independent scientific research or- (2) in subsection (b)— direct support of student expenses.’’; ganization with the necessary experience in suc- (A) in paragraph (1) by striking ‘‘25’’ and (4) in subsection (e)(1)— cessfully conducting accountability and other inserting ‘‘24’’; and (A) in the matter preceding subparagraph studies on mobile source air pollutants and asso- (B) in paragraph (2) by striking ‘‘75 percent (A) by striking ‘‘sections 104(b)(1), 104(b)(2), ciated health effects; of the funds described in paragraph (1)’’ and ‘‘(B) ensure that case studies are identified 104(b)(3), 104(b)(4), and 144(e)’’ and inserting inserting ‘‘70 percent of the funds described and conducted by teams selected through a com- ‘‘paragraphs (1) through (4) of section in subsection (a)’’; petitive solicitation overseen by an independent 104(b)’’; (3) by redesignating subsections (c) and (d) committee of unbiased experts; and (B) in subparagraph (D) by striking ‘‘and’’ as subsections (d) and (e), respectively; ‘‘(C) ensure that all findings and reports are at the end; (4) by inserting after subsection (b) the fol- peer-reviewed and published in a form that pre- (C) in subparagraph (E) by striking the pe- lowing: sents the findings together with reviewer com- riod and inserting a semicolon; and ‘‘(c) IMPLEMENTATION OF FUTURE STRATEGIC ments. (D) by adding at the end the following: HIGHWAY RESEARCH PROGRAM FINDINGS AND ‘‘(4) REPORT.—The Secretary shall submit to ‘‘(F) meetings of transportation profes- RESULTS.— the Committee on Environment and Public sionals that include education and profes- ‘‘(1) FUNDS.—Not lessøNot less¿ than 6 per- Works of the Senate and the Committee on sional development activities; cent of the funds subject to subsection (a) Transportation and Infrastructure of the House ‘‘(G) activities carried out by the National that are apportioned to a State for a fiscal of Representatives— Highway Institute under subsection (a); and year shall be made available to the Sec- ‘‘(A) not later than 1 year after the date of ‘‘(H) local technical assistance programs retary to carry out section 503(c)(2)(C). enactment of the MAP–21, and for the following under subsection (b).’’; ‘‘(2) TREATMENT OF FUNDS.—FundsøFunds¿ year, a report providing an initial scoping and (5) in subsection (f) in the heading, by expended under paragraph (1) shall not be plan, and status updates, respectively, for the striking ‘‘PILOT’’; considered to be part of the extramural program under this subsection; and (6) in subsection (g)(4)(F) by striking ‘‘ex- budget of the agency for the purpose of sec- ‘‘(B) not later than 2 years after the date of cellence’’ and inserting ‘‘stewardship’’; and tion 9 of the Small Business Act (15 U.S.C. enactment of the MAP–21, a final report that (7) by adding at the end the following: 638).’’; and describes the findings of, and recommendations ø‘‘(h) REGIONAL SURFACE WORKFORCE DE- (5) in paragraph (e) (as so redesignated) by resulting from, the program under this sub- VELOPMENT CENTERS.— striking ‘‘section 118(b)(2)’’ and inserting section. ‘‘(1) IN GENERAL.—The Secretary may make ‘‘section 118(b)’’. ‘‘(5) FUNDING.—Of the amounts made avail- grants under this section to nonprofit insti- SEC. 2206. INTERNATIONAL HIGHWAY TRANSPOR- able to carry out this section, the Secretary tutions of higher education to establish and TATION PROGRAM. shall make available to carry out this subsection operate 5 regional workforce development Section 506 of title 23, United States Code, not more than $1,000,000 for each fiscal year.’’. centers. is repealed.

VerDate Mar 15 2010 05:24 Jun 04, 2013 Jkt 099060 PO 00000 Frm 00079 Fmt 4624 Sfmt 0634 J:\CRONLINE\2000-THRU-2012-ONLINE-CORRECTIONS\2012 RECORD ONLINE CORREC bjneal on DSK2TWX8P1PROD with S474 CONGRESSIONAL RECORD — SENATE February 9, 2012 SEC. 2207. SURFACE TRANSPORTATION ENVIRON- ‘‘(I) degree-granting programs; ‘‘(II) subject to prior approval by the Sec- MENTAL COOPERATIVE RESEARCH ‘‘(II) training seminars for practicing pro- retary, a transportation-related grant from PROGRAM. fessionals; the National Science Foundation. Section 507 of title 23, United States Code, ‘‘(III) outreach activities to attract new ‘‘(D) FOCUSED RESEARCH.—In awarding is repealed. entrants into the transportation field, in- grants under this paragraph, consideration SEC. 2208. NATIONAL COOPERATIVE FREIGHT RE- cluding women, minorities, and persons from shall be given to minority institutions, as SEARCH. disadvantaged communities; and defined by section 365(3) of the Higher Edu- Section 509(d) of title 23, United States ‘‘(IV) primary and secondary school trans- cation Act (20 U.S.C. Sec. 1067k), or consortia Code, is amended by adding at the end the portation workforce outreach; that include such institutions that have following: ‘‘(vi) the demonstrated ability of the re- demonstrated an ability in transportation- ‘‘(6) COORDINATION OF COOPERATIVE RE- cipient to disseminate results and spur the related research øand for which the require- SEARCH.—The National Academy of Sciences implementation of transportation research ments of subparagraph¿. The requirements of shall coordinate research agendas, research and education programs through national or subsection (c)(3)(C) shall not apply upon dem- project selections, and competitions across statewide continuing education programs; onstration of financial hardship by the appli- all transportation-related cooperative re- ‘‘(vii) the demonstrated commitment of cant institution. search programs carried out by the National the recipient to the use of peer review prin- ‘‘(d) PROGRAM COORDINATION.— Academy of Sciences to ensure program effi- ciples and other research best practices in ‘‘(1) IN GENERAL.—The Secretary shall— ciency, effectiveness, and the dissemination the selection, management, and dissemina- ‘‘(A) coordinate the research, education, of research findings.’’. tion of research projects; and technology transfer activities carried SEC. 2209. UNIVERSITY TRANSPORTATION CEN- ‘‘(viii) the strategic plan submitted by the out by grant recipients under this section; TERS PROGRAM. recipient describing the proposed research to and (a) IN GENERAL.—Section 5505 of title 49, be carried out by the recipient and the per- ‘‘(B) disseminate the results of that re- United States Code, is amended to read as formance metrics to be used in assessing the search through the establishment and oper- follows: performance of the recipient in meeting the ation of an information clearinghouse. ‘‘§ 5505. University transportation centers stated research, technology transfer, edu- ‘‘(2) ANNUAL REVIEW AND EVALUATION.—Not program cation, and outreach goals; and less frequently than annually, and consistent ‘‘(a) UNIVERSITY TRANSPORTATION CENTERS ‘‘(ix) the ability of the recipient to imple- with the plan developed under section 508 of PROGRAM.— ment the proposed program in a cost-effi- title 23, the Secretary shall review and ‘‘(1) ESTABLISHMENT AND OPERATION.—The cient manner, such as through cost sharing evaluate the programs carried out under this Secretary shall make grants under this sec- and overall reduced overhead, facilities, and section by grant recipients. tion to eligible nonprofit institutions of administrative costs. ‘‘(3) PROGRAM EVALUATION AND OVER- higher education to establish and operate ‘‘(c) GRANTS.— SIGHT.—For each of fiscal years 2012 and 2013, 1 university transportation centers. ‘‘(1) IN GENERAL.—Not later than 1 year the Secretary shall expend not more than 1 ⁄2 ‘‘(2) ROLE OF CENTERS.—The role of each after the date of enactment of the MAP-21, percent of the amounts made available to university transportation center referred to the Secretary, in conjunction with the Ad- the Secretary to carry out this section for in paragraph (1) shall be— ministrators of the Federal Highway Admin- any coordination, evaluation, and oversight ‘‘(A) to advance transportation expertise istration and the Federal Transit Adminis- activities of the Secretary under this section and technology in the varied disciplines that tration, shall select grant recipients under and section 5506. comprise the field of transportation through subsection (b) and make grant amounts ‘‘(e) LIMITATION ON AVAILABILITY OF education, research, and technology transfer available to the selected recipients. AMOUNTS.—Amounts made available to the activities; ‘‘(2) TIER 1 UNIVERSITY TRANSPORTATION Secretary to carry out this section shall re- ‘‘(B) to provide for a critical transpor- CENTERS.— main available for obligation by the Sec- tation knowledge base outside of the Depart- ‘‘(A) IN GENERAL.—For each of fiscal years retary for a period of 3 years after the last ment of Transportation; and 2012 and 2013 and subject to subparagraph day of the fiscal year for which the amounts ‘‘(C) to address critical workforce needs (B), the Secretary shall provide grants to not are appropriated. and educate the next generation of transpor- more than 15 recipients that the Secretary ‘‘(f) INFORMATION COLLECTION.—Any sur- tation leaders. determines best meet the criteria described vey, questionnaire, or interview that the ‘‘(b) COMPETITIVE SELECTION PROCESS.— in subsection (b)(2). Secretary determines to be necessary to ‘‘(1) APPLICATIONS.—To receive a grant ‘‘(B) RESTRICTIONS.— carry out reporting requirements relating to under this section, a nonprofit institution of ‘‘(i) IN GENERAL.—For each fiscal year, a any program assessment or evaluation activ- higher education shall submit to the Sec- grant made available under this paragraph ity under this section, including customer retary an application that is in such form shall not exceed $3,500,000 per recipient. satisfaction assessments, shall not be subject and contains such information as the Sec- ‘‘(ii) FOCUSED RESEARCH.—At least 2 of the to chapter 35 of title 44.’’. retary may require. recipients awarded a grant under this para- (b) CONFORMING AMENDMENT.—The analysis for chapter 55 of title 49, United States Code, ‘‘(2) GENERAL SELECTION CRITERIA.— graph shall have expertise in, and focus re- is amended by striking the item relating to ‘‘(A) IN GENERAL.—Except as otherwise pro- search on, public transportation issues. section 5505 and inserting the following: vided by this section, the Secretary shall ‘‘(C) MATCHING REQUIREMENT.— award grants under this section in nonexclu- ‘‘(i) IN GENERAL.—As a condition of receiv- ‘‘Sec. 5505. University transportation cen- sive candidate topic areas established by the ing a grant under this paragraph, a grant re- ters program.’’. Secretary that address the research prior- cipient shall match 100 percent of the SEC. 2210. BUREAU OF TRANSPORTATION STATIS- ities identified in section 503 of title 23. amounts made available under the grant. TICS. ‘‘(B) CRITERIA.—The Secretary, in conjunc- ‘‘(ii) SOURCES.—The matching amounts re- (a) IN GENERAL.—Subtitle III of title 49, tion with the Administrators of the Federal ferred to in clause (i) may include amounts United States Code, is amended by adding at Highway Administration and the Federal made available to the recipient under— the end the following: Transit Administration, shall select each re- ‘‘(I) section 504(b) or 505 of title 23; and ‘‘CHAPTER 63—BUREAU OF cipient of a grant under this section through ‘‘(II) subject to prior approval by the Sec- TRANSPORTATION STATISTICS a competitive process based on the assess- retary, a transportation-related grant from ‘‘6301. øEstablishment¿Definitions. ment of the Secretary relating to— the National Science Foundation. ‘‘6302. øDirector¿Bureau of Transportation ‘‘(i) the demonstrated ability of the recipi- ‘‘(3) TIER 2 UNIVERSITY TRANSPORTATION Statistics. ent to address each specific topic area de- CENTERS.— ‘‘6303. øResponsibilities¿Intermodal transpor- scribed in the research and strategic plans of ‘‘(A) IN GENERAL.—For each of fiscal years tation database. the recipient; 2012 and 2013, the Secretary shall provide ‘‘6304. National transportation library. ‘‘(ii) the demonstrated research, tech- grants of not more than $2,000,000 each to not ‘‘6305. Advisory council on transportation nology transfer, and education resources more than 20 recipients to carry out this sec- statistics. available to the recipient to carry out this tion. ‘‘6306. Transportation statistical collection, section; ‘‘(B) RESTRICTION.—A grant recipient under analysis, and dissemination. ‘‘(iii) the ability of the recipient to provide paragraph (2) shall not be eligible to receive ‘‘6307. Furnishing of information, data, or re- leadership in solving immediate and long- a grant under this paragraph. ports by Federal agencies. range national and regional transportation ‘‘(C) MATCHING REQUIREMENT.— ø‘‘6308. Prohibition on certain disclosures problems; ‘‘(i) IN GENERAL.—As a condition of receiv- Proceeds of data product sales. ‘‘(iv) the ability of the recipient to carry ing a grant under this paragraph, a grant re- ‘‘6309. Data access.¿ out research, education, and technology cipient shall match 50 percent of the ‘‘ø6310¿6308. Proceeds of data product sales. transfer activities that are multimodal and amounts made available under the grant. ‘‘ø6311¿6309. Information collection. multidisciplinary in scope; ‘‘(ii) SOURCES.—The matching amounts re- ‘‘ø6312¿6310. National transportation atlas ‘‘(v) the demonstrated commitment of the ferred to in clause (i) may include amounts database. recipient to carry out transportation work- made available to the recipient under— ‘‘ø6313¿6311. Limitations on statutory con- force development programs through— ‘‘(I) section 504(b) or 505 of title 23; and struction.

VerDate Mar 15 2010 05:24 Jun 04, 2013 Jkt 099060 PO 00000 Frm 00080 Fmt 4624 Sfmt 0655 J:\CRONLINE\2000-THRU-2012-ONLINE-CORRECTIONS\2012 RECORD ONLINE CORREC bjneal on DSK2TWX8P1PROD with February 9, 2012 CONGRESSIONAL RECORD — SENATE S475 ‘‘ø6314¿6312. Research and development ‘‘(I) transportation safety across all modes ‘‘(2) information on the volumes and pat- grants. and intermodally; terns of movement of people, including local, ‘‘ø6315¿6313. Transportation statistics annual ‘‘(II) the state of good repair of United interregional, and international movements, report. States transportation infrastructure; by all modes of transportation (including bi- ‘‘ø6316¿6314. Mandatory response authority ‘‘(III) the extent, connectivity, and condi- cycle and pedestrian modes), intermodal for freight data collection. tion of the transportation system, building combination, and relevant classification; ‘‘§ 6301. Definitions. on the national transportation atlas data- ‘‘(3) information on the location and ‘‘In this chapter, the following definitions base developed under section 6310; connectivity of transportation facilities and apply: ‘‘(IV) economic efficiency across the entire services; and ‘‘(1) BUREAU.—The term ‘Bureau’ means transportation sector; ‘‘(4) a national accounting of expenditures the Bureau of Transportation Statistics es- ‘‘(V) the effects of the transportation sys- and capital stocks on each mode of transpor- tablished by section 6302(a). tem on global and domestic economic com- tation and intermodal combination. ‘‘(2) DEPARTMENT.—The term ‘Department’ petitiveness; ‘‘§ 6304. National transportation library ‘‘(VI) demographic, economic, and other means the Department of Transportation. ‘‘(a) PURPOSE AND ESTABLISHMENT.—To ‘‘(3) DIRECTOR.—The term ‘Director’ means variables influencing travel behavior, includ- support the information management and the Director of the Bureau. ing choice of transportation mode and goods decisionmaking needs of transportation offi- ‘‘(4) LIBRARY.—The term ‘Library’ means movement; cials at the Federal, State, and local levels, the National Transportation Library estab- ‘‘(VII) transportation-related variables there is established in the Bureau of Trans- lished by section 6304(a). that influence the domestic economy and portation Statistics a National Transpor- ‘‘(5) SECRETARY.—The term ‘Secretary’ global competitiveness; tation Library that shall— means the Secretary of Transportation. ‘‘(VIII) economic costs and impacts for pas- ‘‘(1) be headed by an individual who is ‘‘§ 6302. Bureau of Transportation Statistics. senger travel and freight movement; highly qualified in library and information ‘‘(IX) intermodal and multimodal pas- ‘‘(a) ESTABLISHMENT.—There is established science; in the Research and Innovative Technology senger movement; ‘‘(2) acquire, preserve, and manage trans- Administration the Bureau of Transpor- ‘‘(X) intermodal and multimodal freight portation information and information prod- tation Statistics. movement; and ucts and services for use by the Department, ‘‘(b) DIRECTOR.— ‘‘(XI) consequences of transportation for other Federal agencies, and the general pub- ‘‘(1) APPOINTMENT.—The Bureau shall be the human and natural environment; lic; headed by a Director, who shall be appointed ‘‘(vii) build and disseminate the transpor- ‘‘(3) provide reference and research assist- in the competitive service by the Secretary. tation layer of the National Spatial Data In- ance; ‘‘(2) QUALIFICATIONS.—The Director shall frastructure developed under Executive ‘‘(4) serve as a central depository for re- be appointed from among individuals who Order 12906 (59 Fed. Reg. 17671) (or a suc- search results and technical publications of are qualified to serve as the Director by vir- cessor Executive Order), including by coordi- the Department; tue of training and experience in the collec- nating the development of transportation ‘‘(5) provide a central clearinghouse for tion, analysis, and use of transportation sta- geospatial data standards, compiling inter- transportation data and information of the tistics. modal geospatial data, and collecting Federal Government; ‘‘(3) DUTIES.— geospatial data that is not being collected by ‘‘(6) serve as coordinator and policy lead ‘‘(A) IN GENERAL.—The Director shall— other entities; for transportation information access; ‘‘(i) serve as the senior advisor to the Sec- ‘‘(viii) issue guidelines for the collection of ‘‘(7) provide transportation information retary on data and statistics; and information by the Department that the Di- and information products and services to— ‘‘(ii) be responsible for carrying out the du- rector determines necessary to develop ‘‘(A) the Department; ties described in subparagraph (B). transportation statistics and carry out mod- ‘‘(B) other Federal agencies; ‘‘(B) DUTIES.—The Director shall— eling, economic assessment, and program as- ‘‘(C) public and private organizations; and ‘‘(i) ensure that the statistics compiled sessment activities to ensure that the infor- ‘‘(D) individuals, within the United States under clause (vi) are designed to support mation is accurate, reliable, relevant, uni- as well as internationally; transportation decisionmaking by— form, and in a form that permits systematic ‘‘(8) coordinate efforts among, and cooper- ‘‘(I) the Federal Government; analysis by the Department; ate with, transportation libraries, informa- ‘‘(II) State and local governments; ‘‘(ix) review and report to the Secretary on tion providers, and technical assistance cen- ‘‘(III) metropolitan planning organizations; the sources and reliability of— ters, with the goal of developing a com- ‘‘(IV) transportation-related associations; ‘‘(I) the statistics proposed by the heads of prehensive transportation information and ‘‘(V) the private sector, including the the operating administrations of the Depart- knowledge network that supports the activi- freight community; and ment to measure outputs and outcomes as ties described in section 6302(b)(3)(B); and ‘‘(VI) the public; required under the Government Performance ‘‘(9) engage in such other activities as the ‘‘(ii) establish on behalf of the Secretary a and Results Act of 1993 (Public Law 103–62;107 Director determines to be necessary and as program— Stat. 285); and the resources of the Library permit. ‘‘(I) to effectively integrate safety data ‘‘(II) at the request of the Secretary, any ‘‘(b) ACCESS.—The Director shall publicize, across modes; and other data collected or statistical informa- facilitate, and promote access to the infor- ‘‘(II) to address gaps in existing Depart- tion published by the heads of the operating mation products and services described in ment safety data programs; administrations of the Department; and subsection (a), with the goal of improving ‘‘(iii) work with the operating administra- ‘‘(x) ensure that the statistics published the ability of the transportation community tions of the Department— under this section are readily accessible to to share information and the ability of the ‘‘(I) to establish and implement the data the public. Director to make statistics and other infor- programs of the Bureau; and ‘‘(c) ACCESS TO FEDERAL DATA.—In car- mation readily accessible as required under ‘‘(II) to improve the coordination of infor- rying out subsection (b)(3)(B)(ii), the Direc- section 6302(b)(3)(B)(x). mation collection efforts with other Federal tor shall be given access to all safety data ‘‘(c) AGREEMENTS.— agencies; that the Director determines necessary to ‘‘(1) IN GENERAL.—To carry out this sec- ‘‘(iv) evaluate and update as necessary sur- carry out that subsection that is held by the tion, the Director may enter into agree- veys and data collection methods of the De- Department or any other Federal agency. ments with, provide grants to, and receive partment on a continual basis to improve ‘‘§ 6303. Intermodal transportation database amounts from, any— the accuracy and utility of transportation ‘‘(a) IN GENERAL.—In consultation with the ‘‘(A) State or local government; statistics; Under Secretary Transportation for Policy, ‘‘(B) organization; ‘‘(v) encourage the standardization of data, the Assistant Secretaries of the Department, ‘‘(C) business; or data collection methods, and data manage- and the heads of the operating administra- ‘‘(D) individual. ment and storage technologies for data col- tions of the Department, the Director shall ‘‘(2) CONTRACTS, GRANTS, AND AGREE- lected by— establish and maintain a transportation MENTS.—The Library may initiate and sup- ‘‘(I) the Bureau; database for all modes of transportation. port specific information and data manage- ‘‘(II) the operating administrations of the ‘‘(b) USE.—The database shall be suitable ment, access, and exchange activities relat- Department; for analyses carried out by the Federal Gov- ing to the strategic goals of the Department, ‘‘(III) State and local governments; ernment, the States, and metropolitan plan- knowledge networking, and national and ‘‘(IV) metropolitan planning organizations; ning organizations. international cooperation, by entering into and ‘‘(c) CONTENTS.—The database shall in- contracts or other agreements or providing ‘‘(V) private sector entities; clude— grants. ‘‘(vi) collect, compile, analyze, and publish ‘‘(1) information on the volumes and pat- ‘‘(3) AMOUNTS.—Any amounts received by a comprehensive set of transportation statis- terns of movement of goods, including local, the Library as payment for library products tics on the performance and impacts of the interregional, and international movement, and services or other activities shall be made national transportation system, including by all modes of transportation, intermodal available to the Director to carry out this statistics on— combination, and relevant classification; section and remain available until expended.

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‘‘§ 6305. Advisory council on transportation ‘‘(1) IN GENERAL.—An officer, employee, or ‘‘§ 6311. Limitations on statutory construction statistics contractor of the Bureau may not— ‘‘Nothing in this chapter— ‘‘(a) IN GENERAL.—The Director shall es- ‘‘(A) make any disclosure in which the ‘‘(1) authorizes the Bureau to require any tablish and consult with an advisory council data provided by an individual or organiza- other Federal agency to collect data; or on transportation statistics. tion under section 6302(b)(3)(B) can be identi- ‘‘(2) alters or diminishes the authority of ‘‘(b) FUNCTION.—The function of the advi- fied; any other officer of the Department to col- sory council established under this sub- ‘‘(B) use the information provided under lect and disseminate data independently. section is to advise the Director on— section 6302(b)(3)(B) for a nonstatistical pur- ‘‘§ 6312. Research and development grants ‘‘(1) the quality, reliability, consistency, pose; or ‘‘The Secretary may make grants to, or objectivity, and relevance of transportation ‘‘(C) permit anyone other than an indi- enter into cooperative agreements or con- statistics and analyses collected, supported, vidual authorized by the Director to examine tracts with, public and nonprofit private en- or disseminated by the Bureau and the De- any individual report provided under section tities (including State transportation de- partment; and 6302(b)(3)(B). partments, metropolitan planning organiza- ‘‘(2) methods to encourage cooperation and ‘‘(2) COPIES OF REPORTS.— tions, and institutions of higher education) interoperability of transportation data col- ‘‘(A) IN GENERAL.—No department, bureau, for— lected by the Bureau, the operating adminis- agency, officer, or employee of the United ‘‘(1) investigation of the subjects described trations of the Department, States, local States (except the Director in carrying out in section 6302(b)(3)(B)(vi); governments, metropolitan planning organi- this chapter) may require, for any reason, a ‘‘(2) research and development of new zations, and private sector entities. copy of any report that has been filed under methods of data collection, standardization, ‘‘(c) MEMBERSHIP.—The advisory council section 6302(b)(3)(B) with the Bureau or re- management, integration, dissemination, in- shall be composed of not fewer than 9 and tained by an individual respondent. terpretation, and analysis; not more than 11 members appointed by the ‘‘(B) LIMITATION ON JUDICIAL PRO- ‘‘(3) demonstration programs by States, Director, who shall not be officers or em- CEEDINGS.—A copy of a report described in local governments, and metropolitan plan- ployees of the United States. subparagraph (A) that has been retained by ning organizations to coordinate data collec- ‘‘(d) TERMS OF APPOINTMENT.— an individual respondent or filed with the tion, reporting, management, storage, and ‘‘(1) IN GENERAL.—Except as provided in Bureau or any of the employees, contractors, archiving to simplify data comparisons paragraph (2), members of the advisory coun- or agents of the Bureau— across jurisdictions; cil shall be appointed to staggered terms not ‘‘(i) shall be immune from legal process; ‘‘(4) development of electronic clearing- to exceed 3 years. and houses of transportation data and related in- ‘‘(2) ADDITIONAL TERMS.—A member may be ‘‘(ii) shall not, without the consent of the formation, as part of the Library; and renominated for 1 additional 3-year term. individual concerned, be admitted as evi- ‘‘(5) development and improvement of ‘‘(3) PREVIOUS MEMBERS.—A member serv- dence or used for any purpose in any action, methods for sharing geographic data, in sup- ing on an advisory council on transportation suit, or other judicial or administrative pro- port of the database under section 6310 and statistics on the day before the date of en- ceedings. the National Spatial Data Infrastructure de- actment of the MAP-21 shall serve until the ‘‘(C) APPLICABILITY.—This paragraph shall veloped under Executive Order 12906 (59 Fed. end of the appointed term of the member. apply only to reports that permit informa- Reg. 17671) (or a successor Executive Order). ‘‘(e) APPLICABILITY OF FEDERAL ADVISORY tion concerning an individual or organiza- ‘‘§ 6313. Transportation statistics annual re- COMMITTEE ACT.—The Federal Advisory tion to be reasonably determined by direct port Committee Act (5 U.S.C. App.) shall apply to or indirect means. ‘‘The Director shall submit to the Presi- the advisory council established under this ‘‘(3) INFORMING RESPONDENT OF USE OF dent and Congress a transportation statistics section, except that section 14 of that Act DATA.—If the Bureau is authorized by statute annual report, which shall include— shall not apply. to collect data or information for a non- ‘‘(1) information on the progress of the Di- statistical purpose, the Director shall clearly ‘‘§ 6306. Transportation statistical collection, rector in carrying out the duties described in distinguish the collection of the data or in- analysis, and dissemination section 6302(b)(3)(B); formation, by rule and on the collection in- ‘‘(2) documentation of the methods used to ‘‘To ensure that all transportation statis- strument, in a manner that informs the re- tical collection, analysis, and dissemination obtain and ensure the quality of the statis- spondent who is requested or required to sup- tics presented in the report; and is carried out in a coordinated manner, the ply the data or information of the nonstatis- Director may— ‘‘(3) any recommendations of the Director tical purpose. for improving transportation statistical in- ‘‘(1) use the services, equipment, records, ‘‘(c) TRANSPORTATION AND TRANSPOR- formation. personnel, information, and facilities of TATION-RELATED DATA ACCESS.—Except as other Federal agencies, or State, local, and expressly prohibited by law, the Director ‘‘§ 6314. Mandatory response authority for private agencies and instrumentalities, sub- shall have access to any transportation and freight data collection. ject to the conditions that the applicable transportation-related information in the ‘‘ø(a) IN GENERAL.—An owner, official, agency or instrumentality consents to that possession of any Federal agency. agent, person¿ use; ‘‘§ 6308. Proceeds of data product sales ‘‘(a) FREIGHT DATA COLLECTION.— ‘‘(1) IN GENERAL.—An owner, official, agent, ‘‘(2) enter into agreements with the agen- ‘‘Notwithstanding section 3302 of title 31, person in charge, or assistant to the person cies and instrumentalities described in para- amounts received by the Bureau from the in charge of øany¿ a freight corporation, graph (1) for purposes of data collection and sale of data products for necessary expenses company, business, institution, establish- analysis; incurred may be credited to the Highway ‘‘(3) confer and cooperate with foreign gov- Trust Fund (other than the Mass Transit Ac- ment, or organization described in paragraph ernments, international organizations, and count) for the purpose of reimbursing the (2) shall be fined in accordance with sub- State, municipal, and other local agencies; Bureau for those expenses. section (b) if that individual neglects or re- fuses, when requested by the Director or ‘‘(4) request such information, data, and re- ‘‘§ 6309. Information collection ports from any Federal agency as the Direc- other authorized officer, employee, or con- ‘‘As the head of an independent Federal tor determines necessary to carry out this tractor of the Bureau to submit data under statistical agency, the Director may consult section 6302(b)(3)(B)— chapter; directly with the Office of Management and ‘‘(5) encourage replication, coordination, ø‘‘(1) to answer completely and correctly Budget concerning any survey, question- to the¿ and sharing of information among transpor- naire, or interview that the Director con- tation agencies regarding information sys- ‘‘(A) to answer completely and correctly to the siders necessary to carry out the statistical best knowledge of that individual all ques- tems, information policy, and data; and responsibilities of this chapter. ‘‘(6) confer and cooperate with Federal sta- tions relating to the corporation, company, tistical agencies as the Director determines ‘‘§ 6310. National transportation atlas data- business, institution, establishment, or other necessary to carry out this chapter, includ- base organization; or ing by entering into cooperative data shar- ‘‘(a) IN GENERAL.—The Director shall de- ø‘‘(2) to make available records or statis- ing agreements in conformity with all laws velop and maintain a national transpor- tics in¿ and regulations applicable to the disclosure tation atlas database that is comprised of ‘‘(B) to make available records or statistics in and use of data. geospatial databases that depict— the official custody of the individual. ‘‘(1) transportation networks; ‘‘(2) DESCRIPTION OF ENTITIES.—A freight cor- ‘‘§ 6307. Furnishing of information, data, or ‘‘(2) flows of people, goods, vehicles, and poration, company, business, institution, estab- reports by Federal agencies craft over the transportation networks; and lishment, or organization referred to in para- ‘‘(a) IN GENERAL.—Except as provided in ‘‘(3) social, economic, and environmental graph (1) is a corporation, company, business, subsection (b), a Federal agency requested to conditions that affect or are affected by the institution, establishment, or organization furnish information, data, or reports by the transportation networks. that— Director under section 6302(b)(3)(B) shall pro- ‘‘(b) INTERMODAL NETWORK ANALYSIS.—The ‘‘(A) receives Federal funds relating to the vide the information to the Director. databases referred to in subsection (a) shall freight program; and ‘‘(b) PROHIBITION ON CERTAIN DISCLO- be capable of supporting intermodal network ‘‘(B) has consented to be subject to a fine SURES.— analysis. under this subsection on—

VerDate Mar 15 2010 05:24 Jun 04, 2013 Jkt 099060 PO 00000 Frm 00082 Fmt 4624 Sfmt 6333 J:\CRONLINE\2000-THRU-2012-ONLINE-CORRECTIONS\2012 RECORD ONLINE CORREC bjneal on DSK2TWX8P1PROD with February 9, 2012 CONGRESSIONAL RECORD — SENATE S477 ‘‘(i) refusal to supply any data requested; or provision of law, the Administrator may di- volve, on a voluntary basis, stakeholders that ‘‘(ii) failure to respond to a written request. rectly initiate contracts, grants, cooperative include— ‘‘(b) FINES.— research and development agreements (as de- (1) the heads of other Federal agencies; ‘‘(1) IN GENERAL.—Subject to paragraph (2), fined in section 12 of the Stevenson-Wydler (2) State and local officials; an individual described in subsection (a) Technology Innovation Act of 1980 (15 U.S.C. (3) representatives of— shall be fined not more than $500. 3710a)), and other agreements to fund, and (A) energy utilities; (B) the vehicles industry; ‘‘(2) WILLFUL ACTIONS.—If an individual accept funds from, the Transportation Re- willfully gives a false answer to a question (C) the freight and shipping industry; search Board of the National Research Coun- (D) clean technology firms; described in subsection (a)(1), the individual cil of the National Academy of Sciences, (E) the hospitality industry; shall be fined not more than $10,000.’’. State departments of transportation, cities, (F) the restaurant industry; and (b) RULES OF CONSTRUCTION.—If the provi- counties, institutions of higher education, (G) highway rest stop vendors; and sions of section 111 of title 49, United States associations, and the agents of those entities (4) such other stakeholders as the Secretary Code, are transferred to chapter 63 of that to carry out joint transportation research determines to be necessary. title, the following rules of construction and technology efforts. Subtitle C—øFunding¿ Intelligent apply: ‘‘(3) FEDERAL SHARE.— Transportation Systems Research (1) For purposes of determining whether 1 ‘‘(A) IN GENERAL.—Subject to subparagraph provision of law supersedes another based on SEC. 2301. USE OF FUNDS FOR ITS ACTIVITIES. (B), the Federal share of the cost of an activ- Section 513 of title 23, United States Code, enactment later in time, a chapter 63 provi- ity carried out under paragraph (2) shall not sion is deemed to have been enacted on the is amended to read as follows: exceed 50 percent. ‘‘§ 513. Use of funds for ITS activities. date of enactment of the corresponding sec- ‘‘(B) EXCEPTION.—If the Secretary deter- ‘‘(a) DEFINITIONS.—In this section, the fol- tion 111 provision. mines that the activity is of substantial pub- lowing definitions apply: (2) A reference to a section 111 provision, lic interest or benefit, the Secretary may ap- ‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible including a reference in a regulation, order, prove a greater Federal share. entity’ means a State or local government, or other law, is deemed to refer to the cor- ‘‘(C) NON-FEDERAL SHARE.—All costs di- tribal government, transit agency, public responding chapter 63 provision. rectly incurred by the non-Federal partners, toll authority, metropolitan planning orga- (3) A regulation, order, or other adminis- including personnel, travel, facility, and nization, other political subdivision of a trative action in effect under a section 111 hardware development costs, shall be cred- State or local government, or a multistate provision continues in effect under the cor- ited toward the non-Federal share of the cost or multijurisdictional group applying responding chapter 63 provision. of an activity described in subparagraph (A). through a single lead applicant. (4) An action taken or an offense com- ‘‘(4) USE OF TECHNOLOGY.—The research, de- ‘‘(2) MULTIJURISDICTIONAL GROUP.—The mitted under a section 111 provision is velopment, or use of a technology under a term ‘multijurisdictional group’ means a deemed to have been taken or committed contract, grant, cooperative research and de- combination of State governments, local under the corresponding chapter 63 provi- velopment agreement, or other agreement governments, metropolitan planning agen- sion. entered into under this subsection, including (c) CONFORMING AMENDMENTS.— cies, transit agencies, or other political sub- the terms under which the technology may (1) REPEAL.—Section 111 of title 49, United divisions of a State that— be licensed and the resulting royalties may States Code, is repealed, and the item relat- ‘‘(A) have signed a written agreement to be distributed, shall be subject to the Ste- ing to section 111 in the analysis of chapter implement an activity that meets the grant venson-Wydler Technology Innovation Act of 1 of that title is deleted. criteria under this section; and 1980 (15 U.S.C. 3701 et seq.). (2) ANALYSIS OF SUBTITLE III.—The analysis ‘‘(B) is comprised of at least 2 members, ‘‘(5) WAIVER OF ADVERTISING REQUIRE- for subtitle III of title 49, United States each of whom is an eligible entity. MENTS.—Section 3709 of the Revised Statutes Code, is amended by inserting after the ‘‘(b) PURPOSE.—The purpose of this section (41 U.S.C. 5) shall not apply to a contract, items for chapter 61 the following: is to develop, administer, communicate, and grant, or other agreement entered into under promote the use of products of research, ‘‘Chapter 63. Bureau of Transpor- this section.’’. tation Statistics ...... ’’. technology, and technology transfer pro- SEC. 2212. TRANSPORTATION RESEARCH AND DE- grams. SEC. 2211. ADMINISTRATIVE AUTHORITY. VELOPMENT STRATEGIC PLANNING. ‘‘(c) ITS DEPLOYMENT INCENTIVES.— Section 112 of title 49, United States Code, Section 508(a)(2) of title 23, United States is amended by adding at the end the fol- ‘‘(1) IN GENERAL.—The Secretary may— Code, is amended by striking subparagraph ‘‘(A) develop and implement incentives to lowing: (A) and inserting the following: ‘‘(f) PROMOTIONAL AUTHORITY.—Amounts accelerate deployment of ITS technologies ‘‘(A) describe the primary purposes of the and services within all funding programs au- authorized to be appropriated for the admin- transportation research and development istration and operation of the Research and thorized by the MAP-21; and program, which shall include, at a min- ‘‘(B) for each fiscal year, use amounts Innovative Technology Administration may imum— be used to purchase promotional items of made available to the Secretary to carry out ‘‘(i) promoting safety; intelligent transportation systems outreach, nominal value for use by the Administrator ‘‘(ii) reducing congestion and improving of the Research and Innovative Technology including through the use of websites, public mobility; relations, displays, tours, and brochures. Administration in the recruitment of indi- ‘‘(iii) protecting and enhancing the envi- viduals and promotion of the programs of the ‘‘(2) COMPREHENSIVE PLAN.—To carry out ronment; this section, the Secretary shall develop a Administration. ‘‘(iv) preserving the existing transpor- ‘‘(g) PROGRAM EVALUATION AND OVER- detailed and comprehensive plan that ad- tation system; SIGHT.—For each of fiscal years 2012 and 2013, dresses the manner in which incentives may ‘‘(v) improving the durability and extend- the Administrator may expend not more be adopted through the existing deployment ing the life of transportation infrastructure; than 11⁄2 percent of the amounts authorized activities carried out by surface transpor- to be appropriated for the administration and tation modal administrations. ‘‘(vi) improving goods movement;’’. and operation of the Research and Innova- ‘‘(d) SYSTEM OPERATIONS AND ITS DEPLOY- tive Technology Administration to carry out SEC. 2213. NATIONAL ELECTRONIC VEHICLE COR- MENT GRANT PROGRAM.— RIDORS AND RECHARGING INFRA- ‘‘(1) ESTABLISHMENT.—The Secretary shall the coordination, evaluation, and oversight STRUCTURE NETWORK. of the programs administered by the Admin- establish a competitive grant program to ac- (a) IN GENERAL.—Not later than 1 year after celerate the deployment, operation, systems istration. the date of enactment of this Act, the Secretary ‘‘(h) COLLABORATIVE RESEARCH AND DEVEL- management, intermodal integration, and shall establish a stakeholder-driven process to OPMENT.— interoperability of the ITS program and ITS- develop a plan and map of a potential national ‘‘(1) IN GENERAL.—To encourage innovative enabled operational strategies— network of electric vehicle corridors and re- solutions to multimodal transportation ‘‘(A) to measure and improve the perform- charging infrastructure. problems and stimulate the deployment of ance of the surface transportation system; (b) REQUIREMENTS.—The plan under sub- new technology, the Administrator may section (a) shall— ‘‘(B) to reduce traffic congestion and the carry out, on a cost-shared basis, collabo- (1) project the near- and long-term need for economic and environmental impacts of traf- rative research and development with— and location of electric vehicle refueling infra- fic congestion; ‘‘(A) non-Federal entities, including State structure at strategic locations across all major ‘‘(C) to minimize fatalities and injuries; and local governments, foreign governments, national highways, roads, and corridors; ‘‘(D) to enhance mobility of people and institutions of higher education, corpora- (2) identify infrastructure and standardiza- goods; tions, institutions, partnerships, sole propri- tion needs for electricity providers, infrastruc- ‘‘(E) to improve traveler information and etorships, and trade associations that are in- ture providers, vehicle manufacturers, and elec- services; and corporated or established under the laws of tricity purchasers; and ‘‘(F) to optimize existing roadway capac- any State; (3) establish an aspirational goal of achieving ity. ‘‘(B) Federal laboratories; and strategic deployment of electric vehicle infra- ‘‘(2) APPLICATION.—To be considered for a ‘‘(C) other Federal agencies. structure by 2020. grant under this subsection, an eligible enti- ‘‘(2) COOPERATION, GRANTS, CONTRACTS, AND (c) STAKEHOLDERS.—In developing the plan ty shall submit an application to the Sec- AGREEMENTS.—Notwithstanding any other under subsection (a), the Secretary shall in- retary that includes—

VerDate Mar 15 2010 05:24 Jun 04, 2013 Jkt 099060 PO 00000 Frm 00083 Fmt 4624 Sfmt 0634 J:\CRONLINE\2000-THRU-2012-ONLINE-CORRECTIONS\2012 RECORD ONLINE CORREC bjneal on DSK2TWX8P1PROD with S478 CONGRESSIONAL RECORD — SENATE February 9, 2012 ‘‘(A) a plan to deploy and provide for the politan and rural surface transportation sys- ‘‘(H) provided other benefits to transpor- long-term operation and maintenance of in- tems into an integrated data network, capa- tation users and the general public. telligent transportation systems to improve ble of collecting, sharing, and archiving ‘‘(7) ADDITIONAL GRANTS.—If the Secretary safety, efficiency, system performance, and transportation system traffic condition and determines, based on a report submitted return on investment, such as— performance information; under paragraph (5), that a grant recipient is ‘‘(i) real-time integrated traffic, transit, ‘‘(C) the implementation of intelligent not complying with the established grant and multimodal transportation information; transportation systems and technologies criteria, the Secretary may— ‘‘(ii) advanced traffic, freight, parking, and that improve highway safety through infor- ‘‘(A) cease payment to the recipient of any incident management systems; mation and communications systems linking remaining grant amounts; and ‘‘(iii) advanced technologies to improve vehicles, infrastructure, mobile devices, ‘‘(B) redistribute any remaining amounts transit and commercial vehicle operations; transportation users, and emergency re- to other eligible entities under this section. ‘‘(iv) synchronized, adaptive, and transit sponders; ‘‘(8) NON-FEDERAL SHARE.—The Federal preferential traffic signals; ‘‘(D) the provision of services necessary to share of a grant under this section shall not ‘‘(v) advanced infrastructure condition as- ensure the efficient operation and manage- exceed 50 percent of the cost of the project. sessment technologies; and ment of ITS infrastructure, including costs ‘‘(9) GRANT LIMITATION.—The Secretary ‘‘(vi) other technologies to improve system associated with communications, utilities, may not award more than 10 percent of the operations, including ITS applications nec- rent, hardware, software, labor, administra- amounts provided under this section to a sin- essary for multimodal systems integration tive costs, training, and technical services; gle grant recipient in any fiscal year. and for achieving performance goals; ‘‘(10) MULTIYEAR GRANTS.—Subject to ‘‘(E) the provision of support for the estab- ‘‘(B) quantifiable system performance im- availability of amounts, the Secretary may lishment and maintenance of institutional provements, including— provide an eligible entity with grant relationships between transportation agen- ‘‘(i) reductions in traffic-related crashes, amounts for a period of multiple fiscal years. cies, police, emergency medical services, pri- congestion, and costs; ‘‘(11) FUNDING.—Of the funds authorized to vate emergency operators, freight operators, ‘‘(ii) optimization of system efficiency; and be appropriated to carry out the intelligent shippers, øand public service utilities¿ public ‘‘(iii) improvement of access to transpor- transportation system program under sec- tation services; service utilities, and telecommunications pro- tions 512 through 518, not less than 50 per- ‘‘(C) quantifiable safety, mobility, and en- viders; cent of such funds shall be used to carry out vironmental benefit projections, including ‘‘(F) carrying out multimodal and this subsection.’’. crossjurisdictional planning and deployment data driven estimates of the manner in SEC. 2302. GOALS AND PURPOSES. of regional transportation systems oper- which the project will improve the transpor- (a) IN GENERAL.—Chapter 5 of title 23, tation system efficiency and reduce traffic ations and management approaches; and United States Code, is amended by adding congestion in the region; ‘‘(G) performing project evaluations to de- after section 513 the following: termine the costs, benefits, lessons learned, ‘‘(D) a plan for partnering with the private ‘‘§ 514. Goals and purposes sector, including telecommunications indus- and future deployment strategies associated with the deployment of intelligent transpor- ‘‘(a) GOALS.—The goals of the intelligent tries and public service utilities, public transportation system program include— agencies (including multimodal and multi- tation systems. ‘‘(5) REPORT TO SECRETARY.—For each fis- ‘‘(1) enhancement of surface transportation jurisdictional entities), research institu- efficiency and facilitation of intermodalism tions, organizations representing transpor- cal year that an eligible entity receives a grant under this section, not later than 1 and international trade to enable existing fa- tation and technology leaders, and other cilities to meet a significant portion of fu- transportation stakeholders; year after receiving that grant, each recipi- ent shall submit a report to the Secretary ture transportation needs, including public ‘‘(E) a plan to leverage and optimize exist- access to employment, goods, and services ing local and regional ITS investments; and that describes how the project has met the expectations projected in the deployment and to reduce regulatory, financial, and ‘‘(F) a plan to ensure interoperability of other transaction costs to public agencies deployed technologies with other tolling, plan submitted with the application, includ- ing— and system users; traffic management, and intelligent trans- ‘‘(2) achievement of national transpor- ‘‘(A) data on how the program has helped portation systems. tation safety goals, including enhancement reduce traffic crashes, congestion, costs, and ‘‘(3) SELECTION.— of safe operation of motor vehicles and non- other benefits of the deployed systems; ‘‘(A) IN GENERAL.—Not later than 1 year motorized vehicles and improved emergency ‘‘(B) data on the effect of measuring and after the date of enactment of the MAP-21, response to collisions, with particular em- improving transportation system perform- the Secretary may provide grants to eligible phasis on decreasing the number and sever- ance through the deployment of advanced entities under this section. ity of collisions; technologies; ‘‘(B) GEOGRAPHIC DIVERSITY.—In awarding a ‘‘(3) protection and enhancement of the ‘‘(C) the effectiveness of providing real- grant under this section, the Secretary shall natural environment and communities af- time integrated traffic, transit, and ensure, to the maximum extent practicable, fected by surface transportation, with par- that grant recipients represent diverse geo- multimodal transportation information to ticular emphasis on assisting State and local graphical areas of the United States, includ- the public that allows the public to make in- governments to achieve national environ- ing urban, suburban, and rural areas. formed travel decisions; and mental goals; ‘‘(C) NON-FEDERAL SHARE.—In awarding a ‘‘(D) lessons learned and recommendations ‘‘(4) accommodation of the needs of all grant under the section, the Secretary shall for future deployment strategies to optimize users of surface transportation systems, in- give priority to grant recipients that dem- transportation efficiency and multimodal cluding operators of commercial motor vehi- onstrate an ability to contribute a signifi- system performance. cles, passenger motor vehicles, motorcycles, cant non-Federal share to the cost of car- ‘‘(6) REPORT TO CONGRESS.—Not later than 2 bicycles, and pedestrians (including individ- rying out the project for which the grant is years after date on which the first grant is uals with disabilities); and received. awarded under this section and annually ‘‘(5) enhancement of national defense mo- ‘‘(4) ELIGIBLE USES.—Projects for which thereafter for each fiscal year for which bility and improvement of the ability of the grants awarded under this section may be grants are awarded under this section, the United States to respond to security-related used include— Secretary shall submit to Congress a report or other manmade emergencies and natural ‘‘(A) the establishment and implementa- that describes the effectiveness of the grant disasters. tion of ITS and ITS-enabled operations strat- recipients in meeting the projected deploy- ‘‘(b) PURPOSES.—The Secretary shall im- egies that improve performance in the areas ment plan goals, including data on how the plement activities under the intelligent of— grant program has— transportation system program, at a min- ‘‘(i) traffic operations; ‘‘(A) reduced traffic-related fatalities and imum— ‘‘(ii) emergency response to surface trans- injuries; ‘‘(1) to expedite, in both metropolitan and portation incidents; ‘‘(B) reduced traffic congestion and im- rural areas, deployment and integration of ‘‘(iii) incident management; proved travel time reliability; intelligent transportation systems for con- ‘‘(iv) transit and commercial vehicle oper- ‘‘(C) reduced transportation-related emis- sumers of passenger and freight transpor- ations improvements; sions; tation; ‘‘(v) weather event response management ‘‘(D) optimized multimodal system per- ‘‘(2) to ensure that Federal, State, and by State and local authorities; formance; local transportation officials have adequate ‘‘(vi) surface transportation network and ‘‘(E) improved access to transportation al- knowledge of intelligent transportation sys- facility management; ternatives; tems for consideration in the transportation ‘‘(vii) construction and work zone manage- ‘‘(F) provided the public with access to planning process; ment; real-time integrated traffic, transit, and ‘‘(3) to improve regional cooperation and ‘‘(viii) traffic flow information; multimodal transportation information to operations planning for effective intelligent ‘‘(ix) freight management; and make informed travel decisions; transportation system deployment; ‘‘(x) congestion management; ‘‘(G) provided cost savings to transpor- ‘‘(4) to promote the innovative use of pri- ‘‘(B) carrying out activities that support tation agencies, businesses, and the trav- vate resources in support of intelligent the creation of networks that link metro- eling public; and transportation system development;

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‘‘(5) to facilitate, in cooperation with the for the maintenance of the repository for ‘‘(5) APPLICABILITY OF FEDERAL ADVISORY motor vehicle industry, the introduction of technical and safety data under paragraph COMMITTEE ACT.—The Advisory Committee vehicle-based safety enhancing systems; (1)(A). shall be subject to the Federal Advisory ‘‘(6) to support the application of intel- ‘‘(B) FEDERAL FINANCIAL ASSISTANCE.—If Committee Act (5 U.S.C. App.). ligent transportation systems that increase the Secretary enters into an agreement with ‘‘(i) REPORTING.— the safety and efficiency of commercial an entity for the maintenance of the reposi- ‘‘(1) GUIDELINES AND REQUIREMENTS.— motor vehicle operations; tory, the entity shall be eligible for Federal ‘‘(A) IN GENERAL.—The Secretary shall ‘‘(7) to develop a workforce capable of de- financial assistance under this section. issue guidelines and requirements for the re- veloping, operating, and maintaining intel- ‘‘(3) AVAILABILITY OF INFORMATION.—Infor- porting and evaluation of operational tests ligent transportation systems; mation in the repository shall not be subject and deployment projects carried out under ‘‘(8) to provide continuing support for oper- to sections 552 and 555 of title 5, United this chapter. ations and maintenance of intelligent trans- States Code. ‘‘(B) OBJECTIVITY AND INDEPENDENCE.—The guidelines and requirements issued under portation systems; and ‘‘(h) ADVISORY COMMITTEE.— subparagraph (A) shall include provisions to ‘‘(9) to ensure a systems approach that in- ‘‘(1) IN GENERAL.—The Secretary shall es- ensure the objectivity and independence of cludes cooperation among vehicles, infra- tablish an Advisory Committee to advise the the reporting entity so as to avoid any real structure, and users.’’. Secretary on carrying out this chapter. or apparent conflict of interest or potential (b) CONFORMING AMENDMENT.—The analysis ‘‘(2) MEMBERSHIP.—The Advisory Com- influence on the outcome by parties to any for chapter 5 of title 23, United States Code, mittee shall have no more than 20 members, such test or deployment project or by any is amended by adding after the item relating be balanced between metropolitan and rural to section 513 the following: other formal evaluation carried out under interests, and include, at a minimum— this chapter. ‘‘514. Goals and purposes.’’. ‘‘(A) a representative from a State high- ‘‘(C) FUNDING.—The guidelines and require- SEC. 2303. GENERAL AUTHORITIES AND RE- way department; ments issued under subparagraph (A) shall QUIREMENTS. ‘‘(B) a representative from a local highway establish reporting funding levels based on (a) IN GENERAL.—Chapter 5 of title 23, department who is not from a metropolitan the size and scope of each test or project United States Code, is amended by adding planning organization; that ensure adequate reporting of the results after section 514 (as added by section 2302) ‘‘(C) a representative from a State, local, of the test or project. the following: or regional transit agency; ‘‘(2) SPECIAL RULE.—Any survey, question- ‘‘§ 515. General authorities and requirements ‘‘(D) a representative from a metropolitan naire, or interview that the Secretary con- ‘‘(a) SCOPE.—Subject to the provisions of planning organization; siders necessary to carry out the reporting of this chapter, the Secretary shall conduct an ‘‘(E) a private sector user of intelligent any test, deployment project, or program as- ongoing intelligent transportation system transportation system technologies; sessment activity under this chapter shall program— ‘‘(F) an academic researcher with expertise not be subject to chapter 35 of title 44, ‘‘(1) to research, develop, and operationally in computer science or another information United States Code.’’. test intelligent transportation systems; and science field related to intelligent transpor- (b) CONFORMING AMENDMENT.—The analysis ‘‘(2) to provide technical assistance in the tation systems, and who is not an expert on for chapter 5 of title 23, United States Code, nationwide application of those systems as a transportation issues; is amended by adding after the item relating component of the surface transportation sys- ‘‘(G) an academic researcher who is a civil to section 514 (as added by section 2302) the tems of the United States. engineer; following: ‘‘(b) POLICY.—Intelligent transportation ‘‘(H) an academic researcher who is a so- ‘‘515. General authorities and require- system research projects and operational cial scientist with expertise in transpor- ments.’’. tests funded pursuant to this chapter shall tation issues; SEC. 2304. RESEARCH AND DEVELOPMENT. encourage and not displace public-private ‘‘(I) a representative from a nonprofit (a) IN GENERAL.—Chapter 5 of title 23, partnerships or private sector investment in group representing the intelligent transpor- United States Code, is amended by adding those tests and projects. tation system industry; after section 515 (as added by section 2303) ‘‘(c) COOPERATION WITH GOVERNMENTAL, ‘‘(J) a representative from a public interest the following: PRIVATE, AND EDUCATIONAL ENTITIES.—The group concerned with safety; ‘‘§ 516. Research and development ‘‘(K) a representative from a public inter- Secretary shall carry out the intelligent ‘‘(a) IN GENERAL.—The Secretary shall est group concerned with the impact of the transportation system program in coopera- carry out a comprehensive program of intel- tion with State and local governments and transportation system on land use and resi- ligent transportation system research and other public entities, the private sector dential patterns; and development, and operational tests of intel- firms of the United States, the Federal lab- ‘‘(L) members with expertise in planning, ligent vehicles, intelligent infrastructure oratories, and institutions of higher edu- safety, telecommunications, utilities, and systems, and other similar activities that cation, including historically Black colleges operations. are necessary to carry out this chapter. and universities and other minority institu- ‘‘(3) DUTIES.—The Advisory Committee ‘‘(b) PRIORITY AREAS.—Under the program, tions of higher education. shall, at a minimum, perform the following the Secretary shall give higher priority to ‘‘(d) CONSULTATION WITH FEDERAL OFFI- duties: funding projects that— CIALS.—In carrying out the intelligent trans- ‘‘(A) Provide input into the development of ‘‘(1) enhance mobility and productivity portation system program, the Secretary the intelligent transportation system as- through improved traffic management, inci- shall consult with the heads of other Federal pects of the strategic plan under section 508. dent management, transit management, agencies, as appropriate. ‘‘(B) Review, at least annually, areas of in- freight management, road weather manage- ‘‘(e) TECHNICAL ASSISTANCE, TRAINING, AND telligent transportation systems research ment, toll collection, traveler information, INFORMATION.—The Secretary may provide being considered for funding by the Depart- or highway operations systems and remote technical assistance, training, and informa- ment, to determine— sensing products; tion to State and local governments seeking ‘‘(i) whether these activities are likely to ‘‘(2) use interdisciplinary approaches to de- to implement, operate, maintain, or evaluate advance either the state-of-the-practice or velop traffic management strategies and intelligent transportation system tech- state-of-the-art in intelligent transportation tools to address multiple impacts of conges- nologies and services. systems; tion concurrently; ‘‘(f) TRANSPORTATION PLANNING.—The Sec- ‘‘(ii) whether the intelligent transpor- ‘‘(3) address traffic management, incident retary may provide funding to support ade- tation system technologies are likely to be management, transit management, toll col- quate consideration of transportation sys- deployed by users, and if not, to determine lection traveler information, or highway op- tems management and operations, including the barriers to deployment; and erations systems; intelligent transportation systems, within ‘‘(iii) the appropriate roles for government ‘‘(4) incorporate research on the impact of metropolitan and statewide transportation and the private sector in investing in the re- environmental, weather, and natural condi- planning processes. search and technologies being considered. tions on intelligent transportation systems, ‘‘(g) INFORMATION CLEARINGHOUSE.— ‘‘(4) REPORT.—Not later than February 1 of including the effects of cold climates; ‘‘(1) IN GENERAL.—The Secretary shall— each year after the date of enactment of the ‘‘(5) enhance intermodal use of intelligent ‘‘(A) maintain a repository for technical MAP-21, the Secretary shall submit to Con- transportation systems for diverse groups, and safety data collected as a result of feder- gress a report that includes— including for emergency and health-related ally sponsored projects carried out under ‘‘(A) all recommendations made by the Ad- services; this chapter; and visory Committee during the preceding cal- ‘‘(6) enhance safety through improved ‘‘(B) make, on request, that information endar year; crash avoidance and protection, crash and (except for proprietary information and ‘‘(B) an explanation of the manner in other notification, commercial motor vehi- data) readily available to all users of the re- which the Secretary has implemented those cle operations, and infrastructure-based or pository at an appropriate cost. recommendations; and cooperative safety systems; or ‘‘(2) AGREEMENT.— ‘‘(C) for recommendations not imple- ‘‘(7) facilitate the integration of intelligent ‘‘(A) IN GENERAL.—The Secretary may mented, the reasons for rejecting the rec- infrastructure, vehicle, and control tech- enter into an agreement with a third party ommendations. nologies.

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‘‘(c) FEDERAL SHARE.—The Federal share may offer an exemption from paragraph (1) authorized to be made available under this payable on account of any project or activity for projects designed to achieve specific re- chapter with respect to a project. carried out under subsection (a) shall not ex- search objectives outlined in the national in- ‘‘(3) INVESTMENT-GRADE RATING.—The term ceed 80 percent.’’. telligent transportation system program ‘investment-grade rating’ means a rating of (b) CONFORMING AMENDMENT.—The analysis plan or the surface transportation research BBB minus, Baa3, bbb minus, BBB (low), or for chapter 5 of title 23, United States Code, and development strategic plan developed higher assigned by a rating agency to project is amended by adding after the item relating under section 508.’’. obligations. to section 515 (as added by section 2304) the (b) CONFORMING AMENDMENT.—The analysis ‘‘(4) LENDER.—The term ‘lender’ means any following: for chapter 5 of title 23, United States Code, non-Federal qualified institutional buyer (as ‘‘516. Research and development.’’. is amended by adding after the item relating defined in section 230.144A(a) of title 17, Code SEC. 2305. NATIONAL ARCHITECTURE AND to section 516 (as added by section 2304) the of Federal Regulations (or any successor reg- STANDARDS. following: ulation), known as Rule 144A(a) of the Secu- (a) IN GENERAL.—Chapter 5 of title 23, ‘‘517. National architecture and standards.’’. rities and Exchange Commission and issued United States Code, is amended by adding under the Securities Act of 1933 (15 U.S.C. 77a after section 516 (as added by section 2304) SEC. 2306. 5.9 GHz VEHICLE-TO-VEHICLE AND VE- HICLE-TO-INFRASTRUCTURE COM- et seq.)), including— the following: MUNICATIONS SYSTEMS DEPLOY- ‘‘(A) a qualified retirement plan (as defined ‘‘§ 517. National architecture and standards. MENT. in section 4974(c) of the Internal Revenue ‘‘(a) IN GENERAL.— (a) IN GENERAL.—Chapter 5 of title 23, Code of 1986) that is a qualified institutional ‘‘(1) DEVELOPMENT, IMPLEMENTATION, AND United States Code, is amended by adding buyer; and MAINTENANCE.—In accordance with section after section 517 (as added by section 2305) ‘‘(B) a governmental plan (as defined in 12(d) of the National Technology Transfer the following: section 414(d) of the Internal Revenue Code and Advancement Act of 1995 (15 U.S.C. 272 ‘‘§ 518. 5.9 GHz vehicle-to-vehicle and vehicle- of 1986) that is a qualified institutional buyer. note; 110 Stat. 783; 115 Stat. 1241), the Sec- to-infrastructure communications systems ‘‘(5) LETTER OF INTEREST.—The term ‘letter retary shall develop and maintain a national deployment ITS architecture and supporting ITS stand- of interest’ means a letter submitted by a ‘‘(a) IN GENERAL.—Not later than 3 years potential applicant prior to an application ards and protocols to promote the use of sys- after the date of enactment of this section, tems engineering methods in the widespread for credit assistance in a format prescribed the Secretary shall submit to the appro- by the Secretary on the website of the TIFIA deployment and evaluation of intelligent priate committees of Congress a report transportation systems as a component of program, which— that— the surface transportation systems of the ‘‘(A) describes the project and the location, ‘‘(1) describes a recommended implementa- United States. purpose, and cost of the project; tion path for dedicated short-range commu- ‘‘(2) INTEROPERABILITY AND EFFICIENCY.—To ‘‘(B) outlines the proposed financial plan, nications technology and applications; and the maximum extent practicable, the na- including the requested credit assistance and ‘‘(2) includes guidance on the relationship tional ITS architecture and supporting ITS the proposed obligor; of the proposed deployment of dedicated standards and protocols shall promote inter- ‘‘(C) provides a status of environmental re- short-range communications to the National operability among, and efficiency of, intel- view; and ITS Architecture and ITS Standards. ligent transportation systems and tech- ‘‘(D) provides information regarding satis- ‘‘(b) NATIONAL RESEARCH COUNCIL RE- nologies implemented throughout the United faction of other eligibility requirements of VIEW.—The Secretary shall enter into an States. the TIFIA program. agreement with the National Research Coun- ‘‘(3) USE OF STANDARDS DEVELOPMENT ORGA- ‘‘(6) LINE OF CREDIT.—The term ‘‘ ‘line of cil for the review by the National Research NIZATIONS.—In carrying out this section, the credit’ ’’ means an agreement entered into by Council of the report described in subsection Secretary shall support the development and the Secretary with an obligor under section (a).’’. maintenance of standards and protocols 604 to provide a direct loan at a future date (b) CONFORMING AMENDMENT.—The analysis using the services of such standards develop- upon the occurrence of certain events. of chapter 5 of title 23, United States Code, ment organizations as the Secretary deter- ‘‘(7) LIMITED BUYDOWN.—The term ‘limited is amended by adding after section 517 (as mines to be necessary and whose member- buydown’ means, subject to the conditions added by section 2305) the following: ships are comprised of, and represent, the described in section 603(b)(4)(C), a buydown surface transportation and intelligent trans- ‘‘518. 5.9 GHz vehicle-to-vehicle and vehicle- of the interest rate by the Secretary and by portation systems industries. to-infrastructure communica- the obligor if the interest rate has increased ‘‘(b) STANDARDS FOR NATIONAL POLICY IM- tions systems deployment.’’. between— PLEMENTATION.—If the Secretary finds that a TITLE III—AMERICA FAST FORWARD ‘‘(A)(i) the date on which a project applica- standard is necessary for implementation of FINANCING INNOVATION tion acceptable to the Secretary is sub- a nationwide policy relating to user fee col- mitted; or SEC. 3001. SHORT TITLE. ‘‘(ii) the date on which the Secretary en- lection or other capability requiring nation- This title may be cited as the ‘‘America wide uniformity, the Secretary, after con- tered into a master credit agreement; and Fast Forward Financing Innovation Act of ‘‘(B) the date on which the Secretary exe- sultation with stakeholders, may establish 2011’’. and require the use of that standard. cutes the Federal credit instrument. ‘‘(c) PROVISIONAL STANDARDS.— SEC. 3002. TRANSPORTATION INFRASTRUCTURE ‘‘(8) LOAN GUARANTEE.—The term ‘loan FINANCE AND INNOVATION ACT ‘‘(1) IN GENERAL.—If the Secretary finds guarantee’ means any guarantee or other AMENDMENTS. that the development or balloting of an in- pledge by the Secretary to pay all or part of Sections 601 through 609 of title 23, United telligent transportation system standard the principal of and interest on a loan or States Code, are amended to read as follows: jeopardizes the timely achievement of the other debt obligation issued by an obligor objectives described in subsection (a), the ‘‘§ 601. Generally applicable provisions and funded by a lender. Secretary may establish a provisional stand- ‘‘(a) DEFINITIONS.—In this chapter, the fol- ‘‘(9) MASTER CREDIT AGREEMENT.—The term ard, after consultation with affected parties, lowing definitions apply: ‘master credit agreement’ means an agree- using, to the maximum extent practicable, ‘‘(1) ELIGIBLE PROJECT COSTS.—The term ment to extend credit assistance for a pro- the work product of appropriate standards ‘eligible project costs’ means amounts sub- gram of projects secured by a common secu- development organizations. stantially all of which are paid by, or for the rity pledge (which shall receive an invest- ‘‘(2) PERIOD OF EFFECTIVENESS.—A provi- account of, an obligor in connection with a ment grade rating from a rating agency), or sional standard established under paragraph project, including the cost of— for a single project covered under section (1) shall be published in the Federal Register ‘‘(A) development phase activities, includ- 602(b)(2) that would— and remain in effect until the appropriate ing planning, feasibility analysis, revenue ‘‘(A) make contingent commitments of 1 or standards development organization adopts forecasting, environmental review, permit- more secured loans or other Federal credit and publishes a standard. ting, preliminary engineering and design instruments at future dates, subject to the ‘‘(d) CONFORMITY WITH NATIONAL ARCHITEC- work, and other preconstruction activities; availability of future funds being made avail- TURE.— ‘‘(B) construction, reconstruction, rehabili- able to carry out this chapter; ‘‘(1) IN GENERAL.—Except as provided in tation, replacement, and acquisition of real ‘‘(B) establish the maximum amounts and paragraph (2), the Secretary shall ensure property (including land relating to the general terms and conditions of the secured that intelligent transportation system project and improvements to land), environ- loans or other Federal credit instruments; projects carried out using amounts made mental mitigation, construction contin- ‘‘(C) identify the 1 or more dedicated non- available from the Highway Trust Fund, in- gencies, and acquisition of equipment; and Federal revenue sources that will secure the cluding amounts made available to deploy ‘‘(C) capitalized interest necessary to meet repayment of the secured loans or secured intelligent transportation systems, conform market requirements, reasonably required Federal credit instruments; to the appropriate regional ITS architecture, reserve funds, capital issuance expenses, and ‘‘(D) provide for the obligation of funds for applicable standards, and protocols devel- other carrying costs during construction. the secured loans or secured Federal credit oped under subsection (a) or (c). ‘‘(2) FEDERAL CREDIT INSTRUMENT.—The instruments after all requirements have been ‘‘(2) DISCRETION OF THE SECRETARY.—The term ‘Federal credit instrument’ means a se- met for the projects subject to the master Secretary, at the discretion of the Secretary, cured loan, loan guarantee, or line of credit credit agreement, including—

VerDate Mar 15 2010 05:24 Jun 04, 2013 Jkt 099060 PO 00000 Frm 00086 Fmt 4624 Sfmt 0634 J:\CRONLINE\2000-THRU-2012-ONLINE-CORRECTIONS\2012 RECORD ONLINE CORREC bjneal on DSK2TWX8P1PROD with February 9, 2012 CONGRESSIONAL RECORD — SENATE S481 ‘‘(i) completion of an environmental im- means a surface transportation infrastruc- Federal credit instrument is entered into pact statement or similar analysis required ture project located in any area other than under this chapter. under the National Environmental Policy an urbanized area that has a population of ‘‘(3) APPLICATION.—A State, local govern- Act of 1969 (42 U.S.C. 4321 et seq.); øand¿ greater than 200,000 inhabitants. ment, public authority, public-private part- ‘‘(ii) compliance with such other require- ‘‘(15) SECURED LOAN.—The term ‘secured nership, or any other legal entity under- ments as are specified in section 602(c); and loan’ means a direct loan or other debt obli- taking the project and authorized by the ‘‘(iii) the availibility of funds to carry out this gation issued by an obligor and funded by Secretary, shall submit a project application chapter; and the Secretary in connection with the financ- acceptable to the Secretary. ‘‘(E) require that contingent commitments ing of a project under section 603. ‘‘(4) ELIGIBLE PROJECT COSTS.— result in a financial close and obligation of ‘‘(16) STATE.—The term ‘State’ has the ‘‘(A) IN GENERAL.—Except as provided in credit assistance not later than 3 years after meaning given the term in section 101. subparagraph (B), to be eligible for assist- the date of entry into the master credit ‘‘(17) SUBSIDY AMOUNT.—The term ‘subsidy ance under this chapter, a project shall have agreement, or release of the commitment, amount’ means the amount of budget au- eligible project costs that are reasonably an- unless otherwise extended by the Secretary. thority sufficient to cover the estimated ticipated to equal or exceed the lesser of— ‘‘(10) OBLIGOR.—The term ‘obligor’ means a long-term cost to the Federal Government of ‘‘(i)(I) $50,000,000; or party that— a Federal credit instrument, calculated on a ‘‘(II) in the case of a rural infrastructure ‘‘(A) is primarily liable for payment of the net present value basis, excluding adminis- project, $25,000,000; or principal of or interest on a Federal credit trative costs and any incidental effects on ‘‘(ii) 331⁄3 percent of the amount of Federal instrument; and governmental receipts or outlays in accord- highway assistance funds apportioned for the ‘‘(B) may be a corporation, partnership, ance with the Federal Credit Reform Act of most recently completed fiscal year to the joint venture, trust, or governmental entity, 1990 (2 U.S.C. 661 et seq.). State in which the project is located. agency, or instrumentality. ‘‘(18) SUBSTANTIAL COMPLETION.—The term ‘‘(B) INTELLIGENT TRANSPORTATION SYSTEM ‘‘(11) PROJECT.—The term ‘project’ means— ‘substantial completion’ means— PROJECTS.—In the case of a project prin- ‘‘(A) any surface transportation project eli- ‘‘(A) the opening of a project to vehicular cipally involving the installation of an intel- gible for Federal assistance under this title or passenger traffic; or ligent transportation system, eligible or chapter 53 of title 49; ‘‘(B) a comparable event, as determined by project costs shall be reasonably anticipated ‘‘(B) a project for an international bridge the Secretary and specified in the credit to equal or exceed $15,000,000. or tunnel for which an international entity agreement. ‘‘(5) DEDICATED REVENUE SOURCES.—The authorized under Federal or State law is re- ‘‘(19) TIFIA PROGRAM.—The term ‘TIFIA Federal credit instrument shall be repay- sponsible; program’ means the transportation infra- able, in whole or in part, from tolls, user ‘‘(C) a project for intercity passenger bus structure finance and innovation program of fees, or other dedicated revenue sources that or rail facilities and vehicles, including fa- the Department. also secure the project obligations. cilities and vehicles owned by the National ‘‘(20) CONTINGENT COMMITMENT.—The term ‘‘(6) PUBLIC SPONSORSHIP OF PRIVATE ENTI- Railroad Passenger Corporation and compo- ‘contingent commitment’ means a commitment to TIES.—In the case of a project that is under- nents of magnetic levitation transportation obligate an amount from future available budget taken by an entity that is not a State or systems; and authority that is— local government or an agency or instrumen- ‘‘(D) a project that— ‘‘(A) contingent upon those funds being made tality of a State or local government, the ‘‘(i) is a project— available in law at a future date; and project that the entity is undertaking shall ‘‘(I) for a public freight rail facility or a ‘‘(B) not an obligation of the Federal Govern- be publicly sponsored as provided in para- private facility providing public benefit for ment. graph (2). highway users by way of direct freight inter- ‘‘(b) SELECTION AMONG ELIGIBLE ‘‘(b) TREATMENT OF CHAPTER.—For pur- PROJECTS.— change between highway and rail carriers; poses of this title, this chapter shall be ‘‘(1) ESTABLISHMENT.—The Secretary shall ‘‘(II) for an intermodal freight transfer fa- treated as being part of chapter 1. cility; establish a rolling application process in ‘‘(III) for a means of access to a facility de- ‘‘§ 602. Determination of eligibility and which projects that are eligible to receive scribed in subclause (I) or (II); project selection credit assistance under subsection (a) shall ‘‘(IV) for a service improvement for a facil- ‘‘(a) ELIGIBILITY.—A project shall be eligi- receive credit assistance on terms acceptable ity described in subclause (I) or (II) (includ- ble to receive credit assistance under this to the Secretary, if adequate funds are avail- ing a capital investment for an intelligent chapter if the entity proposing to carry out able to cover the subsidy costs associated transportation system); or the project submits a letter of interest prior with the Federal credit instrument. ‘‘(V) that comprises a series of projects de- to submission of a formal application for the ‘‘(2) ADEQUATE FUNDING NOT AVAILABLE.— scribed in subclauses (I) through (IV) with project, and the project meets the following ø‘‘(A) IN GENERAL.—If the Secretary fully the common objective of improving the flow criteria: obligates funding to eligible projects in a of goods; ‘‘(1) CREDITWORTHINESS.— given fiscal year, and adequate funding is ‘‘(ii) may involve the combining of private ‘‘(A) IN GENERAL.—The project shall satisfy not available to fund a credit instrument, a and public sector funds, including invest- applicable creditworthiness standards, project sponsor of an eligible project may ment of public funds in private sector facil- which, at a minimum, includes— elect to enter into a master credit agreement ity improvements; ‘‘(i) a rate covenant, if applicable; and wait until the following fiscal year or ‘‘(iii) if located within the boundaries of a ‘‘(ii) adequate coverage requirements to until additional funds are available to receive port terminal, includes only such surface ensure repayment; credit assistanceø, or pay its own credit sub- transportation infrastructure modifications ‘‘(iii) an investment grade rating from at sidy to permit an obligation. as are necessary to facilitate direct inter- least 2 rating agencies on debt senior to the ‘‘(B) USE OF FUNDS.—A project sponsor may modal interchange, transfer, and access into Federal credit instrument; and use non-Federal funds or any eligible funds and out of the port; and ‘‘(iv) a rating from at least 2 rating agen- apportioned under chapter 1 of this title or ‘‘(iv) is composed of related highway, sur- cies on the Federal credit instrument, sub- chapter 53 of title 49 to pay a credit subsidy face transportation, transit, rail, or inter- ject to the condition that, with respect to described in subparagraph (A).¿ modal capital improvement projects eligible øclauses (ii) and¿ clause (iii), if the senior ‘‘(3) PRELIMINARY RATING OPINION LETTER.— for assistance under this subsection in order debt and Federal credit instrument is for an The Secretary shall require each project ap- to meet the eligible project cost threshold amount less than $75,000,000 or for a rural in- plicant to provide a preliminary rating opin- under section 602, by grouping related frastructure project or intelligent transpor- ion letter from at least 1 rating agency— projects together for that purpose, on the tation systems project, 1 rating agency opin- ‘‘(A) indicating that the senior obligations condition that the credit assistance for the ion for each of the senior debt and Federal of the project, which may be the Federal projects is secured by a common pledge. credit instrument shall be sufficient. credit instrument, have the potential to ‘‘(12) PROJECT OBLIGATION.—The term ‘‘(B) SENIOR DEBT.—Notwithstanding sub- achieve an investment-grade rating; and ‘project obligation’ means any note, bond, paragraph (A), in a case in which the Federal ‘‘(B) including a preliminary rating opin- debenture, or other debt obligation issued by credit instrument is the senior debt, the Fed- ion on the Federal credit instrument. an obligor in connection with the financing eral credit instrument shall be required to ‘‘(c) FEDERAL REQUIREMENTS.— of a project, other than a Federal credit in- receive an investment grade rating from at ‘‘(1) IN GENERAL.—In addition to the re- strument. least 2 rating agencies, unless the credit in- quirements of this title for highway projects, ‘‘(13) RATING AGENCY.—The term ‘rating strument is for a rural infrastructure project chapter 53 of title 49 for transit projects, and agency’ means a credit rating agency reg- or intelligent transportation systems section 5333(a) of title 49 for rail projects, the istered with the Securities and Exchange project, in which case 1 rating agency opin- following provisions of law shall apply to Commission as a nationally recognized sta- ion shall be sufficient. funds made available under this chapter and tistical rating organization (as that term is ‘‘(2) INCLUSION IN TRANSPORTATION PLANS projects assisted with the funds: defined in section 3(a) of the Securities Ex- AND PROGRAMS.—The project shall satisfy the ‘‘(A) Title VI of the Civil Rights Act of 1964 change Act of 1934 (15 U.S.C. 78c(a))). applicable planning and programming re- (42 U.S.C. 2000d et seq.). ‘‘(14) RURAL INFRASTRUCTURE PROJECT.— quirements of sections 134 and 135 at such ‘‘(B) The National Environmental Policy The term ‘rural infrastructure project’ time as an agreement to make available a Act of 1969 (42 U.S.C. 4321 et seq.).

VerDate Mar 15 2010 05:24 Jun 04, 2013 Jkt 099060 PO 00000 Frm 00087 Fmt 4624 Sfmt 0634 J:\CRONLINE\2000-THRU-2012-ONLINE-CORRECTIONS\2012 RECORD ONLINE CORREC bjneal on DSK2TWX8P1PROD with S482 CONGRESSIONAL RECORD — SENATE February 9, 2012 ‘‘(C) The Uniform Relocation Assistance ‘‘(i) The interest rate under the agreement subparagraph (C), allow the obligor to add and Real Property Acquisition Policies Act may not be lowered by more than the lower unpaid principal and interest to the out- of 1970 (42 U.S.C. 4601 et seq.). of— standing balance of the secured loan. ‘‘(2) NEPA.—No funding shall be obligated ‘‘(I) 11⁄2 percentage points (150 basis points); ‘‘(B) INTEREST.—Any payment deferred for a project that has not received an envi- or under subparagraph (A) shall— ronmental Categorical Exclusion, Finding of ‘‘(II) the amount of the increase in the in- ‘‘(i) continue to accrue interest in accord- No Significant Impact, or Record of Decision terest rate. ance with subsection (b)(4) until fully repaid; under the National Environmental Policy ‘‘(ii) The Secretary may pay up to 50 per- and Act of 1969 (42 U.S.C. 4321 et seq.). cent of the cost of the limited buydown, and ‘‘(ii) be scheduled to be amortized over the the obligor shall pay the balance of the cost remaining term of the loan. ‘‘§ 603. Secured loans of the limited buydown. ‘‘(C) CRITERIA.— ‘‘(a) IN GENERAL.— ‘‘(iii) Not more than 5 percent of the fund- ‘‘(i) IN GENERAL.—Any payment deferral ‘‘(1) AGREEMENTS.—Subject to paragraphs ing made available annually to carry out under subparagraph (A) shall be contingent (2) through (4), the Secretary may enter into this chapter may be used to carry out lim- on the project meeting criteria established agreements with 1 or more obligors to make ited buydowns. by the Secretary. secured loans, the proceeds of which shall be ‘‘(5) MATURITY DATE.—The final maturity ‘‘(ii) REPAYMENT STANDARDS.—The criteria used— date of the secured loan shall be the lesser established under clause (i) shall include ‘‘(A) to finance eligible project costs of any of— standards for reasonable assurance of repay- project selected under section 602; ‘‘(A) 35 years after the date of substantial ment. ‘‘(B) to refinance interim construction fi- completion of the project; or ‘‘(4) PREPAYMENT.— nancing of eligible project costs of any ‘‘(B) if the useful life of the capital asset ‘‘(A) USE OF EXCESS REVENUES.—Any excess project selected under section 602; øor¿ being financed is of a lesser period, the use- revenues that remain after satisfying sched- ‘‘(C) to refinance existing loan agreements for ful life of the asset. uled debt service requirements on the rural infrastructure projects; or ‘‘(6) NONSUBORDINATION.— project obligations and secured loan and all ‘‘ø(C)¿(D) to refinance long-term project ‘‘(A) IN GENERAL.—Except as provided in deposit requirements under the terms of any ø ¿ obligations or Federal credit instruments if subparagraphs (B) and (C) subparagraph trust agreement, bond resolution, or similar the refinancing provides additional funding (B), the secured loan shall not be subordi- agreement securing project obligations may capacity for the completion, enhancement, nated to the claims of any holder of project be applied annually to prepay the secured or expansion of any project that— obligations in the event of bankruptcy, in- loan without penalty. solvency, or liquidation of the obligor. ‘‘(i) is selected under section 602; or ‘‘(B) USE OF PROCEEDS OF REFINANCING.— ‘‘(B) PRE-EXISTING INDENTURE.— ‘‘(ii) otherwise meets the requirements of The secured loan may be prepaid at any time ‘‘(i) IN GENERAL.—The Secretary shall section 602. without penalty from the proceeds of refi- waive subparagraph (A) for public agency ‘‘(2) LIMITATION ON REFINANCING OF INTERIM nancing from non-Federal funding sources. borrowers that are financing ongoing capital CONSTRUCTION FINANCING.—A loan under ‘‘(d) SALE OF SECURED LOANS.— programs and have outstanding senior bonds paragraph (1) shall not refinance interim ‘‘(1) IN GENERAL.—Subject to paragraph (2), under a pre-existing indenture, if— construction financing under paragraph as soon as practicable after substantial com- ‘‘(I) the secured loan is rated in the A-cat- (1)(B) later than 1 year after the date of sub- pletion of a project and after notifying the egory or higher; stantial completion of the project. obligor, the Secretary may sell to another ‘‘(II) the secured loan is secured and pay- ‘‘(3) RISK ASSESSMENT.—Before entering entity or reoffer into the capital markets a able from pledged revenues not affected by into an agreement under this subsection, the secured loan for the project if the Secretary project performance, such as a tax-backed determines that the sale or reoffering can be Secretary, in consultation with the Director revenue pledge or a system-backed pledge of made on favorable terms. of the Office of Management and Budget, project revenues; and ‘‘(2) CONSENT OF OBLIGOR.—In making a shall determine an appropriate capital re- ‘‘(III) the TIFIA program share of eligible sale or reoffering under paragraph (1), the serve subsidy amount for each secured loan, project costs is 33 percent or less. taking into account each rating letter pro- Secretary may not change the original terms ‘‘(ii) LIMITATION.—If the Secretary waives and conditions of the secured loan without vided by an agency under section 602(b)(3)(B). the nonsubordination requirement under this the written consent of the obligor. ‘‘(b) TERMS AND LIMITATIONS.— subparagraph— ‘‘(e) LOAN GUARANTEES.— ‘‘(1) IN GENERAL.—A secured loan under ‘‘(I) the maximum credit subsidy that will ‘‘(1) IN GENERAL.—The Secretary may pro- this section with respect to a project shall be be paid by the Federal Government shall be vide a loan guarantee to a lender in lieu of on such terms and conditions and contain limited to 10 percent of the principal amount making a secured loan if the Secretary de- such covenants, representations, warranties, of the secured loan; and termines that the budgetary cost of the loan and requirements (including requirements ‘‘(II) the obligor shall be responsible for guarantee is substantially the same as that for audits) as the Secretary determines ap- paying the remainder of the subsidy cost. of a secured loan. propriate. ‘‘(7) FEES.—The Secretary may establish ‘‘(2) TERMS.—The terms of a guaranteed ‘‘(2) MAXIMUM AMOUNT.—The amount of the fees at a level sufficient to cover all or a por- loan shall be consistent with the terms set secured loan shall not exceed the lesser of 49 tion of the costs to the Federal Government forth in this section for a secured loan, ex- percent of the reasonably anticipated eligi- of making a secured loan under this section. cept that the rate on the guaranteed loan ble project costs or, if the secured loan does ‘‘(8) NON-FEDERAL SHARE.—The proceeds of and any prepayment features shall be nego- not receive an investment grade rating, the a secured loan under this chapter may be tiated between the obligor and the lender, amount of the senior project obligations. used for any non-Federal share of project with the consent of the Secretary. ‘‘(3) PAYMENT.—The secured loan— costs required under this title or chapter 53 ‘‘(A) shall— of title 49, if the loan is repayable from non- ‘‘§ 604. Lines of credit ‘‘(i) be payable, in whole or in part, from Federal funds. ‘‘(a) IN GENERAL.— tolls, user fees, or other dedicated revenue ‘‘(9) MAXIMUM FEDERAL INVOLVEMENT.—The ‘‘(1) AGREEMENTS.—Subject to paragraphs sources that also secure the senior project total Federal assistance provided on a (2) through (4), the Secretary may enter into obligations; and project receiving a loan under this chapter agreements to make available lines of credit ‘‘(ii) include a rate covenant, coverage re- shall not exceed 80 percent of the total to 1 or more obligors in the form of direct quirement, or similar security feature sup- project cost. loans to be made by the Secretary at future porting the project obligations; and ‘‘(c) REPAYMENT.— dates on the occurrence of certain events for ‘‘(B) may have a lien on revenues described ‘‘(1) SCHEDULE.—The Secretary shall estab- any project selected under section 602. in subparagraph (A) subject to any lien se- lish a repayment schedule for each secured ‘‘(2) USE OF PROCEEDS.—The proceeds of a curing project obligations. loan under this section based on the pro- line of credit made available under this sec- ‘‘(4) INTEREST RATE.— jected cash flow from project revenues and tion shall be available to pay debt service on ‘‘(A) IN GENERAL.—Except as provided in other repayment sources, and the useful life project obligations issued to finance eligible subparagraphs (B) and (C), the interest rate of the project. project costs, extraordinary repair and re- on the secured loan shall be not less than the ‘‘(2) COMMENCEMENT.—Scheduled loan re- placement costs, operation and maintenance yield on United States Treasury securities of payments of principal or interest on a se- expenses, and costs associated with unex- a similar maturity to the maturity of the se- cured loan under this section shall com- pected Federal or State environmental re- cured loan on the date of execution of the mence not later than 5 years after the date strictions. loan agreement. of substantial completion of the project. ‘‘(3) RISK ASSESSMENT.—Before entering ‘‘(B) RURAL INFRASTRUCTURE PROJECTS.—A ‘‘(3) DEFERRED PAYMENTS.— into an agreement under this subsection, the loan offered to a rural infrastructure project ‘‘(A) AUTHORIZATION.—If, at any time after Secretary, in consultation with the Director under this chapter shall be at 1⁄2 of the Treas- the date of substantial completion of the of the Office of Management and Budget and ury Rate. project, the project is unable to generate suf- each rating agency providing a preliminary ‘‘(C) LIMITED BUYDOWNS.—A limited ficient revenues to pay the scheduled loan rating opinion letter under section 602(b)(3), buydown is subject to the following condi- repayments of principal and interest on the shall determine an appropriate capital re- tions: secured loan, the Secretary may, subject to serve subsidy amount for each line of credit,

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taking into account the rating opinion let- ‘‘(I) the maximum credit subsidy that will ‘‘(1) SPENDING AND BORROWING AUTHORITY.— ter. be paid by the Federal Government shall be Spending and borrowing authority for a fis- ‘‘(4) INVESTMENT-GRADE RATING REQUIRE- limited to 10 percent of the principal amount cal year to enter into Federal credit instru- MENT.—The funding of a line of credit under of the secured loan; and ments shall be promptly apportioned to the this section shall be contingent on the senior ‘‘(II) the obligor shall be responsible for Secretary on a fiscal year basis. obligations of the project receiving an in- paying the remainder of the subsidy cost. ‘‘(2) REESTIMATES.—When the estimated vestment-grade rating from 2 rating agen- ‘‘(9) FEES.—The Secretary may establish cost of a loan or loans is reestimated, the cies. fees at a level sufficient to cover all or a por- cost of the reestimate shall be borne by or ‘‘(b) TERMS AND LIMITATIONS.— tion of the costs to the Federal Government benefit the general fund of the Treasury, ‘‘(1) IN GENERAL.—A line of credit under of providing a line of credit under this sec- consistent with section 661c(f) of title 2, this section with respect to a project shall be tion. United States Code. on such terms and conditions and contain ‘‘(10) RELATIONSHIP TO OTHER CREDIT IN- ‘‘(3) RURAL SET-ASIDE.— such covenants, representations, warranties, STRUMENTS.—A project that receives a line of ‘‘(A) IN GENERAL.—Of the total amount of and requirements (including requirements credit under this section shall not also re- funds made available to carry out this chap- for audits) as the Secretary determines ap- ceive a secured loan or loan guarantee under ter for each fiscal year, 10 percent shall be propriate. section 603 in an amount that, combined set aside for rural infrastructure projects. ‘‘(2) MAXIMUM AMOUNTS.—The total amount with the amount of the line of credit, ex- ‘‘(B) REOBLIGATION.—Any amounts set of the line of credit shall not exceed 33 per- ceeds 49 percent of eligible project costs. aside under subparagraph (A) that remain cent of the reasonably anticipated eligible ‘‘(c) REPAYMENT.— unobligated by June 1 of the fiscal year for project costs. ‘‘(1) TERMS AND CONDITIONS.—The Sec- which the amounts were set aside shall be ‘‘(3) DRAWS.—Any draw on the line of cred- retary shall establish repayment terms and available for obligation by the Secretary on it shall represent a direct loan and shall be conditions for each direct loan under this projects other than rural infrastructure made only if net revenues from the project section based on the projected cash flow projects. (including capitalized interest but not in- from project revenues and other repayment ‘‘(4) REDISTRIBUTION OF AUTHORIZED FUND- cluding reasonably required financing re- sources, and the useful life of the asset being ING.— serves) are insufficient to pay the costs spec- financed. ‘‘(A) IN GENERAL.—Beginning for in the sec- ified in subsection (a)(2). ‘‘(2) TIMING.—All repayments of principal ond fiscal year after the date of enactment of ‘‘(4) INTEREST RATE.—Except as otherwise or interest on a direct loan under this sec- this paragraph, on August 1 of that fiscal provided in subparagraphs (B) and (C) of sec- tion shall be scheduled to commence not year, and each fiscal year thereafter, if the tion 603(b)(4), the interest rate on a direct later than 5 years after the end of the period unobligated and uncommitted balance of loan resulting from a draw on the line of of availability specified in subsection (b)(6) funding available exceeds 150 percent of the credit shall be not less than the yield on 30- and to conclude, with full repayment of prin- amount made available to carry out this year United States Treasury securities as of cipal and interest, by the date that is 25 chapter for that fiscal year, the Secretary the date of execution of the line of credit years after the end of the period of avail- shall distribute to the States the amount of agreement. ability specified in subsection (b)(6). funds and associated obligation authority in ‘‘(5) SECURITY.—The line of credit— excess of that amount. ‘‘(A) shall— ‘‘§ 605. Program administration ‘‘(B) DISTRIBUTION.—The amounts and obli- ‘‘(i) be payable, in whole or in part, from ‘‘(a) REQUIREMENT.—The Secretary shall gation authority distributed under this para- tolls, user fees, or other dedicated revenue establish a uniform system to service the sources that also secure the senior project Federal credit instruments made available graph shall be distributed, in the same man- obligations; and under this chapter. ner as obligation authority is distributed to ‘‘(ii) include a rate covenant, coverage re- ‘‘(b) FEES.—The Secretary may collect and the States for the fiscal year, based on the quirement, or similar security feature sup- spend fees, contingent upon authority being proportion that— porting the project obligations; and provided in appropriations Acts, at a level ‘‘(i) the relative share of each State of obli- ‘‘(B) may have a lien on revenues described that is sufficient to cover— gation authority for the fiscal year; bears to in subparagraph (A) subject to any lien se- ‘‘(1) the costs of services of expert firms re- ‘‘(ii) the total amount of obligation au- curing project obligations. tained pursuant to subsection (d); and thority distributed to all States for the fis- ‘‘(6) PERIOD OF AVAILABILITY.—The full ‘‘(2) all or a portion of the costs to the Fed- cal year. amount of the line of credit, to the extent eral Government of servicing the Federal ‘‘(C) PURPOSE.—Funds distributed under not drawn upon, shall be available during the credit instruments. subparagraph (B) shall be available for any period beginning on the date of substantial ‘‘(c) SERVICER.— purpose described in section 133(c). completion of the project and ending not ‘‘(1) IN GENERAL.—The Secretary may ap- ‘‘(5) AVAILABILITY.—Amounts made avail- later than 10 years after that date. point a financial entity to assist the Sec- able to carry out this chapter shall remain ‘‘(7) RIGHTS OF THIRD-PARTY CREDITORS.— retary in servicing the Federal credit instru- available until expended. ‘‘(A) AGAINST FEDERAL GOVERNMENT.—A ments. ‘‘(6) ADMINISTRATIVE COSTS.—Of the third-party creditor of the obligor shall not ‘‘(2) DUTIES.—The servicer shall act as the amounts made available to carry out this have any right against the Federal Govern- agent for the Secretary. chapter, the Secretary may use not more ment with respect to any draw on the line of ‘‘(3) FEE.—The servicer shall receive a than 1 percent for each fiscal year for the ad- credit. servicing fee, subject to approval by the Sec- ministration of this chapter. ‘‘(B) ASSIGNMENT.—An obligor may assign retary. ‘‘(b) CONTRACT AUTHORITY.— the line of credit to 1 or more lenders or to ‘‘(d) ASSISTANCE FROM EXPERT FIRMS.—The ‘‘(1) IN GENERAL.—Notwithstanding any a trustee on the behalf of the lenders. Secretary may retain the services of expert other provision of law, execution of a term ‘‘(8) NONSUBORDINATION.— firms, including counsel, in the field of mu- sheet by the Secretary of a Federal credit in- ‘‘(A) IN GENERAL.—Except as provided in nicipal and project finance to assist in the strument that uses amounts made available subparagraphs (B) and (C), a direct loan underwriting and servicing of Federal credit under this chapter shall impose on the under this section shall not be subordinated instruments. United States a contractual obligation to fund the Federal credit investment. to the claims of any holder of project obliga- ‘‘§ 606. State and local permits tions in the event of bankruptcy, insolvency, ‘‘(2) AVAILABILITY.—Amounts made avail- ‘‘The provision of credit assistance under able to carry out this chapter for a fiscal or liquidation of the obligor. this chapter with respect to a project shall ‘‘(B) PRE-EXISTING INDENTURE.— year shall be available for obligation on Oc- not— tober 1 of the fiscal year. ‘‘(i) IN GENERAL.—The Secretary shall ‘‘(1) relieve any recipient of the assistance waive subparagraph (A) for public agency of any obligation to obtain any required ‘‘§ 609. Reports to Congress borrowers that are financing ongoing capital State or local permit or approval with re- ‘‘On June 1, 2012, and every 2 years there- programs and have outstanding senior bonds spect to the project; after, the Secretary shall submit to Congress under a pre-existing indenture, if— ‘‘(2) limit the right of any unit of State or a report summarizing the financial perform- ‘‘(I) the line of credit is rated in the A-cat- local government to approve or regulate any ance of the projects that are receiving, or egory or higher; rate of return on private equity invested in have received, assistance under this chapter ‘‘(II) the TIFIA program loan resulting the project; or (other than section 610), including a rec- from a draw on the line of credit is payable ‘‘(3) otherwise supersede any State or local ommendation as to whether the objectives of from pledged revenues not affected by law (including any regulation) applicable to this chapter (other than section 610) are best project performance, such as a tax-backed the construction or operation of the project. served— revenue pledge or a system-backed pledge of ‘‘(1) by continuing the program under the ‘‘§ 607. Regulations project revenues; and authority of the Secretary; ‘‘(III) the TIFIA program share of eligible ‘‘The Secretary may promulgate such reg- ‘‘(2) by establishing a Federal corporation project costs is 33 percent or less. ulations as the Secretary determines appro- or federally sponsored enterprise to admin- priate to carry out this chapter. ‘‘(ii) LIMITATION.—If the Secretary waives ister the program; or the nonsubordination requirement under this ‘‘§ 608. Funding ‘‘(3) by phasing out the program and rely- subparagraph— ‘‘(a) FUNDING.— ing on the capital markets to fund the types

VerDate Mar 15 2010 05:24 Jun 04, 2013 Jkt 099060 PO 00000 Frm 00089 Fmt 4624 Sfmt 0634 J:\CRONLINE\2000-THRU-2012-ONLINE-CORRECTIONS\2012 RECORD ONLINE CORREC bjneal on DSK2TWX8P1PROD with S484 CONGRESSIONAL RECORD — SENATE February 9, 2012 of infrastructure investments assisted by For purposes of which estimation, the Secretary limitation based on the calculation under this chapter (other than section 610) without shall assume that the obligation limitation on paragraph (1), the Secretary shall, on March Federal participation.’’. Federal-aid highways and highway safety con- 1 of such fiscal year, repeat the calculations SEC. 3003. STATE INFRASTRUCTURE BANKS. struction programs will be equal to the obliga- under subparagraphs (A) through (C) of such Section 610(d)(1)(A) of title 23, United tion limitations enacted for those fiscal years in paragraph. Based on the results of those cal- States Code, is amended by striking ‘‘sec- the MAP–21. culations, the Secretary shall— tions 104(b)(1)’’ and all that follows though ‘‘(B) Determine if the estimated balance of the ‘‘(I) if the Secretary determines that either the semicolon and inserting ‘‘paragraphs (1) Highway Trust Fund (other than the Mass of the conditions in paragraph (1)(B) would and (2) of section 104(b)’’. Transit Account) would fall below— occur, withdraw an additional amount of ob- ‘‘(i) $2,000,000,000 at the end of fiscal year ligation limitation necessary to prevent such TITLE IV—HIGHWAY SPENDING 2012; or occurrence; or CONTROLS ‘‘(ii) $1,000,000,000 at the end of fiscal year ‘‘(II) distribute as much of the withheld ob- SEC. 4001. HIGHWAY SPENDING CONTROLS. 2013. ligation limitation as may be distributed (a) IN GENERAL.—Title 23, United States ‘‘(C) If either of the conditions in subpara- without causing either of the conditions Code, is amended by adding at the end the graph (B) would occur, calculate the amount by specified in paragraph (1)(B) to occur. following: which the fiscal year 2012 obligation limitation ‘‘(ii) LAPSE.—Any obligation limitation must be reduced to prevent such occurrence. For CHAPTER 7—HIGHWAY SPENDING CONTROLS that is enacted for a fiscal year, withheld purposes of this calculation, the Secretary shall Sec. from distribution pursuant to paragraph assume that the obligation limitation on Fed- (1)(D) (or withdrawn under clause (i)(I)), and 701. Solvency of Highway Account of the eral-aid highways and highway safety construc- Highway Trust Fund. not subsequently distributed under clause tion programs for the fiscal year 2013 will be (i)(II) shall lapse immediately following the ‘‘SEC. 701. SOLVENCY OF HIGHWAY ACCOUNT OF equal to the obligation limitation for fiscal year distribution of obligation limitation under THE HIGHWAY TRUST FUND. 2012, as reduced pursuant to this subparagraph. such øparagraph¿ clause. ø‘‘(a) SOLVENCY CALCULATION FOR FISCAL ‘‘(D) Adjust the distribution of the fiscal year ‘‘(B) CONTRACT AUTHORITY.— YEAR 2012.—Not later than 60 days after the 2012 obligation limitation to reflect any reduc- ‘‘(i) IN GENERAL.—Upon the lapse of any ob- date of enactment of the MAP–21, the Sec- tion determined under subparagraph (C). ligation limitation under subparagraph ‘‘(2) LAPSE AND RESCISSION.— retary, in consultation with the Secretary of (A)(ii), an equal amount of the unobligated ‘‘(A) LAPSE OF OBLIGATION LIMITATION.—Any Treasury, shall— balances of funds apportioned among the ‘‘(1) estimate the balance of the Highway obligation limitation that is withdrawn by the Secretary pursuant to paragraph (1)(D) shall States under chapter 1 and sections 1116, Trust Fund (other than the Mass Transit Ac- 1303, and 1404 of the SAFETEA–LU (119 Stat. count) at the end of such fiscal year and the lapse immediately following the adjustment of obligation limitation under such paragraph. 1177, 1207, and 1228) are permanently re- end of the next fiscal year, for purposes of scinded. In administering the rescission re- which estimation the Secretary shall assume ‘‘(B) RESCISSION OF CONTRACT AUTHORITY.— Upon the lapse of any obligation limitation quired under this øsubparagraph¿ clause, the that the obligation limitation on Federal-aid Secretary shall allow each State to deter- highways and highway safety construction under subparagraph (A), the Secretary shall re- duce proportionately the amount authorized to mine the amount of the required rescission programs is equal to the obligation limita- to be drawn from the programs to which the tions enacted for those fiscal years in the be appropriated from the Highway Trust Fund (other than the Mass Transit Account) for fiscal rescission applies, except as provided in MAP–21; year 2012 to carry out each of the Federal-aid clause (ii). ‘‘(2) determine if the estimated balance of highway and highway safety construction pro- ‘‘(ii) RESCISSION OF FUNDS APPORTIONED IN the Highway Trust Fund (other than the grams (other than emergency relief and funds FISCAL YEAR 2013 AND FISCAL YEARS THERE- Mass Transit Account) would fall below— under the national highway performance pro- AFTER.—If a State determines that it will ‘‘(A) $2,000,000,000 at the end of the fiscal gram that are exempt from the fiscal year 2012 meet any of its required rescission amount year for which the obligation limitation is obligation limitation) by an aggregate amount from funds apportioned to such State on or being distributed; or equal to the amount of adjustment determined subsequent to October 1, 2012, the Secretary ‘‘(B) $1,000,000,000 at the end of the next fis- pursuant to paragraph (1)(D). The amounts shall determine the amount to be rescinded cal year; withdrawn pursuant to this subparagraph are from each of the programs subject to the re- ‘‘(3) if either of the conditions in paragraph permanently rescinded. scission for which the State was apportioned (1) would occur, calculate the amount by ‘‘(b) SOLVENCY CALCULATION FOR FISCAL funds on or subsequent to October 1, 2012, in which the obligation limitation in the fiscal YEAR 2013 AND FISCAL YEARS THEREAFTER.— proportion to the cumulative amount of ap- year for which the obligation limitation is ‘‘(1) ADJUSTMENT OF OBLIGATION LIMITA- portionments that the State received for being distributed must be reduced to prevent TION.—Except as provided in paragraph (2), in each such program on or subsequent to Octo- such occurrence, for purposes of which cal- distributing the obligation limitation on ber 1, 2012. culation the Secretary shall assume that the Federal-aid highways and highway safety ‘‘(3) OTHER ACTIONS TO PREVENT INSOL- obligation limitation on Federal-aid high- construction programs for fiscal year 2013 VENCY.—The Secretary shall issue a regula- ways and highway safety construction pro- and each fiscal year thereafter, the Sec- tion to establish any actions in addition to grams for the next fiscal year is equal to the retary shall— those described in subsection (a) and para- obligation limitation for the fiscal year for ‘‘(A) estimate the balance of the Highway graph (1) that may be taken by the Secretary which the limitation is being distributed as Trust Fund (other than the Mass Transit Ac- if it becomes apparent that the Highway reduced pursuant to this subparagraph; count) at the end of such fiscal year and the Trust Fund (other than the Mass Transit Ac- ‘‘(4) distribute such obligation limitation, end of the next fiscal year, for purposes of count) will become insolvent, including the less any amount determined under paragraph which estimation, the Secretary shall as- denial of further obligations. (3); sume that the obligation limitation on Fed- ‘‘(4) APPLICABLE ONLY TO FULL-YEAR LIMI- ‘‘(5) ensure that any obligation limitation eral-aid highways and highway safety con- TATION.—The requirements of paragraph (1) that is withheld from distribution pursuant struction programs for the next fiscal year is apply only to the distribution of a full-year to paragraph (3) shall lapse immediately fol- will be equal to the obligation limitation en- obligation limitation and do not apply to lowing the distribution of obligation limita- acted for the fiscal year for which the limita- partial-year limitations under continuing tion under paragraph (4); and tion is being distributed; appropriations Acts.’’. ‘‘(6) upon the lapse of any obligation limi- ‘‘(B) determine if the estimated balance of (b) TABLE OF CHAPTERS.—The table of tation under paragraph (5), reduce propor- the Highway Trust Fund (other than the chapters for title 23, United States Code, is tionately the amount of sums authorized to Mass Transit Account) would fall below— amended by inserting after the item relating be appropriated from the Highway Trust ‘‘(i) $2,000,000,000 at the end of the fiscal to chapter 6 the following: Fund (other than the Mass Transit Account) year for which the obligation limitation is ‘‘7. Highway Spending Controls ...... 701’’. for such fiscal year to carry out each of the being distributed; or Federal-aid highway and highway safety con- ‘‘(ii) $1,000,000,000 at the end of the next fis- The PRESIDING OFFICER. Under struction programs (other than emergency cal year; the previous order, the committee-re- relief) by an aggregate amount equal to the ‘‘(C) if either of the conditions in subpara- ported amendments are agreed to, and amount determined pursuant to such para- graph (B) would occur, calculate the amount the bill, as amended, will be considered graph. The amounts withheld pursuant to by which the obligation limitation in the fis- original text for purposes of further this paragraph are permanently rescinded.¿ cal year for which the obligation limitation amendment. ‘‘(a) SOLVENCY CALCULATION FOR FISCAL is being distributed must be reduced to pre- AMENDMENT NO. 1515 YEAR 2012.— vent such occurrence; and Mr. REID. On behalf of Senators ‘‘(1) ADJUSTMENT OF OBLIGATION LIMITA- ‘‘(D) distribute such obligation limitation JOHNSON and SHELBY, the chairman and TION.—Not later than 60 days after the date of less any amount determined under subpara- enactment of the MAP–21, the Secretary, in con- graph (C). ranking member of the Banking Com- sultation with the Secretary of Treasury, shall: ‘‘(2) LAPSE AND RESCISSION.— mittee, I send an amendment to the ‘‘(A) Estimate the balance of the Highway ‘‘(A) OBLIGATION LIMITATION.— desk. Trust Fund (other than the Mass Transit Ac- ‘‘(i) RECALCULATION.—In a fiscal year in The PRESIDING OFFICER. The count) at the end of fiscal years 2012 and 2013. which the Secretary withholds obligation clerk will report.

VerDate Mar 15 2010 05:24 Jun 04, 2013 Jkt 099060 PO 00000 Frm 00090 Fmt 4624 Sfmt 0634 J:\CRONLINE\2000-THRU-2012-ONLINE-CORRECTIONS\2012 RECORD ONLINE CORREC bjneal on DSK2TWX8P1PROD with February 9, 2012 CONGRESSIONAL RECORD — SENATE S485 The bill clerk read as follows: press their support for it, regardless of can come and talk about the Constitu- The Senator from Nevada [Mr. REID], for the ultimate outcome. tion, the first amendment—I have Mr. JOHNSON and Mr. SHELBY, proposes an I yield the floor. never seen anything like this before, amendment numbered 1515. The PRESIDING OFFICER. The ma- but I have never seen anything like Mr. REID. Mr. President, I ask unan- jority leader is recognized. this before, either. There is no final imous consent that the reading of the f rule. Why don’t we calm down and see what the final rule is. amendment be dispensed with. MAP–21 The PRESIDING OFFICER. Without The PRESIDING OFFICER. The Sen- objection, it is so ordered. Mr. REID. Mr. President, I appreciate ator from Missouri. Mr. BLUNT. Mr. President, I am, of (The amendment is printed in today’s the comments of my distinguished Re- publican colleague. The Senate just course disappointed not being able to RECORD under ‘‘Text of Amendments.’’) voted 85 to 11 to invoke cloture on a offer this amendment today, but it is f motion to proceed to the surface trans- an amendment we talked about for MORNING BUSINESS portation bill, a bipartisan bill the some time. It was a bipartisan amend- sponsors of which, Senator BOXER and ment. It was a bipartisan piece of legis- The PRESIDING OFFICER. Under Senator INHOFE—an unlikely pair— lation. Senator NELSON from Nebraska the previous order, the Senate will pro- have joined together to move forward and I wish to offer it and wish to offer ceed to a period of morning business, on, a piece of legislation that is ex- it as soon as possible. with Senators permitted to speak tremely important to this country, a I have the highest regard for both of therein for up to 10 minutes each. bill that will save or create 2 million our leaders, both the majority leader The Senator from Missouri. jobs. and minority leader, and understand f There are four parts of this bill with- they have a job to do, but this highway bill is clearly going to take some time. AMENDMENT NO. 1520 in the jurisdiction of four Senate com- mittees. The Environment and Public This is a 4-page amendment that I Mr. BLUNT. Mr. President, I ask Works Committee is what we are on would be glad to see voted on on Mon- unanimous consent that it be in order now. I have sought to amend that with day. It has been widely studied all at this time to offer amendment No. a provision that is coming from the week, this week. I would have been 1520 to the underlying bill, S. 1813. Banking Committee. We have one com- glad to see it voted on when I filed the The PRESIDING OFFICER. Is there ing from the Finance Committee—that bill in August. There was not a rule objection? has been approved on a bipartisan then either, but both Mr. NELSON and I, The Senator from Nevada. basis, and we will move after we do Senator RUBIO, Senator AYOTTE, and Mr. REID. Mr. President, I, of course, those two to the Commerce section. We others were anticipating that we were going to begin to see exactly the kinds reserve the right to object and do ob- have not dealt with the Finance Com- of things this discussion this week has ject. mittee provision or the Commerce The PRESIDING OFFICER. Objec- brought about. Committee. This is about the first amendment. It tion is heard. I appreciate that the Republicans is about religious beliefs. It is not The PRESIDING OFFICER. The Re- never lose an opportunity to mess up a publican leader is recognized. about any one issue. In fact, this good piece of legislation. We have had amendment specifically does not men- f that happen now for the last 3 years. tion a specific issue. It refers to the We saw it in spades last year. Here is a RELIGIOUS LIBERTY issue of conscience. In the amendment bipartisan bill to create and save jobs. itself the reference is made to the let- Mr. MCCONNELL. Mr. President, our No one disputes the importance of this ter that in 1809 Thomas Jefferson sent country is unique in the world because legislation. Every State in the Union is to the New London Methodist, where it was established on the basis of an desperate for these dollars. We are not he says: of all the principles in the idea, an idea that we were all endowed borrowing money to do it; it is all paid Constitution, the one that we perhaps by our Creator with certain un- for. Whether it is the State of West hold most dear, if I could paraphrase it alienable rights—in other words, rights Virginia, the State of Missouri, or the a little bit, is the right of conscience that were conferred not by a king or a State of Nevada, all the departments of and that no government should be able President or a Congress, but by the transportation are waiting to find out to come in and impose itself between Creator himself. The State protects what is going to happen at the end of the people and their faith-based prin- these rights but it does not grant them. March. That is fast approaching. We ciples. What the State does not grant the need to get this done. In health care we have never had this State cannot take away. That is what Then I hope we can deal with other before. Why didn’t we need this amend- this week’s debate on a particularly matters and not get bogged down on ment or why didn’t we need the bill odious outcome from the President’s this legislation. Let’s do the Banking that was filed in August 5 years ago or health care law has been about. part of this bill. Let’s do the Finance 1 year ago or 2 years ago or 3 years Our Founders believed so strongly part of this bill. Let’s do the Commerce ago? Because only with the passage of that the government should neither es- part of this bill. the Affordable Health Care Act did we tablish a religion nor prevent its free But to show how the Republicans have the government in a position, for exercise that they listed it as the very never lose an opportunity to mess up a the first time ever, to begin to give first item in the Bill of Rights, and Re- good piece of legislation, listen to this: specific mandates to health care pro- publicans are trying today to reaffirm They are talking about first amend- viders. that basic right. But apparently our ment rights, the Constitution. I appre- This bill would simply say those friends on the other side do not want to ciate that. But that is so senseless. health care providers do not have to have this amendment or debate. They This debate that is going on dealing follow that mandate if it violates their will not allow those of us who were with this issue, dealing with contracep- faith principles, faith principles that sworn to uphold the U.S. Constitution tion, is a rule that has not been made are part of a health care delivery sys- to even offer an amendment that says final yet. There is no final rule. Let’s tem. That could be through any num- we believe in our first amendment wait until there is at least a rule we ber of different faith groups, and I have right to religious freedom. can talk about. There is not a final talked to a lot of them. Frankly, some Frankly, this is a day I was not in- rule. That is all you read about in the of those faith group views of health clined to think I would ever see. I have newspapers, why there are discussions care do not agree with my views or my spent a lot of time in my life defending going on as we speak. There is not a faith’s views of health care. But that is the first amendment but I never rule. Everybody should calm down. not the point here. This is not about thought I would see the day when the Let’s see what transpires. whether I agree with what that faith elected representatives of the people of Until there is a final rule on this, group wants to do. It is whether they this country would be blocked by a ma- let’s deal with the issue before us. That are allowed to do it; whether the rep- jority party in Congress to even ex- is saving jobs for our country. People resentative of that view of health care

VerDate Mar 15 2010 05:24 Jun 04, 2013 Jkt 099060 PO 00000 Frm 00091 Fmt 4624 Sfmt 0634 J:\CRONLINE\2000-THRU-2012-ONLINE-CORRECTIONS\2012 RECORD ONLINE CORREC bjneal on DSK2TWX8P1PROD with S486 CONGRESSIONAL RECORD — SENATE February 9, 2012 and how it affects people is able to say United States could express its view. I This is an issue many people in the to their government: No, this is some- believe that view would be one sup- country feel strongly about, many peo- thing that is protected by the Con- portive of institutions of faith. ple in the Senate, both Democrats and stitution. It is protected by the first By the way, also, the administration Republicans, feel strongly about. We amendment. You cannot require me to saying we gave an exemption for the can let this go on and create the anx- provide a service—through a faith- church itself—No. 1, I do not know how iety it creates for the faith community based institution—that I do not agree long that exemption would last. And, or we can bring this amendment up, de- with or you cannot require me as a No. 2, I think that shows a lack of un- bate it—and, frankly, I think it is pret- health care provider to provide a serv- derstanding of the work of the church ty well understood—debate it, vote on ice that I do not agree with because of or the work of the synagogue or the it, and let the country know that we my faith. work of the mosque or the work of peo- still support the Constitution of the It doesn’t mean you cannot get it ple of coming together. If the only United States. somewhere else if it is something that thing that matters in their work is While I am disappointed I did not get can legally be done. It just means peo- what happens within the four walls of to offer this amendment today, I will ple of faith or institutions of faith do the church or whoever works in the be back and I am going to do my best not have to do it. That is why in al- four walls of the church every day, to get this amendment offered at the most every Catholic church in Amer- these institutions are not what I be- earliest possible time, and I would be ica, the last two weekends, a letter has lieve they are. glad to see the Senate join me, and the been read from the bishop or the arch- The great schools, the great hos- majority join me, in saying let’s get bishop that said this is unacceptable, it pitals, the great community-providing this important issue off the minds of should not be complied with. institutions of America have, so many the American people and let them That is why the Chaplain to the of them for so long, been based on faith know the Constitution still matters Army, the Chief Archbishop to the principles. This amendment would say and religious liberty is still the first Army, Bishop Broglio, sent out a letter for health care, those faith principles amendment to the Constitution in the to be read at Catholic mass at Army would still be the overriding principle. United States. posts all over the country. Initially For health care, if someone does not I yield the floor. that letter was not going to be read be- agree with the direction of the govern- The PRESIDING OFFICER. The Sen- cause it did not agree with the tenets ment, they do not have to perform that ator from Wyoming. (The remarks of Mr. ENZI pertaining the government was pursuing at the service. They do not have to provide to the introduction of S. 2091 are print- time—which is the violation that peo- that specific kind of insurance to their ed in today’s RECORD under ‘‘State- ple would see most offensive, I think, employees. ments on Introduced Bills and Joint that the government would actually Remember, the underlying bill here, Resolutions.’’) begin to say to people of faith you can- the underlying rule that has been an- nounced, even though it may not have Mr. ENZI. I yield the floor. not even talk about it. You cannot The PRESIDING OFFICER. The Sen- been officially issued, is one that talks even have that letter read on a mili- ator from Iowa. tary post, from the person who is re- about people who have chosen to go to f sponsible to the chaplains and the work for, to get a paycheck for, to Catholic chaplains in the military. work at the direction of a faith-based STOCK ACT AMENDMENT Maybe it is a faith view of how to de- community. Then to tell that commu- Mr. GRASSLEY. Mr. President, 1 liver health care that somebody in the nity what your insurance has to look week ago we passed a very important Christian Science community has or like—that is just one of the many good government bill, the one that somebody in the Seventh Day Advent- steps. If the government can do that, would make sure Members of Congress ist community has or the Southern what can’t the government do? If the cannot benefit from insider trading in- Baptist community or whatever that government can do that, where does formation. I added to that an amend- might be. The specific thing is not the the government stop? If the govern- ment that I think is a good govern- issue here. The issue here is can gov- ment can do that—when you say this is ment amendment. It calls for people ernment require a faith-based institu- something I don’t believe in so I don’t who are involved in political intel- tion to go beyond the tenets of its want to be part of this particular ligence gathering—we don’t hear much faith. health care issue, this health care mo- about that profession, but it is quite a I know the Democratic leader, the ment, this health care episode—what- business. I asked that they be reg- majority leader, said there is not even ever you want to call it, you say, oh, istered just like lobbyists are reg- a rule yet. The White House said—the well, you have to do it because the gov- istered, and I would like to speak to administration said there would be a ernment says you have to do it and the the point of why that is very important rule. And to make it even more offen- first amendment does not matter, the and why it is important to bring it to sive, they said: And, by the way, here is protection of conscience doesn’t mat- the Senate’s attention, even though it what the rule is going to be and we are ter, the Jefferson letter to New London passed by a vote of 60 to 39 just a few going to give you a year to figure out Methodist doesn’t matter. days ago. how to adjust your views to accommo- Until the enactment of the Patient In the dark of night on Tuesday of date the rule. Protection and Affordable Care Act, this week, the House released its I would have been less offended if this was never an issue and nothing version of the insider trading bill that they said here is the rule and we under- would happen if this amendment was goes by the acronym STOCK, which stand it is in violation of your views approved and became the law of the wiped out any chance of meaningful but here is what is going to be the rule land. Nothing would be different to- transparency for the political intel- and you will have to comply with it. morrow than it was a year ago, because ligence industry. Think about the The idea they could change your views, a year ago people were not doing this. chutzpah of the people in the House of your religious views, your religious be- Five years ago nobody would have even Representatives—a small group of peo- liefs, in a year or a lifetime because thought it was possible, that the Fed- ple—taking out the language I put in some Federal regulator says you need eral Government would tell a faith- that bill when similar language is co- to is unbelievably offensive in our based hospital what their insurance sponsored by 288 Members of the House country based on the principles that we plan exactly had to look like, the plan of Representatives, but it happened. So hold most dear in the Constitution that they offered their employees or that bill is coming back without the itself. would tell faith-based health care pro- Grassley amendment on it, and we need So this amendment, which is bipar- viders what they could do and what to think about what we are going to do tisan in nature and I think easily un- they could not do or would say if you if we believe in good government, and derstood because it is so fundamental are not going to do everything the gov- if we believe there ought to be more to who we are, is an amendment that ernment will pay for, we will not pay transparency in government. could be quickly debated, it could be you to do anything the government What we are faced with is a powerful quickly voted on. The Senate of the pays for. industry that works in the shadows—

VerDate Mar 15 2010 05:24 Jun 04, 2013 Jkt 099060 PO 00000 Frm 00092 Fmt 4624 Sfmt 0634 J:\CRONLINE\2000-THRU-2012-ONLINE-CORRECTIONS\2012 RECORD ONLINE CORREC bjneal on DSK2TWX8P1PROD with February 9, 2012 CONGRESSIONAL RECORD — SENATE S487 economic espionage. They don’t want said if they are required to register, floor of the Senate, we might not get 60 people to know what they do or whom they will no longer be able to sell infor- votes again. So I worry we will miss they work for. They are basically mation to their clients because people the best opportunity we have had for afraid of sunlight, I would guess. My will not want to hire them. That openness and transparency in years. amendment was adopted in the Senate makes me wonder, what do they have I yield the floor. on a very bipartisan basis, kind of a to hide? The PRESIDING OFFICER. The Sen- rare occurrence today. It simply re- Second, they have said many of them ator from Oregon. quires registration for lobbyists who have large numbers of clients, and it Mr. WYDEN. I thank the Chair. seek information from Congress in would take them a lot of time to reg- (The remarks of Mr. WYDEN per- order to trade on that information. ister these large numbers of secret cli- taining to the introduction of S. 2098 So isn’t it very straightforward if ents. Again, that makes me think we are printed in today’s RECORD under trades are taking place based upon ‘‘po- actually need more transparency to ‘‘Statements on Introduced Bills and litical intelligence’’—that is their find out who are all of these people Joint Resolutions.’’) word, ‘‘economic espionage’’ is my buying intelligence information. Mr. WYDEN. Mr. President, I yield word—obtained from Congress or the Third, they have claimed it would the floor. executive branch, people in this coun- not address the so-called ‘‘20-percent The PRESIDING OFFICER (Mr. try should know who is gathering such loophole’’ that allows people who spend FRANKEN). The Senator from Min- information. Not requiring political in- less than 20 percent of their time lob- nesota. telligence professionals to register and bying from having to register under ex- f isting laws as lobbyists. Not too many disclose their contacts with govern- NEW ENERGY AGENDA ment officials is a very gaping loophole people know of that 20-percent loop- that my amendment fixes. In fact, po- hole, but that is a pretty big loophole. Ms. KLOBUCHAR. Mr. President, I litical intelligence firms actually brag A person can lobby, but they don’t am on the floor today to discuss some- about this loophole, and I will give an have to register if they don’t spend thing that has been a top priority for example about that bragging. This is more than 20 percent of their time on me in the Senate; that is, the critical on the Web site of an organization it. Well, on this issue I have some good need to get serious about building a called the Open Source Intelligence news for these people. We don’t make new energy agenda for America, one Group, a political intelligence firm: the mistake that caused the 20-percent that keeps our businesses competitive Our political intelligence operation differs loophole. My amendment requires any- in the global economy, preserves the from standard ‘lobbying’ in that the OSINT one who makes a political intelligence integrity of our environment, and re- Group is not looking to influence legislation contact to have to register. No loop- starts the engine that has always kept on behalf of clients, but rather provide holes, no deals, no special treatment, our country moving forward—and that unique ‘monitoring’ of information through just everyone registers. is innovation. I am specifically focused our personal relationships between law- Finally, I just want to assure people, on the energy tax extenders, those that makers, staffers, and lobbyists. are so necessary for us to keep going in Providing this service for clients who do particularly journalists, that they not want their interest in an issue publicly would not have to register. Now, that the area of homegrown and renewable known is an activity that does not need to be information has been floating around, energy. reported under the Lobbying Disclosure Act, and it has been floating around that We all know there is no single solu- thus providing an additional layer of con- some constituents looking for informa- tion for getting us there. What we need fidentially for our clients. tion in order to make a business deci- is not a silver bullet; we need a silver This service is ideal for companies seeking sion might have to register. Not so. buckshot, as we like to say in Min- competitive advantage by allowing a client’s nesota. interest to remain confidential . . . Only political intelligence brokers, I have talked about the need with Think about the words ‘‘personal re- people who seek information so others can trade securities, would have to reg- many of my colleagues to continue de- lationships,’’ ‘‘confidentiality.’’ Basi- veloping alternative resources such as cally, what they are saying is do all ister. As I said before, if people want to hydro, geothermal, biofuels, solar, this under the radar. wind, and we have also talked about I wish to go back, if you didn’t hear trade stocks from what we do in Con- how we need to continue to develop ex- it the first time, let me repeat some of gress, we should know who they are. isting technologies such as domestic this for you, a much shorter quote: After all, the basic underlying piece of legislation prohibits Members of Con- oil and gas production while enforcing Providing this service for clients who do appropriate safeguards. This is the not want their interests in an issue publicly gress from having insider trading infor- known is an activity that does not need to be mation and profiting from it. We ought very ‘‘all-of-the-above’’ approach we reported under the Lobbying Disclosure Act, to know with whom we are dealing. need to take in order to keep all op- thus providing an additional layer of con- The American people deserve a little tions on the table. fidentiality for our clients. sunshine from this industry and on this This means exploring some of the We have it here on paper, and I just industry. new proposals we have seen with prom- read it to you. This firm—probably one Last night, the House turned away ising technologies such as the smart of many firms; I don’t know how many from transparency. They supported the grid. But it also means extending the firms are doing this—is telling poten- status quo. What we need is a full and critical tax incentives that have been tial clients: If you don’t want anybody open conference process so we can take so important in advancing the develop- to know what you are asking of Fed- up this very important issue once ment of the next generation of biofuels eral officials, hire us. That is wrong, again that the House believes was and the next generation of renewable but that is why firms such as this don’t somehow not very important, even energy. That is why I have pushed to want to register. If someone on Wall though 288 Members of the House of ensure that we have the right policies Street is trying to make money off Representatives—that is two-thirds of in place for encouraging clean energy conversations they had with Senators the House of Representatives—have innovation, including the biodiesel tax or staff, we should know who they are. signed on to this principle that these credit which supports over 31,000 jobs It is that plain and simple. people ought to register. We can take and has allowed domestic production to Since the passage of my amendment, that up then in conference, both the more than double since 2011. It means which would require political intel- House and Senate, working together. the production tax credit, which made ligence lobbyists to register as lobby- Is every word in this bill the way it it possible for wind power to represent ists, I have heard a great deal of ‘‘con- ought to be? If somebody wants to over one-third of all new electricity cern’’ from the lobbying community. point out some things that ought to be generation capacity in the United Political intelligence professionals changed, I am open to that. But don’t States last year. have claimed they should do their busi- forget, 288 people in the House have Think of that figure. Think of the ness in secret for several reasons. signed on. It can’t be too bad. strides we have made and where we can Now, this is the explanation of why So if we don’t get to conference or if go in the future. The advanced energy they need secrecy. First, they have we have to debate this again on the manufacturing tax credit has leveraged

VerDate Mar 15 2010 05:24 Jun 04, 2013 Jkt 099060 PO 00000 Frm 00093 Fmt 4624 Sfmt 0634 J:\CRONLINE\2000-THRU-2012-ONLINE-CORRECTIONS\2012 RECORD ONLINE CORREC bjneal on DSK2TWX8P1PROD with S488 CONGRESSIONAL RECORD — SENATE February 9, 2012 $5.4 billion in private investment, first time that public companies should Then there is Pentair, a Minneapolis- boosting growth and creating new U.S. add climate change to the list of pos- based water solutions company that manufacturing jobs by producing com- sible financial or legal impacts that has donated a custom-designed Rain ponents and equipment for the bur- they actually disclose to investors. Water Recycling System to the new geoning global renewable energy indus- The Bureau of Economic Analysis, at and great Target baseball field. That try. the Department of Commerce, esti- technology will capture, conserve, and Extending these critical tax credits mates that at least one-third of the reuse rainwater, saving the ballpark will help strengthen our country’s U.S. gross domestic product is weather more than 2 million gallons of water clean energy businesses so they can and climate sensitive, with a potential each year. continue to grow and thrive. But they economic impact of $4 trillion a year. In one of General Mills’ manufac- are just one part of the equation. Much of that impact would be wrung turing plants, they have developed Again, there is no silver bullet solution out of our farm communities and from their own innovative way to reuse to our Nation’s energy challenges, and States with large rural populations, water—diverting it to the local munic- that is why we need to be willing to such as my own. Any farmer will tell ipal golf course to water the grass. come together to hammer out a com- you a change in weather can mean the These are just a few examples of Min- prehensive strategy for moving for- difference between a bumper crop and a nesota’s commitment to energy inno- ward. We cannot afford to keep our complete disaster—regardless of how vation. There are countless stories out heads buried in the sand. We cannot af- hard that farmer works. So it goes there, but it is not just a Minnesota ford to let yet another golden oppor- without saying that any kind of sig- story, it is an American story. tunity pass us by. Sadly, too many nificant swing in climate—paired with I would note that the renewable en- have already come and gone. increasingly unpredictable rainfall— ergy standard in Minnesota—25 by 25— Over the years, I believe there have could pose a problem to Americans who is one of the most aggressive in the been—especially in this last decade— make their living off the land. country—30 percent for Xcel—and yet several moments when we could have In 2008, Minnesota’s farms, forests, our unemployment rate is so much bet- acted but didn’t when we had the full and ranches produced $18 billion in ter than the rest of the country. The quest to develop clean, sustain- support of the American people who goods and exported close to one-third able, homegrown energy is not specific had wanted a new direction in energy of that. This is a sector that is criti- to just one part of the country or, for policy. The first was immediately after cally important to our economy, and that matter, just one political party. 9/11 when President Bush—if he had we cannot afford for it to be jeopard- made a new energy policy one of the Our renewable energy standard was ac- ized. We also cannot afford the rising challenges to the country in addition tually nearly unanimously adopted by costs of fire management, as forest to invading Afghanistan and combating the legislature—Democrats and Repub- fires have become increasingly intense terrorism, I believe we could have licans—and signed into law by a Repub- in recent years. lican Governor, Governor Pawlenty. moved forward. But that didn’t happen, The current path is not sustainable. and there is no need to dwell on it This is an issue I believe can and That is why I am on the floor, in the today. should unite us, and it is a way to ad- hope that we can spark a meaningful The second moment was before the dress these concerns because it builds a arrival of the Presiding Officer in the conversation, but, most specifically, coalition across a broad spectrum; that Congress, and that was in the summer that we look at extending those energy is, energy policy. It saves money. It is of 2008 when we did take action to raise tax credits. better for the environment. It is cer- I believe we can take a page from our gas mileage and energy-efficiency tainly better for our national security, State, the State of Minnesota. standards—something I like to call producing our own homegrown energy. My home State is proof that policies building a bridge to the next century— In the past, Democrats and Repub- promoting homegrown energy can also but we didn’t make the kind of com- licans have managed to come together promote business growth and job cre- prehensive progress on a comprehen- to confront tough challenges—from the ation. The unemployment rate in the sive energy plan that we should have Civil Rights Act in the 1960s, to keep- State of Minnesota is 5.7 percent—well made. ing Social Security solvent in the The third moment was when Presi- below the national average—and part 1980s, to welfare reform in the 1990s. dent Obama first came into office. At of that is thanks to our energy poli- But perhaps the most fitting exam- that time, I advocated for a clean en- cies. In fact, a recent report by the Pew ple, in the context of combating cli- ergy standard that I believe could have Charitable Trust showed that in the mate change, is the Clean Air Act. As passed in the first 6 months. It could last decade Minnesota jobs in this sec- the Presiding Officer knows, that land- have been combined with some of the tor grew by 11.9 percent, compared to mark bill took the first steps to ad- other comprehensive things we were 1.9 percent for jobs overall. dress acid rain and expanded efforts to talking about. We had a bipartisan As I travel around the State, I can control toxic air pollutants. group going at the time, a group of 14 see the progress that has been made. I When the bill passed in the 1990s, it of us. But, instead, a decision was made think of places I have visited, such as had strong bipartisan support from to focus on cap and trade later, instead Sebeka, MN, where a small telephone Democrats and Republicans alike. It is of starting with that clean energy company felt their customers who were worth mentioning that all 10 Members standard and building from that. in extremely rural areas needed backup of the Minnesota delegation at the Those were missed opportunities, a power supplies. So what did they do? time, which included 5 Democrats and 5 chain of missed opportunities. But They found a way to combine wind tur- Republicans—that was our Federal del- until we get serious about building a bines and solar panels so their cus- egation—supported the bill, including newer energy agenda for America, we tomers could actually purchase backup Republican Senator Dave Durenberger, are going to continue to struggle with power. They did it themselves, and who was among its chief authors and the consequences which have created a they sold it to their customers. staunchest supporters. vicious cycle of economic and environ- It was very popular, and at one point Since then, the Clean Air Act has mental costs, not least of all those an 80-year-old man came to see them, helped prevent more than 18 million caused by climate change. and he said: I would like to purchase child respiratory illnesses and 300,000 Climate change, as the Presiding Of- more. I want to do my whole house in premature deaths. ficer knows, is not just about melting solar. The telephone company said: Sir, Policies to protect our rivers, lakes, glaciers and rising ocean levels. Shift- you can do that, but it will take you and streams have also had a positive ing global trends have the potential to about 10 years to get your investment impact on people’s health. wreak intense havoc on local econo- back, but it is going to be worth it. Do Coming from the ‘‘Land of 10,000 mies, particularly those anchored in you mind if we ask how old you are? Lakes,’’ I have a unique appreciation agricultural. The facts stand for them- The man said: I am 80 years old but I for the importance of clean water. It is selves. want to go green. the resource that sustains our lakes In January 2010, the U.S. Securities That is one of those true stories from and rivers, that provides critical habi- and Exchange Commission said for the the State of Minnesota. tat to countless fish and millions of

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But rights, Governments are instituted among to our economy. the finish line will not be Neil Arm- Men, deriving their just powers from the Every year, nearly 2 million people strong placing a flag on the Moon. It consent of the governed. fish our lakes and our streams, and will be building the next generation of So that was a foundational principle close to 700,000 people hunt our fields energy-efficient windows, and doing it of our democracy, and it was en- and forests. in northern Minnesota instead of in shrined, when they wrote the Constitu- Nationwide, the hunting and fishing China, or an electric car battery fac- tion, in the first amendment of the Bill industry is valued at $95.5 billion a tory in Memphis, TN, instead of of Rights, when they said: year, and it brings in $14 billion in rev- Mumbai, India, or a wind turbine man- Congress shall make no law respecting an enue. Clean water is a fundamental pil- ufacturer in San Jose, CA, instead of establishment of religion, or prohibiting the lar in supporting this economic sector Sao Paulo, Brazil. free exercise thereof. . . . and protecting people against dan- This is my vision for an energy It was the very first right they en- gerous toxins such as mercury. America that is energy independent, a shrined in the Bill of Rights in the Minnesota has passed some of the stronger, more innovative America. I Constitution of the United States. most stringent mercury rules in the know you all want to same thing. That That was the weight they attached to country. In 2006, our State legislature is why I am here on the floor today, be- the important issue of religious lib- passed laws requiring our largest pow- cause I know we cannot continue to get erty, and it was consistent with the erplants to cut mercury emissions 90 by with piecemeal energy policy. We statement in the Declaration of Inde- percent by 2015. The Federal Govern- cannot play red light-green light with pendence, where it says that those ment is finally catching up and will our tax incentives as we are doing this rights are endowed by our Creator. publish a requirement in coming days year, and that is why we have to put They are not given to us by a State. to make similar reductions by 2016. them in place again. They are not given to us by govern- Yet despite everything we have done What we need now is a comprehen- ment. They are something that is en- to combat mercury pollution, we are sive national blueprint for energy pol- dowed by our Creator. The government still grappling with its consequences. A icy, a solution that will serve the in- is here to protect those rights. recent analysis of 25 years of data has tegrity of our air, of our water and nat- So when this issue popped up on found an unexpected rise in average ural resources, that gives businesses many people’s radar screen—and, of mercury levels in northern pike and the incentives to research and develop course, it has been percolating out walleye from Minnesota lakes. After new sources of energy that invest in there for quite a while, but there had declining by 37 percent from 1982 to the next generation of American inno- been an opportunity to weigh in and to 1992, average mercury concentrations vation. provide comments, with the hope that in these fish began to increase in the That is our challenge. It is not going the Department of Health and Human mid 1990s. to happen overnight, but I believe we Services would come to the right con- During the last decade of that period, will get it done. We have before; we clusion and exempt religious-affiliated 1996 to 2006, average mercury con- will do it again. One way to start is to schools, hospitals, and charities—when centrations increased 15 percent. These make sure we extend these energy tax that was not going to be the case and numbers make one of the clearest pos- credits. they were going to require these very sible arguments for supporting Federal I yield the floor. organizations to do something that protection, because we all have a stake The PRESIDING OFFICER. The Sen- violated their consciences and violated in protecting the health of our fish and ator from South Dakota. the teachings and the practices of their wildlife, and we cannot do that if we f faith, many people across this coun- cannot keep dangerous toxins out of try—we have all heard from them—got our air and water supply. RELIGIOUS LIBERTY very engaged on this issue. This is important to our economy, Mr. THUNE. Mr. President, there is It seems to me, at least, there is a but it is also important to maintaining an old political axiom that is attrib- very simple answer to this; that is, the a certain way of American life, a way uted to Thomas Jefferson, more re- administration could go back and re- of life that many of us grew up with cently to Gerald Ford, that says: A visit this issue and more broadly make that we ought to be able to pass on to government that is big enough to give this exemption not just for churches— future generations. I grew up in a fam- you everything you want is also big which is where it is today—but also for ily that valued the outdoors. I was 18 enough to take it all away. church schools, church hospitals, years old before I took any vacation Those words took on a whole new church universities. that did not involve a tent or a camper meaning this last week when we found It was interesting, Tuesday morning in one way or another. out the Secretary of the Health and the minority leader in the Senate, Sen- This did not just start with my par- Human Services Department, Kathleen ator MCCONNELL, was out here talking ents. My grandpa was an avid hunter Sebelius, was issuing new regulations about this issue, and he mentioned: and fisherman. He worked 1,500 feet un- with regard to the health care act that derground in the mines in Ely, MN. One out of six patients in America is treat- passed last year that would apply to re- ed at a Catholic hospital. Catholic Charities You can imagine why for him hunting ligious-affiliated universities, char- is the largest private provider of social serv- was his way of life. This was his way ities, and hospitals. ices to poor children, families, and individ- out. When he got above ground from I think we have to remember exactly uals in America. The Catholic Church runs those mines, it was something he loved why it was that many of our fore- the largest network of private schools in the to do. I want future generations of fathers came to this country in the country. Minnesotans to be able to enjoy these first place. They came, in many cases, He goes on to say: same pastimes. I want them to be able because they were trying to get away These institutions have thrived because to fish in clean water, to hunt in abun- from religious persecution in their they have been allowed to freely pursue their dant forests, and to camp out in our homelands. So they came to the United religious convictions in a country that, until beautiful wilderness. But I also want States with the desire to start anew now, respected their constitutional right to them to know the same America we and to assert that in this new govern- do so. know, an America that is innovative, ment they formed that they would pro- He went on to say in that statement: that is forward thinking, that is will- tect freedoms, basic freedoms, such as If the rights of some are not protected, the ing to come together and hammer out religious liberty. rights of all are in danger. hard-won solutions to tough chal- So in the Declaration of Independ- I think what has many of the church- lenges. ence they said: es across this country and many of the

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I would submit to you that asking overall success and prosperity of fam- I yield the floor. people in this country to check their ily farms and ranches. principles at the door not now but a The Department of Labor’s proposal f year from now is not making any kind right now would restrict young people of an accommodation. from working at elevations that are ADDITIONAL STATEMENTS This needs to be reversed. This is more than 6 feet, from working with clearly a violation of religious liberty, farm animals that are more than 6 the protection and right we have in the months old, from working around grain first amendment of our Constitution in elevators or stockyards or operating OBSERVING NATIONAL our Bill of Rights, and I hope the ad- certain kinds of equipment, many INVENTORS’ DAY ministration will do the right thing pieces of equipment, types of equip- ∑ Mr. BEGICH. Mr. President, today I and acknowledge that they have made ment that are fairly standard on a would like to focus attention on inven- a mistake, that they have gone too far, farming operation. It strikes at the tors. Senate Joint Resolution 140, Pub- that they have overreached, that they very heart of what makes a family lic Law 97–198, designated February 11, have treaded in an area they should farm and ranch operation tick. It is an the anniversary of the birth of the in- not tread and make this right. The way assault on the heartland of this coun- ventor Thomas Alva Edison, as Na- to make this right is to reverse this de- try and the culture and values that tional Inventors’ Day. cision. have helped shape it and make it great. Some have argued: What is that So this issue of regulatory overreach Each year we recognize the contribu- going to mean? Does that mean people and big government is an issue that I tions of those who use their imagina- in this country are not going to have think is symbolized by this current de- tion and skills to conceive, create, con- access to contraceptive services? The bate. What we are having is a debate coct, discover, devise, and formulate answer to that is absolutely not. Con- about the reach of government to new devices, machines, and processes traception would be widely available. where they can start coming up with in order to receive patents, trade- It is just that religious-affiliated em- regulations under the new health care marks, and copyrights. ployers would not be forced to fund law that clearly violate the religious Inventors play an enormously impor- this coverage which violates the ten- liberty protections that are afforded tant role in promoting progress in ants of their faith. It does not have for people in this country under the every aspect of our lives. Invention and anything to do with contraception. It first amendment and which I think our innovation are basic to the techno- does not have anything to do with that Founders, if they were around today, logical and manufacturing strength of issue at all. What it has to do with is would find incredibly offensive. the United States and our economic, the issue of religious liberty and This is an affront, an assault on these environmental, and social well-being. whether we are going to respect that or very liberties. It is an assault on our The Constitution specifically pro- are we going to allow that to be eroded, Bill of Rights, our Constitution. It is vides for the granting of exclusive and who knows where this goes next. something the administration should rights to inventors for their discov- The other point I would make is, this walk back from and make right. They eries. During the First Congress, Presi- is also, I think, an example of what can do that very simply by reversing dent George Washington prevailed happens when you get a government this or widening or broadening this ex- upon the House and Senate to enact a that is so big it can give you every- emption to cover religious-affiliated patent statute and wisely advised that thing you want but also big enough to schools, universities and charities. And ‘‘there is nothing which can better de- take it all away. There are a lot of peo- they could do that right now. serve your patronage than the pro- ple who, when this was debated, when I would hope that would be the case. motion of science.’’ the affordable care act was debated, ar- If it is not, there is legislation that has In our State, since our Nation’s bi- gued—myself included—this would lead been proposed here. A number of my centennial, over 1,600 patents have to government running more of our colleagues have already filed bills. In been issued to Alaska residents. The lives, making more decisions, intrud- fact, Senator BLUNT was down here ear- ingenuity of our citizens is reflected in ing more, having more control, and lier today and asked to call up an the variety of patents issued such as a making decisions with regard to peo- amendment that would address this vehicle escape tool; an ocean spill and ple’s health care. issue. It was objected to on the grounds contaminated sea ice containment, I would submit this is an example— that it is not related to the underlying separation, and removal system; an au- and perhaps example No. 1—of that bill, the highway bill. Well, if it is not dible fishing weight; and a fish pin very fact. What we are seeing now is, related to the highway bill, then let’s bone removal apparatus—just to name the affordable care act—as it gets im- provide an opportunity for Congress to a few. plemented, we are giving more and weigh in on this. I can tell you one In recent years, over 500 new applica- more power to the Federal Govern- thing, the American people are weigh- tions have been received by the U.S. ment, and when we do that, when big ing in on this. This Congress of the Patent and Trademark Office from government gets bigger and bigger, it United States, as their representatives, Alaskans involving wells, hydraulic has more latitude when it comes to needs to stand for the American people and earth engineering, and electric running over the rights of ordinary and, more importantly, needs to defend conductors and insulators. Americans. This is a perfect example of the Constitution of the United States. I applaud the efforts of support that. If the administration is going to take groups in Alaska such as the Inventors I could go down the list of other reg- this step, and if the administration is Institute of Alaska, Alaska Inventors ulations. I have come down to the floor not going to walk back from this, this and Entrepreneurs, and the Patent and many times to talk about regulatory Congress of the United States needs to Trademark Resource Center. overreach, excessive regulations that be heard. The genius of inventors is key to our go way beyond common sense, that do There will be numerous attempts future. The next great American inven- not deal with issues of public health until that opportunity is presented by tion could be among the patent appli- and safety but are simply regulations my colleagues and me to make sure cations pending at the Patent Office. for regulation’s sake. this wrong is fixed, is corrected, and On the observance of National Inven- People have heard me come down and that the religious liberties for which tors’ Day, I urge all Alaskans to reflect talk about the Department of Labor’s our Founders came to this country and on contributions of inventors and to efforts now to regulate the young peo- for which so many have fought and take part in appropriate programs and ple who work on family farms and died over the years to defend are pro- activities.∑

VerDate Mar 15 2010 05:24 Jun 04, 2013 Jkt 099060 PO 00000 Frm 00096 Fmt 4624 Sfmt 0634 J:\CRONLINE\2000-THRU-2012-ONLINE-CORRECTIONS\2012 RECORD ONLINE CORREC bjneal on DSK2TWX8P1PROD with February 9, 2012 CONGRESSIONAL RECORD — SENATE S491 REMEMBERING CHIEF MASTER Captain Holland of Casper, WY, was early graduates, Benjamin Rush and SERGEANT LUTHER JEFFERSON, an Army Ranger assigned to the 48th Richard Stockton, went on to sign the SR. Army of the Republic of Vietnam, Ad- Declaration of Independence. In 1812, ∑ Mrs. BOXER. Mr. President, I am vance Team 88, Headquarters, Military West Nottingham Academy was grant- honored to salute the life and service of Assistance Command—Vietnam Advi- ed a Charter by the State of Maryland, retired CMSgt Luther Jefferson, Sr., sors, Military Assistance Command. He and moved to its present location. No- who served as a Tuskegee Airman in was stationed in the Central Highlands table alumni include Maryland Gov- the 332nd Fighter Group. Chief Jeffer- of Phuoc Long Province as a MACV ad- ernor Austin Lane Crothers, Cincinnati son will be remembered not only for his visor to the South Vietnamese. founder John Filson, North Carolina valor and service to his country but The Central Highlands were a critical Governor Alexander Martin, and Penn- also for his compassion, optimism, and supply route for the Viet Cong through sylvania Congressman Peter Kost- generous spirit. He died at his home in the Ho Chi Minh Trail. The MACV mis- mayer. Victorville, California on January 19, sion was infamously known as one of West Nottingham Academy has evolved from its humble beginnings as 2012. the most dangerous missions for Luther Jefferson was born March 23, ground troops. They deployed deep into a log cabin addition to Samuel Finley’s 1923, in Cotton Valley, LA, and was the the jungle in small teams of four to home to a modern campus that is home fifth of 11 children born to Andrew and train and assist the South Vietnamese to 120 boarding and day students in Sue Willie Curry Jefferson. Reared in Army and the indigenous Montagnard grades 9–12 representing eight States poverty on a sharecropper’s farm, Lu- fighters. and ten countries. Student life is en- ther was determined to work hard, Early in the morning on February 9, riched outside the classroom by inter- study diligently, and maintain a posi- Captain Holland and his men came scholastic sports teams, service learn- ing opportunities, student-led clubs, tive outlook on life. under attack. They were outmanned In March 1943, Luther Jefferson was and outgunned by the Viet Cong but and educational excursions to Balti- drafted into the U.S. military. While that did not dissuade their determina- more, Philadelphia, and Washington. West Nottingham Academy uses an completing basic training at the Army tion to resist the attack on Bu Dang innovative, student-centered academic Air Base in Greenberg, NC, he learned Compound. approach which celebrates students’ of an experimental training program As the enemy advanced closer to the many learning styles through a variety for African-American pilots, based at compound demanding surrender over of teaching methods. The student-cen- the Tuskegee Institute and Tuskegee loud speakers, Captain Holland estab- tered approach is exemplified in West Army Air Field in Alabama. After pass- lished a perimeter with his remaining Nottingham’s Chesapeake Learning ing the required examination and being forces. He picked up a .50 caliber ma- Center, where students with learning accepted into the program, he was as- chine gun and moved from position to position, exposing himself with each differences receive support services signed to the 332nd Fighter Group’s uniquely tailored to help each student 99th Fighter Squadron—part of an elite burst of fire. After all of the ammuni- tion ran out, Captain Holland and his reach his or her full potential. group now known as the Tuskegee Air- I would ask my colleagues to join me men succumbed to their wounds but men. Logging more than 5,000 hours in in congratulating West Nottingham they never gave up the fight. He was 36 aircraft that included the P–40 Fighter Academy on the bicentennial of its years old. and B–25s, he helped protect Army Air chartering and relocation, and on over Forty-seven years ago today, on Feb- Corps bombers in Italy during WWII 200 years of providing educational op- ruary 9, 1965, Wyoming suffered its first and participated in the post-WWII Ber- portunity and leadership to Maryland casualty of the Vietnam War. For his lin Airlift. Following the war, Jeffer- and our Nation.∑ son was assigned to Wright-Patterson valiant actions on this fateful day, f Air Force Base at Dayton, OH in the Captain Holland was awarded the Dis- Research and Development Section of tinguished Service Cross, the second TRIBUTE TO SERGEANT FIRST New Aircraft and Human Characteris- highest honor in the Army. His decora- CLASS JEREMIAH MOCK tics—as one of a select few chosen to tions also included the Purple Heart ∑ Mr. HELLER. Mr. President, today I test new aircraft and combat simula- Medal, National Defense Service wish to honor SFC Jeremiah Mock on tions. Luther Jefferson also partici- Medal, Vietnam Service Medal, and the the occasion of his oath of reenlist- pated in the Dugway Proving Ground Vietnam Campaign Medal. ment in the Nevada Army National atomic test in Utah. By the time he re- Today, Captain Holland lays in rest Guard. His commitment to the citizens tired from the U.S. Air Force in 1972, with his brothers in arms at Arlington of the Silver State is unwavering, and Luther Jefferson had become one of the National Cemetery in Section 35, site Nevada is honored by his service. branch’s first African-American chief 3621. His name is engraved on Panel I would first like to recognize all of master sergeants. 01E, Line 86 at the Vietnam Veterans our Nation’s service men and women. As a civilian, Chief Jefferson re- Memorial. Each and every day, our troops are mained active in his community and In Wyoming we never forget. It is serving the United States to protect volunteered as a Little League umpire through this tradition that we make our freedom. They dedicate their lives and a Meals-on-Wheels driver for home- every effort to honor and remember to serve this great Nation and con- bound seniors. those who have selflessly made the ul- stantly make grave sacrifices to ensure Luther Jefferson, Sr., passed away at timate sacrifice. We hold Captain Hol- the safety of our country. Our service- 88 years of age. I extend my heartfelt land’s service and valor high.∑ members and their families deserve our condolences to his two siblings Avis f gratitude and thanks. Before serving in the Nevada Na- Jefferson and Alice Shaw; three chil- RECOGNIZING WEST NOTTINGHAM tional Guard, Sergeant Mock served 9 dren, Deborah Jefferson, Yvonne At- ACADEMY kinson, and Andrew Jefferson; and his years in the Army Reserve, where he ∑ six grandchildren, extended family, and Mr. CARDIN. Mr. President, I wish to was deployed repeatedly on combat numerous friends. recognize the 200th anniversary of the tours to Iraq and Afghanistan. His con- I ask my colleagues to join me in chartering and relocation of West Not- tinued dedication to service led him to honoring the life of Tuskegee Airman tingham Academy in Colora, MD. West join the Nevada National Guard in 2007, CMSgt Luther Jefferson, Sr. Nottingham Academy is recognized as and he continues to serve his State, de- f the oldest boarding school in the na- spite becoming the innocent victim of tion 267 years after the school’s origi- a brutal shooting in Carson City, NV, HONORING CAPTAIN CARLTON nal founding. West Nottingham Acad- on September 6, 2011. I will never forget JACOB HOLLAND, JR. USA emy was founded in 1744 by Samuel this tragic event, and I continue to ∑ Mr. BARRASSO. Mr. President, Finley, a young Presbyterian minister send my thoughts and prayers to the today I honor Captain Jake Holland, from Ireland who later became presi- victims and their families. United States Army, for his service in dent of Princeton. The school prepared I commend Sergeant Mock for his defense of Wyoming and our Nation. boys for university study, and two bravery and thank him for his faithful

VerDate Mar 15 2010 05:24 Jun 04, 2013 Jkt 099060 PO 00000 Frm 00097 Fmt 4624 Sfmt 0634 J:\CRONLINE\2000-THRU-2012-ONLINE-CORRECTIONS\2012 RECORD ONLINE CORREC bjneal on DSK2TWX8P1PROD with S492 CONGRESSIONAL RECORD — SENATE February 9, 2012 service to his State and country. I also chickens, and guinea hens. This dy- buildings and other civilian real property, wish to recognize Sergeant Mock’s namic blend greatly enhances the rich and for other purposes; to the Committee on wife, SSG Stephanie Mock, who en- culture of our State, and I congratu- Environment and Public Works. listed in the Nevada Air National late Chef Miyake for his innovative ap- H.R. 2606. An act to authorize the Sec- retary of the Interior to allow the construc- Guard shortly after the tragic events of proach to food and hope other budding tion and operation of natural gas pipeline fa- September 6, 2011. The Mock family is entrepreneurs will follow his lead. cilities in the Gateway National Recreation a true inspiration and illustration of a I am proud to extend my congratula- Area, and for other purposes; to the Com- proud Nevada family who have over- tions to chef Masa Miyake not only for mittee on Energy and Natural Resources. come great hardship through faith and his substantial contribution to the cul- H.R. 3521. An act to amend the Congres- determination. inary scene in Maine but also for recog- sional Budget and Impoundment Control Act I congratulate Sergeant Mock on his nizing and highlighting the appeal of of 1974 to provide for a legislative line-item reenlistment and am humbled by him Maine as a great place to raise a family veto to expedite consideration of rescissions, and for other purposes; to the Committee on and all of our courageous service men and start a business. Job creators with the Budget. and women. Let us continue to be vision and big ideas like Chef Miyake H.R. 3581. An act to amend the Balanced mindful of our dedicated servicemem- are exactly what Maine needs as we Budget and Emergency Deficit Control Act bers who fight to protect and preserve work to restore and improve the econ- of 1985 to increase transparency in Federal the ideals of freedom and democracy.∑ omy in our small but vibrant and beau- budgeting, and for other purposes; to the f tiful State. I offer my best wishes for Committee on the Budget. continued success to Miyake Res- RECOGNIZING MIYAKE f taurants and look forward to Chef RESTAURANTS MEASURES PLACED ON THE Miyake’s future succulent dishes.∑ ∑ Ms. SNOWE. Mr. President, one of CALENDAR f the proudest American traditions is The following bill was read the sec- that of an individual who starts out on MESSAGES FROM THE HOUSE ond time, and placed on the calendar: his or her own, takes a risk, and opens At 10:05 a.m., a message from the S. 2079. A bill to extend the pay limitation a successful business. Such entre- House of Representatives, delivered by for Members of Congress and Federal em- preneurs are the true drivers of our Mrs. Cole, one of its reading clerks, an- ployees. economy, creating jobs and supporting nounced that the House has passed the f other small enterprises while revital- following bills, in which it requests the izing the areas in which they operate. EXECUTIVE AND OTHER concurrence of the Senate: COMMUNICATIONS Today I commend chef Masa Miyake of H.R. 1734. An act to decrease the deficit by Miyake Restaurants, who has done ex- realigning, consolidating, selling, disposing, The following communications were actly this in the city of Portland, ME. and improving the efficiency of Federal laid before the Senate, together with In 2007, Masa was working as a chef buildings and other civilian real property, accompanying papers, reports, and doc- in New York City and living in Queens and for other purposes. uments, and were referred as indicated: with his wife and two young children. H.R. 2606. An act to reauthorize the Sec- EC–4926. A communication from the Direc- He dreamt of relocating to a place that retary of the Interior to allow the construc- tor of the Regulatory Management Division, offered a better quality of life for his tion and operation of natural gas pipeline fa- Environmental Protection Agency, transmit- cilities in the Gateway National Recreation children and somewhere with savory ting, pursuant to law, the report of a rule en- Area, and for other purposes. titled ‘‘Bacillus thuringiensis Cry2Ae Pro- seafood. Maine offered him all of these H.R. 3521. An act to amend the Congres- things, and having vacationed on tein in Cotton; Exemption from the Require- sional Budget and Impoundment Control Act ment of a Tolerance’’ (FRL No. 9333–7) re- Maine’s coast in the past, the State re- of 1974 to provide for a legislative line-item ceived in the Office of the President of the minded him of the beauty of his native veto to expedite consideration of rescissions, Senate on February 2, 2012; to the Com- Japan. Coincidentally, Masa actually and for other purposes. mittee on Agriculture, Nutrition, and For- grew up in Japan’s Aomori Prefecture H.R. 3581. An act to amend the Balanced estry. in northern Japan, Maine’s sister state. Budget and Emergency Deficit Control Act EC–4927. A communication from the Acting of 1985 to increase transparency in Federal Under Secretary of Defense (Personnel and When Masa opened Food Factory budgeting, and for other purposes. Miyake later that year in Portland, he Readiness), transmitting the report of (5) of- and his wife and eventually one other At 12:32 p.m., a message from the ficers authorized to wear the insignia of the House of Representatives, delivered by grade of rear admiral in accordance with person were the sole employees of the title 10, United States Code, section 777; to operation. As a small firm starting out, Mr. Novotny, one of its reading clerks, announced that the House has passed the Committee on Armed Services. they did not have a liquor license, and EC–4928. A communication from the Assist- initially the business was BYOB—bring the following bill with an amendment, ant Secretary of Defense (Global Strategic your own beverage. But through hard in which it requests the concurrence of Affairs), transmitting, pursuant to law, a re- work and ingenuity, Masa grew the the Senate: port relative to the amount of funds the De- business and built a respected brand, S. 2038. An act to prohibit Members of Con- partment of Defense intends to obligate to not to mention an excellent selection gress and employees of Congress from using the Cooperative Threat Reduction Program; nonpublic information derived from their of- to the Committee on Armed Services. of authentic drink pairings including ficial positions for personal benefit, and for EC–4929. A communication from the Direc- wine and sake. other purposes. tor, Financial Crimes Enforcement Network, Today, Masa’s two restaurants—the The message also announced that the Department of the Treasury, transmitting, revitalized original Miyake and the pursuant to law, the report of a rule entitled House has passed the following concur- new Pai Men Miyake noodle res- ‘‘Financial Crimes Enforcement Network: rent resolution, in which it requests taurant—employ over 38 individuals. Anti-Money Laundering Program and Sus- the concurrence of the Senate: Maine is well known for its first-class picious Activity Report Filing Requirements seafood, and is really beginning to H. Con. Res. 99. Concurrent resolution au- for Residential Mortgage Lenders and Origi- nators’’ (RIN1506–AB02) received in the Office make a name for itself in the trendy thorizing the use of Emancipation Hall in the Capitol Visitor Center for a ceremony to of the President of the Senate on February 6, world of sushi and haute Asian-fusion unveil the marker which acknowledges the 2012; to the Committee on Banking, Housing, cuisine, thanks in no small part to chef role that slave labor played in the construc- and Urban Affairs. Masa Miyake. tion of the United States Capitol. EC–4930. A communication from the Dep- Further, Masa has developed his 3- f uty Secretary of the Treasury, transmitting, acre backyard into a small farm. Here, pursuant to law, a six-month periodic report Masa and his staff grow vegetables and MEASURES REFERRED on the national emergency with respect to raise livestock to directly supply his The following bills were read the first persons undermining democratic processes restaurants and other local Maine busi- or institutions in Zimbabwe declared in Ex- and the second times by unanimous ecutive Order 13288; to the Committee on nesses, including Rosemont Markets, consent, and referred as indicated: Banking, Housing, and Urban Affairs. Hugo’s, and the Barn on Walnut Hill. H.R. 1734. An act to decrease the deficit by EC–4931. A communication from the Chair- These include rare animals such as realigning, consolidating, selling, disposing, man and President of the Export-Import blue Swedish ducks, Freedom Ranger and improving the efficiency of Federal Bank, transmitting, pursuant to law, the

VerDate Mar 15 2010 05:24 Jun 04, 2013 Jkt 099060 PO 00000 Frm 00098 Fmt 4624 Sfmt 0634 J:\CRONLINE\2000-THRU-2012-ONLINE-CORRECTIONS\2012 RECORD ONLINE CORREC bjneal on DSK2TWX8P1PROD with February 9, 2012 CONGRESSIONAL RECORD — SENATE S493 Bank’s 2011 Annual Report; to the Com- the Office of the President of the Senate on EC–4948. A communication from the Direc- mittee on Banking, Housing, and Urban Af- February 3, 2012; to the Committee on Envi- tor of the Regulation Policy and Manage- fairs. ronment and Public Works. ment Office, Veterans Benefits Administra- EC–4932. A communication from the Sec- EC–4940. A communication from the Chief tion, Department of Veterans Affairs, trans- retary of Energy, transmitting, pursuant to of the Publications and Regulations Branch, mitting, pursuant to law, the report of a rule law, a report entitled ‘‘Report on Uncosted Internal Revenue Service, Department of the entitled ‘‘Schedule for Rating Disabilities; Balances for Fiscal Year Ended 2011’’; to the Treasury, transmitting, pursuant to law, the AL Amyloidosis (Primary Amyloidosis)’’ Committee on Energy and Natural Re- report of a rule entitled ‘‘Application of (RIN2900–AN75) received during adjournment sources. QJSA and QPSA Rules to Deferred Annuity of the Senate in the Office of the President EC–4933. A communication from the Sec- Contracts’’ (Rev. Rul. 2012–3) received in the of the Senate on February 8, 2012; to the retary of the Commission, Bureau of Con- Office of the President of the Senate on Feb- Committee on Veterans’ Affairs. sumer Protection, Federal Trade Commis- ruary 7, 2012; to the Committee on Finance. EC–4949. A communication from the Direc- sion, transmitting, pursuant to law, the re- EC–4941. A communication from the Chief tor, Office of Sustainable Fisheries, Depart- port of a rule entitled ‘‘Appliance Labeling of the Publications and Regulations Branch, ment of Commerce, transmitting, pursuant Rule’’ (RIN3084–AB03) received in the Office Internal Revenue Service, Department of the to law, the report of a rule entitled ‘‘Fish- of the President of the Senate on February 7, Treasury, transmitting, pursuant to law, the eries of the Exclusive Economic Zone Off 2012; to the Committee on Energy and Nat- report of a rule entitled ‘‘Rollover from Alaska; Inseason Adjustment to the 2012 Gulf ural Resources. Qualified Defined Contribution Plan to of Alaska Pollock and Pacific Cod Total Al- EC–4934. A communication from the Direc- Qualified Defined Benefit Plan to Obtain Ad- lowable Catch Amounts’’ (RIN0648–XA917) re- tor of the Regulatory Management Division, ditional Annuity’’ (Rev. Rul. 2012–4) received ceived in the Office of the President of the Environmental Protection Agency, transmit- in the Office of the President of the Senate Senate on February 7, 2012; to the Com- ting, pursuant to law, the report of a rule en- on February 7, 2012; to the Committee on Fi- mittee on Commerce, Science, and Transpor- titled ‘‘Approval and Promulgation of Imple- nance. tation. mentation Plans; Georgia; 110(a)(1) and (2) EC–4942. A communication from the Chief EC–4950. A communication from the Dep- Infrastructure Requirements for the 1997 8- of the Publications and Regulations Branch, uty Assistant Administrator for Regulatory Hour Ozone National Ambient Air Quality Internal Revenue Service, Department of the Programs, National Marine Fisheries Serv- Standards’’ (FRL No. 9627–7) received in the Treasury, transmitting, pursuant to law, the ice, Department of Commerce, transmitting, Office of the President of the Senate on Feb- report of a rule entitled ‘‘Application for pursuant to law, the report of a rule entitled ruary 2, 2012; to the Committee on Environ- Recognition as a 501(c) (29) Organization’’ ‘‘Fisheries of the Northeastern United ment and Public Works. ((RIN1545–BK64) (TD 9574)) received in the Of- States; Atlantic Mackerel, Squid, and EC–4935. A communication from the Direc- fice of the President of the Senate on Feb- Butterfish Fisheries; Amendment 11’’ tor of the Regulatory Management Division, ruary 7, 2012; to the Committee on Finance. (RIN0648–AX05) received during adjournment Environmental Protection Agency, transmit- EC–4943. A communication from the Assist- of the Senate in the Office of the President ting, pursuant to law, the report of a rule en- ant Secretary for the Employment and of the Senate on February 3, 2012; to the titled ‘‘Approval and Promulgation of Imple- Training Administration, Department of Committee on Commerce, Science, and mentation Plans; New Hampshire: Preven- Labor, transmitting, pursuant to law, the re- Transportation. tion of Significant Deterioration; Green- port of a rule entitled ‘‘Senior Community EC–4951. A communication from the Dep- uty Assistant Administrator for Regulatory house Gas Permitting Authority and Tai- Service Employment Program; Final Rule, Programs, National Marine Fisheries Serv- loring Rule’’ (FRL No. 9627–8) received in the Additional Indicator on Volunteer Work’’ ice, Department of Commerce, transmitting, Office of the President of the Senate on Feb- (RIN1205–AB60) received during adjournment pursuant to law, the report of a rule entitled ruary 2, 2012; to the Committee on Environ- of the Senate in the Office of the President ‘‘Fisheries Off West Coast States; Pacific ment and Public Works. of the Senate on February 3, 2012; to the Coast Groundfish Harvest Specifications and EC–4936. A communication from the Direc- Committee on Health, Education, Labor, and Management Measures for the Remainder of tor of the Regulatory Management Division, Pensions. the 2011 Fishery’’ (RIN0648–BA01) received Environmental Protection Agency, transmit- EC–4944. A communication from the Assist- during adjournment of the Senate in the Of- ting, pursuant to law, the report of a rule en- ant Secretary for the Employment and fice of the President of the Senate on Feb- titled ‘‘Approval and Promulgation of Imple- Training Administration, Department of ruary 3, 2012; to the Committee on Com- mentation Plans; North Carolina; 110(a)(1) Labor, transmitting, pursuant to law, the re- merce, Science, and Transportation. and (2) Infrastructure Requirements for the port of a rule entitled ‘‘Wage Methodology EC–4952. A communication from the Dep- 1997 8-Hour Ozone National Ambient Air for the Temporary Non-Agricultural Em- uty Assistant Administrator for Regulatory Quality Standards’’ (FRL No. 9627–6) re- ployment H-2B Program; Delay of Effective Programs, National Marine Fisheries Serv- ceived in the Office of the President of the Date’’ (RIN1205–AB61) received during ad- ice, Department of Commerce, transmitting, Senate on February 2, 2012; to the Com- journment of the Senate in the Office of the pursuant to law, the report of a rule entitled mittee on Environment and Public Works. President of the Senate on February 3, 2012; ‘‘Fisheries of the Caribbean, Gulf of Mexico, EC–4937. A communication from the Direc- to the Committee on Health, Education, and South Atlantic; Reef Fish Fishery of the tor of the Regulatory Management Division, Labor, and Pensions. Gulf of Mexico; Gag Grouper Closure Meas- Environmental Protection Agency, transmit- EC–4945. A communication from the Direc- ures’’ (RIN0648–BA94) received during ad- ting, pursuant to law, the report of a rule en- tor of Regulations and Policy Management journment of the Senate in the Office of the titled ‘‘Approval and Promulgation of Imple- Staff, Food and Drug Administration, De- President of the Senate on February 3, 2012; mentation Plans; State of Tennessee: Pre- partment of Health and Human Services, to the Committee on Commerce, Science, vention of Significant Deterioration and transmitting, pursuant to law, the report of and Transportation. Nonattainment New Source Review Rules: a rule entitled ‘‘Further Amendments to EC–4953. A communication from the Dep- Nitrogen Oxides as a Precursor to Ozone’’ General Regulations of the Food and Drug uty Assistant Administrator for Regulatory (FRL No. 9627–5) received in the Office of the Administration to Incorporate Tobacco Programs, National Marine Fisheries Serv- President of the Senate on February 2, 2012; Products’’ (RIN0910–AG60) received in the Of- ice, Department of Commerce, transmitting, to the Committee on Environment and Pub- fice of the President of the Senate on Feb- pursuant to law, the report of a rule entitled lic Works. ruary 6, 2012; to the Committee on Health, ‘‘Fisheries of the Exclusive Economic Zone EC–4938. A communication from the Direc- Education, Labor, and Pensions. Off Alaska; Revisions to Pacific Cod Fishing tor of the Regulatory Management Division, EC–4946. A communication from the Pro- in the Parallel Fishery in the Bering Sea and Environmental Protection Agency, transmit- gram Manager, Centers for Disease Control, Aleutian Islands Management Area’’ ting, pursuant to law, the report of a rule en- Department of Health and Human Services, (RIN0648–AY65) received during adjournment titled ‘‘Revisions to the California State Im- transmitting, pursuant to law, the report of of the Senate in the Office of the President plementation Plan, San Joaquin Valley Uni- a rule entitled ‘‘Guidelines for Determining of the Senate on February 3, 2012; to the fied Air Pollution Control District’’ (FRL Probability of Causation under the Energy Committee on Commerce, Science, and No. 9501–5) received in the Office of the Presi- Employees Occupational Illness Compensa- Transportation. dent of the Senate on February 2, 2012; to the tion Program Act of 2000; Revision of Guide- EC–4954. A communication from the Assist- Committee on Environment and Public lines on Non-Radiogenic Cancers’’ (RIN0920– ant Administrator for Fisheries, National Works. AA39) received in the Office of the President Marine Fisheries Service, Department of EC–4939. A communication from the Chief of the Senate on February 6, 2012; to the Commerce, transmitting, pursuant to law, of Recovery and Delisting, Fish and Wildlife Committee on Health, Education, Labor, and the report of a rule entitled ‘‘Fisheries of the Service, Department of the Interior, trans- Pensions. Northeastern United States; Northeast mitting, pursuant to law, the report of a rule EC–4947. A communication from the Sec- Multispecies Fishery; Emergency Rule Ex- entitled ‘‘Endangered and Threatened Wild- retary, Mississippi River Commission, De- tension, Georges Bank Yellowtail Flounder life and Plants; Bald Eagles Nesting in partment of the Army, transmitting, pursu- Catch Limit Revisions’’ (RIN0648–BA27) re- Sonoran Desert Area of Central Arizona Re- ant to law, the Commission’s Annual Report ceived during adjournment of the Senate in moved from the List of Endangered and for calendar year 2011; to the Committee on the Office of the President of the Senate on Threatened Wildlife’’ (RIN1018–AX08) re- Homeland Security and Governmental Af- February 3, 2012; to the Committee on Com- ceived during adjournment of the Senate in fairs. merce, Science, and Transportation.

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EC–4955. A communication from the Assist- Mr. ENZI, Mr. JOHNSON of Wisconsin, By Mr. MANCHIN (for himself and Mr. ant Administrator for Fisheries, National Mr. BARRASSO, Mr. WICKER, Mr. RUBIO): Marine Fisheries Service, Department of RISCH, Ms. AYOTTE, Mr. BOOZMAN, Mr. S. 2092. A bill to amend title XXVII of the Commerce, transmitting, pursuant to law, COBURN, Mr. DEMINT, Mr. THUNE, and Public Health Service Act to provide con- the report of a rule entitled ‘‘Fisheries Off Mr. CHAMBLISS): science protections for individuals and orga- West Coast States; Pacific Coast Groundfish S. 2081. A bill to require participation in nizations; to the Committee on Health, Edu- Fishery Management Plan; Trawl Rational- public service and engagement in an active cation, Labor, and Pensions. ization Program; Program Improvement and job search as conditions for receipt of ex- By Mr. MENENDEZ: Enhancement; Amendment 21–1’’ (RIN0648– tended unemployment benefits; to the Com- S. 2093. A bill to establish pilot programs BB13) received during adjournment of the mittee on Finance. to encourage the use of shared appreciation Senate in the Office of the President of the By Mr. UDALL of New Mexico (for mortgage modifications, and for other pur- Senate on February 3, 2012; to the Com- himself and Mr. BINGAMAN): poses; to the Committee on Banking, Hous- mittee on Commerce, Science, and Transpor- S. 2082. A bill to establish the Cavernous ing, and Urban Affairs. tation. Angioma CARE Center (Clinical Care, By Mr. BROWN of Ohio: EC–4956. A communication from the Dep- Awareness, Research and Education) of Ex- S. 2094. A bill to amend the Federal Water uty Assistant Administrator for Operations, cellence, and for other purposes; to the Com- Pollution Control Act to update a program National Marine Fisheries Service, Depart- mittee on Health, Education, Labor, and to provide assistance for the planning, de- ment of Commerce, transmitting, pursuant Pensions. sign, and construction of treatment works to to law, the report of a rule entitled ‘‘Magnu- By Mr. THUNE (for himself and Ms. intercept, transport, control, or treat munic- son-Stevens Act Provisions; Fisheries Off CANTWELL): ipal combined sewer overflows and sanitary West Coast States; Pacific Coast Groundfish S. 2083. A bill to amend the Internal Rev- sewer overflows, and to require the Adminis- enue Code of 1986 to prohibit the Secretary of Fishery; Biennial Specifications and Man- trator of the Environmental Protection the Treasury from requiring that taxpayers agement Measures’’ (RIN0648–BA01) received Agency to update certain guidance used to reconcile amounts with respect to reportable during adjournment of the Senate in the Of- develop and determine the financial capa- payment transactions to amounts related to fice of the President of the Senate on Feb- bility of communities to implement clean gross receipts and sales; to the Committee ruary 3, 2012; to the Committee on Com- water infrastructure programs; to the Com- on Finance. merce, Science, and Transportation. mittee on Environment and Public Works. By Ms. SNOWE (for herself and Ms. EC–4957. A communication from the Direc- By Mr. FRANKEN: KLOBUCHAR): tor, Bureau of Economic Analysis, Depart- S. 2084. A bill to require the Secretary of S. 2095. A bill to ensure that individuals ment of Commerce, transmitting, pursuant Transportation to establish accelerated li- who are in an authorized job training pro- to law, the report of a rule entitled ‘‘Inter- censing procedures to assist veterans to ac- gram or completing work for a degree or cer- national Services Surveys: Amendments to quire commercial driver’s licenses, and for tificate remain eligible for regular unem- the BE-120, Benchmark Survey of Trans- other purposes; to the Committee on Com- ployment compensation; to the Committee actions in Selected Services and Intangible merce, Science, and Transportation. on Finance. Assets with Foreign Persons’’ (RIN0691– By Mr. PAUL (for himself, Mr. JOHNSON By Mr. CORNYN (for himself, Mr. AA76) received during adjournment of the of Wisconsin, and Mr. LEE): WYDEN, and Mrs. HUTCHISON): Senate in the Office of the President of the S. 2085. A bill to strengthen employee cost S. 2096. A bill to provide for Federal agen- Senate on February 3, 2012; to the Com- savings suggestions programs within the cies to develop public access policies relating mittee on Commerce, Science, and Transpor- Federal Government; to the Committee on to research conducted by employees of that tation. Homeland Security and Governmental Af- agency or from funds administered by that EC–4958. A communication from the Assist- fairs. agency; to the Committee on Homeland Se- ant Secretary for Export Administration, By Mrs. MCCASKILL: curity and Governmental Affairs. Bureau of Industry and Security, Depart- S. 2086. A bill to amend the Congressional By Ms. LANDRIEU: ment of Commerce, transmitting, pursuant Budget and Impoundment Control Act of 1974 S. 2097. A bill to amend title XVIII of the to law, the report of a rule entitled ‘‘Amend- to provide for a legislative line-item veto to Social Security Act to provide for coverage ment to the Export Administration Regula- expedite consideration of rescissions, and for of comprehensive cancer care planning under tions: Addition of a Reference to a Provision other purposes; to the Committee on the the Medicare Program and to improve the of the Iran Sanctions Act of 1996 (ISA) and Budget. care furnished to individuals diagnosed with Statement of the Licensing Policy for Trans- By Mr. BROWN of Ohio (for himself, cancer by establishing grants programs for actions Involving Persons Sanctioned under Ms. KLOBUCHAR, Mr. FRANKEN, Mrs. provider education, and related research; to the ISA’’ (RIN0694–AF30) received during ad- GILLIBRAND, Mr. SCHUMER, Mr. the Committee on Finance. journment of the Senate in the Office of the CASEY, and Mrs. HAGAN): By Mr. WYDEN: President of the Senate on February 3, 2012; S. 2087. A bill to clarify the meaning of S. 2098. A bill to support statewide indi- to the Committee on Commerce, Science, ‘‘produced’’ for purposes of limitations on vidual-level integrated postsecondary edu- and Transportation. the procurement by the Department of De- cation data systems, and for other purposes; EC–4959. A communication from the Assist- fense of specialty metals within the United to the Committee on Health, Education, ant Director for Policy, Office of Foreign As- States; to the Committee on Armed Services. Labor, and Pensions. sets Control, Department of the Treasury, By Mr. ROCKEFELLER: By Mr. JOHNSON of South Dakota (for transmitting, pursuant to law, the report of S. 2088. A bill to amend the Internal Rev- himself and Mr. SHELBY): a rule entitled ‘‘Cote d’Ivoire Sanctions Reg- enue Code of 1986 to permanently double the S. 2099. A bill to amend the Federal De- ulations; Darfur Sanctions Regulations; amount of start-up expenses entrepreneurs posit Insurance Act with respect to informa- Democratic Republic of the Congo Sanctions can deduct from their taxes; to the Com- tion provided to the Bureau of Consumer Fi- Regulations’’ (31 CFR Parts 543, 546, and 547) mittee on Finance. nancial Protection; to the Committee on received during adjournment of the Senate By Ms. KLOBUCHAR: Banking, Housing, and Urban Affairs. in the Office of the President of the Senate S. 2089. A bill to amend title 10, United on February 3, 2012; to the Committee on States Code, to expand the authority of the f Banking, Housing, and Urban Affairs. Secretary of the Army to loan or donate ex- cess small arms to certain eligible organiza- SUBMISSION OF CONCURRENT AND f tions for funeral and other ceremonial pur- SENATE RESOLUTIONS INTRODUCTION OF BILLS AND poses; to the Committee on Armed Services. By Mr. AKAKA (for himself, Mr. BAR- JOINT RESOLUTIONS The following concurrent resolutions RASSO, Mr. JOHNSON of South Dakota, and Senate resolutions were read, and The following bills and joint resolu- Ms. MURKOWSKI, Mr. TESTER, Mr. referred (or acted upon), as indicated: tions were introduced, read the first BAUCUS, Mr. FRANKEN, Ms. CANT- WELL, Mr. HOEVEN, Mrs. MURRAY, and By Mr. CASEY (for himself, Mr. RUBIO, and second times by unanimous con- Mrs. GILLIBRAND, Mrs. BOXER, Mr. sent, and referred as indicated: Mr. UDALL of New Mexico): S. 2090. A bill to amend the Indian Law En- ISAKSON, Mr. DURBIN, and Mr. KYL): By Mr. HELLER: forcement Reform Act to extend the period S. Res. 370. A resolution calling for demo- S. 2080. A bill to authorize depository insti- of time provided to the Indian Law and Order cratic change in Syria; to the Committee on tutions, depository institution holding com- Commission to produce a required report, Foreign Relations. panies, Fannie Mae, and Freddie Mac to and for other purposes; to the Committee on By Mrs. MURRAY (for herself, Ms. COL- lease foreclosed property held by such enti- Indian Affairs. LINS, Mr. LEVIN, Mr. SANDERS, Mr. ties for up to 5 years, and for other purposes; By Mr. ENZI: WEBB, Ms. KLOBUCHAR, Ms. STABE- to the Committee on Banking, Housing, and S. 2091. A bill to amend the Internal Rev- NOW, and Ms. SNOWE): Urban Affairs. enue Code of 1986 to reform the international S. Res. 371. A resolution designating the By Mr. BURR (for himself, Mr. MCCON- tax system of the United States, and for week of February 6 through 10, 2012, as ‘‘Na- NELL, Mr. COCHRAN, Mrs. HUTCHISON, other purposes; to the Committee on Fi- tional School Counseling Week’’; considered Mr. CORNYN, Mr. PAUL, Mr. GRAHAM, nance. and agreed to.

VerDate Mar 15 2010 05:24 Jun 04, 2013 Jkt 099060 PO 00000 Frm 00100 Fmt 4624 Sfmt 0634 J:\CRONLINE\2000-THRU-2012-ONLINE-CORRECTIONS\2012 RECORD ONLINE CORREC bjneal on DSK2TWX8P1PROD with February 9, 2012 CONGRESSIONAL RECORD — SENATE S495 ADDITIONAL COSPONSORS for highway programs and mass transit Raoul Wallenberg, in recognition of his S. 316 programs, and for other purposes. achievements and heroic actions dur- ing the Holocaust. At the request of Mr. CORNYN, the S. 1269 name of the Senator from Wyoming At the request of Ms. SNOWE, the S. 1616 At the request of Mr. ENZI, the name (Mr. BARRASSO) was added as a cospon- name of the Senator from Alaska (Mr. sor of S. 316, a bill to ensure that the BEGICH) was added as a cosponsor of S. of the Senator from Arkansas (Mr. victims and victims’ families of the 1269, a bill to amend the Elementary BOOZMAN) was added as a cosponsor of S. 1616, a bill to amend the Internal November 5, 2009, attack at Fort Hood, and Secondary Education Act of 1965 to Revenue Code of 1986 to exempt certain Texas, receive the same treatment, require the Secretary of Education to stock of real estate investment trusts benefits, and honors as those Ameri- collect information from coeducational from the tax on foreign investments in cans who have been killed or wounded secondary schools on such schools’ ath- letic programs, and for other purposes. United States real property interests, in a combat zone overseas and their and for other purposes. families. S. 1315 S. 1676 S. 376 At the request of Mr. BLUMENTHAL, At the request of Mr. THUNE, the the name of the Senator from Pennsyl- At the request of Mr. COBURN, the name of the Senator from Texas (Mrs. vania (Mr. CASEY) was added as a co- name of the Senator from Nebraska HUTCHISON) was added as a cosponsor of (Mr. JOHANNS) was added as a cospon- sponsor of S. 1315, a bill to amend the S. 1676, a bill to amend the Internal sor of S. 376, a bill to amend title 5, Omnibus Crime Control and Safe Revenue Code of 1986 to provide for tax- United States Code, to provide that Streets Act of 1968 to extend public payers making donations with their re- persons having seriously delinquent safety officers’ death benefits to fire turns of income tax to the Federal tax debts shall be ineligible for Federal police officers. Government to pay down the public employment. S. 1335 debt. S. 402 At the request of Mr. INHOFE, the S. 1734 At the request of Ms. SNOWE, the name of the Senator from Oregon (Mr. At the request of Mr. BLUMENTHAL, name of the Senator from South Da- WYDEN) was added as a cosponsor of S. the name of the Senator from Massa- kota (Mr. JOHNSON) was added as a co- 1335, a bill to amend title 49, United chusetts (Mr. KERRY) was added as a sponsor of S. 402, a bill to amend title States Code, to provide rights for pi- cosponsor of S. 1734, a bill to provide 10, United States Code, to provide for lots, and for other purposes. incentives for the development of the award of a military service medal S. 1369 qualified infectious disease products. to members of the Armed Forces who At the request of Mr. CRAPO, the S. 1770 served honorably during the Cold War, name of the Senator from Louisiana At the request of Mrs. GILLIBRAND, and for other purposes. (Mr. VITTER) was added as a cosponsor the name of the Senator from Con- S. 412 of S. 1369, a bill to amend the Federal necticut (Mr. BLUMENTHAL) was added At the request of Mr. LEVIN, the Water Pollution Control Act to exempt as a cosponsor of S. 1770, a bill to pro- name of the Senator from Wisconsin the conduct of silvicultural activities hibit discrimination in adoption or fos- (Mr. KOHL) was added as a cosponsor of from national pollutant discharge ter case placements based on the sex- S. 412, a bill to ensure that amounts elimination system permitting require- ual orientation, gender identity, or credited to the Harbor Maintenance ments. marital status of any prospective adop- Trust Fund are used for harbor mainte- S. 1460 tive or foster parent, or the sexual ori- nance. At the request of Mr. BAUCUS, the entation or gender identity of the child S. 555 names of the Senator from Maryland involved. S. 1796 At the request of Mr. FRANKEN, the (Mr. CARDIN) and the Senator from names of the Senator from Michigan Connecticut (Mr. BLUMENTHAL) were At the request of Mr. ISAKSON, the (Mr. LEVIN) and the Senator from Wis- added as cosponsors of S. 1460, a bill to name of the Senator from Missouri (Mr. BLUNT) was added as a cosponsor consin (Mr. KOHL) were added as co- grant the congressional gold medal, sponsors of S. 555, a bill to end dis- collectively, to the First Special Serv- of S. 1796, a bill to make permanent the crimination based on actual or per- ice Force, in recognition of its superior Internal Revenue Service Free File ceived sexual orientation or gender service during World War II. program. S. 1821 identity in public schools, and for S. 1467 At the request of Mr. COONS, the other purposes. At the request of Mr. BLUNT, the name of the Senator from New York S. 641 names of the Senator from Arizona (Mrs. GILLIBRAND) was added as a co- (Mr. MCCAIN), the Senator from Ala- At the request of Mr. DURBIN, the sponsor of S. 1821, a bill to prevent the bama (Mr. SESSIONS), the Senator from name of the Senator from California termination of the temporary office of (Mrs. FEINSTEIN) was added as a co- Alaska (Ms. MURKOWSKI), the Senator bankruptcy judges in certain judicial sponsor of S. 641, a bill to provide from South Carolina (Mr. GRAHAM) and districts. 100,000,000 people with first-time access the Senator from Massachusetts (Mr. S. 1925 to safe drinking water and sanitation BROWN) were added as cosponsors of S. At the request of Mr. LEAHY, the 1467, a bill to amend the Patient Pro- on a sustainable basis within six years names of the Senator from Hawaii (Mr. by improving the capacity of the tection and Affordable Care Act to pro- AKAKA), the Senator from Colorado United States Government to fully im- tect rights of conscience with regard to (Mr. BENNET), the Senator from Mon- plement the Senator Paul Simon Water requirements for coverage of specific tana (Mr. TESTER), the Senator from for the Poor Act of 2005. items and services. Montana (Mr. BAUCUS) and the Senator S. 704 S. 1575 from North Dakota (Mr. CONRAD) were At the request of Mr. WYDEN, the At the request of Mr. CARDIN, the added as cosponsors of S. 1925, a bill to name of the Senator from California name of the Senator from New Jersey reauthorize the Violence Against (Mrs. FEINSTEIN) was added as a co- (Mr. LAUTENBERG) was added as a co- Women Act of 1994. sponsor of S. 704, a bill to provide for sponsor of S. 1575, a bill to amend the S. 1945 duty-free treatment of certain rec- Internal Revenue Code of 1986 to mod- At the request of Mr. DURBIN, the reational performance outerwear, and ify the depreciation recovery period for name of the Senator from New York for other purposes. energy-efficient cool roof systems. (Mrs. GILLIBRAND) was added as a co- S. 1164 S. 1591 sponsor of S. 1945, a bill to permit the At the request of Mr. DEMINT, the At the request of Mrs. GILLIBRAND, televising of Supreme Court pro- name of the Senator from Utah (Mr. the name of the Senator from New ceedings. LEE) was added as a cosponsor of S. Hampshire (Mrs. SHAHEEN) was added S. 1990 1164, a bill to empower States with au- as a cosponsor of S. 1591, a bill to At the request of Mr. LIEBERMAN, the thority for most taxing and spending award a Congressional Gold Medal to name of the Senator from Missouri

VerDate Mar 15 2010 05:24 Jun 04, 2013 Jkt 099060 PO 00000 Frm 00101 Fmt 4624 Sfmt 0634 J:\CRONLINE\2000-THRU-2012-ONLINE-CORRECTIONS\2012 RECORD ONLINE CORREC bjneal on DSK2TWX8P1PROD with S496 CONGRESSIONAL RECORD — SENATE February 9, 2012 (Mr. BLUNT) was added as a cosponsor were going up across the State. Neigh- people to sell their homes as well. In of S. 1990, a bill to require the Trans- borhoods were growing, schools were February 2006 the average home in Ne- portation Security Administration to being built at record rates, and the vada was valued at $309,000. Today the comply with the Uniformed Services construction industry was flourishing. home values have dropped to $120,000. Employment and Reemployment All of this activity drove investments Homes left vacant and uncared for Rights Act. into other areas of the economy, and can quickly become an eyesore, push- S. 2043 for many life was good in Nevada. But ing low home values even lower. This At the request of Mr. RUBIO, the when the crisis hit, the highs that my means others in the neighborhood can names of the Senator from North Caro- State experienced were matched by the have a difficult time selling their lina (Mr. BURR), the Senator from lows that followed. homes if they want to move. If they South Carolina (Mr. GRAHAM) and the Nevada now leads the Nation in un- find a better job elsewhere, for exam- Senator from Maine (Ms. SNOWE) were employment with more than 160,000 Ne- ple, they may not be able to take it be- added as cosponsors of S. 2043, a bill to vadans looking for a job. Many can no cause they cannot sell their homes for amend title XXVII of the Public Health longer afford their homes. Nevadans a reasonable price, if they are able to Service Act to provide religious con- are being forced into bankruptcy and sell them at all. science protections for individuals and facing foreclosure. While Nevada is Today I am introducing legislation to organizations. home to some of the most resilient, help reverse these destabilizing forces. hard-working people in the country, al- The bill I am introducing today, the S. 2053 most one-quarter of Nevadans are so Keeping Families in their Home Act, At the request of Mr. BENNET, the frustrated that they have simply given will help address large unsold housing name of the Senator from North Caro- up hope for better employment. inventories and give families a chance lina (Mrs. HAGAN) was added as a co- Much of the difficulty Nevadans are to stay in their homes. This bill would sponsor of S. 2053, a bill to encourage experiencing can be traced back to the allow banks, Fannie Mae and Freddie transit-oriented development, and for crisis in my State. The ill effects of the Mac, to enter into long-term leases, in- other purposes. depressed housing market are wide- cluding an option to purchase prop- S. 2059 spread. High rates of foreclosures are erties acquired through foreclosure At the request of Mr. WHITEHOUSE, devastating to families, neighborhoods, with the prior homeowner or any indi- the name of the Senator from Cali- and entire communities. Families who vidual. fornia (Mrs. BOXER) was added as a co- have been foreclosed upon are already By providing an opportunity for the sponsor of S. 2059, a bill to reduce the having a hard time paying their bills. homeowner to stay in their home, the deficit by imposing a minimum effec- Add to those difficulties the time spent bank is giving families a chance to re- tive tax rate for high-income tax- finding a new place and the costs of gain sound financial footing. This com- payers. moving and their problems are com- monsense solution helps provide some S. 2062 pounded. Time spent fighting the bank much needed stability is available for At the request of Mr. PAUL, the name to avoid foreclosure and relocating all families. of the Senator from Wyoming (Mr. would likely be better used to find a While I believe this bill is a good step ENZI) was added as a cosponsor of S. job or better paying employment. in the right direction, let me be clear: 2062, a bill to amend the Lacey Act One of the biggest problems dis- much more needs to be done to help the Amendments of 1981 to repeal certain tressed home owners are facing is the housing problems facing Nevada. The provisions relating to criminal pen- programs that have been put into place programs already in place simply have alties and violations of foreign laws, to help keep people in their homes that not done enough and have not lived up and for other purposes. have not lived up to expectations. My to expectations. S.J. RES. 19 office spends a great deal of time with I was pleased to see reports of growth Nevadans on the cusp of losing their in our economy, but people in my State At the request of Mr. HATCH, the continue to suffer. Back home Nevad- name of the Senator from North Da- homes, looking for help, and trying to keep families in their homes. It is truly ans still believe there are no jobs. kota (Mr. HOEVEN) was added as a co- Small businesses are trying to survive sponsor of S.J. Res. 19, a joint resolu- heart wrenching to hear some of these while gridlock in Washington is mak- tion proposing an amendment to the stories. These homeowners do not want ing it harder for employers to know Constitution of the United States au- to foreclose, and obviously they do not what is expected in the coming year. thorizing Congress to prohibit the want to lose their homes. I recently received this e-mail from a Crushing regulations are bringing Ne- physical desecration of the flag of the constituent in Reno who is fighting to vada’s growth industries to a halt. In United States. keep their home. I would like to share order for Nevada to experience real S. RES. 310 that with you. long-term recovery, Washington needs At the request of Ms. MIKULSKI, the We hoped for a win-win situation but in to fundamentally change the way it name of the Senator from North Da- the end all we got was a nightmare in which works. Congress needs to stop over- kota (Mr. CONRAD) was added as a co- everyone loses: my sister and I obviously spending. Republicans and Democrats sponsor of S. Res. 310, a resolution des- lose, our neighborhood loses as another should come together to close unfair ignating 2012 as the ‘‘Year of the Girl’’ house sits vacant with a rusting metal sign in the front, our State loses as the housing loopholes and make the Tax Code easi- and congratulating Girl Scouts of the er for businesses to understand and to USA on its 100th anniversary. plight increases again, the bank loses be- cause they lose a customer who just needed follow. This bill is just one solution to f another chance and, most importantly, de- help turn around this housing crisis. It mocracy loses as the plutocrats roll over an- is also an idea that both Republicans STATEMENTS ON INTRODUCED other family. and Democrats can support. BILLS AND JOINT RESOLUTIONS When families move, their children I look forward to working with my By Mr. HELLER: often have to change schools. So now colleagues to pass this bill and others S. 2080. A bill to authorize depository not only are children forced to move into law so that we can help families institutions, depository institution from their homes, they are also leaving dealing with foreclosures across the holding companies, Fannie Mae, and behind their schools and their neigh- country. As I have said before, moving Freddie Mac to lease foreclosed prop- borhoods. This kind of destabilization forward I welcome any and all ideas on erty held by such entities for up to 5 is harmful for families who are already how to fix the housing crisis in this years, and for other purposes; to the struggling. country. Nevadans cannot afford to Committee on Banking, Housing, and Consider the effects of foreclosures wait any longer. Urban Affairs. on neighborhoods and communities. In the meantime, I urge my col- Mr. HELLER. Mr. President, when The widespread availability of housing leagues to seriously consider sup- our Nation’s economy was thriving, is flooding the real estate inventory in porting this bill. This legislation can Nevada was at the heart of the con- Nevada. This is forcing down home val- go a long way toward helping families, struction boom. Buildings and homes ues and making it difficult for other stabilizing neighborhoods, and stem

VerDate Mar 15 2010 05:24 Jun 04, 2013 Jkt 099060 PO 00000 Frm 00102 Fmt 4624 Sfmt 0634 J:\CRONLINE\2000-THRU-2012-ONLINE-CORRECTIONS\2012 RECORD ONLINE CORREC bjneal on DSK2TWX8P1PROD with February 9, 2012 CONGRESSIONAL RECORD — SENATE S497 any further reduction in home prices. I the playing field for U.S. companies in headquartered in the United States in hope Senators will join me in this en- the global marketplace. This bill would 2000. In 2009, that number dropped to 28 deavor so the President can sign this reform and modernize the rules for tax- percent. That is from 36 percent to 28 bill into law and help families who ing the global operations of American percent among the Fortune Global 500 badly need it. companies and would help America be- companies headquartered in the United come a more attractive location to States. Clearly, America is losing By Mr. ROCKEFELLER: base a business that serves customers ground and our current international S. 2088. A bill to amend the Internal all over the world. tax rules are a big part of the problem. Revenue Code of 1986 to permanently Unfortunately, our current tax rules The bill I am introducing would help double the amount of start-up expenses do just the opposite. In fact, many to right the ship by pulling our inter- entrepreneurs can deduct from their businesses could be better off if they national tax rules into the 21st century taxes; to the Committee on Finance. were headquartered outside the United so U.S. companies are not at a com- Mr. ROCKEFELLER. Mr. President, States. That is not right, and Congress petitive disadvantage with foreign today I am introducing the Small Busi- should fix it. This bill would do that. companies because of American tax ness Start-up Support Act of 2012, leg- I wish to thank Senator HATCH and rules that are outdated by changes islation that will promote small busi- members of his staff who have been most other countries have already ness growth in my home state of West helpful in working through the com- made. The bill would give U.S. compa- Virginia, and around the country. plexities of this international tax. nies incentives to create jobs in the Since the recession, I have met with I also wish to mention Eric Oman, a United States and undertake activities countless business owners, as well as member of my staff and a CPA, who in the United States in order to win those who dream of starting a small worked with me in developing this leg- globally. business. One of the common themes of islation. He has lived overseas and First, if the foreign earnings have al- these conversations is the difficulty worked with the U.S. tax laws over- ready been subject to a tax in a foreign these individuals have raising capital, seas. That is the kind of expertise we country, this bill would provide a 95- particularly when a business is in its need to reform international tax law. percent exemption from the U.S. tax on infancy. I wish to thank all who testified be- those foreign earnings. This would This legislation helps those individ- fore the Finance Committee, especially allow for American-managed capital to uals out, by expanding a successful pro- Scott Naatjes, who is the vice presi- be put to the most productive use and vision of the tax code that allows busi- dent and general tax counsel of Cargill. help stabilize our economy. ness owners to deduct up to $5,000 of This man has dealt with the complex Second, this bill would allow foreign start-up costs. These start-up costs are accounting of foreign earnings and the earnings that are currently sitting things like legal and marketing costs money to be repatriated to the United overseas to be brought back to Amer- that are necessary to get a business up States, an actual practitioner whom we ica at a reduced rate—not a zero tax and running, but put a strain on an al- relied on. He gave us insight into years rate but a greatly reduced rate—and ready tight budget. My bill would ex- of records that have to be reviewed for with the ability to pay that, the taxes pand this deduction so that individuals a single item in the complex web of the that are owed in installments. That can deduct up to $10,000 of start-up current international tax system in gets the cash back now and still gets costs. order to bring the money back to the some taxation for us instead of leaving For a business to survive, and thrive, United States. it all overseas. This provision would its owner has to do their homework Finally, I wish to thank DAVE CAMP, serve as a transition to the new terri- during its infancy. They have to study the chairman of the House, Ways, and torial system by allowing U.S. compa- things like supply chains and distribu- Means Committee, who kick-started nies to unlock a significant amount of tion models. They have to develop mar- the discussion on tax reform when he capital currently being held offshore keting plans. Each of these things has released his discussion draft last Octo- and quickly move into the new terri- a cost that is incurred before a busi- ber. torial system, and that means more ness makes dollar one. That is when a Enacted in the 1960s, our current jobs and a better economy. It also em- business owner is most in need of as- international tax rules have passed phasizes one of the things I talk about sistance and that is why this credit was their expiration date. Many of the U.S. with any of the tax changes—as one of first enacted. major trading partners, including Can- the few accountants—we have to tran- A temporary expansion of the start- ada, Japan, the United Kingdom, and sition into these things if we want the up deduction was enacted in 2008, and most of Europe have moved to what are companies stable enough that they can it was one of many actions this Con- called territorial tax systems. That is exist through the change in the Tax gress took to help business owners actually a word for a global tax sys- Code, and that provides for a transition weather the recession and keep their tem. These types of tax systems tax as well. doors open. President Obama included the income generated within their bor- Third, this bill would reduce the U.S. a permanent extension of this provi- ders and exempt foreign earnings from tax burden on income generated by sion in his ‘‘Startup America’’ legisla- tax. American companies from ideas and in- tive agenda and I am committed to see- The United States, on the other novations. This bill would encourage ing it become law. hand, taxes the worldwide income of companies to develop and keep rights I ask my colleagues to join me in U.S. companies and provides deferral of to ideas and inventions in the United supporting this important legislation the U.S. tax until the foreign earnings States. When families tune in to ‘‘60 and thank the chair for allowing me to are brought home. Deferral of the tax Minutes’’ on Sunday evenings, they speak on this issue. until the earnings are brought home would hear fewer stories about how encourages them not to bring the U.S. companies are moving their prof- By Mr. ENZI: money home. It actually incentivizes its to tax haven countries and avoiding S. 2091. A bill to amend the Internal them to leave their money abroad and U.S. tax on those earnings. Families Revenue Code of 1986 to reform the to expand over there. Because the would hear fewer stories about how the international tax system of the United United States has nearly the highest U.S. multinational companies set up States, and for other purposes; to the corporate tax rate in the world, compa- post office boxes in the Cayman Islands Committee on Finance. nies don’t bring those earnings back and Switzerland without a single em- Mr. ENZI. Mr. President, I rise to and, as I said, reinvest outside the ployee or officer of the company any- speak about a bill I am introducing United States. That certainly is not a where on site and attribute a signifi- today, the United States Job Creation recipe for U.S. growth and U.S. job cre- cant portion of their foreign earnings and International Tax Reform Act of ation. to those jurisdictions. 2012. The name says it all. This is a bill The dominance of U.S.-headquartered Instead, families would hear more that would incentivize American com- companies in the global marketplace is stories about how U.S. companies are panies to create jobs in the United waning. Thirty-six percent of the For- generating the ideas and inventions of States while at the same time leveling tune Global 500 companies were tomorrow right here in America.

VerDate Mar 15 2010 05:24 Jun 04, 2013 Jkt 099060 PO 00000 Frm 00103 Fmt 4624 Sfmt 0634 J:\CRONLINE\2000-THRU-2012-ONLINE-CORRECTIONS\2012 RECORD ONLINE CORREC bjneal on DSK2TWX8P1PROD with S498 CONGRESSIONAL RECORD — SENATE February 9, 2012 This bill can be a first step in tax re- Sec. 1. Short title; amendment of 1986 Code; noncontrolled section 902 corporation shall form. We have a lot of work to do in table of contents. be made not later than the due date for filing many other areas of tax law in order to TITLE I—PARTICIPATION EXEMPTION the return of tax for the first taxable year of make it simpler, fairer, and more SYSTEM FOR TAXATION OF FOREIGN the taxpayer with respect to which the for- eign corporation is a noncontrolled section transparent. We need to be looking at INCOME Sec. 101. Deduction for dividends received by 902 corporation with respect to the taxpayer the individual tax system, the cor- (or, if later, the first taxable year of the tax- porate tax system, and particularly domestic corporations from cer- tain foreign corporations. payer for which this section is in effect). how we tax the passthrough entities Sec. 102. Application of dividends received ‘‘(B) REVOCATION OF ELECTION.—Any elec- such as partnerships and S corpora- deduction to certain sales and tion under this subsection, once made, may tions that have to pay the tax on the exchanges of stock. be revoked only with the consent of the Sec- money when it is still invested in the Sec. 103. Deduction for foreign intangible in- retary. business. come derived from trade or ‘‘(C) CONTROLLED GROUPS.—If a domestic I also recognize, as we move forward business within the United corporation making an election under this subsection with respect to any noncontrolled in these other areas, it may be appro- States. Sec. 104. Treatment of deferred foreign in- section 902 corporation is a member of a con- priate to make changes to this bill. come upon transition to par- trolled group of corporations (within the This is exactly how the legislative ticipation exemption system of meaning of section 1563(a), except that ‘more process should work, and I look for- taxation. than 50 percent’ shall be substituted for ‘at ward to getting back to conducting the TITLE II—OTHER INTERNATIONAL TAX least 80 percent’ each place it appears there- Senate’s business in regular order, REFORMS in), then, except as otherwise provided by the Secretary, such election shall apply to where we work through the issues in Subtitle A—Modifications of Subpart F all members of such group. the committee first and offer amend- Sec. 201. Treatment of low-taxed foreign in- ‘‘(c) QUALIFIED FOREIGN-SOURCE PORTION OF ments to improve the bills that ulti- come as subpart F income. DIVIDENDS.—For purposes of this section— Sec. 202. Permanent extension of look-thru mately come to the Senate floor, where ‘‘(1) QUALIFIED FOREIGN-SOURCE PORTION.— rule for controlled foreign cor- there is a shot for everybody else to ‘‘(A) IN GENERAL.—The qualified foreign- make amendments. porations. Sec. 203. Permanent extension of exceptions source portion of any dividend is an amount But today with the introduction of for active financing income. which bears the same ratio to such dividend this bill, we move from discussion to Sec. 204. Foreign base company income not as— action with respect to a single piece of to include sales or services in- ‘‘(i) the post-2012 undistributed qualified the tax reform. The Simpson-Bowles come. foreign earnings, bears to ‘‘(ii) the total post-2012 undistributed earn- deficit commission recommended a Subtitle B—Modifications Related to ings. move to a territorial system, and I am Foreign Tax Credit ‘‘(B) POST-2012 UNDISTRIBUTED EARNINGS.— glad to be moving the conversation for- Sec. 211. Modification of application of sec- The term ‘post-2012 undistributed earnings’ ward on this recommendation with the tions 902 and 960 with respect to means the amount of the earnings and prof- introduction of this bill. I hope this bill post-2012 earnings. its of a controlled foreign corporation (com- will begin a discussion, a discussion of Sec. 212. Separate foreign tax credit basket puted in accordance with sections 964(a) and for foreign intangible income. 986) accumulated in taxable years beginning fairness that needs to begin yesterday. Sec. 213. Inventory property sales source after December 31, 2012— I hope Members and their staff will rule exceptions not to apply for ‘‘(i) as of the close of the taxable year of review the bill and the detailed expla- foreign tax credit limitation. nation we have prepared. I also ask the controlled foreign corporation in which Subtitle C—Allocation of Interest on the dividend is distributed, and that all interested stakeholders review Worldwide Basis ‘‘(ii) without diminution by reason of divi- the bill and reach out to my staff and Sec. 221. Acceleration of election to allocate dends distributed during such taxable years. the staff of the Finance Committee to interest on a worldwide basis. ‘‘(C) POST-2012 UNDISTRIBUTED QUALIFIED discuss what they like, what they don’t TITLE I—PARTICIPATION EXEMPTION FOREIGN EARNINGS.—The term ‘post-2012 un- like, and their suggestions for improve- SYSTEM FOR TAXATION OF FOREIGN IN- distributed qualified foreign earnings’ means ments. That is the way bills are sup- COME the portion of the post-2012 undistributed posed to work. SEC. 101. DEDUCTION FOR DIVIDENDS RECEIVED earnings which is attributable to income The international tax rules are not BY DOMESTIC CORPORATIONS FROM other than— ‘‘(i) income described in section easy or simple and reforming them will CERTAIN FOREIGN CORPORATIONS. (a) ALLOWANCE OF DEDUCTION.—Part VIII of 245(a)(5)(A), or be a heavy lift. But those things are subchapter B of chapter 1 is amended by in- ‘‘(ii) dividends described in section worth doing, and when they are worth serting after section 245 the following new 245(a)(5)(B). doing, they are rarely easy or simple. section: ‘‘(2) ORDERING RULE FOR DISTRIBUTIONS OF I look forward to joining with my ‘‘SEC. 245A. DIVIDENDS RECEIVED BY DOMESTIC EARNINGS AND PROFITS.—Distributions shall colleagues to pass international tax re- CORPORATIONS FROM CERTAIN be treated as first made out of earnings and forms that our American companies FOREIGN CORPORATIONS. profits of a controlled foreign corporation and our country desperately need. ‘‘(a) IN GENERAL.—In the case of any divi- which are not post-2012 undistributed earn- Mr. President, I ask unanimous con- dend received from a controlled foreign cor- ings and then out of post-2012 undistributed sent that the text of the bill be printed poration by a domestic corporation which is earnings. a United States shareholder with respect to ‘‘(d) DISALLOWANCE OF FOREIGN TAX CRED- in the RECORD. IT, ETC.— There being no objection, the text of such controlled foreign corporation, there shall be allowed as a deduction an amount ‘‘(1) IN GENERAL.—No credit shall be al- the bill was ordered to be printed in equal to 95 percent of the qualified foreign- lowed under section 901 for any taxes paid or the RECORD, as follows: source portion of the dividend. accrued (or treated as paid or accrued) with S. 2091 ‘‘(b) TREATMENT OF ELECTING NONCON- respect to the qualified foreign-source por- Be it enacted by the Senate and House of Rep- TROLLED SECTION 902 CORPORATIONS AS CON- tion of any dividend. resentatives of the United States of America in TROLLED FOREIGN CORPORATIONS.— ‘‘(2) DENIAL OF DEDUCTION.—No deduction Congress assembled, ‘‘(1) IN GENERAL.—If a domestic corporation shall be allowed under this chapter for any SECTION 1. SHORT TITLE; AMENDMENT OF 1986 elects the application of this subsection for tax for which credit is not allowable under CODE; TABLE OF CONTENTS. any noncontrolled section 902 corporation section 901 by reason of paragraph (1). (a) SHORT TITLE.—This Act may be cited as with respect to the domestic corporation, ‘‘(3) COORDINATION WITH SECTION 78.—Sec- the ‘‘United States Job Creation and Inter- then, for purposes of this title— tion 78 shall not apply to any tax for which national Tax Reform Act of 2012’’. ‘‘(A) the noncontrolled section 902 corpora- credit is not allowable under section 901 by (b) AMENDMENT OF 1986 CODE.—Except as tion shall be treated as a controlled foreign reason of paragraph (1). otherwise expressly provided, whenever in corporation with respect to the domestic ‘‘(4) TREATMENT OF NONDEDUCTIBLE PORTION this Act an amendment or repeal is ex- corporation, and IN APPLYING FOREIGN TAX CREDIT LIMIT.—For pressed in terms of an amendment to, or re- ‘‘(B) the domestic corporation shall be purposes of applying the limitation under peal of, a section or other provision, the ref- treated as a United States shareholder with section 904(a), the remaining 5 percent of the erence shall be considered to be made to a respect to the noncontrolled section 902 cor- qualified foreign-source portion of any divi- section or other provision of the Internal poration. dend with respect to which a deduction is Revenue Code of 1986. ‘‘(2) ELECTION.— not allowable to the domestic corporation (c) TABLE OF CONTENTS.—The table of con- ‘‘(A) TIME OF ELECTION.—Any election under subsection (a) shall be treated as in- tents of this Act is as follows: under this subsection with respect to any come from sources within the United States.

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‘‘(e) SPECIAL RULES FOR HYBRID DIVI- ‘‘(i) the controlled foreign corporation re- more, any amount received by the domestic DENDS.— ferred to in section 245A(a) is a controlled corporation which is treated as a dividend by ‘‘(1) IN GENERAL.—Subsection (a) shall not foreign corporation at all times during such reason of this section shall be treated as a apply to any dividend received by a United period, and dividend for purposes of applying section States shareholder from a controlled foreign ‘‘(ii) the taxpayer is a United States share- 245A. corporation if the dividend is a hybrid divi- holder (as defined in section 951) with respect ‘‘(2) LOSSES DISALLOWED.—If a domestic dend. to such controlled foreign corporation at all corporation— ‘‘(2) HYBRID DIVIDENDS OF TIERED CON- times during such period. ‘‘(A) sells or exchanges stock in a foreign TROLLED FOREIGN CORPORATIONS.—If a con- ‘‘(C) SPECIAL RULES FOR ELECTING NONCON- corporation in a taxable year of the domestic trolled foreign corporation with respect to TROLLED SECTION 902 CORPORATIONS.—In the corporation with or within which a taxable which a domestic corporation is a United case of an election under section 245A(b) to year of the foreign corporation beginning States shareholder receives a hybrid divi- treat a noncontrolled section 902 corporation after December 31, 2012, ends, and dend from any other controlled foreign cor- as a controlled foreign corporation, the re- ‘‘(B) met the ownership requirements of poration with respect to which such domes- quirements of subparagraph (B) shall be subsection (a)(2) with respect to such stock, tic corporation is also a United States share- treated as met for any continuous period no deduction shall be allowed to the domes- holder, then, notwithstanding any other pro- ending on the day before the effective date of tic corporation with respect to any loss from vision of this title— the election for which the taxpayer met the the sale or exchange.’’. ‘‘(A) the hybrid dividend shall be treated ownership requirements of section (b) SALE BY A CFC OF A LOWER TIER CFC.— for purposes of section 951(a)(1)(A) as subpart 904(d)(2)(E) with respect to such corpora- Section 964(e) is amended by adding at the F income of the receiving controlled foreign tion.’’. end the following new paragraph: OORDINATION WITH DIVIDENDS RE corporation for the taxable year of the con- (c) APPLICATION OF RULES GENERALLY AP- ‘‘(4) C - CEIVED DEDUCTION.— trolled foreign corporation in which the divi- PLICABLE TO DEDUCTIONS FOR DIVIDENDS RE- ‘‘(A) IN GENERAL.—If, for any taxable year dend was received, and CEIVED.— of a controlled foreign corporation beginning ‘‘(B) the United States shareholder shall (1) TREATMENT OF DIVIDENDS FROM TAX-EX- after December 31, 2012, any amount is treat- include in gross income an amount equal to EMPT CORPORATIONS.—Paragraph (1) of sec- the shareholder’s pro rata share (determined tion 246(a) is amended by striking ‘‘and 245’’ ed as a dividend under paragraph (1) by rea- in the same manner as under section and inserting ‘‘245, and 245A’’. son of a sale or exchange by the controlled foreign corporation of stock in another for- 951(a)(2)) of the subpart F income described (2) ASSETS GENERATING TAX-EXEMPT POR- eign corporation held for 1 year or more, in subparagraph (A) . TION OF DIVIDEND NOT TAKEN INTO ACCOUNT IN then, notwithstanding any other provision of ‘‘(3) DENIAL OF FOREIGN TAX CREDIT, ETC.— ALLOCATING AND APPORTIONING DEDUCTIBLE this title— The rules of subsection (d) shall apply to any EXPENSES.—Paragraph (3) of section 864(e) is ‘‘(i) the qualified foreign-source portion of hybrid dividend received by, or any amount amended by striking ‘‘or 245(a)’’ and insert- such dividend shall be treated for purposes of included under paragraph (2) in the gross in- ing ‘‘, 245(a), or 245A’’. section 951(a)(1)(A) as subpart F income of come of, a United States shareholder, except (3) COORDINATION WITH SECTION 1059.—Sub- the selling controlled foreign corporation for that, for purposes of applying subsection paragraph (B) of section 1059(b)(2) is amended such taxable year, (d)(4), all of such dividend or amount shall be by striking ‘‘or 245’’ and inserting ‘‘245, or ‘‘(ii) a United States shareholder with re- treated as income from sources within the 245A’’. spect to the selling controlled foreign cor- United States. (d) CONFORMING AMENDMENTS.— poration shall include in gross income for ‘‘(4) HYBRID DIVIDEND.—The term ‘hybrid (1) Clause (vi) of section 56(g)(4)(C) is the taxable year of the shareholder with or dividend’ means an amount received from a amended by inserting ‘‘245A or’’ before ‘‘965’’. within which such taxable year of the con- controlled foreign corporation— (2) Subsection (b) of section 951 is amend- trolled foreign corporation ends an amount ‘‘(A) which is treated as a dividend for pur- ed— equal to the shareholder’s pro rata share (de- poses of this title, and (A) by striking ‘‘subpart’’ and inserting termined in the same manner as under sec- ‘‘(B) for which the controlled foreign cor- ‘‘title’’, and tion 951(a)(2)) of the amount treated as sub- poration received a deduction (or similar tax (B) by adding at the end the following: part F income under clause (i), and benefit) under the laws of the country in ‘‘Such term shall include, with respect to ‘‘(iii) the deduction under section 245A(a) which the controlled foreign corporation was any entity treated as a controlled foreign shall be allowable to the United States created or organized. corporation under section 245A(b), any do- shareholder with respect to the subpart F in- ‘‘(f) DEFINITIONS.—For purposes of this sec- mestic corporation treated as a United come included in gross income under clause tion— States shareholder with respect to such enti- (ii) in the same manner as if such subpart F ‘‘(1) UNITED STATES SHAREHOLDER.—The ty under such section.’’. income were a dividend received by the term ‘United States shareholder’ has the (3) Subsection (a) of section 957 is amend- shareholder from the selling controlled for- meaning given such term in section 951(b). ed— eign corporation. ‘‘(2) CONTROLLED FOREIGN CORPORATION.— (A) by striking ‘‘subpart’’ in the matter ‘‘(B) EFFECT OF LOSS ON EARNINGS AND The term ‘controlled foreign corporation’ preceding paragraph (1) and inserting PROFITS.—For purposes of this title, in the has the meaning given such term in section ‘‘title’’, and case of a sale or exchange by a controlled 957(a). (B) by adding at the end the following: foreign corporation of stock in another for- ‘‘(3) NONCONTROLLED SECTION 902 CORPORA- ‘‘Such term shall include any entity treated eign corporation in a taxable year of the sell- TION.—The term ‘noncontrolled section 902 as a controlled foreign corporation under ing controlled foreign corporation beginning corporation’ has the meaning given such section 245A(b).’’. after December 31, 2012, to which this para- term in section 904(d)(2)(E)(i). (4) The table of sections for part VIII of graph would apply if gain were recognized, ‘‘(g) REGULATIONS.—The Secretary shall subchapter B of chapter 1 is amended by in- the earnings and profits of the selling con- prescribe such regulations as may be nec- serting after the item relating to section 245 trolled foreign corporation shall not be re- essary or appropriate to carry out the provi- the following new item: duced by reason of any loss from such sale or sions of this section.’’. ‘‘Sec. 245A. Dividends received by domestic exchange. (b) APPLICATION OF HOLDING PERIOD RE- corporations from certain for- ‘‘(C) QUALIFIED FOREIGN-SOURCE PORTION.— QUIREMENT.—Subsection (c) of section 246 is eign corporations.’’. For purposes of this paragraph, the qualified amended— (e) EFFECTIVE DATE.—The amendments foreign-source portion of any amount treated (1) by striking ‘‘or 245’’ in paragraph (1) made by this section shall apply to taxable as a dividend under paragraph (1) shall be de- and inserting ‘‘245, or 245A’’, and years of foreign corporations beginning after termined in the same manner as under sec- (2) by adding at the end the following new December 31, 2012, and to taxable years of tion 245A(c).’’. paragraph: United States shareholders with or within SEC. 103. DEDUCTION FOR FOREIGN INTANGIBLE ‘‘(5) SPECIAL RULES FOR QUALIFIED FOREIGN- which such taxable years of foreign corpora- INCOME DERIVED FROM TRADE OR BUSINESS WITHIN THE UNITED SOURCE PORTION OF DIVIDENDS RECEIVED FROM tions end. STATES. CONTROLLED FOREIGN CORPORATIONS.— SEC. 102. APPLICATION OF DIVIDENDS RECEIVED (a) IN GENERAL.—Part VIII of subchapter B ‘‘(A) 1-YEAR HOLDING PERIOD REQUIRE- DEDUCTION TO CERTAIN SALES AND of chapter 1 is amended by adding at the end EXCHANGES OF STOCK. MENT.—For purposes of section 245A— the following new section: ‘‘(i) paragraph (1)(A) shall be applied— (a) SALES BY UNITED STATES PERSONS OF ‘‘SEC. 250. FOREIGN INTANGIBLE INCOME DE- ‘‘(I) by substituting ‘365 days’ for ‘45 days’ STOCK IN CFC.—Section 1248 is amended by RIVED FROM TRADE OR BUSINESS each place it appears, and redesignating subsection (j) as subsection (k) WITHIN THE UNITED STATES. ‘‘(II) by substituting ‘731-day period’ for and by inserting after subsection (i) the fol- ‘‘(a) IN GENERAL.—In the case of a domestic ‘91-day period’, and lowing new subsection: corporation, there shall be allowed as a de- ‘‘(ii) paragraph (2) shall not apply. ‘‘(j) COORDINATION WITH DIVIDENDS RE- duction an amount equal to 50 percent of the ‘‘(B) STATUS MUST BE MAINTAINED DURING CEIVED DEDUCTION.— qualified foreign intangible income of such HOLDING PERIOD.—For purposes of section ‘‘(1) IN GENERAL.—In the case of the sale or domestic corporation for the taxable year. 245A, the holding period requirement of this exchange by a domestic corporation of stock ‘‘(b) QUALIFIED FOREIGN INTANGIBLE IN- subsection shall be treated as met only if— in a foreign corporation held for 1 year or COME.—

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‘‘(1) IN GENERAL.—The term ‘qualified for- ‘‘(d) REGULATIONS.—The Secretary shall accrued (or treated as paid or accrued) with eign intangible income’ means, with respect prescribe such regulations as may be nec- respect to the earnings and profits taken to any domestic corporation, foreign intan- essary or appropriate to carry out the provi- into account in determining the amount gible income which is derived by the domes- sions of this section.’’. under subsection (b). tic corporation from the active conduct of a (b) CONFORMING AMENDMENT.—The table of ‘‘(2) DENIAL OF DEDUCTION.—No deduction trade or business within the United States sections for part VIII of subchapter B of shall be allowed under this chapter for any with respect to the intangible property giv- chapter 1 is amended by adding at the end tax for which credit is not allowable under ing rise to the income. the following new item: section 901 by reason of paragraph (1). ‘‘(2) REQUIREMENTS RELATING TO TRADE OR ‘‘Sec. 250. Foreign intangible income derived ‘‘(3) COORDINATION WITH SECTION 78.—Sec- BUSINESS WITHIN THE UNITED STATES.—For from trade or business within tion 78 shall not apply to any tax for which purposes of this section, foreign intangible the United States.’’. credit is not allowable under section 901 by income shall be treated as derived by a do- (c) EFFECTIVE DATE.—The amendments reason of paragraph (1). mestic corporation from the active conduct made by this section shall apply to taxable ‘‘(4) TREATMENT OF NONDEDUCTIBLE PORTION of a trade or business within the United years of domestic corporations beginning IN APPLYING FOREIGN TAX CREDIT LIMIT.—For States only if— after December 31, 2012. purposes of applying the limitation under ‘‘(A) the domestic corporation developed, SEC. 104. TREATMENT OF DEFERRED FOREIGN section 904(a), the remaining 30 percent of created, or produced within the United INCOME UPON TRANSITION TO PAR- the amount determined under subsection (b) States the intangible property giving rise to TICIPATION EXEMPTION SYSTEM OF with respect to which a deduction is not al- the income, or TAXATION. lowable under subsection (a) shall be treated ‘‘(B) in any case in which the domestic cor- (a) IN GENERAL.—Section 965 is amended to as income from sources within the United poration acquired such intangible property, read as follows: States. the domestic corporation added substantial ‘‘SEC. 965. TREATMENT OF DEFERRED FOREIGN ‘‘(d) ELECTION TO PAY LIABILITY FOR value to the property through the active INCOME UPON TRANSITION TO PAR- DEEMED SUBPART F INCOME IN INSTALL- conduct of such trade or business within the TICIPATION EXEMPTION SYSTEM OF MENTS.— TAXATION. United States. ‘‘(1) IN GENERAL.—In the case of a United ‘‘(a) DEDUCTION ALLOWED.—In the case of a States shareholder with respect to 1 or more ‘‘(c) FOREIGN INTANGIBLE INCOME.—For pur- domestic corporation which elects the appli- poses of this section— controlled foreign corporations to which cation of this section to any controlled for- elections under subsections (a) and (b)(2) ‘‘(1) IN GENERAL.—The term ‘foreign intan- eign corporation with respect to which it is apply, such United States shareholder may gible income’ means any intangible income a United States shareholder, there shall be elect to pay the net tax liability determined which is derived in connection with— allowed as a deduction for the taxable year with respect to its deemed subpart F inclu- ‘‘(A) property which is sold, leased, li- of the United States shareholder with or sions with respect to such corporations censed, or otherwise disposed of for use, con- within which the first taxable year of the under subsection (b)(2) for the taxable year sumption, or disposition outside the United controlled foreign corporation beginning described in subsection (a) in 2 or more (but States, or after December 31, 2012, ends an amount not exceeding 8) equal installments. ‘‘(B) services provided with respect to per- equal to 70 percent of the amount deter- ‘‘(2) DATE FOR PAYMENT OF INSTALLMENTS.— sons or property located outside the United mined under subsection (b) for the taxable If an election is made under paragraph (1), States. year. the first installment shall be paid on the due ‘‘(2) EXCEPTIONS FOR CERTAIN INCOME.—The ‘‘(b) ELIGIBLE AMOUNT.—For purposes of date (determined without regard to any ex- following amounts shall not be taken into subsection (a)— tension of time for filing the return) for the account in computing foreign intangible in- ‘‘(1) IN GENERAL.—The amount determined return of tax for the taxable year for which come: under this subsection for a United States the election was made and each succeeding ‘‘(A) Any amount treated as received by shareholder with respect to any controlled installment shall be paid on the due date (as the domestic corporation under section foreign corporation for the taxable year of so determined) for the return of tax for the 367(d)(2) with respect to any intangible prop- the shareholder described in subsection (a) is taxable year following the taxable year with erty. the lesser of— respect to which the preceding installment ‘‘(B) Any payment under a cost-sharing ar- ‘‘(A) the shareholder’s pro rata share of the was made. rangement entered into under section 482. earnings and profits of the controlled foreign ‘‘(3) ACCELERATION OF PAYMENT.—If there is ‘‘(C) Any amount received from a con- corporation described in section 959(c)(3) as an addition to tax for failure to pay timely trolled foreign corporation with respect to of the close of the taxable year preceding the assessed with respect to any installment re- which the domestic corporation is a United first taxable year of the controlled foreign quired under this subsection, a liquidation or States shareholder to the extent such corporation beginning after December 31, sale of substantially all the assets of the tax- amount is attributable or properly allocable 2012, or payer (including in a title 11 or similar case), to income which is— ‘‘(B) an amount equal to the sum of— a cessation of business by the taxpayer, or ‘‘(i) effectively connected with the conduct ‘‘(i) the dividends received by the share- any similar circumstance, then the unpaid of a trade or business within the United holder during such taxable year from the portion of all remaining installments shall States and subject to tax under this chapter, controlled foreign corporation which are at- be due on the date of such event (or in the or tributable to the earnings and profits de- case of a title 11 or similar case, the day be- ‘‘(ii) subpart F income. scribed in subparagraph (A), plus fore the petition is filed). For purposes of clause (ii), amounts not oth- ‘‘(ii) the increase in subpart F income re- ‘‘(4) PRORATION OF DEFICIENCY TO INSTALL- erwise treated as subpart F income shall be quired to be included in gross income of the MENTS.—If an election is made under para- so treated if the amount creates (or in- shareholder for the taxable year by reason of graph (1) to pay the net tax liability de- creases) a deficit which under section 952(c) the election under paragraph (2). scribed in paragraph (1) in installments and may reduce the subpart F income of the ‘‘(2) ELECTION OF DEEMED SUBPART F INCLU- a deficiency has been assessed which in- payor or any other controlled foreign cor- SION.—A United States shareholder may creases such net tax liability, the increase poration. elect for purposes of paragraph (1)(B)(ii) to shall be prorated to the installments payable ‘‘(3) INTANGIBLE INCOME.—The term ‘intan- treat all (or any portion) of the shareholder’s under paragraph (1). The part of the increase gible income’ means gross income from— pro rata share of the earnings and profits of so prorated to any installment the date for ‘‘(A) the sale, lease, license, or other dis- a controlled foreign corporation described in payment of which has not arrived shall be position of property in which intangible paragraph (1)(A) as subpart F income includ- collected at the same time as, and as a part property is used directly or indirectly, or ible in the gross income of the shareholder of, such installment. The part of the increase ‘‘(B) the provision of services related to in- for the taxable year of the shareholder de- so prorated to any installment the date for tangible property or in connection with scribed in subsection (a). payment of which has arrived shall be paid property in which intangible property is used ‘‘(3) ORDERING RULE.—For purposes of para- upon notice and demand from the Secretary. directly or indirectly, graph (1)(B)(i), distributions shall be treated This subsection shall not apply if the defi- to the extent that such gross income is prop- as first made out of earnings and profits of a ciency is due to negligence, to intentional erly attributable to such intangible prop- controlled foreign corporation described in disregard of rules and regulations, or to erty. paragraph (1)(A). fraud with intent to evade tax. ‘‘(4) DEDUCTIONS TO BE TAKEN INTO AC- ‘‘(4) DIVIDEND.—The term ‘dividend’ shall ‘‘(5) TIME FOR PAYMENT OF INTEREST.—In- COUNT.—The gross income of a domestic cor- not include amounts includible in gross in- terest payable under section 6601 on the un- poration taken into account under this sub- come as a dividend under section 78. paid portion of any amount of tax the time section shall be reduced, under regulations ‘‘(c) DISALLOWANCE OF FOREIGN TAX CRED- for payment of which as been extended under prescribed by the Secretary, so as to take IT, ETC.—In the case of a domestic corpora- this subsection shall be paid annually at the into account deductions properly allocable tion making an election under subsection (a) same time as, and as part of, each install- to such income. with respect to any controlled foreign cor- ment payment of such tax. In the case of a ‘‘(5) INTANGIBLE PROPERTY.—The term ‘in- poration— deficiency to which paragraph (4) applies, in- tangible property’ has the meaning given ‘‘(1) IN GENERAL.—No credit shall be al- terest with respect to such deficiency which such term by section 936(h)(3)(B). lowed under section 901 for any taxes paid or is assigned under the preceding sentence to

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any installment the date for payment of (b) LOW-TAXED INCOME.—Section 952 is ‘‘(5) DEDUCTIONS TO BE TAKEN INTO AC- which has arrived on or before the date of amended by adding at the end the following COUNT.—The gross income of a controlled for- the assessment of the deficiency, shall be new subsection: eign corporation taken into account under paid upon notice and demand from the Sec- ‘‘(e) LOW-TAXED INCOME.— this subsection shall be reduced, under regu- retary. ‘‘(1) IN GENERAL.—For purposes of sub- lations prescribed by the Secretary, so as to ‘‘(6) NET TAX LIABILITY FOR DEEMED SUB- section (a), except as provided in paragraph take into account deductions (including PART F INCLUSIONS.—For purposes of this sub- (2), the term ‘low-taxed income’ means, with taxes) properly allocable to such income.’’. section— respect to any taxable year of a controlled (c) CONFORMING AMENDMENTS.— ‘‘(A) IN GENERAL.—The net tax liability de- foreign corporation, the entire gross income (1) Subsection (a) of section 952 is amend- scribed in paragraph (1) with respect to any of the controlled foreign corporation unless ed— United States shareholder for any taxable the taxpayer establishes to the satisfaction (A) by striking ‘‘paragraph (4)’’ in the next year is the excess (if any) of— of the Secretary that such income was sub- to last sentence and inserting ‘‘paragraph ‘‘(i) such taxpayer’s net income tax for the ject to an effective rate of income tax (deter- (5)’’, and taxable year, over mined under rules similar to the rules of sec- (B) by striking ‘‘paragraph (5)’’ in the last ‘‘(ii) such taxpayer’s net income tax for tion 954(b)(4)) imposed by a foreign country sentence and inserting ‘‘paragraph (6)’’. such taxable year determined as if the elec- in excess of one-half of the highest rate of (2) Subsection (d) of section 952 is amended tions under subsection (b)(2) with respect to tax under section 11(b) for taxable years of by striking ‘‘subsection (a)(5)’’ and inserting 1 or more controlled foreign corporations United States corporations beginning in the ‘‘subsection (a)(6)’’. had not been made. same calendar year as the taxable year of (3) Paragraphs (1) and (2) of section 999(c) ‘‘(B) NET INCOME TAX.—The term ‘net in- the controlled foreign corporation begins. are each amended by striking ‘‘section come tax’ means the net income tax (as de- ‘‘(2) EXCEPTION FOR QUALIFIED BUSINESS IN- 952(a)(3)’’ and inserting ‘‘section 952(a)(4)’’. (d) EFFECTIVE DATE.—The amendments fined in section 38(c)(1)) reduced by the cred- COME.—For purposes of paragraph (1), quali- made by this section shall apply to taxable it allowed under section 38. fied business income— years of foreign corporations beginning after ‘‘(e) SPECIAL RULES.—For purposes of this ‘‘(A) shall be taken into account in deter- December 31, 2012, and to taxable years of section— mining the effective rate of income tax at United States shareholders with or within ‘‘(1) ELECTIONS.—Any election under sub- which the entire gross income of the con- section (a), (b)(2), or (d)(1) shall be made not which such taxable years of foreign corpora- trolled foreign corporation is taxed, but tions end. later than the due date (including exten- ‘‘(B) the amount of gross income treated as sions) for the return of tax for the taxable SEC. 202. PERMANENT EXTENSION OF LOOK- low-taxed income under paragraph (1) shall THRU RULE FOR CONTROLLED FOR- year for which made and shall be made in be reduced by the amount of the qualified such manner as the Secretary may provide. EIGN CORPORATIONS. business income. (a) IN GENERAL.—Section 954(c)(6)(C) is ‘‘(2) SECTION NOT TO APPLY TO NONCON- ‘‘(3) QUALIFIED BUSINESS INCOME.—For pur- amended by striking ‘‘and before January 1, TROLLED SECTION 902 CORPORATIONS TREATED poses of this subsection— 2012,’’. AS CFCS.—No election may be made under ‘‘(A) IN GENERAL.—The term ‘qualified (b) EFFECTIVE DATE.—The amendments subsection (a) with respect to a controlled business income’ means, with respect to any made by this section shall apply to taxable foreign corporation which was a noncon- controlled foreign corporation, income de- years of foreign corporations beginning after trolled section 902 corporation which a rived by the controlled foreign corporation December 31, 2011, and to taxable years of United States shareholder elected under sec- in a foreign country but only if— United States shareholders with or within tion 245A(b) to treat as a controlled foreign ‘‘(i) such income is attributable to the ac- which such taxable years of foreign corpora- corporation. tive conduct of a trade or business of such tions end. ‘‘(3) PRO RATA SHARE.—A shareholder’s pro corporation in such foreign country, SEC. 203. PERMANENT EXTENSION OF EXCEP- rata share of any earnings and profits shall ‘‘(ii) the corporation maintains an office or TIONS FOR ACTIVE FINANCING IN- be determined in the same manner as under fixed place of business in such foreign coun- COME. section 951(a)(2).’’ try, and (a) EXCEPTION FROM INSURANCE INCOME.— (b) CONFORMING AMENDMENTS.— ‘‘(iii) officers and employees of the cor- Section 953(e)(10) is amended— (1) Clause (vi) of section 56(g)(4)(C), as poration physically located at such office or (1) by striking ‘‘and before January 1, amended by this Act, is amended— place of business in such foreign country 2012,’’, and (A) by striking ‘‘965’’ and inserting conducted (or significantly contributed to (2) by striking the last sentence. ‘‘965(b)’’, and the conduct of) activities within the foreign (b) EXCEPTION FROM FOREIGN PERSONAL (B) by inserting ‘‘AND INCLUSIONS’’ after country which are substantial in relation to HOLDING COMPANY INCOME.—Section 954(h)(9) ‘‘CERTAIN DISTRIBUTIONS’’ in the heading the activities necessary for the active con- is amended by striking ‘‘and before January thereof. duct of the trade or business to which such 1, 2012,’’. (2) Paragraph (2) of section 6601(b) is (c) EFFECTIVE DATE.—The amendments income is attributable. amended— made by this section shall apply to taxable ‘‘(B) EXCEPTION FOR INTANGIBLE INCOME.— (A) by striking ‘‘section 6156(a)’’ in the years of foreign corporations beginning after For purposes of subparagraph (A), qualified matter preceding subparagraph (A) and in- December 31, 2011, and to taxable years of business income of a controlled foreign cor- serting ‘‘section 965(d)(1) or 6156(a)’’, and United States shareholders with or within poration shall not include intangible income (B) by striking ‘‘section 6156(b)’’ in sub- which such taxable years of foreign corpora- (as defined in section 250(c)(3)). paragraph (A) and inserting ‘‘section 965(d)(2) tions end. ‘‘(4) DETERMINATION OF EFFECTIVE RATE OF or 6156(b), as the case may be’’. SEC. 204. FOREIGN BASE COMPANY INCOME NOT FOREIGN INCOME TAX AND QUALIFIED BUSINESS (3) The table of section for subpart F of TO INCLUDE SALES OR SERVICES IN- INCOME.— part III of subchapter N of chapter 1 is COME. ‘‘(A) COUNTRY-BY-COUNTRY DETERMINA- amended by striking the item relating to (a) REPEAL.—Paragraphs (2) and (3) of sec- TION.—For purposes of determining the effec- section 965 and inserting the following: tion 954(a) are repealed. tive rate of income tax imposed by any for- (b) CONFORMING AMENDMENTS.— ‘‘Sec. 965. Treatment of deferred foreign in- eign country under paragraph (1) and quali- (1) Section 954(d) is amended by adding at come upon transition to par- fied business income under paragraph (3), the end the following new paragraph: ticipation exemption system of each such paragraph shall be applied sepa- ‘‘(5) TERMINATION.—This subsection shall taxation.’’. rately with respect to— not apply to taxable years of foreign cor- (c) EFFECTIVE DATE.—The amendments ‘‘(i) each foreign country in which a con- porations beginning after December 31, 2012, made by this section shall apply to taxable trolled foreign corporation conducts any years of foreign corporations beginning after and to taxable years of United States share- trade or business, and holders with or within which such taxable December 31, 2012, and to taxable years of ‘‘(ii) the entire gross income and qualified United States shareholders with or within years of foreign corporations end.’’. business income derived with respect to such (2) Section 954(e) is amended by adding at which such taxable years of foreign corpora- foreign country. tions end. the end the following new paragraph: ‘‘(B) TREATMENT OF LOSSES.—For purposes ‘‘(3) TERMINATION.—This subsection shall TITLE II—OTHER INTERNATIONAL TAX of determining the effective rate of income not apply to taxable years of foreign cor- REFORMS tax imposed by any foreign country under porations beginning after December 31, 2012, Subtitle A—Modifications of Subpart F paragraph (1)— and to taxable years of United States share- SEC. 201. TREATMENT OF LOW-TAXED FOREIGN ‘‘(i) such effective rate shall be determined holders with or within which such taxable INCOME AS SUBPART F INCOME. without regard to any losses carried to the years of foreign corporations end.’’. (a) IN GENERAL.—Subsection (a) of section relevant taxable year, and (c) EFFECTIVE DATE.—The amendments 952 is amended by redesignating paragraphs ‘‘(ii) to the extent the income of the con- made by this section shall apply to taxable (3), (4), and (5) as paragraphs (4), (5), and (6), trolled foreign corporation reduces losses in years of foreign corporations beginning after respectively, and by inserting after para- the relevant taxable year, such effective rate December 31, 2012, and to taxable years of graph (2) the following new paragraph: shall be treated as being the effective rate United States shareholders with or within ‘‘(3) low-taxed income (as defined under which would have been imposed on such in- which such taxable years of foreign corpora- subsection (e)),’’. come without regard to such losses. tions end.

VerDate Mar 15 2010 05:24 Jun 04, 2013 Jkt 099060 PO 00000 Frm 00107 Fmt 4624 Sfmt 0634 J:\CRONLINE\2000-THRU-2012-ONLINE-CORRECTIONS\2012 RECORD ONLINE CORREC bjneal on DSK2TWX8P1PROD with S502 CONGRESSIONAL RECORD — SENATE February 9, 2012 Subtitle B—Modifications Related to Foreign ‘‘(i) IN GENERAL.—The term ‘foreign intan- ative. Education is the great equalizer. Tax Credit gible income’ has the meaning given such It enables upward economic mobility, SEC. 211. MODIFICATION OF APPLICATION OF term by section 250(c). and it breaks down class structures SECTIONS 902 AND 960 WITH RE- ‘‘(ii) COORDINATION.—Passive category in- that impair many countries’ ability to SPECT TO POST-2012 EARNINGS. come and general category income shall not grow their economies. A highly-skilled (a) SECTION 902 NOT TO APPLY TO DIVIDENDS include foreign intangible income.’’ FROM POST-2012 EARNINGS.—Section 902 is (2) GENERAL CATEGORY INCOME.—Section and educated workforce is the basis for amended by redesignating subsection (d) as 904(d)(2)(A)(ii) is amended by inserting ‘‘or a healthy economy, and it is the subsection (e) and by inserting after sub- foreign intangible income’’ after ‘‘passive linchpin to our economic future. section (c) the following new subsection: category income’’. In every major economic decision our ‘‘(d) SECTION NOT TO APPLY TO DIVIDENDS (c) EFFECTIVE DATES.— people make, they try to evaluate the FROM POST-2012 EARNINGS.— (1) IN GENERAL.—The amendments made by value of that decision. Like prospective ‘‘(1) IN GENERAL.—This section shall not this section shall apply to taxable years be- homeowners who inspect and assess the apply to the portion of any dividend paid by ginning after December 31, 2012. potential value of their future home, in a foreign corporation to the extent such por- (2) TRANSITIONAL RULE.—For purposes of tion is made out of earnings and profits of my view future students should be able section 904(d)(1) of the Internal Revenue to comparison shop and choose a school the foreign corporation (computed in accord- Code of 1986 (as amended by this Act)— ance with sections 964(a) and 986) accumu- (A) taxes carried from any taxable year be- and a program based on what their re- lated in taxable years beginning after De- ginning before January 1, 2013, to any tax- turn on investment will be. cember 31, 2012. able year beginning on or after such date, Our capital markets work best when ‘‘(2) COORDINATION WITH DISTRIBUTIONS with respect to any item of income, shall be we can accurately measure the value of FROM PRE-2013 EARNINGS AND PROFITS.—For treated as described in the subparagraph of the things we choose to invest in. We purposes of this section— such section 904(d)(1) in which such income saw what happens when this is not the ‘‘(A) ORDERING RULE.—Any distribution in would be described without regard to the case when the housing bubble burst, a taxable year beginning after December 31, amendments made by this section, and and our economy is still struggling to 2012, shall be treated as first made out of (B) any carryback of taxes with respect to earnings and profits of the foreign corpora- recover from the mortgage meltdown. foreign intangible income from a taxable In many instances, consumers who tion (computed in accordance with sections year beginning on or after January 1, 2013, to 964(a) and 986) accumulated in taxable years a taxable year beginning before such date didn’t have all the facts bought a prod- beginning before January 1, 2013. shall be allocated to the general income cat- uct based on misleading information ‘‘(B) POST-1986 UNDISTRIBUTED EARNINGS.— egory. and fell victim to predatory lenders Post-1986 undistributed earnings shall not in- SEC. 213. INVENTORY PROPERTY SALES SOURCE looking to make a profit off that grow- clude earnings and profits described in para- RULE EXCEPTIONS NOT TO APPLY ing bubble. graph (1).’’ FOR FOREIGN TAX CREDIT LIMITA- Consumers must know what they can (b) DETERMINATION OF SECTION 960 CREDIT TION. expect from their investments, and stu- ON CURRENT YEAR BASIS.—Section 960 is (a) IN GENERAL.—Section 904 is amended by amended by adding at the end the following dents are entitled to know the value of redesignating subsection (l) as subsection their education before they go out and new subsection: (m) and by inserting after subsection (k) the ‘‘(d) DEEMED PAID CREDIT FOR SUBPART F following new subsection: borrow tens of thousands of dollars INCLUSIONS ATTRIBUTABLE TO POST-2012 ‘‘(l) INVENTORY PROPERTY SALES SOURCE from the banks and from the govern- EARNINGS.— RULE EXCEPTIONS NOT TO APPLY.—Any ment to finance their choices. Right ‘‘(1) IN GENERAL.—For purposes of this sub- amount which would be treated as derived now, consumers don’t have this infor- part, if there is included in the gross income from sources without the United States by of a domestic corporation any amount under mation, though the information exists. reason of the application of section 862(a)(6) section 951(a)— It is unavailable to students and fami- or 863(b)(2) for any taxable year shall be ‘‘(A) with respect to any controlled foreign lies too often when they are making treated as derived from sources within the corporation with respect to which such do- perhaps the most important decisions United States for purposes of this section.’’. mestic corporation is a United States share- that affect their future—both their fi- (b) EFFECTIVE DATE.—The amendment holder, and made by this section shall apply to taxable nancial future and their career. ‘‘(B) which is attributable to the earnings years beginning after December 31, 2012. That is why today I am introducing and profits of the controlled foreign corpora- the Student Right to Know Before You tion (computed in accordance with sections Subtitle C—Allocation of Interest on Worldwide Basis Go Act, which would help college stu- 964(a) and 986) accumulated in taxable years dents get the information they need beginning after December 31, 2012, SEC. 221. ACCELERATION OF ELECTION TO ALLO- about their education. This proposal then subsections (a), (b), and (c) shall not CATE INTEREST ON A WORLDWIDE BASIS. would ensure that future students and apply and such domestic corporation shall be deemed to have paid so much of such foreign Section 864(f)(6) is amended by striking their families can make well-informed corporation’s foreign income taxes as are ‘‘December 31, 2020’’ and inserting ‘‘Decem- decisions by having access to informa- properly attributable to the amount so in- ber 31, tion on their expected average annual cluded. earnings after graduation; rates of re- By Mr. WYDEN: ‘‘(2) FOREIGN INCOME TAXES.—For purposes medial enrollment, credit accumula- of this subsection, the term ‘foreign income S. 2098. A bill to support statewide tion, and graduation; the average cost, taxes’ means any income, war profits, or ex- individual-level integrated postsec- both before and after financial aid, of cess profits taxes paid or accrued by the con- ondary education data systems, and for the program, and average debt upon trolled foreign corporation to any foreign other purposes; to the Committee on graduation; and, finally, the effects of country or possession of the United States. Health, Education, Labor, and Pen- remedial education and financial aid ‘‘(3) REGULATIONS.—The Secretary shall sions. on credential attainment and a greater provide such regulations as may be nec- Mr. WYDEN. Mr. President, when we essary or appropriate to carry out the provi- understanding of what student success sions of this subsection.’’. went to college, usually things were can mean. SEC. 212. SEPARATE FOREIGN TAX CREDIT BAS- different. Often a student took out a For markets to work, there has to be KET FOR FOREIGN INTANGIBLE IN- loan, but those loans were manageable, good information available, and until COME. and usually there were jobs waiting. now it has been extremely hard for stu- (a) IN GENERAL.—Paragraph (1) of section Today, too often that is not the case. dents and families to collect this data 904(d) is amended by striking ‘‘and’’ at the In fact, the students today who take end of subparagraph (A), by striking the pe- in a cost-effective way while at the riod at the end of subparagraph (B) and in- out loans will leave school weighed same time ensuring student privacy. serting ‘‘, and’’, and by adding at the end the down, on average, with $25,000 worth of However, the States, as we have seen following: debt. They are going to be trying to get so often—the Presiding Officer of the ‘‘(C) foreign intangible income (as defined into a labor market where there are Senate and I have talked about this in paragraph (2)(J)).’’. more than four unemployed Americans from time to time—the States have pi- (b) FOREIGN INTANGIBLE INCOME.— for every available job. loted their own programs and proved (1) IN GENERAL.—Section 904(d)(2) is amend- It has been noted that for the first ed by redesignating subparagraphs (J) and that the technology exists to enable (K) as subparagraphs (K) and (L) and by in- time student loan debt exceeds credit our ability to generate and share this serting after subparagraph (I) the following: card debt, and that now totals over $100 information in a way that students and ‘‘(J) FOREIGN INTANGIBLE INCOME.—For pur- billion. Now, clearly, investment in consumers can use while at the same poses of this section— higher education is an economic imper- time protecting their privacy.

VerDate Mar 15 2010 05:24 Jun 04, 2013 Jkt 099060 PO 00000 Frm 00108 Fmt 4624 Sfmt 0634 J:\CRONLINE\2000-THRU-2012-ONLINE-CORRECTIONS\2012 RECORD ONLINE CORREC bjneal on DSK2TWX8P1PROD with February 9, 2012 CONGRESSIONAL RECORD — SENATE S503 This technology, in my view, makes Whereas the Department of State has re- risk to regional peace and stability: Now, it possible to ensure a return on their peatedly condemned the Government of Syr- therefore, be it ia’s crackdown on its people, including on investment for students, for parents, Resolved, That the Senate— January 30, 2012, when Secretary of State for policymakers, and taxpayers. It is (1) strongly condemns the ongoing, wide- Hillary Clinton stated ‘‘The status quo is going to help us create a workforce spread, and systemic violations of human unsustainable.... The longer the Assad re- rights conducted by authorities in Syria, in- that meets the demands of the busi- gime continues its attacks on the Syrian nesses that employ it and ensures that people and stands in the way of a peaceful cluding the use of force against civilians, our workers can successfully compete transition, the greater the concern that in- torture, extrajudicial killings, arbitrary exe- in the global economy. stability will escalate and spill over cutions, sexual violence, and interference One last point, if I might. I think it throughout the region.’’; with access to medical treatment; is clear that access to higher education Whereas President Obama, on April 29, (2) maintains that Bashar al-Assad has lost is an integral part of the step ladder to 2011, designated 3 individuals subject to sanc- all claims to legitimacy due to the perpetua- tion of mass atrocities against the people of success and particularly success for the tions for humans rights abuses in Syria: Syria and continued violations of human middle class who built this country. Mahir al-Assad, the brother of Syrian Presi- dent Bashar al-Assad and brigade com- rights; Chairman HARKIN, of course, the chair- mander in the Syrian Army’s 4th Armored (3) calls upon Bashar al-Assad to step down man of our committee who deals with Division; Atif Najib, the former head of the from power; these issues, has probably done more Political Security Directorate for Daraa (4) strongly condemns the Governments of than any other Member in the Senate Province and a cousin of Bashar al-Assad; the Russian Federation and the Islamic Re- to put a focus on this issue and how im- and Ali Mamluk, director of Syria’s General public of Iran for providing military and se- portant it is to grow the middle class Intelligence Directorate; curity equipment to the Government of and address the big concerns they have Whereas, on May 18, 2011, President Obama Syria, which has been used to repress peace- faced. issued an executive order sanctioning senior ful demonstrations and commit mass atroc- Middle-class people haven’t had a pay officials of the Syrian Arab Republic and ities against unarmed civilian populations in raise in a full decade. It seems to me as their supporters, specifically designating Syria; seven people: President Bashar al-Assad, (5) commends the League of Arab States’ part of the agenda—and Chairman HAR- Vice President Farouk al-Shara, Prime Min- efforts to bring about a peaceful resolution KIN has had some excellent hearings on ister Adel Safar, Minister of the Interior Mo- in Syria; these higher education issues—one of hammad Ibrahim al-Shaar, Minister of De- (6) regrets that the League of Arab States the best ways we can come together on fense Ali Habib Mahmoud, Head of Syrian observer mission was not able to monitor the a bipartisan basis is to empower stu- Military Intelligence Abdul Fatah Qudsiya, full implementation of the League of Arab dents and empower families to be in and Director of Political Security Direc- States’ Action Plan of November 2, 2011, due torate Mohammed Dib Zaitoun; the best possible position to make the to the escalating violence in Syria; Whereas President Obama, on August 17, college choices that are going to pay (7) commends President Obama for author- 2011, issued Executive Order 13582, blocking off in the years ahead. izing targeted sanctions on human rights property of the Government of Syria and abusers in Syria and for extending these That is what this legislation, the prohibiting certain transactions with respect Right to Know Before You Go Act, to Syria; sanctions to 12 individuals; would do. I hope my colleagues will Whereas, on December 1, 2011, the Depart- (8) encourages the President to continue consider it in the days ahead. ment of the Treasury designated two individ- designating for sanctions all individuals re- uals, Aus Aslan and Muhammad Makhluf, sponsible for human rights violations in f under Executive Order 13573 and two entities, Syria; SUBMITTED RESOLUTIONS the Military Housing Establishment and the (9) urges the President to support an effec- Real Estate Bank of Syria, under Executive tive transition to democracy in Syria by Order 13582; identifying and providing substantial mate- SENATE RESOLUTION 370—CALL- Whereas, on May 6, 2011, the European rial and technical support, upon request, to Syrian organizations that are representative ING FOR DEMOCRATIC CHANGE Union’s 27 countries imposed sanctions on the Government of Syria for the human of the people of Syria, make demonstrable IN SYRIA rights abuses, including asset freezes and commitments to protect human rights and Mr. CASEY (for himself, Mr. RUBIO, visa bans on members of the Government of religious freedom, reject terrorism, cooper- Mrs. GILLIBRAND, Mrs. BOXER, Mr. Syria and an arms embargo on the country; ate with international counterterrorism and ISAKSON, Mr. DURBIN, and Mr. KYL) sub- Whereas, on November 12, 2011, the League nonproliferation efforts, and abstain from mitted the following resolution; which of Arab States voted to suspend Syria’s destabilizing neighboring countries; membership in the organization; (10) urges the President to develop a plan was referred to the Committee on For- Whereas, on December 2, 2011, the United eign Relations: to identify weapons stockpiles and prevent Nations Human Rights Council passed Reso- the proliferation of conventional, biological, S. RES. 370 lution S-18/1, which recalls General Assembly chemical, and other types of weapons in Whereas the Syrian Arab Republic is a sig- resolution A/RES/66/176 of December 19, 2011, Syria; natory to the International Covenant on as well as Human Rights Council resolutions (11) urges the Department of State to es- Civil and Political Rights (ICCPR), adopted S/16-1, S/17-1 and S/18-1, and further deplores tablish a ‘‘Friends of the Syrian People’’ at New York December 16, 1966, the United the human rights situation in Syria, com- Contact Group of countries committed to mends the League of Arab States, and sup- Nations Convention Against Torture and democratic change in Syria, including Tur- ports implementation of its Plan of Action; Other Cruel, Inhuman or Degrading Treat- key, members of the League of Arab States, ment or Punishment, done at New York De- Whereas the League of Arab States ap- and members of the European Union; cember 10, 1984, and the Universal Declara- proved and implemented a plan of action to (12) urges the Department of State to de- tion of Human Rights, adopted at Paris, De- send a team of international monitors to velop a strategy to encourage defections cember 10, 1948. Syria, which began December 26, 2011; from the military of the Government of Whereas, in March 2011, peaceful dem- Whereas, on January 28, 2012, the League of onstrations in Syria began against the au- Arab States decided to suspend its inter- Syria; thoritarian rule of Bashar al-Assad; national monitoring mission due to esca- (13) urges the President to diplomatically Whereas, in response to the demonstra- lating violence within Syria; engage with the Republic of Turkey and tions, the Government of Syria launched a Whereas, on February 4, 2012, the Russian members of the League of Arab States and brutal crackdown, which has resulted in Federation and People’s Republic of China the European Union to discuss options to gross human rights violations, use of force vetoed a United Nations Security Council protect the people of Syria, including the against civilians, torture, extrajudicial Resolution in support of the League of Arab provision of robust humanitarian assistance, killings, arbitrary executions, sexual vio- States’ Plan of Action; the viability of establishing a safe haven lence, and interference with access to med- Whereas the Governments of the Russian along the borders of Syria, and the use of all ical treatment; Federation and the Islamic Republic of Iran means available to monitor and publicly re- Whereas the United Nations estimated remain major suppliers of military equip- port on abuses inside the country; and that, as of January 25, 2012, more than 5,400 ment to the Government of Syria notwith- (14) urges the international community to people in Syria had been killed since the vio- standing that government’s violent repres- mobilize in support of a post-Assad demo- lence began in March 2011; sion of demonstrators; and cratic and inclusive Government of Syria Whereas, on August 18, 2011, President Whereas the gross human rights violations that holds accountable those responsible for Barack Obama called upon President Bashar perpetuated by the Government of Syria crimes against humanity and gross viola- al-Assad to step down from power; against the people of Syria represent a grave tions of human rights.

VerDate Mar 15 2010 05:24 Jun 04, 2013 Jkt 099060 PO 00000 Frm 00109 Fmt 4624 Sfmt 0634 J:\CRONLINE\2000-THRU-2012-ONLINE-CORRECTIONS\2012 RECORD ONLINE CORREC bjneal on DSK2TWX8P1PROD with S504 CONGRESSIONAL RECORD — SENATE February 9, 2012 SENATE RESOLUTION 371—DESIG- AMENDMENTS SUBMITTED AND bill S. 1813, supra; which was ordered to lie NATING THE WEEK OF FEB- PROPOSED on the table. RUARY 6 THROUGH 10, 2012, AS SA 1532. Mr. PAUL (for himself, Mr. VIT- SA 1513. Mr. BARRASSO submitted an TER, and Mr. ALEXANDER) submitted an ‘‘NATIONAL SCHOOL COUNSELING amendment intended to be proposed by him amendment intended to be proposed by him WEEK’’ to the bill S. 1813, to reauthorize Federal-aid to the bill S. 1813, supra; which was ordered highway and highway safety construction to lie on the table. Mrs. MURRAY (for herself, Ms. COL- programs, and for other purposes; which was SA 1533. Mr. MENENDEZ (for himself, Mr. LINS, Mr. LEVIN, Mr. SANDERS, Mr. ordered to lie on the table. KIRK, Mr. DURBIN, and Mr. LAUTENBERG) sub- SA 1514. Mr. BINGAMAN submitted an WEBB, Ms. KLOBUCHAR, Ms. STABENOW, mitted an amendment intended to be pro- amendment intended to be proposed by him and Ms. SNOWE) submitted the fol- posed by him to the bill S. 1813, supra; which to the bill S. 1813, supra; which was ordered was ordered to lie on the table. lowing resolution; which was consid- to lie on the table. ered and agreed to: SA 1515. Mr. REID (for Mr. JOHNSON of f South Dakota (for himself and Mr. SHELBY)) S. RES. 371 proposed an amendment to the bill S. 1813, TEXT OF AMENDMENTS supra. Whereas the American School Counselor Mr. BARRASSO submitted SA 1516. Mr. MCCAIN (for himself, Mr. CAR- SA 1513. Association has designated the week of Feb- an amendment intended to be proposed ruary 6 through 10, 2012, as ‘‘National School PER, Mr. COATS, and Mr. UDALL of Colorado) by him to the bill S. 1813, to reauthor- Counseling Week’’; submitted an amendment intended to be pro- Whereas the importance of school coun- posed by him to the bill S. 1813, supra; which ize Federal-aid highway and highway seling has been recognized through the inclu- was ordered to lie on the table. safety construction programs, and for SA 1517. Mr. COATS (for himself and Mr. sion of elementary- and secondary-school other purposes; which was ordered to LUGAR) submitted an amendment intended counseling programs in amendments to the lie on the table; as follows: to be proposed by him to the bill S. 1813, Elementary and Secondary Education Act of supra; which was ordered to lie on the table. On page 354, line 14, strike the quotation 1965 (20 U.S.C. 6301 et seq.); SA 1518. Mr. COATS submitted an amend- mark and the following period. Whereas school counselors have long advo- ment intended to be proposed by him to the On page 354, between lines 14 and 15, insert cated that the education system of the bill S. 1813, supra; which was ordered to lie the following: United States must provide equitable oppor- on the table. ‘‘(6) REDUCED REGULATORY BURDENS.—To tunities for all students; SA 1519. Mr. COATS submitted an amend- reduce excessive regulatory burdens that Whereas personal and social growth results ment intended to be proposed by him to the hinder job growth, project and program de- in increased academic achievement; bill S. 1813, supra; which was ordered to lie livery, and cost reductions.’’. Whereas school counselors help develop on the table. well-rounded students by guiding the stu- SA 1520. Mr. BLUNT (for himself, Mr. SA 1514. Mr. BINGAMAN submitted dents through academic, personal, social, MCCONNELL, Mr. JOHANNS, Mr. WICKER, Mr. an amendment intended to be proposed and career development; HATCH, Ms. AYOTTE, Mr. RUBIO, Mr. NELSON by him to the bill S. 1813, to reauthor- Whereas school counselors assist with and of Nebraska, Mr. ROBERTS, Mr. MCCAIN, Mr. ize Federal-aid highway and highway coordinate efforts to foster a positive school KYL, Mr. COATS, Mr. BARRASSO, Mr. TOOMEY, safety construction programs, and for culture resulting in a safer learning environ- Mr. LUGAR, Mr. CORNYN, Mr. BOOZMAN, Mr. other purposes; which was ordered to ment for all students; PAUL, Mr. HOEVEN, and Mr. GRAHAM) sub- lie on the table; as follows: mitted an amendment intended to be pro- Whereas school counselors have been in- posed by him to the bill S. 1813, supra; which On page 45, between lines 16 and 17, insert strumental in helping students, teachers, was ordered to lie on the table. the following: and parents deal with personal trauma as SA 1521. Mr. WICKER (for himself and Mr. ‘‘(C) FURTHER ADJUSTMENT FOR PRIVATIZED well as tragedies in the community and the VITTER) submitted an amendment intended HIGHWAYS.— United States; to be proposed by him to the bill S. 1813, ‘‘(i) DEFINITION OF PRIVATIZED HIGHWAY.—In Whereas students face myriad challenges supra; which was ordered to lie on the table. this subparagraph, the term ‘privatized high- every day, including peer pressure, depres- SA 1522. Mr. NELSON of Nebraska (for way’ means a highway subject to an agree- sion, the deployment of family members to himself and Ms. KLOBUCHAR) submitted an ment giving a private entity— serve in conflicts overseas, and school vio- amendment intended to be proposed by him ‘‘(I) control over the operation of the high- lence; to the bill S. 1813, supra; which was ordered way; and Whereas school counselors are one of the to lie on the table. ‘‘(II) ownership over the toll revenues col- few professionals in a school building who SA 1523. Mr. NELSON of Nebraska (for lected from the operation of the highway. are trained in both education and mental- himself and Mr. JOHANNS) submitted an ‘‘(ii) ADJUSTMENT.—After making the ad- health matters; amendment intended to be proposed by him justments to the apportionment of a State under subparagraphs (A) and (B), the Sec- Whereas the roles and responsibilities of to the bill S. 1813, supra; which was ordered retary shall further adjust the amount to be school counselors are often misunderstood; to lie on the table. apportioned to the State by reducing the ap- Whereas the school-counselor position is SA 1524. Mr. PAUL submitted an amend- portionment by an amount equal to the often among the first to be eliminated to ment intended to be proposed by him to the bill S. 1813, supra; which was ordered to lie product obtained by multiplying— meet budgetary constraints; on the table. ‘‘(I) the amount to be apportioned to the Whereas the national average ratio of stu- SA 1525. Mr. PAUL submitted an amend- State, as so adjusted under those subpara- dents to school counselors of 459 to 1 is al- ment intended to be proposed by him to the graphs; and most twice that of the ratio of 250 to 1 rec- bill S. 1813, supra; which was ordered to lie ‘‘(II) the percentage described in clause ommended by the American School Coun- on the table. (iii). selor Association, the American Counseling SA 1526. Mr. PAUL submitted an amend- ‘‘(iii) PERCENTAGE.—The percentage re- Association, the National Association for ment intended to be proposed by him to the ferred to in clause (ii) is the percentage College Admission Counseling, and other or- bill S. 1813, supra; which was ordered to lie equal to the sum obtained by adding— ganizations; and on the table. ‘‘(I) the product obtained by multiplying— Whereas the celebration of National SA 1527. Mr. PAUL submitted an amend- ‘‘(aa) 1⁄2; and School Counseling Week would increase ment intended to be proposed by him to the ‘‘(bb) the proportion that— awareness of the important and necessary bill S. 1813, supra; which was ordered to lie ‘‘(AA) the total number of privatized lane role school counselors play in the lives of on the table. miles of National Highway System routes in students in the United States: Now, there- SA 1528. Mr. PAUL submitted an amend- a State; bears to fore, be it ment intended to be proposed by him to the ‘‘(BB) the total number of all lane miles of bill S. 1813, supra; which was ordered to lie National Highway System routes in the Resolved, That the Senate— on the table. State; and (1) designates the week of February 6 SA 1529. Mr. PAUL (for himself and Mr. ‘‘(II) the product obtained by multiplying— through 10, 2012, as ‘‘National School Coun- DEMINT) submitted an amendment intended ‘‘(aa) 1⁄2; and seling Week’’; and to be proposed by him to the bill S. 1813, ‘‘(bb) the proportion that— (2) encourages the people of the United supra; which was ordered to lie on the table. ‘‘(AA) the total number of vehicle miles States to observe the week with appropriate SA 1530. Mr. PAUL submitted an amend- traveled on privatized lanes on National ceremonies and activities that promote ment intended to be proposed by him to the Highway System routes in the State; bears awareness of the role school counselors play bill S. 1813, supra; which was ordered to lie to in the school and the community at large in on the table. ‘‘(BB) the total number of vehicle miles preparing students for fulfilling lives as con- SA 1531. Mr. PAUL submitted an amend- traveled on all lanes on National Highway tributing members of society. ment intended to be proposed by him to the System routes in the State.’’.

VerDate Mar 15 2010 05:24 Jun 04, 2013 Jkt 099060 PO 00000 Frm 00110 Fmt 4624 Sfmt 0634 J:\CRONLINE\2000-THRU-2012-ONLINE-CORRECTIONS\2012 RECORD ONLINE CORREC bjneal on DSK2TWX8P1PROD with February 9, 2012 CONGRESSIONAL RECORD — SENATE S505 SA 1515. Mr. REID (for Mr. JOHNSON ‘‘§ 5301. Policies, purposes, and goals ‘‘(D) pedestrian access and walkways; of South Dakota (for himself and Mr. ‘‘(a) DECLARATION OF POLICY.—It is in the ‘‘(E) bicycle access, including bicycle stor- SHELBY)) proposed an amendment to interest of the United States, including the age facilities and installing equipment for the bill S. 1813, to reauthorize Federal- economic interest of the United States, to transporting bicycles on public transpor- tation vehicles; aid highway and highway safety con- foster the development and revitalization of public transportation systems. ‘‘(F) signage; or struction programs, and for other pur- ‘‘(b) GENERAL PURPOSES.—The purposes of ‘‘(G) enhanced access for persons with dis- poses; as follows: this chapter are to— abilities to public transportation. At the end add the following: ‘‘(1) provide funding to support public ‘‘(2) BUS RAPID TRANSIT SYSTEM.—The term DIVISION D—PUBLIC TRANSPORTATION transportation; ‘bus rapid transit system’ means a bus tran- ‘‘(2) improve the development and delivery sit system— SEC. 40001. SHORT TITLE; TABLE OF CONTENTS. of capital projects; ‘‘(A) in which the majority of each line op- (a) SHORT TITLE.—This division may be ‘‘(3) initiate a new framework for improv- erates in a separated right-of-way dedicated cited as the ‘‘Federal Public Transportation ing the safety of public transportation sys- Act of 2012’’. for public transportation use during peak pe- tems; riods; and (b) TABLE OF CONTENTS.—The table of con- ‘‘(4) establish standards for the state of tents for this division is as follows: ‘‘(B) that includes features that emulate good repair of public transportation infra- the services provided by rail fixed guideway Sec. 40001. Short title; table of contents. structure and vehicles; public transportation systems, including— Sec. 40002. Repeals. ‘‘(5) promote continuing, cooperative, and ‘‘(i) defined stations; Sec. 40003. Policies, purposes, and goals. comprehensive planning that improves the ‘‘(ii) traffic signal priority for public trans- Sec. 40004. Definitions. performance of the transportation network; Sec. 40005. Metropolitan transportation portation vehicles; ‘‘(6) establish a technical assistance pro- ‘‘(iii) short headway bidirectional services planning. gram to assist recipients under this chapter Sec. 40006. Statewide and nonmetropolitan for a substantial part of weekdays and week- to more effectively and efficiently provide end days; and transportation planning. public transportation service; Sec. 40007. Public Transportation Emer- ‘‘(iv) any other features the Secretary may ‘‘(7) continue Federal support for public gency Relief Program. determine are necessary to produce high- transportation providers to deliver high Sec. 40008. Urbanized area formula grants. quality public transportation services that quality service to all users, including indi- Sec. 40009. Clean fuel grant program. emulate the services provided by rail fixed Sec. 40010. Fixed guideway capital invest- viduals with disabilities, seniors, and indi- guideway public transportation systems. ment grants. viduals who depend on public transportation; ‘‘(3) CAPITAL PROJECT.—The term ‘capital Sec. 40011. Formula grants for the enhanced ‘‘(8) support research, development, dem- project’ means a project for— mobility of seniors and individ- onstration, and deployment projects dedi- ‘‘(A) acquiring, constructing, supervising, uals with disabilities. cated to assisting in the delivery of efficient or inspecting equipment or a facility for use Sec. 40012. Formula grants for other than and effective public transportation service; in public transportation, expenses incidental urbanized areas. and to the acquisition or construction (including Sec. 40013. Research, development, dem- ‘‘(9) promote the development of the public designing, engineering, location surveying, onstration, and deployment transportation workforce. mapping, and acquiring rights-of-way), pay- ‘‘(c) NATIONAL GOALS.—The goals of this projects. ments for the capital portions of rail track- Sec. 40014. Technical assistance and stand- chapter are to— age rights agreements, transit-related intel- ards development. ‘‘(1) increase the availability and accessi- ligent transportation systems, relocation as- Sec. 40015. Bus testing facilities. bility of public transportation across a bal- sistance, acquiring replacement housing Sec. 40016. Public transportation workforce anced, multimodal transportation network; sites, and acquiring, constructing, relo- development and human re- ‘‘(2) promote the environmental benefits of cating, and rehabilitating replacement hous- source programs. public transportation, including reduced re- ing; Sec. 40017. General provisions. liance on fossil fuels, fewer harmful emis- ‘‘(B) rehabilitating a bus; Sec. 40018. Contract requirements. sions, and lower public health expenditures; ‘‘(C) remanufacturing a bus; Sec. 40019. Transit asset management. ‘‘(3) improve the safety of public transpor- ‘‘(D) overhauling rail rolling stock; Sec. 40020. Project management oversight. tation systems; ‘‘(E) preventive maintenance; Sec. 40021. Public transportation safety. ‘‘(4) achieve and maintain a state of good ‘‘(F) leasing equipment or a facility for use Sec. 40022. Alcohol and controlled sub- repair of public transportation infrastruc- in public transportation, subject to regula- stances testing. ture and vehicles; tions that the Secretary prescribes limiting Sec. 40023. Nondiscrimination. ‘‘(5) provide an efficient and reliable alter- the leasing arrangements to those that are Sec. 40024. Labor standards. native to congested roadways; more cost-effective than purchase or con- Sec. 40025. Administrative provisions. ‘‘(6) increase the affordability of transpor- struction; Sec. 40026. National transit database. tation for all users; and ‘‘(G) a joint development improvement Sec. 40027. Apportionment of appropriations ‘‘(7) maximize economic development op- that— for formula grants. portunities by— ‘‘(i) enhances economic development or in- Sec. 40028. State of good repair grants. ‘‘(A) connecting workers to jobs; corporates private investment, such as com- Sec. 40029. Authorizations. ‘‘(B) encouraging mixed-use, transit-ori- mercial and residential development; Sec. 40030. Apportionments based on grow- ented development; and ‘‘(ii)(I) enhances the effectiveness of public ing States and high density ‘‘(C) leveraging private investment and transportation and is related physically or States formula factors. joint development.’’. functionally to public transportation; or Sec. 40031. Technical and conforming SEC. 40004. DEFINITIONS. ‘‘(II) establishes new or enhanced coordina- amendments. Section 5302 of title 49, United States Code, tion between public transportation and other SEC. 40002. REPEALS. is amended to read as follows: transportation; (a) CHAPTER 53.—Chapter 53 of title 49, ‘‘§ 5302. Definitions ‘‘(iii) provides a fair share of revenue that United States Code, is amended by striking ‘‘Except as otherwise specifically provided, will be used for public transportation; sections 5316, 5317, 5321, 5324, 5328, and 5339. in this chapter the following definitions ‘‘(iv) provides that a person making an (b) TRANSPORTATION EQUITY ACT FOR THE apply: agreement to occupy space in a facility con- 21ST CENTURY.—Section 3038 of the Transpor- ‘‘(1) ASSOCIATED TRANSIT IMPROVEMENT.— structed under this paragraph shall pay a tation Equity Act for the 21st Century (49 The term ‘associated transit improvement’ fair share of the costs of the facility through U.S.C. 5310 note) is repealed. means, with respect to any project or an rental payments and other means; (c) SAFETEA–LU.—The following provi- area to be served by a project, projects that ‘‘(v) may include— sions are repealed: are designed to enhance public transpor- ‘‘(I) property acquisition; (1) Section 3009(i) of SAFETEA–LU (Public tation service or use and that are physically ‘‘(II) demolition of existing structures; Law 109–59; 119 Stat. 1572). or functionally related to transit facilities. ‘‘(III) site preparation; (2) Section 3011(c) of SAFETEA–LU (49 Eligible projects are— ‘‘(IV) utilities; U.S.C. 5309 note). ‘‘(A) historic preservation, rehabilitation, ‘‘(V) building foundations; (3) Section 3012(b) of SAFETEA–LU (49 and operation of historic public transpor- ‘‘(VI) walkways; U.S.C. 5310 note). tation buildings, structures, and facilities ‘‘(VII) pedestrian and bicycle access to a (4) Section 3045 of SAFETEA–LU (49 U.S.C. (including historic bus and railroad facili- public transportation facility; 5308 note). ties) intended for use in public transpor- ‘‘(VIII) construction, renovation, and im- (5) Section 3046 of SAFETEA–LU (49 U.S.C. tation service; provement of intercity bus and intercity rail 5338 note). ‘‘(B) bus shelters; stations and terminals; SEC. 40003. POLICIES, PURPOSES, AND GOALS. ‘‘(C) landscaping and streetscaping, includ- ‘‘(IX) renovation and improvement of his- Section 5301 of title 49, United States Code, ing benches, trash receptacles, and street toric transportation facilities; is amended to read as follows: lights; ‘‘(X) open space;

VerDate Mar 15 2010 05:24 Jun 04, 2013 Jkt 099060 PO 00000 Frm 00111 Fmt 4624 Sfmt 0634 J:\CRONLINE\2000-THRU-2012-ONLINE-CORRECTIONS\2012 RECORD ONLINE CORREC bjneal on DSK2TWX8P1PROD with S506 CONGRESSIONAL RECORD — SENATE February 9, 2012 ‘‘(XI) safety and security equipment and ‘‘(B) prescribed by the Secretary as the re- Columbia, Puerto Rico, the Northern Mar- facilities (including lighting, surveillance, sult of a finding that a delay in the effective iana Islands, Guam, American Samoa, and and related intelligent transportation sys- date of the regulation— the Virgin Islands. tem applications); ‘‘(i) would injure seriously an important ‘‘(18) STATE OF GOOD REPAIR.—The term ‘‘(XII) facilities that incorporate commu- public interest; ‘state of good repair’ has the meaning given nity services such as daycare or health care; ‘‘(ii) would frustrate substantially legisla- that term by the Secretary, by rule, under ‘‘(XIII) a capital project for, and improv- tive policy and intent; or section 5326(b). ing, equipment or a facility for an inter- ‘‘(iii) would damage seriously a person or ‘‘(19) TRANSIT.—The term ‘transit’ means modal transfer facility or transportation class without serving an important public in- public transportation. mall; and terest. ‘‘(20) URBAN AREA.—The term ‘urban area’ ‘‘(XIV) construction of space for commer- ‘‘(7) FIXED GUIDEWAY.—The term ‘fixed means an area that includes a municipality cial uses; and guideway’ means a public transportation fa- or other built-up place that the Secretary, ‘‘(vi) does not include outfitting of com- cility— after considering local patterns and trends of mercial space (other than an intercity bus or ‘‘(A) using and occupying a separate right- urban growth, decides is appropriate for a rail station or terminal) or a part of a public of-way for the exclusive use of public trans- local public transportation system to serve facility not related to public transportation; portation; individuals in the locality. ‘‘(H) the introduction of new technology, ‘‘(B) using rail; ‘‘(21) URBANIZED AREA.—The term ‘urban- through innovative and improved products, ‘‘(C) using a fixed catenary system; ized area’ means an area encompassing a ‘‘(D) for a passenger ferry system; or into public transportation; population of not less than 50,000 people that ‘‘(E) for a bus rapid transit system. ‘‘(I) the provision of nonfixed route para- has been defined and designated in the most ‘‘(8) GOVERNOR.—The term ‘Governor’— transit transportation services in accordance recent decennial census as an ‘urbanized ‘‘(A) means the Governor of a State, the with section 223 of the Americans with Dis- area’ by the Secretary of Commerce.’’. mayor of the District of Columbia, and the abilities Act of 1990 (42 U.S.C. 12143), but only SEC. 40005. METROPOLITAN TRANSPORTATION chief executive officer of a territory of the for grant recipients that are in compliance PLANNING. United States; and with applicable requirements of that Act, in- (a) IN GENERAL.—Section 5303 of title 49, ‘‘(B) includes the designee of the Governor. cluding both fixed route and demand respon- United States Code, is amended to read as ‘‘(9) LOCAL GOVERNMENTAL AUTHORITY.— follows: sive service, and only for amounts not to ex- The term ‘local governmental authority’ in- ‘‘§ 5303. Metropolitan transportation planning ceed 10 percent of such recipient’s annual cludes— formula apportionment under sections 5307 ‘‘(A) a political subdivision of a State; ‘‘(a) POLICY.—It is in the national inter- and 5311; ‘‘(B) an authority of at least 1 State or po- est— ‘‘(J) establishing a debt service reserve, litical subdivision of a State; ‘‘(1) to encourage and promote the safe, made up of deposits with a bondholder’s ‘‘(C) an Indian tribe; and cost-effective, and efficient management, op- trustee, to ensure the timely payment of ‘‘(D) a public corporation, board, or com- eration, and development of surface trans- principal and interest on bonds issued by a mission established under the laws of a portation systems that will serve efficiently grant recipient to finance an eligible project State. the mobility needs of individuals and freight, under this chapter; ‘‘(10) LOW-INCOME INDIVIDUAL.—The term reduce transportation-related fatalities and ‘‘(K) mobility management— ‘low-income individual’ means an individual serious injuries, and foster economic growth ‘‘(i) consisting of short-range planning and whose family income is at or below 150 per- and development within and between States management activities and projects for im- cent of the poverty line, as that term is de- and urbanized areas, while fitting the needs proving coordination among public transpor- fined in section 673(2) of the Community and complexity of individual communities, tation and other transportation service pro- Services Block Grant Act (42 U.S.C. 9902(2)), maximizing value for taxpayers, leveraging viders carried out by a recipient or sub- including any revision required by that sec- cooperative investments, and minimizing recipient through an agreement entered into tion, for a family of the size involved. transportation-related fuel consumption and with a person, including a governmental en- ‘‘(11) NET PROJECT COST.—The term ‘net air pollution through the metropolitan and tity, under this chapter (other than section project cost’ means the part of a project that statewide transportation planning processes 5309); but reasonably cannot be financed from reve- identified in this chapter; ‘‘(ii) excluding operating public transpor- nues. ‘‘(2) to encourage the continued improve- tation services; or ‘‘(12) NEW BUS MODEL.—The term ‘new bus ment, evolution, and coordination of the ‘‘(L) associated capital maintenance, in- model’ means a bus model (including a model metropolitan and statewide transportation cluding— using alternative fuel)— planning processes by and among metropoli- ‘‘(i) equipment, tires, tubes, and material, ‘‘(A) that has not been used in public trans- tan planning organizations, State depart- each costing at least .5 percent of the cur- portation in the United States before the ments of transportation, regional planning rent fair market value of rolling stock com- date of production of the model; or organizations, interstate partnerships, and parable to the rolling stock for which the ‘‘(B) used in public transportation in the public transportation and intercity service equipment, tires, tubes, and material are to United States, but being produced with a operators as guided by the planning factors be used; and major change in configuration or compo- identified in subsection (h) of this section ‘‘(ii) reconstruction of equipment and ma- nents. and section 5304(d); terial, each of which after reconstruction ‘‘(13) PUBLIC TRANSPORTATION.—The term ‘‘(3) to encourage and promote transpor- will have a fair market value of at least .5 ‘public transportation’— tation needs and decisions that are inte- percent of the current fair market value of ‘‘(A) means regular, continuing shared-ride grated with other planning needs and prior- rolling stock comparable to the rolling stock surface transportation services that are open ities; and for which the equipment and material will be to the general public or open to a segment of ‘‘(4) to maximize the effectiveness of trans- used. the general public defined by age, disability, portation investments. ‘‘(4) DESIGNATED RECIPIENT.—The term or low income; and ‘‘(b) DEFINITIONS.—In this section and sec- ‘designated recipient’ means— ‘‘(B) does not include— tion 5304, the following definitions shall ‘‘(A) an entity designated, in accordance ‘‘(i) intercity passenger rail transportation apply: with the planning process under sections 5303 provided by the entity described in chapter ‘‘(1) EXISTING MPO.—The term ‘existing and 5304, by the Governor of a State, respon- 243 (or a successor to such entity); MPO’ means a metropolitan planning organi- sible local officials, and publicly owned oper- ‘‘(ii) intercity bus service; zation that was designated as a metropolitan ators of public transportation, to receive and ‘‘(iii) charter bus service; planning organization as of the day before apportion amounts under section 5336 to ur- ‘‘(iv) school bus service; the date of enactment of the Federal Public banized areas of 200,000 or more in popu- ‘‘(v) sightseeing service; Transportation Act of 2012. lation; or ‘‘(vi) courtesy shuttle service for patrons ‘‘(2) LOCAL OFFICIAL.—The term ‘local offi- ‘‘(B) a State or regional authority, if the of one or more specific establishments; or cial’ means any elected or appointed official authority is responsible under the laws of a ‘‘(vii) intra-terminal or intra-facility shut- of general purpose local government with re- State for a capital project and for financing tle services. sponsibility for transportation in a des- and directly providing public transportation. ‘‘(14) REGULATION.—The term ‘regulation’ ignated area. ‘‘(5) DISABILITY.—The term ‘disability’ has means any part of a statement of general or ‘‘(3) MAINTENANCE AREA.—The term ‘main- the same meaning as in section 3(1) of the particular applicability of the Secretary de- tenance area’ means an area that was des- Americans with Disabilities Act of 1990 (42 signed to carry out, interpret, or prescribe ignated as an air quality nonattainment U.S.C. 12102). law or policy in carrying out this chapter. area, but was later redesignated by the Ad- ‘‘(6) EMERGENCY REGULATION.—The term ‘‘(15) SECRETARY.—The term ‘Secretary’ ministrator of the Environmental Protection ‘emergency regulation’ means a regulation— means the Secretary of Transportation. Agency as an air quality attainment area, ‘‘(A) that is effective temporarily before ‘‘(16) SENIOR.—The term ‘senior’ means an under section 107(d) of the Clean Air Act (42 the expiration of the otherwise specified pe- individual who is 65 years of age or older. U.S.C. 7407(d)). riods of time for public notice and comment ‘‘(17) STATE.—The term ‘State’ means a ‘‘(4) METROPOLITAN PLANNING AREA.—The under section 5334(c); and State of the United States, the District of term ‘metropolitan planning area’ means a

VerDate Mar 15 2010 05:24 Jun 04, 2013 Jkt 099060 PO 00000 Frm 00112 Fmt 4624 Sfmt 0634 J:\CRONLINE\2000-THRU-2012-ONLINE-CORRECTIONS\2012 RECORD ONLINE CORREC bjneal on DSK2TWX8P1PROD with February 9, 2012 CONGRESSIONAL RECORD — SENATE S507 geographical area determined by agreement ment program’ means a program developed the date on which the existing MPO is redes- between the metropolitan planning organiza- by a metropolitan planning organization ignated under paragraph (6) unless— tion for the area and the applicable Governor under subsection (j). ‘‘(i) the existing MPO requests that its under subsection (c). ‘‘(17) URBANIZED AREA.—The term ‘urban- planning responsibilities be transferred to ‘‘(5) METROPOLITAN PLANNING ORGANIZA- ized area’ means a geographical area with a the State or to another planning organiza- TION.—The term ‘metropolitan planning or- population of 50,000 or more individuals, as tion designated by the State; or ganization’ means the policy board of an or- calculated according to the most recent de- ‘‘(ii)(I) the applicable Governor determines ganization established pursuant to sub- cennial census. not later than 3 years after the date on section (c). ‘‘(c) DESIGNATION OF METROPOLITAN PLAN- which the Secretary issues a rule pursuant ‘‘(6) METROPOLITAN TRANSPORTATION NING ORGANIZATIONS.— to subsection (e)(4)(B)(i), that the existing PLAN.—The term ‘metropolitan transpor- ‘‘(1) IN GENERAL.—To carry out the metro- MPO is not meeting the minimum require- tation plan’ means a plan developed by a politan transportation planning process ments established by the rule; and metropolitan planning organization under under this section, a metropolitan planning ‘‘(II) the Secretary approves the Gov- subsection (i). organization shall be designated for each ur- ernor’s determination. ‘‘(7) NONATTAINMENT AREA.—The term ‘non- banized area with a population of 200,000 or ‘‘(C) DESIGNATION AS TIER II MPO.—If the attainment area’ has the meaning given the more individuals, as calculated according to Secretary determines the existing MPO has term in section 171 of the Clean Air Act (42 the most recent decennial census— met the minimum requirements under the U.S.C. 7501). ‘‘(A) by agreement between the applicable rule issued under subsection (e)(4)(B)(i), the ‘‘(8) NONMETROPOLITAN AREA.— Governor and local officials that, in the ag- Secretary shall designate the existing MPO ‘‘(A) IN GENERAL.—The term ‘nonmetro- gregate, represent at least 75 percent of the as a tier II MPO. politan area’ means a geographical area out- affected population (including the largest in- ‘‘(6) REDESIGNATION.— side the boundaries of a designated metro- corporated city (based on population), as cal- ‘‘(A) IN GENERAL.—The designation of a politan planning area. culated according to the most recent decen- metropolitan planning organization under ‘‘(B) INCLUSIONS.—The term ‘nonmetropoli- nial census); or this subsection shall remain in effect until tan area’ includes a small urbanized area ‘‘(B) in accordance with procedures estab- the date on which the metropolitan planning with a population of more than 50,000, but lished by applicable State or local law. organization is redesignated, as appropriate, fewer than 200,000 individuals, as calculated ‘‘(2) SMALL URBANIZED AREAS.—To carry in accordance with the requirements of this according to the most recent decennial cen- out the metropolitan transportation plan- subsection pursuant to an agreement be- sus, and a nonurbanized area. ning process under this section, a metropoli- tween— ‘‘(9) NONMETROPOLITAN PLANNING ORGANIZA- tan planning organization may be designated ‘‘(i) the applicable Governor; and TION.—The term ‘nonmetropolitan planning for any urbanized area with a population of ‘‘(ii) affected local officials who, in the ag- organization’ means an organization that— 50,000 or more individuals, but fewer than gregate, represent at least 75 percent of the ‘‘(A) was designated as a metropolitan 200,000 individuals, as calculated according existing metropolitan planning area popu- planning organization as of the day before to the most recent decennial census— lation (including the largest incorporated the date of enactment of the Federal Public ‘‘(A) by agreement between the applicable city (based on population), as calculated ac- Transportation Act of 2012; and Governor and local officials that, in the ag- cording to the most recent decennial census). ‘‘(B) is not designated as a tier I MPO or gregate, represent at least 75 percent of the ‘‘(B) RESTRUCTURING.—A metropolitan tier II MPO. affected population (including the largest in- planning organization may be restructured ‘‘(10) REGIONALLY SIGNIFICANT.—The term corporated city (based on population), as cal- to meet the requirements of paragraph (3) ‘regionally significant’, with respect to a culated according to the most recent decen- without undertaking a redesignation. transportation project, program, service, or nial census); and ‘‘(7) DESIGNATION OF MULTIPLE MPOS.— strategy, means a project, program, service, ‘‘(B) with the consent of the Secretary, ‘‘(A) IN GENERAL.—More than 1 metropoli- or strategy that— based on a finding that the resulting metro- tan planning organization may be designated ‘‘(A) serves regional transportation needs politan planning organization has met the within an existing metropolitan planning (such as access to and from the area outside minimum requirements under subsection area only if the applicable Governor and an of the region, major activity centers in the (e)(4)(B). existing MPO determine that the size and region, and major planned developments); ‘‘(3) STRUCTURE.—Not later than 1 year complexity of the existing metropolitan and after the date of enactment of the Federal planning area make the designation of more ‘‘(B) would normally be included in the Public Transportation Act of 2012, a metro- than 1 metropolitan planning organization modeling of a transportation network of a politan planning organization shall consist for the metropolitan planning area appro- metropolitan area. of— priate. ‘‘(11) RURAL PLANNING ORGANIZATION.—The ‘‘(A) elected local officials in the relevant ‘‘(B) SERVICE JURISDICTIONS.—If more than term ‘rural planning organization’ means a metropolitan area; 1 metropolitan planning organization is des- voluntary organization of local elected offi- ‘‘(B) officials of public agencies that ad- ignated for an existing metropolitan plan- cials and representatives of local transpor- minister or operate major modes of transpor- ning area under subparagraph (A), the exist- tation systems that— tation in the relevant metropolitan area, in- ing metropolitan planning area shall be split ‘‘(A) works in cooperation with the depart- cluding providers of public transportation; into multiple metropolitan planning areas, ment of transportation (or equivalent entity) and each of which shall be served by the existing of a State to plan transportation networks ‘‘(C) appropriate State officials. MPO or a new metropolitan planning organi- and advise officials of the State on transpor- ‘‘(4) EFFECT OF SUBSECTION.—Nothing in zation. tation planning; and this subsection interferes with any authority ‘‘(C) TIER DESIGNATION.—The tier designa- ‘‘(B) is located in a rural area— under any State law in effect on December tion of each metropolitan planning organiza- ‘‘(i) with a population of not fewer than 18, 1991, of a public agency with multimodal tion subject to a designation under this para- 5,000 individuals, as calculated according to transportation responsibilities— graph shall be determined based on the size the most recent decennial census; and ‘‘(A) to develop the metropolitan transpor- of each respective metropolitan planning ‘‘(ii) that is not located in an area rep- tation plans and transportation improve- area, in accordance with subsection (e)(4). resented by a metropolitan planning organi- ment programs for adoption by a metropoli- ‘‘(d) METROPOLITAN PLANNING AREA BOUND- zation. tan planning organization; or ARIES.— ‘‘(12) STATEWIDE TRANSPORTATION IMPROVE- ‘‘(B) to develop capital plans, coordinate ‘‘(1) IN GENERAL.—For purposes of this sec- MENT PROGRAM.—The term ‘statewide trans- public transportation services and projects, tion, the boundaries of a metropolitan plan- portation improvement program’ means a or carry out other activities pursuant to ning area shall be determined by agreement statewide transportation improvement pro- State law. between the applicable metropolitan plan- gram developed by a State under section ‘‘(5) CONTINUING DESIGNATION.—A designa- ning organization and the Governor of the 5304(g). tion of an existing MPO— State in which the metropolitan planning ‘‘(13) STATEWIDE TRANSPORTATION PLAN.— ‘‘(A) for an urbanized area with a popu- area is located. The term ‘statewide transportation plan’ lation of 200,000 or more individuals, as cal- ‘‘(2) INCLUDED AREA.—Each metropolitan means a plan developed by a State under sec- culated according to the most recent decen- planning area— tion 5304(f). nial census, shall remain in effect— ‘‘(A) shall encompass at least the relevant ‘‘(14) TIER I MPO.—The term ‘tier I MPO’ ‘‘(i) for the period during which the struc- existing urbanized area and any contiguous means a metropolitan planning organization ture of the existing MPO complies with the area expected to become urbanized within a designated as a tier I MPO under subsection requirements of paragraph (1); or 20-year forecast period under the applicable (e)(4)(A). ‘‘(ii) until the date on which the existing metropolitan transportation plan; and ‘‘(15) TIER II MPO.—The term ‘tier II MPO’ MPO is redesignated under paragraph (6); ‘‘(B) may encompass the entire relevant means a metropolitan planning organization and metropolitan statistical area, as defined by designated as a tier II MPO under subsection ‘‘(B) for an urbanized area with a popu- the Office of Management and Budget. (e)(4)(B). lation of fewer than 200,000 individuals, as ‘‘(3) IDENTIFICATION OF NEW URBANIZED ‘‘(16) TRANSPORTATION IMPROVEMENT PRO- calculated according to the most recent de- AREAS.—The designation by the Bureau of GRAM.—The term ‘transportation improve- cennial census, shall remain in effect until the Census of a new urbanized area within

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AREAS.— ‘‘(bb) not later than 2 years after the date ‘‘(ii) EFFECT OF SUBSECTION.—Nothing in ‘‘(A) EXISTING METROPOLITAN PLANNING of enactment of the Federal Public Transpor- this subsection requires or prevents consoli- AREAS.— tation Act of 2012, will fully implement the dation among multiple metropolitan plan- ‘‘(i) IN GENERAL.—Except as provided in processes described in subsections (h) though ning organizations located within a single clause (ii), notwithstanding paragraph (2), in (j). urbanized area. the case of an urbanized area designated as a ‘‘(ii) ABSENCE OF DESIGNATION.—In the ab- ‘‘(f) COORDINATION IN MULTISTATE AREAS.— nonattainment area or maintenance area as sence of designation as a tier I MPO under ‘‘(1) IN GENERAL.—The Secretary shall en- of the date of enactment of the Federal Pub- clause (i), a metropolitan planning organiza- courage each Governor with responsibility lic Transportation Act of 2012, the bound- tion shall operate as a tier II MPO until the for a portion of a multistate metropolitan aries of the existing metropolitan planning date on which the Secretary determines the area and the appropriate metropolitan plan- area as of that date of enactment shall re- metropolitan planning organization can ning organizations to provide coordinated main in force and effect. meet the minimum technical requirements transportation planning for the entire met- ‘‘(ii) EXCEPTION.—Notwithstanding clause under clause (iv). ropolitan area. (i), the boundaries of an existing metropoli- ‘‘(iii) REDESIGNATION AS TIER I.—A metro- ‘‘(2) COORDINATION ALONG DESIGNATED tan planning area described in that clause politan planning organization operating TRANSPORTATION CORRIDORS.—The Secretary may be adjusted by agreement of the appli- within a metropolitan planning area with a shall encourage each Governor with respon- cable Governor and the affected metropoli- population of 200,000 or more and fewer than sibility for a portion of a multistate metro- tan planning organizations in accordance 1,000,000 individuals and primarily within ur- politan area and the appropriate metropoli- with subsection (c)(7). banized areas with populations of 200,000 or tan planning organizations to provide coordi- ‘‘(B) NEW METROPOLITAN PLANNING AREAS.— more individuals, as calculated according to nated transportation planning for the entire In the case of an urbanized area designated the most recent decennial census, that is designated transportation corridor. as a nonattainment area or maintenance designated as a tier II MPO under subpara- ‘‘(3) COORDINATION WITH INTERSTATE COM- area after the date of enactment of the Fed- graph (B) may request, with the support of PACTS.—The Secretary shall encourage met- eral Public Transportation Act of 2012, the the applicable Governor, a redesignation as a ropolitan planning organizations to take boundaries of the applicable metropolitan tier I MPO on a determination by the Sec- into consideration, during the development planning area— retary that the metropolitan planning orga- of metropolitan transportation plans and ‘‘(i) shall be established in accordance with nization has met the minimum technical re- transportation improvement programs, any subsection (c)(1); quirements under clause (iv). relevant transportation studies concerning ‘‘(ii) shall encompass the areas described in ‘‘(iv) MINIMUM TECHNICAL REQUIREMENTS.— planning for regional transportation (includ- paragraph (2)(A); Not later than 1 year after the date of enact- ing high-speed and intercity rail corridor ‘‘(iii) may encompass the areas described ment of the Federal Public Transportation in paragraph (2)(B); and Act of 2012, the Secretary shall issue a rule studies, commuter rail corridor studies, ‘‘(iv) may address any appropriate non- that establishes the minimum technical re- intermodal terminals, and interstate high- attainment area or maintenance area. quirements necessary for a metropolitan ways) in support of freight, intercity, or ‘‘(e) REQUIREMENTS.— planning organization to be designated as a multistate area projects and services that ‘‘(1) DEVELOPMENT OF PLANS AND TIPS.—To tier I MPO, including, at a minimum, mod- have been developed pursuant to interstate accomplish the policy objectives described in eling, data, staffing, and other technical re- compacts or agreements, or by organizations subsection (a), each metropolitan planning quirements. established under section 5304. organization, in cooperation with the appli- ‘‘(B) TIER II MPOS.— ‘‘(g) ENGAGEMENT IN METROPOLITAN TRANS- cable State and public transportation opera- ‘‘(i) IN GENERAL.—Not later than 1 year PORTATION PLAN AND TIP DEVELOPMENT.— tors, shall develop metropolitan transpor- after the date of enactment of the Federal ‘‘(1) NONATTAINMENT AND MAINTENANCE tation plans and transportation improve- Public Transportation Act of 2012, the Sec- AREAS.—If more than 1 metropolitan plan- ment programs for metropolitan planning retary shall issue a rule that establishes ning organization has authority within a areas of the State through a performance- minimum requirements necessary for a met- metropolitan area, nonattainment area, or driven, outcome-based approach to metro- ropolitan planning organization to be des- maintenance area, each metropolitan plan- politan transportation planning consistent ignated as a tier II MPO. ning organization shall consult with all with subsection (h). ‘‘(ii) REQUIREMENTS.—The minimum re- other metropolitan planning organizations ‘‘(2) CONTENTS.—The metropolitan trans- quirements established under clause (i) designated for the metropolitan area, non- portation plans and transportation improve- shall— attainment area, or maintenance area and ment programs for each metropolitan area ‘‘(I) ensure that each metropolitan plan- the State in the development of metropoli- shall provide for the development and inte- ning organization has the capabilities nec- tan transportation plans and transportation grated management and operation of trans- essary to develop the metropolitan transpor- improvement programs under this section. portation systems and facilities (including tation plan and transportation improvement ‘‘(2) TRANSPORTATION IMPROVEMENTS LO- accessible pedestrian walkways, bicycle program under this section; and CATED IN MULTIPLE METROPOLITAN PLANNING transportation facilities, and intermodal fa- ‘‘(II) include— AREAS.—If a transportation improvement cilities that support intercity transpor- ‘‘(aa) only the staff resources necessary to project funded under this chapter or title 23 tation) that will function as— operate the metropolitan planning organiza- is located within the boundaries of more ‘‘(A) an intermodal transportation system tion; and than 1 metropolitan planning area, the af- for the metropolitan planning area; and ‘‘(bb) a requirement that the metropolitan fected metropolitan planning organizations ‘‘(B) an integral part of an intermodal planning organization has the technical ca- shall coordinate metropolitan transportation transportation system for the applicable pacity to conduct the modeling necessary, as plans and transportation improvement pro- State and the United States. appropriate to the size and resources of the grams regarding the project. ‘‘(3) PROCESS OF DEVELOPMENT.—The proc- metropolitan planning organization, to ful- ‘‘(3) COORDINATION OF ADJACENT PLANNING ess for developing metropolitan transpor- fill the requirements of this section, except ORGANIZATIONS.— tation plans and transportation improve- that in cases in which a metropolitan plan- ‘‘(A) IN GENERAL.—A metropolitan plan- ment programs shall— ning organization has a formal agreement ning organization that is adjacent or located ‘‘(A) provide for consideration of all modes with a State to conduct the modeling on be- in reasonably close proximity to another of transportation; and half of the metropolitan planning organiza- metropolitan planning organization shall co- ‘‘(B) be continuing, cooperative, and com- tion, the metropolitan planning organization ordinate with that metropolitan planning or- prehensive to the degree appropriate, based shall be exempt from the technical capacity ganization with respect to planning proc- on the complexity of the transportation requirement. esses, including preparation of metropolitan needs to be addressed. ‘‘(iii) INCLUSION.—A metropolitan planning transportation plans and transportation im- ‘‘(4) TIERING.— organization operating primarily within an provement programs, to the maximum ex- ‘‘(A) TIER I MPOS.— urbanized area with a population of 200,000 or tent practicable. ‘‘(i) IN GENERAL.—A metropolitan planning more individuals, as calculated according to ‘‘(B) NONMETROPOLITAN PLANNING ORGANI- organization shall be designated as a tier I the most recent decennial census, and that ZATIONS.—A metropolitan planning organiza- MPO if— does not qualify as a tier I MPO under sub- tion that is adjacent or located in reasonably ‘‘(I) as certified by the Governor of each paragraph (A)(i), shall— close proximity to a nonmetropolitan plan- applicable State, the metropolitan planning ‘‘(I) be designated as a tier II MPO; and ning organization shall consult with that organization operates within, and primarily ‘‘(II) follow the processes under subsection nonmetropolitan planning organization with serves, a metropolitan planning area with a (k). respect to planning processes, to the max- population of 1,000,000 or more individuals, as ‘‘(C) CONSOLIDATION.— imum extent practicable. calculated according to the most recent de- ‘‘(i) IN GENERAL.—Metropolitan planning ‘‘(4) RELATIONSHIP WITH OTHER PLANNING cennial census; and organizations operating within contiguous or OFFICIALS.—

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‘‘(A) IN GENERAL.—The Secretary shall en- ‘‘(I) IN GENERAL.—Each metropolitan plan- on the contents of the metropolitan trans- courage each metropolitan planning organi- ning organization shall establish perform- portation plan of the metropolitan planning zation to cooperate with Federal, State, trib- ance targets that address the performance organization. al, and local officers and entities responsible measures described in sections 119(f), 148(h), ‘‘(C) METHODS.—In carrying out subpara- for other types of planning activities that 149(k) (where applicable), and 167(i) of title graph (A), the metropolitan planning organi- are affected by transportation in the rel- 23, to use in tracking attainment of critical zation shall, to the maximum extent prac- evant area (including planned growth, eco- outcomes for the region of the metropolitan ticable— nomic development, infrastructure services, planning organization. ‘‘(i) develop the metropolitan transpor- housing, other public services, environ- ‘‘(II) COORDINATION.—Selection of perform- tation plan and transportation improvement mental protection, airport operations, high- ance targets by a metropolitan planning or- program in consultation with interested par- speed and intercity passenger rail, freight ganization shall be coordinated with the rel- ties, as appropriate, including by the forma- rail, port access, and freight movements), to evant State to ensure consistency, to the tion of advisory groups representative of the the maximum extent practicable, to ensure maximum extent practicable. community and interested parties that par- that the metropolitan transportation plan- ‘‘(ii) PUBLIC TRANSPORTATION PERFORMANCE ticipate in the development of the metropoli- ning process, metropolitan transportation TARGETS.—Each metropolitan planning orga- tan transportation plan and transportation plans, and transportation improvement pro- nization shall adopt the performance targets improvement program; grams are developed in cooperation with identified by providers of public transpor- ‘‘(ii) hold any public meetings at times and other related planning activities in the area. tation pursuant to sections 5326(c) and locations that are, as applicable— ‘‘(B) INCLUSION.—Cooperation under sub- 5329(d), for use in tracking attainment of ‘‘(I) convenient; and paragraph (A) shall include the design and critical outcomes for the region of the met- ‘‘(II) in compliance with the Americans delivery of transportation services within ropolitan planning organization. with Disabilities Act of 1990 (42 U.S.C. 12101 the metropolitan area that are provided by— ‘‘(C) TIMING.—Each metropolitan planning et seq.); ‘‘(i) recipients of assistance under sections organization shall establish or adopt the per- ‘‘(iii) employ visualization techniques to 202, 203, and 204 of title 23; formance targets under subparagraph (B) not describe metropolitan transportation plans ‘‘(ii) recipients of assistance under this later than 90 days after the date on which and transportation improvement programs; title; the relevant State or provider of public and ‘‘(iii) government agencies and nonprofit transportation establishes the performance ‘‘(iv) make public information available in organizations (including representatives of targets. appropriate electronically accessible formats the agencies and organizations) that receive ‘‘(D) INTEGRATION OF OTHER PERFORMANCE- and means, such as the Internet, to afford Federal assistance from a source other than BASED PLANS.—A metropolitan planning or- reasonable opportunity for consideration of the Department of Transportation to provide ganization shall integrate in the metropoli- public information under subparagraph (A). nonemergency transportation services; and tan transportation planning process, directly ‘‘(i) DEVELOPMENT OF METROPOLITAN ‘‘(iv) sponsors of regionally significant pro- or by reference, the goals, objectives, per- TRANSPORTATION PLAN.— grams, projects, and services that are related formance measures, and targets described in ‘‘(1) DEVELOPMENT.— to transportation and receive assistance other State plans and processes, as well as ‘‘(A) IN GENERAL.—Except as provided in from any public or private source. asset management and safety plans devel- subparagraph (B), not later than 5 years ‘‘(5) COORDINATION OF OTHER FEDERALLY RE- oped by providers of public transportation, after the date of enactment of the Federal QUIRED PLANNING PROGRAMS.—The Secretary required as part of a performance-based pro- Public Transportation Act of 2012, and not shall encourage each metropolitan planning gram, including plans such as— less frequently than once every 5 years organization to coordinate, to the maximum ‘‘(i) the State National Highway System thereafter, each metropolitan planning orga- extent practicable, the development of met- asset management plan; nization shall prepare and update, respec- ropolitan transportation plans and transpor- ‘‘(ii) asset management plans developed by tively, a metropolitan transportation plan tation improvement programs with other providers of public transportation; for the relevant metropolitan planning area relevant federally required planning pro- ‘‘(iii) the State strategic highway safety in accordance with this section. grams. plan; ‘‘(B) EXCEPTIONS.—A metropolitan plan- ‘‘(h) SCOPE OF PLANNING PROCESS.— ‘‘(iv) safety plans developed by providers of ning organization shall prepare or update, as ‘‘(1) IN GENERAL.—The metropolitan trans- public transportation; appropriate, the metropolitan transportation portation planning process for a metropoli- ‘‘(v) the congestion mitigation and air plan not less frequently than once every 4 tan planning area under this section shall quality performance plan, where applicable; years if the metropolitan planning organiza- provide for consideration of projects and ‘‘(vi) the national freight strategic plan; tion is operating within— strategies that will— and ‘‘(i) a nonattainment area; or ‘‘(A) support the economic vitality of the ‘‘(vii) the statewide transportation plan. ‘‘(ii) a maintenance area. metropolitan area, especially by enabling ‘‘(E) USE OF PERFORMANCE MEASURES AND ‘‘(2) OTHER REQUIREMENTS.—A metropolitan global competitiveness, productivity, and ef- TARGETS.—The performance measures and transportation plan under this section ficiency; targets established under this paragraph shall— ‘‘(B) increase the safety of the transpor- shall be used, at a minimum, by the relevant ‘‘(A) be in a form that the Secretary deter- tation system for motorized and non- metropolitan planning organization as the mines to be appropriate; motorized users; basis for development of policies, programs, ‘‘(B) have a term of not less than 20 years; ‘‘(C) increase the security of the transpor- and investment priorities reflected in the and tation system for motorized and non- metropolitan transportation plan and trans- ‘‘(C) contain, at a minimum— motorized users; portation improvement program. ‘‘(i) an identification of the existing trans- ‘‘(D) increase the accessibility and mobil- ‘‘(3) FAILURE TO CONSIDER FACTORS.—The portation infrastructure, including high- ity of individuals and freight; failure to take into consideration 1 or more ways, local streets and roads, bicycle and pe- ‘‘(E) protect and enhance the environment, of the factors specified in paragraphs (1) and destrian facilities, public transportation fa- promote energy conservation, improve the (2) shall not be subject to review by any cilities and services, commuter rail facilities quality of life, and promote consistency be- court under this chapter, title 23, subchapter and services, high-speed and intercity pas- tween transportation improvements and II of chapter 5 of title 5, or chapter 7 of title senger rail facilities and services, freight fa- State and local planned growth and eco- 5 in any matter affecting a metropolitan cilities (including freight railroad and port nomic development patterns; transportation plan, a transportation im- facilities), multimodal and intermodal facili- ‘‘(F) enhance the integration and provement program, a project or strategy, or ties, and intermodal connectors that, evalu- connectivity of the transportation system, the certification of a planning process. ated in the aggregate, function as an inte- across and between modes, for individuals ‘‘(4) PARTICIPATION BY INTERESTED PAR- grated metropolitan transportation system; and freight; TIES.— ‘‘(ii) a description of the performance ‘‘(G) increase efficient system management ‘‘(A) IN GENERAL.—Each metropolitan plan- measures and performance targets used in and operation; and ning organization shall provide to affected assessing the existing and future perform- ‘‘(H) emphasize the preservation of the ex- individuals, public agencies, and other inter- ance of the transportation system in accord- isting transportation system. ested parties notice and a reasonable oppor- ance with subsection (h)(2); ‘‘(2) PERFORMANCE-BASED APPROACH.— tunity to comment on the metropolitan ‘‘(iii) a description of the current and pro- ‘‘(A) IN GENERAL.—The metropolitan trans- transportation plan and transportation im- jected future usage of the transportation portation planning process shall provide for provement program and any relevant sce- system, including a projection based on a the establishment and use of a performance- narios. preferred scenario, and further including, to based approach to transportation decision- ‘‘(B) CONTENTS OF PARTICIPATION PLAN.— the extent practicable, an identification of making to support the national goals de- Each metropolitan planning organization existing or planned transportation rights-of- scribed in section 5301(c) of this title and in shall establish a participation plan that— way, corridors, facilities, and related real section 150(b) of title 23. ‘‘(i) is developed in consultation with all properties; ‘‘(B) PERFORMANCE TARGETS.— interested parties; and ‘‘(iv) a system performance report evalu- ‘‘(i) SURFACE TRANSPORTATION PERFORM- ‘‘(ii) provides that all interested parties ating the existing and future condition and ANCE TARGETS.— have reasonable opportunities to comment performance of the transportation system

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with respect to the performance targets de- ‘‘(i) shall include potential regional invest- ‘‘(A) IN GENERAL.—In each metropolitan scribed in subsection (h)(2) and updates in ment strategies for the planning horizon; area, the metropolitan planning organization subsequent system performance reports, in- ‘‘(ii) shall include assumed distribution of shall consult, as appropriate, with Federal, cluding— population and employment; State, tribal, and local agencies responsible ‘‘(I) progress achieved by the metropolitan ‘‘(iii) may include a scenario that, to the for land use management, natural resources, planning organization in meeting the per- maximum extent practicable, maintains environmental protection, conservation, and formance targets in comparison with system baseline conditions for the performance tar- historic preservation concerning the devel- performance recorded in previous reports; gets identified in subsection (h)(2); opment of a metropolitan transportation ‘‘(II) an accounting of the performance of ‘‘(iv) may include a scenario that improves plan. the metropolitan planning organization on the baseline conditions for as many of the ‘‘(B) ISSUES.—The consultation under sub- outlay of obligated project funds and deliv- performance targets under subsection (h)(2) ery of projects that have reached substantial paragraph (A) shall involve, as available, as possible; consideration of— completion in relation to— ‘‘(v) may include a revenue constrained ‘‘(i) metropolitan transportation plans ‘‘(aa) the projects included in the transpor- scenario based on total revenues reasonably with Federal, State, tribal, and local con- tation improvement program; and expected to be available over the 20-year servation plans or maps; and ‘‘(bb) the projects that have been removed planning period and assumed population and ‘‘(ii) inventories of natural or historic re- from the previous transportation improve- employment; and ment program; and ‘‘(vi) may include estimated costs and po- sources. ‘‘(III) when appropriate, an analysis of how tential revenues available to support each ‘‘(8) SELECTION OF PROJECTS FROM ILLUS- the preferred scenario has improved the con- scenario. TRATIVE LIST.—Notwithstanding paragraph ditions and performance of the transpor- ‘‘(C) METRICS.—In addition to the perform- (4), a State or metropolitan planning organi- tation system and how changes in local poli- ance targets identified in subsection (h)(2), zation shall not be required to select any cies, investments, and growth have impacted scenarios developed under this paragraph project from the illustrative list of addi- the costs necessary to achieve the identified may be evaluated using locally developed tional projects included in the metropolitan performance targets; metrics for the following categories: transportation plan under paragraph ‘‘(v) recommended strategies and invest- (2)(C)(ix). ments for improving system performance ‘‘(i) Congestion and mobility, including transportation use by mode. over the planning horizon, including trans- ‘‘(j) TRANSPORTATION IMPROVEMENT PRO- ‘‘(ii) Freight movement. portation systems management and oper- GRAM.— ‘‘(iii) Safety. ations strategies, maintenance strategies, ‘‘(1) DEVELOPMENT.— ‘‘(iv) Efficiency and costs to taxpayers. demand management strategies, asset man- ‘‘(A) IN GENERAL.—In cooperation with the agement strategies, capacity and enhance- ‘‘(4) FINANCIAL PLAN.—A financial plan re- ferred to in paragraph (2)(C)(vii) shall— applicable State and any affected public ment investments, State and local economic transportation operator, the metropolitan development and land use improvements, in- ‘‘(A) be prepared by each metropolitan planning organization to support the metro- planning organization designated for a met- telligent transportation systems deploy- ropolitan area shall develop a transportation ment, and technology adoption strategies, as politan transportation plan; and improvement program for the metropolitan determined by the projected support of the ‘‘(B) contain a description of— planning area that— performance targets described in subsection ‘‘(i) the projected resource requirements (h)(2); for implementing projects, strategies, and ‘‘(i) contains projects consistent with the ‘‘(vi) recommended strategies and invest- services recommended in the metropolitan current metropolitan transportation plan; ments to improve and integrate disability- transportation plan, including existing and ‘‘(ii) reflects the investment priorities es- related access to transportation infrastruc- projected system operating and maintenance tablished in the current metropolitan trans- ture, including strategies and investments needs, proposed enhancement and expansions portation plan; and based on a preferred scenario, when appro- to the system, projected available revenue ‘‘(iii) once implemented, will make signifi- priate; from Federal, State, local, and private cant progress toward achieving the perform- ‘‘(vii) investment priorities for using pro- sources, and innovative financing techniques ance targets established under subsection jected available and proposed revenues over to finance projects and programs; (h)(2). the short- and long-term stages of the plan- ‘‘(ii) the projected difference between costs ‘‘(B) OPPORTUNITY FOR PARTICIPATION.—In ning horizon, in accordance with the finan- and revenues, and strategies for securing ad- developing the transportation improvement ditional new revenue (such as by capture of cial plan required under paragraph (4); program, the metropolitan planning organi- some of the economic value created by any ‘‘(viii) a description of interstate compacts zation, in cooperation with the State and new investment); entered into in order to promote coordinated any affected public transportation operator, transportation planning in multistate areas, ‘‘(iii) estimates of future funds, to be de- shall provide an opportunity for participa- if applicable; veloped cooperatively by the metropolitan ‘‘(ix) an optional illustrative list of planning organization, any public transpor- tion by interested parties, in accordance projects containing investments that— tation agency, and the State, that are rea- with subsection (h)(4). ‘‘(I) are not included in the metropolitan sonably expected to be available to support ‘‘(C) UPDATING AND APPROVAL.—The trans- transportation plan; but the investment priorities recommended in portation improvement program shall be— ‘‘(II) would be so included if resources in the metropolitan transportation plan; and ‘‘(i) updated not less frequently than once addition to the resources identified in the fi- ‘‘(iv) each applicable project only if full every 4 years, on a cycle compatible with the nancial plan under paragraph (4) were avail- funding can reasonably be anticipated to be development of the relevant statewide trans- able; available for the project within the time pe- portation improvement program under sec- ‘‘(x) a discussion (developed in consulta- riod contemplated for completion of the tion 5304; and tion with Federal, State, and tribal wildlife, project. ‘‘(ii) approved by the applicable Governor. land management, and regulatory agencies) ‘‘(5) COORDINATION WITH CLEAN AIR ACT ‘‘(2) CONTENTS.— of types of potential environmental and AGENCIES.—The metropolitan planning orga- ‘‘(A) PRIORITY LIST.—The transportation stormwater mitigation activities and poten- nization for any metropolitan area that is a improvement program shall include a pri- tial areas to carry out those activities, in- nonattainment area or maintenance area ority list of proposed federally supported cluding activities that may have the great- shall coordinate the development of a trans- projects and strategies to be carried out dur- est potential to restore and maintain the en- portation plan with the process for develop- ing the 4-year period beginning on the date vironmental functions affected by the metro- ment of the transportation control measures of adoption of the transportation improve- politan transportation plan; and of the State implementation plan required ment program, and each 4-year period there- ‘‘(xi) recommended strategies and invest- by the Clean Air Act (42 U.S.C. 7401 et seq.). after, using existing and reasonably avail- ments, including those developed by the ‘‘(6) PUBLICATION.—On approval by the rel- State as part of interstate compacts, agree- evant metropolitan planning organization, a able revenues in accordance with the finan- ments, or organizations, that support inter- metropolitan transportation plan involving cial plan under paragraph (3). city transportation. Federal participation shall be, at such times ‘‘(B) DESCRIPTIONS.—Each project described ‘‘(3) SCENARIO DEVELOPMENT.— and in such manner as the Secretary shall in the transportation improvement program ‘‘(A) IN GENERAL.—When preparing the require— shall include sufficient descriptive material metropolitan transportation plan, the met- ‘‘(A) published or otherwise made readily (such as type of work, termini, length, and ropolitan planning organization may, while available by the metropolitan planning orga- other similar factors) to identify the project fitting the needs and complexity of their nization for public review, including (to the or phase of the project and the effect that community, develop multiple scenarios for maximum extent practicable) in electroni- the project or project phase will have in ad- consideration as a part of the development of cally accessible formats and means, such as dressing the performance targets described the metropolitan transportation plan, in ac- the Internet; and in subsection (h)(2). cordance with subparagraph (B). ‘‘(B) submitted for informational purposes ‘‘(C) PERFORMANCE TARGET ACHIEVEMENT.— ‘‘(B) COMPONENTS OF SCENARIOS.—The sce- to the applicable Governor. The transportation improvement program narios— ‘‘(7) CONSULTATION.—

VerDate Mar 15 2010 05:24 Jun 04, 2013 Jkt 099060 PO 00000 Frm 00116 Fmt 4624 Sfmt 0634 J:\CRONLINE\2000-THRU-2012-ONLINE-CORRECTIONS\2012 RECORD ONLINE CORREC bjneal on DSK2TWX8P1PROD with February 9, 2012 CONGRESSIONAL RECORD — SENATE S511 shall include, to the maximum extent prac- tation improvement program, in consulta- met with respect to the metropolitan trans- ticable, a description of the anticipated ef- tion with the relevant State and on concur- portation planning process. fect of the transportation improvement pro- rence of the affected facility owner, for funds ‘‘(2) REQUIREMENTS FOR CERTIFICATION.— gram on attainment of the performance tar- apportioned to the State under section The Secretary may make a certification gets established in the metropolitan trans- 104(b)(2) of title 23 and suballocated to the under paragraph (1)(B) if— portation plan, linking investment priorities metropolitan planning area under section ‘‘(A) the metropolitan transportation plan- to those performance targets. 133(d) of title 23. ning process complies with the requirements ‘‘(D) ILLUSTRATIVE LIST OF PROJECTS.—In ‘‘(B) PROJECTS UNDER CHAPTER 53.—In the of this section and other applicable Federal developing a transportation improvement case of projects under this chapter, the selec- law; program, an optional illustrative list of tion of federally funded projects in metro- ‘‘(B) representation on the metropolitan projects may be prepared containing addi- politan areas shall be carried out, from the planning organization board includes offi- tional investment priorities that— approved transportation improvement pro- cials of public agencies that administer or ‘‘(i) are not included in the transportation gram, by the designated recipients of public operate major modes of transportation in the improvement program; but transportation funding in cooperation with relevant metropolitan area, including pro- ‘‘(ii) would be so included if resources in the metropolitan planning organization. viders of public transportation; and addition to the resources identified in the fi- ‘‘(C) CONGESTION MITIGATION AND AIR QUAL- ‘‘(C) a transportation improvement pro- nancial plan under paragraph (3) were avail- ITY PROJECTS.—Each tier I MPO shall select gram for the metropolitan planning area has able. projects carried out within the boundaries of been approved by the relevant metropolitan ‘‘(3) FINANCIAL PLAN.—A financial plan re- the applicable metropolitan planning area planning organization and applicable Gov- ferred to in paragraph (2)(D)(ii) shall— from the transportation improvement pro- ernor. ‘‘(A) be prepared by each metropolitan gram, in consultation with the relevant ‘‘(3) DELEGATION OF AUTHORITY.—The Sec- planning organization to support the trans- State and on concurrence of the affected fa- retary may— portation improvement program; and cility owner, for funds apportioned to the ‘‘(A) delegate to the appropriate State ‘‘(B) contain a description of— State under section 104(b)(4) of title 23 and fact-finding authority regarding the certifi- ‘‘(i) the projected resource requirements suballocated to the metropolitan planning for implementing projects, strategies, and cation of a tier II MPO under this sub- area under section 149(j) of title 23. section; and services recommended in the transportation ‘‘(D) MODIFICATIONS TO PROJECT PRIORITY.— improvement program, including existing ‘‘(B) make the certification under para- Notwithstanding any other provision of law, graph (1) in consultation with the State. and projected system operating and mainte- approval by the Secretary shall not be re- nance needs, proposed enhancement and ex- ‘‘(4) EFFECT OF FAILURE TO CERTIFY.— quired to carry out a project included in a ‘‘(A) WITHHOLDING OF PROJECT FUNDS.—If a pansions to the system, projected available transportation improvement program in revenue from Federal, State, local, and pri- metropolitan transportation planning proc- place of another project in the transpor- ess of a metropolitan planning organization vate sources, and innovative financing tech- tation improvement program. niques to finance projects and programs; is not certified under paragraph (1), the Sec- ‘‘(7) PUBLICATION.— ‘‘(ii) the projected difference between costs retary may withhold up to 20 percent of the ‘‘(A) IN GENERAL.—A transportation im- funds attributable to the metropolitan plan- and revenues, and strategies for securing ad- provement program shall be published or ditional new revenue (such as by capture of ning area of the metropolitan planning orga- otherwise made readily available by the ap- some of the economic value created by any nization for projects funded under this chap- plicable metropolitan planning organization new investment); ter and title 23. for public review in electronically accessible ‘‘(iii) estimates of future funds, to be de- ‘‘(B) RESTORATION OF WITHHELD FUNDS.— formats and means, such as the Internet. veloped cooperatively by the metropolitan Any funds withheld under subparagraph (A) ‘‘(B) ANNUAL LIST OF PROJECTS.—An annual planning organization, any public transpor- shall be restored to the metropolitan plan- list of projects, including investments in pe- tation agency, and the State, that are rea- ning area on the date of certification of the destrian walkways, bicycle transportation sonably expected to be available to support metropolitan transportation planning proc- facilities, and intermodal facilities that sup- the investment priorities recommended in ess by the Secretary. port intercity transportation, for which Fed- the transportation improvement program; ‘‘(5) PUBLIC INVOLVEMENT.—In making a de- eral funds have been obligated during the and termination regarding certification under preceding fiscal year shall be published or ‘‘(iv) each applicable project, only if full this subsection, the Secretary shall provide funding can reasonably be anticipated to be otherwise made available by the cooperative effort of the State, public transportation op- for public involvement appropriate to the available for the project within the time pe- metropolitan planning area under review. riod contemplated for completion of the erator, and metropolitan planning organiza- project. tion in electronically accessible formats and ‘‘(m) PERFORMANCE-BASED PLANNING PROC- ‘‘(4) INCLUDED PROJECTS.— means, such as the Internet, in a manner ESSES EVALUATION.— ‘‘(A) PROJECTS UNDER THIS CHAPTER AND that is consistent with the categories identi- ‘‘(1) IN GENERAL.—The Secretary shall es- TITLE 23.—A transportation improvement fied in the relevant transportation improve- tablish criteria to evaluate the effectiveness program developed under this subsection for ment program. of the performance-based planning processes a metropolitan area shall include a descrip- ‘‘(k) PLANNING REQUIREMENTS FOR TIER II of metropolitan planning organizations tion of the projects within the area that are MPOS.— under this section, taking into consideration proposed for funding under this chapter and ‘‘(1) IN GENERAL.—The Secretary may pro- the following: chapter 1 of title 23. vide for the performance-based development ‘‘(A) The extent to which the metropolitan ‘‘(B) PROJECTS UNDER CHAPTER 2.— of a metropolitan transportation plan and planning organization has achieved, or is ‘‘(i) REGIONALLY SIGNIFICANT.—Each re- transportation improvement program for the currently making substantial progress to- gionally significant project proposed for metropolitan planning area of a tier II MPO, ward achieving, the performance targets funding under chapter 2 of title 23 shall be as the Secretary determines to be appro- specified in subsection (h)(2), taking into ac- identified individually in the transportation priate, taking into account— count whether the metropolitan planning or- improvement program. ‘‘(A) the complexity of transportation ganization developed meaningful perform- ‘‘(ii) NONREGIONALLY SIGNIFICANT.—A de- needs in the area; and ance targets. scription of each project proposed for fund- ‘‘(B) the technical capacity of the metro- ‘‘(B) The extent to which the metropolitan ing under chapter 2 of title 23 that is not de- politan planning organization. planning organization has used proven best termined to be regionally significant shall be ‘‘(2) EVALUATION OF PERFORMANCE-BASED practices that help ensure transportation in- contained in 1 line item or identified individ- PLANNING.—In reviewing a tier II MPO under vestment that is efficient and cost-effective. ually in the transportation improvement subsection (m), the Secretary shall take into ‘‘(C) The extent to which the metropolitan program. consideration the effectiveness of the tier II planning organization— ‘‘(5) OPPORTUNITY FOR PARTICIPATION.—Be- MPO in implementing and maintaining a ‘‘(i) has developed an investment process fore approving a transportation improve- performance-based planning process that— that relies on public input and awareness to ment program, a metropolitan planning or- ‘‘(A) addresses the performance targets de- ensure that investments are transparent and ganization, in cooperation with the State scribed in subsection (h)(2); and accountable; and and any affected public transportation oper- ‘‘(B) demonstrates progress on the achieve- ‘‘(ii) provides regular reports allowing the ator, shall provide an opportunity for par- ment of those performance targets. public to access the information being col- ticipation by interested parties in the devel- ‘‘(l) CERTIFICATION.— lected in a format that allows the public to opment of the transportation improvement ‘‘(1) IN GENERAL.—The Secretary shall— meaningfully assess the performance of the program, in accordance with subsection ‘‘(A) ensure that the metropolitan trans- metropolitan planning organization. (h)(4). portation planning process of a metropolitan ‘‘(2) REPORT.— ‘‘(6) SELECTION OF PROJECTS.— planning organization is being carried out in ‘‘(A) IN GENERAL.—Not later than 5 years ‘‘(A) IN GENERAL.—Each tier I MPO and accordance with applicable Federal law; and after the date of enactment of the Federal tier II MPO shall select projects carried out ‘‘(B) subject to paragraph (2), certify, not Public Transportation Act of 2012, the Sec- within the boundaries of the applicable met- less frequently than once every 4 years, that retary shall submit to Congress a report ropolitan planning area from the transpor- the requirements of subparagraph (A) are evaluating—

VerDate Mar 15 2010 05:24 Jun 04, 2013 Jkt 099060 PO 00000 Frm 00117 Fmt 4624 Sfmt 0634 J:\CRONLINE\2000-THRU-2012-ONLINE-CORRECTIONS\2012 RECORD ONLINE CORREC bjneal on DSK2TWX8P1PROD with S512 CONGRESSIONAL RECORD — SENATE February 9, 2012 ‘‘(i) the overall effectiveness of perform- project or a core capacity improvement transportation facilities, and intermodal fa- ance-based planning as a tool for guiding project, as those terms are defined in section cilities that support intercity transpor- transportation investments; and 5309 of title 49, United States Code, as tation) that will function as— ‘‘(ii) the effectiveness of the performance- amended by this division. ‘‘(A) an intermodal transportation system based planning process of each metropolitan (B) SECRETARY.—The term ‘‘Secretary’’ for the State; and planning organization under this section. means the Secretary of Transportation. ‘‘(B) an integral part of an intermodal ‘‘(B) PUBLICATION.—The report under sub- (2) GENERAL AUTHORITY.—The Secretary transportation system for the United States. paragraph (A) shall be published or otherwise may make grants under this subsection to a ‘‘(3) PROCESS.—The process for developing made available in electronically accessible State or local governmental authority to as- the statewide transportation plan and state- formats and means, including on the Inter- sist in financing comprehensive planning as- wide transportation improvement program net. sociated with an eligible project that seeks shall— ‘‘(n) ADDITIONAL REQUIREMENTS FOR CER- to— ‘‘(A) provide for consideration of all modes TAIN NONATTAINMENT AREAS.— (A) enhance economic development, rider- of transportation; and ‘‘(1) IN GENERAL.—Notwithstanding any ship, and other goals established during the ‘‘(B) be continuing, cooperative, and com- other provision of this chapter or title 23, project development and engineering proc- prehensive to the degree appropriate, based Federal funds may not be advanced in any esses; on the complexity of the transportation metropolitan planning area classified as a (B) facilitate multimodal connectivity and needs to be addressed. nonattainment area or maintenance area for accessibility; ‘‘(b) COORDINATION AND CONSULTATION.— any highway project that will result in a sig- (C) increase access to transit hubs for pe- ‘‘(1) IN GENERAL.—Each State shall— nificant increase in the carrying capacity for destrian and bicycle traffic; ‘‘(A) coordinate planning carried out under single-occupant vehicles, unless the owner or (D) enable mixed-use development; this section with— operator of the project demonstrates that (E) identify infrastructure needs associ- ‘‘(i) the transportation planning activities the project will achieve or make substantial ated with the eligible project; and carried out under section 5303 for metropoli- progress toward achieving the performance (F) include private sector participation. tan areas of the State; and ‘‘(ii) statewide trade and economic devel- targets described in subsection (h)(2). (3) ELIGIBILITY.—A State or local govern- ‘‘(2) APPLICABILITY.—This subsection ap- mental authority that desires to participate opment planning activities and related plies to any nonattainment area or mainte- in the program under this subsection shall multistate planning efforts; nance area within the boundaries of a metro- submit to the Secretary an application that ‘‘(B) coordinate planning carried out under politan planning area, as determined under contains, at a minimum— this section with the transportation plan- ning activities carried out by each non- subsection (d). (A) identification of an eligible project; metropolitan planning organization in the ‘‘(o) EFFECT OF SECTION.—Nothing in this (B) a schedule and process for the develop- State, as applicable; section provides to any metropolitan plan- ment of a comprehensive plan; ‘‘(C) coordinate planning carried out under ning organization the authority to impose (C) a description of how the eligible project this section with the transportation plan- any legal requirement on any transportation and the proposed comprehensive plan ad- ning activities carried out by each rural facility, provider, or project not subject to vance the metropolitan transportation plan planning organization in the State, as appli- the requirements of this chapter or title 23. of the metropolitan planning organization; cable; and ‘‘(p) FUNDING.—Funds apportioned under (D) proposed performance criteria for the ‘‘(D) develop the transportation portion of section 104(b)(6) of title 23 and set aside development and implementation of the under section 5305(g) of this title shall be the State implementation plan as required comprehensive plan; and by the Clean Air Act (42 U.S.C. 7401 et seq.). available to carry out this section. (E) identification of— ‘‘(q) CONTINUATION OF CURRENT REVIEW ‘‘(2) MULTISTATE AREAS.— (i) partners; PRACTICE.— ‘‘(A) IN GENERAL.—The Secretary shall en- (ii) availability of and authority for fund- ‘‘(1) IN GENERAL.—In consideration of the courage each Governor with responsibility ing; and factors described in paragraph (2), any deci- for a portion of a multistate metropolitan (iii) potential State, local or other impedi- sion by the Secretary concerning a metro- planning area and the appropriate metropoli- ments to the implementation of the com- politan transportation plan or transpor- tan planning organizations to provide coordi- prehensive plan. tation improvement program shall not be nated transportation planning for the entire considered to be a Federal action subject to SEC. 40006. STATEWIDE AND NONMETROPOLITAN metropolitan area. TRANSPORTATION PLANNING. review under the National Environmental ‘‘(B) COORDINATION ALONG DESIGNATED Section 5304 of title 49, United States Code, Policy Act of 1969 (42 U.S.C. 4321 et seq.). TRANSPORTATION CORRIDORS.—The Secretary is amended to read as follows: ‘‘(2) DESCRIPTION OF FACTORS.—The factors shall encourage each Governor with respon- referred to in paragraph (1) are that— ‘‘§ 5304. Statewide and nonmetropolitan sibility for a portion of a multistate trans- ‘‘(A) metropolitan transportation plans transportation planning portation corridor to provide coordinated and transportation improvement programs ‘‘(a) STATEWIDE TRANSPORTATION PLANS transportation planning for the entire des- are subject to a reasonable opportunity for AND STIPS.— ignated corridor. public comment; ‘‘(1) DEVELOPMENT.— ‘‘(C) INTERSTATE COMPACTS.—For purposes ‘‘(B) the projects included in metropolitan ‘‘(A) IN GENERAL.—To accomplish the pol- of this section, any 2 or more States— transportation plans and transportation im- icy objectives described in section 5303(a), ‘‘(i) may enter into compacts, agreements, provement programs are subject to review each State shall develop a statewide trans- or organizations not in conflict with any under the National Environmental Policy portation plan and a statewide transpor- Federal law for cooperative efforts and mu- Act of 1969 (42 U.S.C. 4321 et seq.); and tation improvement program for all areas of tual assistance in support of activities au- ‘‘(C) decisions by the Secretary concerning the State in accordance with this section. thorized under this section, as the activities metropolitan transportation plans and trans- ‘‘(B) INCORPORATION OF METROPOLITAN relate to interstate areas and localities with- portation improvement programs have not TRANSPORTATION PLANS AND TIPS.—Each in the States; been reviewed under the National Environ- State shall incorporate in the statewide ‘‘(ii) may establish such agencies (joint or mental Policy Act of 1969 (42 U.S.C. 4321 et transportation plan and statewide transpor- otherwise) as the States determine to be ap- seq.) as of January 1, 1997. tation improvement program, without propriate for ensuring the effectiveness of ‘‘(r) SCHEDULE FOR IMPLEMENTATION.—The change or by reference, the metropolitan the agreements and compacts; and Secretary shall issue guidance on a schedule transportation plans and transportation im- ‘‘(iii) are encouraged to enter into such for implementation of the changes made by provement programs, respectively, for each compacts, agreements, or organizations as this section, taking into consideration the metropolitan planning area in the State. are appropriate to develop planning docu- established planning update cycle for metro- ‘‘(C) NONMETROPOLITAN AREAS.—Each State ments in support of intercity or multistate politan planning organizations. The Sec- shall coordinate with local officials in small area projects, facilities, and services, the rel- retary shall not require a metropolitan plan- urbanized areas with a population of 50,000 or evant components of which shall be reflected ning organization to deviate from its estab- more individuals, but fewer than 200,000 indi- in statewide transportation improvement lished planning update cycle to implement viduals, as calculated according to the most programs and statewide transportation changes made by this section. Metropolitan recent decennial census, and nonurbanized plans. planning organizations shall reflect changes areas of the State in preparing the non- ‘‘(D) RESERVATION OF RIGHTS.—The right to made to their transportation plan or trans- metropolitan portions of statewide transpor- alter, amend, or repeal any interstate com- portation improvement program updates not tation plans and statewide transportation pact or agreement entered into under this later than 2 years after the date of issuance improvement programs. subsection is expressly reserved. of guidance by the Secretary.’’. ‘‘(2) CONTENTS.—The statewide transpor- ‘‘(c) RELATIONSHIP WITH OTHER PLANNING (b) PILOT PROGRAM FOR TRANSIT-ORIENTED tation plan and statewide transportation im- OFFICIALS.— DEVELOPMENT PLANNING.— provement program developed for each State ‘‘(1) IN GENERAL.—The Secretary shall en- (1) DEFINITIONS.—In this subsection the fol- shall provide for the development and inte- courage each State to cooperate with Fed- lowing definitions shall apply: grated management and operation of trans- eral, State, tribal, and local officers and en- (A) ELIGIBLE PROJECT.—The term ‘‘eligible portation systems and facilities (including tities responsible for other types of planning project’’ means a new fixed guideway capital accessible pedestrian walkways, bicycle activities that are affected by transportation

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in the relevant area (including planned population of fewer than 200,000 individuals, ‘‘(e) COORDINATION AND CONSULTATION.— growth, economic development, infrastruc- as calculated according to the most recent ‘‘(1) METROPOLITAN AREAS.— ture services, housing, other public services, decennial census, and not represented by a ‘‘(A) IN GENERAL.—Each State shall develop environmental protection, airport oper- metropolitan planning organization, each a statewide transportation plan and state- ations, high-speed and intercity passenger State shall adopt the performance targets wide transportation improvement program rail, freight rail, port access, and freight identified by such providers of public trans- for each metropolitan area in the State by movements), to the maximum extent prac- portation pursuant to sections 5326(c) and incorporating, without change or by ref- ticable, to ensure that the statewide and 5329(d), for use in tracking attainment of erence, at a minimum, as prepared by each nonmetropolitan planning process, statewide critical outcomes for the region of the met- metropolitan planning organization des- transportation plans, and statewide trans- ropolitan planning organization. ignated for the metropolitan area under sec- portation improvement programs are devel- ‘‘(D) INTEGRATION OF OTHER PERFORMANCE- tion 5303— oped with due consideration for other related BASED PLANS.—A State shall integrate into ‘‘(i) all regionally significant projects to be planning activities in the State. the statewide transportation planning proc- carried out during the 10-year period begin- ‘‘(2) INCLUSION.—Cooperation under para- ess, directly or by reference, the goals, objec- ning on the effective date of the relevant ex- graph (1) shall include the design and deliv- tives, performance measures, and perform- isting metropolitan transportation plan; and ery of transportation services within the ance targets described in this paragraph in ‘‘(ii) all projects to be carried out during State that are provided by— other State plans and processes, and asset the 4-year period beginning on the effective ‘‘(A) recipients of assistance under sections management and safety plans developed by date of the relevant transportation improve- 202, 203, and 204 of title 23; providers of public transportation in urban- ment program. ‘‘(B) recipients of assistance under this ized areas with a population of fewer than ‘‘(B) PROJECTED COSTS.—Each metropolitan chapter; 200,000 individuals, as calculated according planning organization shall provide to each ‘‘(C) government agencies and nonprofit or- to the most recent decennial census, and not applicable State a description of the pro- ganizations (including representatives of the represented by a metropolitan planning or- jected costs of implementing the projects in- agencies and organizations) that receive ganization, required as part of a perform- cluded in the metropolitan transportation Federal assistance from a source other than ance-based program, including plans such plan of the metropolitan planning organiza- the Department of Transportation to provide as— tion for purposes of metropolitan financial nonemergency transportation services; and ‘‘(i) the State National Highway System planning and fiscal constraint. ‘‘(D) sponsors of regionally significant pro- asset management plan; ‘‘(2) NONMETROPOLITAN AREAS.—With re- grams, projects, and services that are related ‘‘(ii) asset management plans developed by spect to nonmetropolitan areas in a State, to transportation and receive assistance providers of public transportation; the statewide transportation plan and state- from any public or private source. ‘‘(iii) the State strategic highway safety wide transportation improvement program ‘‘(d) SCOPE OF PLANNING PROCESS.— plan; of the State shall be developed in coordina- ‘‘(1) IN GENERAL.—The statewide transpor- ‘‘(iv) safety plans developed by providers of tion with affected nonmetropolitan local of- tation planning process for a State under public transportation; and ficials with responsibility for transportation, this section shall provide for consideration ‘‘(v) the national freight strategic plan. including providers of public transportation. of projects, strategies, and services that ‘‘(E) USE OF PERFORMANCE MEASURES AND ‘‘(3) INDIAN TRIBAL AREAS.—With respect to will— TARGETS.—The performance measures and each area of a State under the jurisdiction of ‘‘(A) support the economic vitality of the targets established under this paragraph an Indian tribe, the statewide transportation United States, the State, nonmetropolitan shall be used, at a minimum, by a State as plan and statewide transportation improve- areas, and metropolitan areas, especially by the basis for development of policies, pro- ment program of the State shall be devel- enabling global competitiveness, produc- grams, and investment priorities reflected in oped in consultation with— tivity, and efficiency; the statewide transportation plan and state- ‘‘(A) the tribal government; and ‘‘(B) increase the safety of the transpor- wide transportation improvement program. ‘‘(B) the Secretary of the Interior. tation system for motorized and non- ‘‘(3) FAILURE TO CONSIDER FACTORS.—The ‘‘(4) FEDERAL LAND MANAGEMENT AGEN- motorized users; failure to take into consideration 1 or more CIES.—With respect to each area of a State ‘‘(C) increase the security of the transpor- of the factors specified in paragraphs (1) and under the jurisdiction of a Federal land man- tation system for motorized and non- (2) shall not be subject to review by any agement agency, the statewide transpor- motorized users; court under this chapter, title 23, subchapter tation plan and statewide transportation im- ‘‘(D) increase the accessibility and mobil- II of chapter 5 of title 5, or chapter 7 of title provement program of the State shall be de- ity of individuals and freight; 5 in any matter affecting a statewide trans- veloped in consultation with the relevant ‘‘(E) protect and enhance the environment, portation plan, a statewide transportation Federal land management agency. promote energy conservation, improve the improvement program, a project or strategy, ‘‘(5) CONSULTATION, COMPARISON, AND CON- quality of life, and promote consistency be- or the certification of a planning process. SIDERATION.— tween transportation improvements and ‘‘(4) PARTICIPATION BY INTERESTED PAR- ‘‘(A) IN GENERAL.—A statewide transpor- State and local planned growth and eco- TIES.— tation plan shall be developed, as appro- nomic development patterns; ‘‘(A) IN GENERAL.—Each State shall provide priate, in consultation with Federal, State, ‘‘(F) enhance the integration and to affected individuals, public agencies, and tribal, and local agencies responsible for connectivity of the transportation system, other interested parties notice and a reason- land use management, natural resources, in- across and between modes, for individuals able opportunity to comment on the state- frastructure permitting, environmental pro- and freight; wide transportation plan and statewide tection, conservation, and historic preserva- ‘‘(G) increase efficient system management transportation improvement program. tion. and operation; and ‘‘(B) METHODS.—In carrying out subpara- ‘‘(B) COMPARISON AND CONSIDERATION.— ‘‘(H) emphasize the preservation of the ex- graph (A), the State shall, to the maximum Consultation under subparagraph (A) shall isting transportation system. extent practicable— involve the comparison of statewide trans- ‘‘(2) PERFORMANCE-BASED APPROACH.— ‘‘(i) develop the statewide transportation portation plans to, as available— ‘‘(A) IN GENERAL.—The statewide transpor- plan and statewide transportation improve- ‘‘(i) Federal, State, tribal, and local con- tation planning process shall provide for the ment program in consultation with inter- servation plans or maps; and establishment and use of a performance- ested parties, as appropriate, including by ‘‘(ii) inventories of natural or historic re- based approach to transportation decision- the formation of advisory groups representa- sources. making to support the national goals de- tive of the State and interested parties that ‘‘(f) STATEWIDE TRANSPORTATION PLAN.— scribed in section 5301(c) of this title and in participate in the development of the state- ‘‘(1) DEVELOPMENT.— section 150(b) of title 23. wide transportation plan and statewide ‘‘(A) IN GENERAL.—Each State shall develop ‘‘(B) SURFACE TRANSPORTATION PERFORM- transportation improvement program; a statewide transportation plan, the forecast ANCE TARGETS.— ‘‘(ii) hold any public meetings at times and period of which shall be not less than 20 ‘‘(i) IN GENERAL.—Each State shall estab- locations that are, as applicable— years for all areas of the State, that provides lish performance targets that address the ‘‘(I) convenient; and for the development and implementation of performance measures described in sections ‘‘(II) in compliance with the Americans the intermodal transportation system of the 119(f), 148(h), and 167(i) of title 23 to use in with Disabilities Act of 1990 (42 U.S.C. 12101 State. tracking attainment of critical outcomes for et seq.); ‘‘(B) INITIAL PERIOD.—A statewide trans- the region of the State. ‘‘(iii) employ visualization techniques to portation plan shall include, at a minimum, ‘‘(ii) COORDINATION.—Selection of perform- describe statewide transportation plans and for the first 10-year period of the statewide ance targets by a State shall be coordinated statewide transportation improvement pro- transportation plan, the identification of ex- with relevant metropolitan planning organi- grams; and isting and future transportation facilities zations to ensure consistency, to the max- ‘‘(iv) make public information available in that will function as an integrated statewide imum extent practicable. appropriate electronically accessible formats transportation system, giving emphasis to ‘‘(C) PUBLIC TRANSPORTATION PERFORMANCE and means, such as the Internet, to afford those facilities that serve important na- TARGETS.—For providers of public transpor- reasonable opportunity for consideration of tional, statewide, and regional transpor- tation operating in urbanized areas with a public information under subparagraph (A). tation functions.

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‘‘(C) SUBSEQUENT PERIOD.—For the second ‘‘(VIII) a description of interstate com- (2), a State shall not be required to select 10-year period of the statewide transpor- pacts entered into in order to promote co- any project from the illustrative list of addi- tation plan (referred to in this subsection as ordinated transportation planning in tional projects included in the statewide the ‘outer years period’), a statewide trans- multistate areas, if applicable; transportation plan under paragraph portation plan— ‘‘(IX) an optional illustrative list of (1)(D)(ii)(IX). ‘‘(i) may include identification of future projects containing investments that— ‘‘(g) STATEWIDE TRANSPORTATION IMPROVE- transportation facilities; and ‘‘(aa) are not included in the statewide MENT PROGRAMS.— ‘‘(ii) shall describe the policies and strate- transportation plan; but ‘‘(1) DEVELOPMENT.— gies that provide for the development and ‘‘(bb) would be so included if resources in ‘‘(A) IN GENERAL.—In cooperation with implementation of the intermodal transpor- addition to the resources identified in the fi- nonmetropolitan officials with responsibility tation system of the State. nancial plan under paragraph (2) were avail- for transportation and affected public trans- ‘‘(D) OTHER REQUIREMENTS.—A statewide able; portation operators, the State shall develop transportation plan shall— ‘‘(X) a discussion (developed in consulta- a statewide transportation improvement pro- ‘‘(i) include, for the 20-year period covered tion with Federal, State, and tribal wildlife, gram for the State that— by the statewide transportation plan, a de- land management, and regulatory agencies) ‘‘(i) includes projects consistent with the scription of— of types of potential environmental and statewide transportation plan; ‘‘(I) the projected aggregate cost of stormwater mitigation activities and poten- ‘‘(ii) reflects the investment priorities es- projects anticipated by a State to be imple- tial areas to carry out those activities, in- tablished in the statewide transportation mented; and cluding activities that may have the great- plan; and ‘‘(II) the revenues necessary to support the est potential to restore and maintain the en- ‘‘(iii) once implemented, makes significant projects; vironmental functions affected by the state- progress toward achieving the performance ‘‘(ii) include, in such form as the Secretary wide transportation plan; and targets described in subsection (d)(2). determines to be appropriate, a description ‘‘(XI) recommended strategies and invest- ‘‘(B) OPPORTUNITY FOR PARTICIPATION.—In of— ments, including those developed by the developing a statewide transportation im- ‘‘(I) the existing transportation infrastruc- State as part of interstate compacts, agree- provement program, the State, in coopera- ture, including an identification of high- ments, or organizations, that support inter- tion with affected public transportation op- ways, local streets and roads, bicycle and pe- city transportation; and erators, shall provide an opportunity for par- destrian facilities, public transportation fa- ‘‘(iii) be updated by the State not less fre- ticipation by interested parties in the devel- cilities and services, commuter rail facilities quently than once every 5 years. opment of the statewide transportation im- and services, high-speed and intercity pas- ‘‘(2) FINANCIAL PLAN.—A financial plan re- provement program, in accordance with sub- senger rail facilities and services, freight fa- ferred to in paragraph (1)(D)(ii)(VII) shall— section (e). cilities (including freight railroad and port ‘‘(A) be prepared by each State to support ‘‘(C) OTHER REQUIREMENTS.— facilities), multimodal and intermodal facili- the statewide transportation plan; and ‘‘(i) IN GENERAL.—A statewide transpor- ties, and intermodal connectors that, evalu- ‘‘(B) contain a description of— tation improvement program shall— ated in the aggregate, function as an inte- ‘‘(i) the projected resource requirements ‘‘(I) cover a period of not less than 4 years; grated transportation system; during the 20-year planning horizon for im- and ‘‘(II) the performance measures and per- plementing projects, strategies, and services ‘‘(II) be updated not less frequently than formance targets used in assessing the exist- recommended in the statewide transpor- once every 4 years, or more frequently, as ing and future performance of the transpor- tation plan, including existing and projected the Governor determines to be appropriate. tation system described in subsection (d)(2); system operating and maintenance needs, ‘‘(ii) INCORPORATION OF TIPS.—A statewide ‘‘(III) the current and projected future proposed enhancement and expansions to the transportation improvement program shall usage of the transportation system, includ- system, projected available revenue from incorporate any relevant transportation im- ing, to the maximum extent practicable, an Federal, State, local, and private sources, provement program developed by a metro- identification of existing or planned trans- and innovative financing techniques to fi- politan planning organization under section portation rights-of-way, corridors, facilities, nance projects and programs; 5303, without change. and related real properties; ‘‘(ii) the projected difference between costs ‘‘(iii) PROJECTS.—Each project included in ‘‘(IV) a system performance report evalu- and revenues, and strategies for securing ad- a statewide transportation improvement pro- ating the existing and future condition and ditional new revenue (such as by capture of gram shall be— performance of the transportation system some of the economic value created by any ‘‘(I) consistent with the statewide trans- with respect to the performance targets de- new investment); portation plan developed under this section scribed in subsection (d)(2) and updates to ‘‘(iii) estimates of future funds, to be de- for the State; subsequent system performance reports, in- veloped cooperatively by the State, any pub- ‘‘(II) identical to a project or phase of a cluding— lic transportation agency, and relevant met- project described in a relevant transpor- ‘‘(aa) progress achieved by the State in ropolitan planning organizations, that are tation improvement program; and meeting performance targets, as compared reasonably expected to be available to sup- ‘‘(III) for any project located in a non- to system performance recorded in previous port the investment priorities recommended attainment area or maintenance area, car- reports; and in the statewide transportation plan; ried out in accordance with the applicable ‘‘(bb) an accounting of the performance by ‘‘(iv) each applicable project, only if full State air quality implementation plan devel- the State on outlay of obligated project funding can reasonably be anticipated to be oped under the Clean Air Act (42 U.S.C. 7401 funds and delivery of projects that have available for the project within the time pe- et seq.). reached substantial completion, in relation riod contemplated for completion of the ‘‘(2) CONTENTS.— to the projects currently on the statewide project; and ‘‘(A) PRIORITY LIST.—A statewide transpor- transportation improvement program and ‘‘(v) aggregate cost ranges or bands, sub- tation improvement program shall include a those projects that have been removed from ject to the condition that any future funding priority list of proposed federally supported the previous statewide transportation im- source shall be reasonably expected to be projects and strategies, to be carried out provement program; available to support the projected cost during the 4-year period beginning on the ‘‘(V) recommended strategies and invest- ranges or bands, for the outer years period of date of adoption of the statewide transpor- ments for improving system performance the statewide transportation plan. tation improvement program, and during over the planning horizon, including trans- ‘‘(3) COORDINATION WITH CLEAN AIR ACT each 4-year period thereafter, using existing portation systems management and oper- AGENCIES.—For any nonmetropolitan area and reasonably available revenues in accord- ations strategies, maintenance strategies, that is a nonattainment area or maintenance ance with the financial plan under paragraph demand management strategies, asset man- area, the State shall coordinate the develop- (3). agement strategies, capacity and enhance- ment of the statewide transportation plan ‘‘(B) DESCRIPTIONS.—Each project or phase ment investments, land use improvements, with the process for development of the of a project included in a statewide transpor- intelligent transportation systems deploy- transportation control measures of the State tation improvement program shall include ment and technology adoption strategies as implementation plan required by the Clean sufficient descriptive material (such as type determined by the projected support of per- Air Act (42 U.S.C. 7401 et seq.). of work, termini, length, estimated comple- formance targets described in subsection ‘‘(4) PUBLICATION.—A statewide transpor- tion date, and other similar factors) to iden- (d)(2); tation plan involving Federal and non-Fed- tify— ‘‘(VI) recommended strategies and invest- eral participation programs, projects, and ‘‘(i) the project or project phase; and ments to improve and integrate disability- strategies shall be published or otherwise ‘‘(ii) the effect that the project or project related access to transportation infrastruc- made readily available by the State for pub- phase will have in addressing the perform- ture; lic review, including (to the maximum ex- ance targets described in subsection (d)(2). ‘‘(VII) investment priorities for using pro- tent practicable) in electronically accessible ‘‘(C) PERFORMANCE TARGET ACHIEVEMENT.— jected available and proposed revenues over formats and means, such as the Internet, in A statewide transportation improvement the short- and long-term stages of the plan- such manner as the Secretary shall require. program shall include, to the maximum ex- ning horizon, in accordance with the finan- ‘‘(5) SELECTION OF PROJECTS FROM ILLUS- tent practicable, a discussion of the antici- cial plan required under paragraph (2); TRATIVE LIST.—Notwithstanding paragraph pated effect of the statewide transportation

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improvement program toward achieving the erator, and relevant metropolitan planning ‘‘(i) PERFORMANCE-BASED PLANNING PROC- performance targets established in the state- organizations in electronically accessible ESSES EVALUATION.— wide transportation plan, linking investment formats and means, such as the Internet, in ‘‘(1) IN GENERAL.—The Secretary shall es- priorities to those performance targets. a manner that is consistent with the cat- tablish criteria to evaluate the effectiveness ‘‘(D) ILLUSTRATIVE LIST OF PROJECTS.—An egories identified in the relevant statewide of the performance-based planning processes optional illustrative list of projects may be transportation improvement program. of States, taking into consideration the fol- prepared containing additional investment ‘‘(6) PROJECT SELECTION FOR URBANIZED lowing: priorities that— AREAS WITH POPULATIONS OF FEWER THAN ‘‘(A) The extent to which the State has ‘‘(i) are not included in the statewide 200,000 NOT REPRESENTED BY DESIGNATED achieved, or is currently making substantial transportation improvement program; but MPOS.—Projects carried out in urbanized progress toward achieving, the performance ‘‘(ii) would be so included if resources in areas with populations of fewer than 200,000 targets described in subsection (d)(2), taking addition to the resources identified in the fi- individuals, as calculated according to the into account whether the State developed nancial plan under paragraph (3) were avail- most recent decennial census, and that are meaningful performance targets. able. not represented by designated metropolitan ‘‘(B) The extent to which the State has ‘‘(3) FINANCIAL PLAN.—A financial plan re- planning organizations, shall be selected used proven best practices that help ensure ferred to in paragraph (2)(D)(ii) shall— from the approved statewide transportation transportation investment that is efficient ‘‘(A) be prepared by each State to support improvement program (including projects and cost-effective. the statewide transportation improvement carried out under this chapter and projects ‘‘(C) The extent to which the State— program; and carried out by the State), in cooperation ‘‘(i) has developed an investment process ‘‘(B) contain a description of— with the affected nonmetropolitan planning that relies on public input and awareness to ‘‘(i) the projected resource requirements organization, if any exists, and in consulta- ensure that investments are transparent and for implementing projects, strategies, and tion with the affected nonmetropolitan area accountable; and services recommended in the statewide local officials with responsibility for trans- ‘‘(ii) provides regular reports allowing the transportation improvement program, in- portation. public to access the information being col- cluding existing and projected system oper- ‘‘(7) APPROVAL BY SECRETARY.— lected in a format that allows the public to ating and maintenance needs, proposed en- ‘‘(A) IN GENERAL.—Not less frequently than meaningfully assess the performance of the hancement and expansions to the system, once every 4 years, a statewide transpor- State. projected available revenue from Federal, tation improvement program developed ‘‘(2) REPORT.— State, local, and private sources, and innova- under this subsection shall be reviewed and ‘‘(A) IN GENERAL.—Not later than 5 years tive financing techniques to finance projects approved by the Secretary, based on the cur- after the date of enactment of the Federal and programs; rent planning finding of the Secretary under Public Transportation Act of 2012, the Sec- ‘‘(ii) the projected difference between costs subparagraph (B). retary shall submit to Congress a report and revenues, and strategies for securing ad- ‘‘(B) PLANNING FINDING.—The Secretary evaluating— ditional new revenue (such as by capture of shall make a planning finding referred to in ‘‘(i) the overall effectiveness of perform- some of the economic value created by any subparagraph (A) not less frequently than ance-based planning as a tool for guiding new investment); once every 5 years regarding whether the transportation investments; and ‘‘(iii) estimates of future funds, to be de- transportation planning process through ‘‘(ii) the effectiveness of the performance- veloped cooperatively by the State and rel- which statewide transportation plans and based planning process of each State. evant metropolitan planning organizations statewide transportation improvement pro- ‘‘(B) PUBLICATION.—The report under sub- and public transportation agencies, that are grams are developed is consistent with this paragraph (A) shall be published or otherwise reasonably expected to be available to sup- section and section 5303. made available in electronically accessible port the investment priorities recommended ‘‘(8) MODIFICATIONS TO PROJECT PRIORITY.— formats and means, including on the Inter- in the statewide transportation improve- Approval by the Secretary shall not be re- net. ment program; and quired to carry out a project included in an ‘‘(j) FUNDING.—Funds apportioned under ‘‘(iv) each applicable project, only if full approved statewide transportation improve- section 104(b)(6) of title 23 and set aside funding can reasonably be anticipated to be ment program in place of another project in under section 5305(g) shall be available to available for the project within the time pe- carry out this section. riod contemplated for completion of the the statewide transportation improvement program. ‘‘(k) CONTINUATION OF CURRENT REVIEW project. PRACTICE.— ‘‘(h) CERTIFICATION.— ‘‘(4) INCLUDED PROJECTS.— ‘‘(1) IN GENERAL.—In consideration of the ‘‘(A) PROJECTS UNDER THIS CHAPTER AND ‘‘(1) IN GENERAL.—The Secretary shall— factors described in paragraph (2), any deci- TITLE 23.—A statewide transportation im- ‘‘(A) ensure that the statewide transpor- sion by the Secretary concerning a statewide provement program developed under this tation planning process of a State is being transportation plan or statewide transpor- subsection for a State shall include the carried out in accordance with applicable tation improvement program shall not be projects within the State that are proposed Federal law; and considered to be a Federal action subject to for funding under this chapter and chapter 1 ‘‘(B) subject to paragraph (2), certify, not review under the National Environmental of title 23. less frequently than once every 5 years, that Policy Act of 1969 (42 U.S.C. 4321 et seq.). ‘‘(B) PROJECTS UNDER THIS CHAPTER AND the requirements of subparagraph (A) are ‘‘(2) DESCRIPTION OF FACTORS.—The factors CHAPTER 2.— met with respect to the statewide transpor- referred to in paragraph (1) are that— ‘‘(i) REGIONALLY SIGNIFICANT.—Each re- tation planning process. ‘‘(A) statewide transportation plans and gionally significant project proposed for ‘‘(2) REQUIREMENTS FOR CERTIFICATION.— statewide transportation improvement pro- funding under this chapter and chapter 2 of The Secretary may make a certification grams are subject to a reasonable oppor- title 23 shall be identified individually in the under paragraph (1)(B) if— tunity for public comment; statewide transportation improvement pro- ‘‘(A) the statewide transportation planning ‘‘(B) the projects included in statewide gram. process complies with the requirements of transportation plans and statewide transpor- ‘‘(ii) NONREGIONALLY SIGNIFICANT.—A de- this section and other applicable Federal tation improvement programs are subject to scription of each project proposed for fund- law; and review under the National Environmental ing under this chapter and chapter 2 of title ‘‘(B) a statewide transportation improve- Policy Act of 1969 (42 U.S.C. 4321 et seq.); and 23 that is not determined to be regionally ment program for the State has been ap- ‘‘(C) decisions by the Secretary concerning significant shall be contained in 1 line item proved by the Governor of the State. statewide transportation plans and statewide or identified individually in the statewide ‘‘(3) EFFECT OF FAILURE TO CERTIFY.— transportation improvement programs have transportation improvement program. ‘‘(A) WITHHOLDING OF PROJECT FUNDS.—If a not been reviewed under the National Envi- ‘‘(5) PUBLICATION.— statewide transportation planning process of ronmental Policy Act of 1969 (42 U.S.C. 4321 ‘‘(A) IN GENERAL.—A statewide transpor- a State is not certified under paragraph (1), et seq.) as of January 1, 1997. tation improvement program shall be pub- the Secretary may withhold up to 20 percent ‘‘(l) SCHEDULE FOR IMPLEMENTATION.—The lished or otherwise made readily available of the funds attributable to the State for Secretary shall issue guidance on a schedule by the State for public review in electroni- projects funded under this chapter and title for implementation of the changes made by cally accessible formats and means, such as 23. this section, taking into consideration the the Internet. ‘‘(B) RESTORATION OF WITHHELD FUNDS.— established planning update cycle for States. ‘‘(B) ANNUAL LIST OF PROJECTS.—An annual Any funds withheld under subparagraph (A) The Secretary shall not require a State to list of projects, including investments in pe- shall be restored to the State on the date of deviate from its established planning update destrian walkways, bicycle transportation certification of the statewide transportation cycle to implement changes made by this facilities, and intermodal facilities that sup- planning process by the Secretary. section. States shall reflect changes made to port intercity transportation, for which Fed- ‘‘(4) PUBLIC INVOLVEMENT.—In making a de- their transportation plan or transportation eral funds have been obligated during the termination regarding certification under improvement program updates not later preceding fiscal year shall be published or this subsection, the Secretary shall provide than 2 years after the date of issuance of otherwise made available by the cooperative for public involvement appropriate to the guidance by the Secretary under this sub- effort of the State, public transportation op- State under review. section.’’.

VerDate Mar 15 2010 05:24 Jun 04, 2013 Jkt 099060 PO 00000 Frm 00121 Fmt 4624 Sfmt 0634 J:\CRONLINE\2000-THRU-2012-ONLINE-CORRECTIONS\2012 RECORD ONLINE CORREC bjneal on DSK2TWX8P1PROD with S516 CONGRESSIONAL RECORD — SENATE February 9, 2012 SEC. 40007. PUBLIC TRANSPORTATION EMER- shall provide for the means by which the De- for the area during the 5-year period pre- GENCY RELIEF PROGRAM. partment of Transportation, including the ceding the date of the determination. Section 5306 of title 49, United States Code, Federal Transit Administration, and the De- ‘‘(B) AWARD OF GRANT.— is amended to read as follows: partment of Homeland Security, including ‘‘(i) IN GENERAL.—Except as otherwise pro- ‘‘§ 5306. Public transportation emergency re- the Federal Emergency Management Agen- vided in this subparagraph, the Secretary lief program cy, shall cooperate in administering emer- may make a grant under this section for not gency relief for public transportation. ‘‘(a) DEFINITION.—In this section the fol- more than 2 consecutive fiscal years. lowing definitions shall apply: ‘‘(2) CONTENTS.—The interagency agree- ‘‘(ii) ADDITIONAL YEAR.—If, at the end of ment under paragraph (1) shall provide that ‘‘(1) ELIGIBLE OPERATING COSTS.—The term the second fiscal year following the date on ‘eligible operating costs’ means costs relat- funds made available to the Federal Emer- which the Secretary makes a determination ing to— gency Management Agency for emergency under subparagraph (A) with respect to an ‘‘(A) evacuation services; relief for public transportation shall be area, the Secretary determines that the 3- transferred to the Secretary to carry out ‘‘(B) rescue operations; month unemployment rate for the area is at this section, to the maximum extent pos- ‘‘(C) temporary public transportation serv- least 2 percentage points greater than the sible. ice; or unemployment rate for the area at the time ‘‘(f) GRANT REQUIREMENTS.—A grant award- ‘‘(D) reestablishing, expanding, or relo- the Secretary made the determination under ed under this section shall be subject to the subparagraph (A), the Secretary may make a cating public transportation route service terms and conditions the Secretary deter- before, during, or after an emergency. grant to a recipient in the area for 1 addi- mines are necessary. tional consecutive fiscal year. ‘‘(2) EMERGENCY.—The term ‘emergency’ ‘‘(g) GOVERNMENT SHARE OF COSTS.— ‘‘(iii) EXCLUSION PERIOD.—Beginning on the means a natural disaster affecting a wide ‘‘(1) CAPITAL PROJECTS AND OPERATING AS- last day of the last consecutive fiscal year area (such as a flood, hurricane, tidal wave, SISTANCE.—A grant, contract, or other agree- for which a recipient receives a grant under earthquake, severe storm, or landslide) or a ment for a capital project or eligible oper- this paragraph, the Secretary may not make catastrophic failure from any external cause, ating costs under this section shall be, at the a subsequent grant under this paragraph to as a result of which— option of the recipient, for not more than 80 the recipient for a number of fiscal years ‘‘(A) the Governor of a State has declared percent of the net project cost, as deter- equal to the number of consecutive fiscal an emergency and the Secretary has con- mined by the Secretary. years in which the recipient received a grant curred; or ‘‘(2) NON-FEDERAL SHARE.—The remainder ‘‘(B) the President has declared a major of the net project cost may be provided from under this paragraph. disaster under section 401 of the Robert T. an undistributed cash surplus, a replacement ‘‘(C) LIMITATION.— Stafford Disaster Relief and Emergency As- or depreciation cash fund or reserve, or new ‘‘(i) FIRST FISCAL YEAR.—For the first fis- sistance Act (42 U.S.C. 5170). capital. cal year following the date on which the Sec- retary makes a determination under sub- ‘‘(b) GENERAL AUTHORITY.— ‘‘(3) WAIVER.—The Secretary may waive, in ‘‘(1) CAPITAL ASSISTANCE.—The Secretary whole or part, the non-Federal share re- paragraph (A) with respect to an area, not may make grants and enter into contracts quired under paragraph (2).’’. more than 25 percent of the amount appor- tioned to a designated recipient under sec- and other agreements (including agreements SEC. 40008. URBANIZED AREA FORMULA GRANTS. with departments, agencies, and instrumen- Section 5307 of title 49, United States Code, tion 5336 for the fiscal year shall be available talities of the Government) for capital is amended to read as follows: for operating assistance for the area. ‘‘(ii) SECOND AND THIRD FISCAL YEARS.—For projects to protect, repair, reconstruct, or ‘‘§ 5307. Urbanized area formula grants replace equipment and facilities of a public the second and third fiscal years following ‘‘(a) GENERAL AUTHORITY.— transportation system operating in the the date on which the Secretary makes a de- ‘‘(1) GRANTS.—The Secretary may make United States or on an Indian reservation termination under subparagraph (A) with re- grants under this section for— spect to an area, not more than 20 percent of that the Secretary determines is in danger of ‘‘(A) capital projects; suffering serious damage, or has suffered se- the amount apportioned to a designated re- ‘‘(B) planning; and cipient under section 5336 for the fiscal year rious damage, as a result of an emergency. ‘‘(C) operating costs of equipment and fa- ‘‘(2) OPERATING ASSISTANCE.—Of the funds shall be available for operating assistance cilities for use in public transportation in an for the area. appropriated to carry out this section, the urbanized area with a population of fewer ‘‘(D) PERIOD OF AVAILABILITY FOR OPER- Secretary may make grants and enter into than 200,000 individuals, as determined by contracts or other agreements for the eligi- ATING ASSISTANCE.—Operating assistance the Bureau of the Census. awarded under this paragraph shall be avail- ble operating costs of public transportation PECIAL RULE.—The Secretary may ‘‘(2) S able for expenditure to a recipient in an area equipment and facilities in an area directly make grants under this section to finance until the end of the second fiscal year fol- affected by an emergency during— the operating cost of equipment and facili- lowing the date on which the Secretary ‘‘(A) the 1-year period beginning on the ties for use in public transportation, exclud- makes a determination under subparagraph date of a declaration described in subsection ing rail fixed guideway, in an urbanized area (A) with respect to the area, after which (a)(2); or with a population of not fewer than 200,000 time any unexpended funds shall be available ‘‘(B) if the Secretary determines there is a individuals, as determined by the Bureau of to the recipient for other eligible activities compelling need, the 2-year period beginning the Census— under this section. on the date of a declaration described in sub- ‘‘(A) for public transportation systems ‘‘(E) CERTIFICATION.—The Secretary may section (a)(2). that operate 75 or fewer buses during peak make a grant for operating assistance under ‘‘(c) COORDINATION OF EMERGENCY FUNDS.— service hours, in an amount not to exceed 50 ‘‘(1) USE OF FUNDS.—Funds appropriated to percent of the share of the apportionment this paragraph for a fiscal year only if the carry out this section shall be in addition to which is attributable to such systems within recipient certifies that— any other funds available— the urbanized area, as measured by vehicle ‘‘(i) the recipient will maintain public ‘‘(A) under this chapter; or revenue hours; and transportation service levels at or above the ‘‘(B) for the same purposes as authorized ‘‘(B) for public transportation systems that current service level, which shall be dem- under this section by any other branch of the operate a minimum of 76 buses and a max- onstrated by providing an equal or greater Government, including the Federal Emer- imum of 100 buses during peak service hours, number of vehicle hours of service in the fis- gency Management Agency, or a State agen- in an amount not to exceed 25 percent of the cal year than the number of vehicle hours of cy, local governmental entity, organization, share of the apportionment which is attrib- service provided in the preceding fiscal year; or person. utable to such systems within the urbanized ‘‘(ii) any non-Federal entity that provides ‘‘(2) NOTIFICATION.—The Secretary shall area, as measured by vehicle revenue hours. funding to the recipient, including a State or notify the Secretary of Homeland Security ‘‘(3) TEMPORARY AND TARGETED ASSIST- local governmental entity, will maintain the of the purpose and amount of any grant ANCE.— tax rate or rate of allocations dedicated to made or contract or other agreement entered ‘‘(A) ELIGIBILITY.—The Secretary may public transportation at or above the rate into under this section. make a grant under this section to finance for the preceding fiscal year; ‘‘(d) INTERAGENCY TRANSFERS.—Amounts the operating cost of equipment and facili- ‘‘(iii) the recipient has allocated the max- that are made available for emergency pur- ties to a recipient for use in public transpor- imum amount of funding under this section poses to any other agency of the Govern- tation in an area that the Secretary deter- for preventive maintenance costs eligible as ment, including the Federal Emergency mines has— a capital expense necessary to maintain the Management Agency, and that are eligible to ‘‘(i) a population of not fewer than 200,000 level and quality of service provided in the be expended for purposes authorized under individuals, as determined by the Bureau of preceding fiscal year; and this section may be transferred to and ad- the Census; and ‘‘(iv) the recipient will not use funding ministered by the Secretary under this sec- ‘‘(ii) a 3-month unemployment rate, as re- under this section for new capital assets ex- tion. ported by the Bureau of Labor Statistics, cept as necessary for the existing system to ‘‘(e) INTERAGENCY AGREEMENT.— that is— maintain or achieve a state of good repair, ‘‘(1) IN GENERAL.—The Secretary shall ‘‘(I) greater than 7 percent; and assure safety, or replace obsolete tech- enter into an interagency agreement with ‘‘(II) at least 2 percentage points greater nology. the Secretary of Homeland Security which than the lowest 3-month unemployment rate ‘‘(b) ACCESS TO JOBS PROJECTS.—

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‘‘(1) IN GENERAL.—A designated recipient ‘‘(3) publish a proposed program of projects amount the recipient receives for each fiscal shall expend not less than 3 percent of the in a way that affected individuals, private year under section 5336 of this title; or amount apportioned to the designated recipi- transportation providers, and local elected ‘‘(ii) has decided that the expenditure for ent under section 5336 or an amount equal to officials have the opportunity to examine security projects is not necessary; the amount apportioned to the designated the proposed program and submit comments ‘‘(K) in the case of a recipient for an urban- recipient in fiscal year 2011 to carry out sec- on the proposed program and the perform- ized area with a population of not fewer than tion 5316 (as in effect for fiscal year 2011), ance of the recipient; 200,000 individuals, as determined by the Bu- whichever is less, to carry out a program to ‘‘(4) provide an opportunity for a public reau of the Census— develop and maintain job access projects. El- hearing in which to obtain the views of indi- ‘‘(i) will expend not less than 1 percent of igible projects may include— viduals on the proposed program of projects; the amount the recipient receives each fiscal ‘‘(A) a project relating to the development ‘‘(5) ensure that the proposed program of year under this section for associated transit and maintenance of public transportation projects provides for the coordination of pub- improvements, as defined in section 5302; and services designed to transport eligible low- lic transportation services assisted under ‘‘(ii) will submit an annual report listing income individuals to and from jobs and ac- section 5336 of this title with transportation projects carried out in the preceding fiscal tivities related to their employment, includ- services assisted from other United States year with those funds; and ing— Government sources; ‘‘(L) will comply with section 5329(d); and ‘‘(i) a public transportation project to fi- ‘‘(6) consider comments and views received, ‘‘(2) the Secretary accepts the certifi- nance planning, capital, and operating costs especially those of private transportation cation. of providing access to jobs under this chap- providers, in preparing the final program of ‘‘(e) GOVERNMENT SHARE OF COSTS.— ter; projects; and ‘‘(1) CAPITAL PROJECTS.—A grant for a cap- ‘‘(ii) promoting public transportation by ‘‘(7) make the final program of projects ital project under this section shall be for 80 low-income workers, including the use of available to the public. percent of the net project cost of the project. public transportation by workers with non- ‘‘(d) GRANT RECIPIENT REQUIREMENTS.—A The recipient may provide additional local traditional work schedules; recipient may receive a grant in a fiscal year matching amounts. ‘‘(iii) promoting the use of public transpor- only if— ‘‘(2) OPERATING EXPENSES.—A grant for op- tation vouchers for welfare recipients and el- ‘‘(1) the recipient, within the time the Sec- erating expenses under this section may not retary prescribes, submits a final program of igible low-income individuals; and exceed 50 percent of the net project cost of projects prepared under subsection (c) of this ‘‘(iv) promoting the use of employer-pro- the project. section and a certification for that fiscal ‘‘(3) REMAINING COSTS.—Subject to para- vided transportation, including the transit year that the recipient (including a person graph (4), the remainder of the net project pass benefit program under section 132 of the receiving amounts from a Governor under costs shall be provided— Internal Revenue Code of 1986; and this section)— ‘‘(A) in cash from non-Government sources ‘‘(B) a transportation project designed to ‘‘(A) has or will have the legal, financial, other than revenues from providing public support the use of public transportation in- and technical capacity to carry out the pro- transportation services; cluding— gram, including safety and security aspects ‘‘(B) from revenues from the sale of adver- ‘‘(i) enhancements to existing public trans- of the program; tising and concessions; portation service for workers with non-tradi- ‘‘(B) has or will have satisfactory con- ‘‘(C) from an undistributed cash surplus, a tional hours or reverse commutes; tinuing control over the use of equipment replacement or depreciation cash fund or re- ‘‘(ii) guaranteed ride home programs; and facilities; serve, or new capital; ‘‘(iii) bicycle storage facilities; and ‘‘(C) will maintain equipment and facili- ‘‘(D) from amounts appropriated or other- ‘‘(iv) projects that otherwise facilitate the ties; wise made available to a department or provision of public transportation services to ‘‘(D) will ensure that, during non-peak agency of the Government (other than the employment opportunities. hours for transportation using or involving a Department of Transportation) that are eli- ‘‘(2) PROJECT SELECTION AND PLAN DEVELOP- facility or equipment of a project financed gible to be expended for transportation; and MENT.—Each grant recipient under this sub- under this section, a fare that is not more ‘‘(E) from amounts received under a serv- section shall certify that— than 50 percent of the peak hour fare will be ice agreement with a State or local social ‘‘(A) the projects selected were included in charged for any— service agency or private social service orga- a locally developed, coordinated public tran- ‘‘(i) senior; nization. sit-human services transportation plan; ‘‘(ii) individual who, because of illness, in- ‘‘(4) USE OF CERTAIN FUNDS.—For purposes ‘‘(B) the plan was developed and approved jury, age, congenital malfunction, or other of subparagraphs (D) and (E) of paragraph through a process that included individuals incapacity or temporary or permanent dis- (3), the prohibitions on the use of funds for with low incomes, representatives of public, ability (including an individual who is a matching requirements under section private, and nonprofit transportation and wheelchair user or has semiambulatory capa- 403(a)(5)(C)(vii) of the Social Security Act (42 human services providers, and participation bility), cannot use a public transportation U.S.C. 603(a)(5)(C)(vii)) shall not apply to by the public; service or a public transportation facility ef- Federal or State funds to be used for trans- ‘‘(C) services funded under this subsection fectively without special facilities, planning, portation purposes. are coordinated with transportation services or design; and ‘‘(f) UNDERTAKING PROJECTS IN ADVANCE.— funded by other Federal departments and ‘‘(iii) individual presenting a Medicare card ‘‘(1) PAYMENT.—The Secretary may pay the agencies to the maximum extent feasible; issued to that individual under title II or Government share of the net project cost to and XVIII of the Social Security Act (42 U.S.C. a State or local governmental authority that ‘‘(D) allocations of the grant to subrecipi- 401 et seq. and 1395 et seq.); carries out any part of a project eligible ents, if any, are distributed on a fair and eq- ‘‘(E) in carrying out a procurement under under subparagraph (A) or (B) of subsection uitable basis. this section, will comply with sections 5323 (a)(1) without the aid of amounts of the Gov- ‘‘(3) COMPETITIVE PROCESS FOR GRANTS TO and 5325; ernment and according to all applicable pro- SUBRECIPIENTS.— ‘‘(F) has complied with subsection (c) of cedures and requirements if— ‘‘(A) AREAWIDE SOLICITATIONS.—A recipient this section; ‘‘(A) the recipient applies for the payment; of funds apportioned under this subsection ‘‘(G) has available and will provide the re- ‘‘(B) the Secretary approves the payment; may conduct, in cooperation with the appro- quired amounts as provided by subsection (e) and priate metropolitan planning organization, of this section; ‘‘(C) before carrying out any part of the an areawide solicitation for applications for ‘‘(H) will comply with sections 5303 and project, the Secretary approves the plans grants to the recipient and subrecipients 5304; and specifications for the part in the same under this subsection. ‘‘(I) has a locally developed process to so- way as for other projects under this section. ‘‘(B) APPLICATION.—If the recipient elects licit and consider public comment before ‘‘(2) APPROVAL OF APPLICATION.—The Sec- to engage in a competitive process, recipi- raising a fare or carrying out a major reduc- retary may approve an application under ents and subrecipients seeking to receive a tion of transportation; paragraph (1) of this subsection only if an grant from apportioned funds shall submit to ‘‘(J)(i) will expend for each fiscal year for authorization for this section is in effect for the recipient an application in the form and public transportation security projects, in- the fiscal year to which the application ap- in accordance with such requirements as the cluding increased lighting in or adjacent to a plies. The Secretary may not approve an ap- recipient shall establish. public transportation system (including bus plication if the payment will be more than— ‘‘(c) PROGRAM OF PROJECTS.—Each recipi- stops, subway stations, parking lots, and ga- ‘‘(A) the recipient’s expected apportion- ent of a grant shall— rages), increased camera surveillance of an ment under section 5336 of this title if the ‘‘(1) make available to the public informa- area in or adjacent to that system, providing total amount authorized to be appropriated tion on amounts available to the recipient an emergency telephone line to contact law for the fiscal year to carry out this section under this section; enforcement or security personnel in an area is appropriated; less ‘‘(2) develop, in consultation with inter- in or adjacent to that system, and any other ‘‘(B) the maximum amount of the appor- ested parties, including private transpor- project intended to increase the security and tionment that may be made available for tation providers, a proposed program of safety of an existing or planned public trans- projects for operating expenses under this projects for activities to be financed; portation system, at least 1 percent of the section.

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‘‘(3) FINANCING COSTS.— ‘‘(1) CLEAN FUEL BUS.—The term ‘clean fuel SEC. 40010. FIXED GUIDEWAY CAPITAL INVEST- ‘‘(A) IN GENERAL.—The cost of carrying out bus’ means a bus that is a clean fuel vehicle. MENT GRANTS. part of a project includes the amount of in- ‘‘(2) CLEAN FUEL VEHICLE.—The term ‘clean (a) IN GENERAL.—Section 5309 of title 49, terest earned and payable on bonds issued by fuel vehicle’ means a passenger vehicle used United States Code, is amended to read as the recipient to the extent proceeds of the to provide public transportation that the Ad- follows: bonds are expended in carrying out the part. ministrator of the Environmental Protection ‘‘§ 5309. Fixed guideway capital investment ‘‘(B) LIMITATION ON THE AMOUNT OF INTER- Agency has certified sufficiently reduces en- grants EST.—The amount of interest allowed under ergy consumption or reduces harmful emis- ‘‘(a) DEFINITIONS.—In this section, the fol- this paragraph may not be more than the sions, including direct carbon emissions, lowing definitions shall apply: most favorable financing terms reasonably when compared to a comparable standard ve- ‘‘(1) APPLICANT.—The term ‘applicant’ available for the project at the time of bor- hicle. means a State or local governmental author- rowing. ‘‘(3) DIRECT CARBON EMISSIONS.—The term ity that applies for a grant under this sec- ‘‘(C) CERTIFICATION.—The applicant shall ‘direct carbon emissions’ means the quantity tion. certify, in a manner satisfactory to the Sec- of direct greenhouse gas emissions from a ve- ‘‘(2) BUS RAPID TRANSIT PROJECT.—The term retary, that the applicant has shown reason- hicle, as determined by the Administrator of ‘bus rapid transit project’ means a single able diligence in seeking the most favorable the Environmental Protection Agency. route bus capital project— financing terms. ‘‘(4) ELIGIBLE AREA.—The term ‘eligible ‘‘(A) a majority of which operates in a sep- ‘‘(g) REVIEWS, AUDITS, AND EVALUATIONS.— area’ means an area that is— arated right-of-way dedicated for public ‘‘(1) ANNUAL REVIEW.— ‘‘(A) designated as a nonattainment area transportation use during peak periods; ‘‘(A) IN GENERAL.—At least annually, the for ozone or carbon monoxide under section ‘‘(B) that represents a substantial invest- Secretary shall carry out, or require a recipi- 107(d) of the Clean Air Act (42 U.S.C. 7407(d)); ment in a single route in a defined corridor ent to have carried out independently, re- or or subarea; and views and audits the Secretary considers ap- ‘‘(B) a maintenance area, as defined in sec- ‘‘(C) that includes features that emulate propriate to establish whether the recipient tion 5303, for ozone or carbon monoxide. the services provided by rail fixed guideway has carried out— ‘‘(5) ELIGIBLE PROJECT.—The term ‘eligible public transportation systems, including— ‘‘(i) the activities proposed under sub- project’ means a project or program of ‘‘(i) defined stations; section (d) of this section in a timely and ef- projects in an eligible area for— ‘‘(ii) traffic signal priority for public trans- fective way and can continue to do so; and ‘‘(A) acquiring or leasing clean fuel vehi- portation vehicles; ‘‘(ii) those activities and its certifications cles; ‘‘(iii) short headway bidirectional services and has used amounts of the Government in ‘‘(B) constructing or leasing facilities and for a substantial part of weekdays and week- the way required by law. related equipment for clean fuel vehicles; end days; and ‘‘(B) AUDITING PROCEDURES.—An audit of ‘‘(C) constructing new public transpor- ‘‘(iv) any other features the Secretary may the use of amounts of the Government shall tation facilities to accommodate clean fuel determine are necessary to produce high- comply with the auditing procedures of the vehicles; or quality public transportation services that Comptroller General. ‘‘(D) rehabilitating or improving existing emulate the services provided by rail fixed ‘‘(2) TRIENNIAL REVIEW.—At least once public transportation facilities to accommo- guideway public transportation systems. every 3 years, the Secretary shall review and date clean fuel vehicles. ‘‘(3) CORE CAPACITY IMPROVEMENT PROJECT.—The term ‘core capacity improve- evaluate completely the performance of a re- ‘‘(6) RECIPIENT.—The term ‘recipient’ cipient in carrying out the recipient’s pro- means— ment project’ means a substantial corridor- gram, specifically referring to compliance ‘‘(A) for an eligible area that is an urban- based capital investment in an existing fixed with statutory and administrative require- ized area with a population of fewer than guideway system that adds capacity and functionality. ments and the extent to which actual pro- 200,000 individuals, as determined by the Bu- ‘‘(4) NEW FIXED GUIDEWAY CAPITAL gram activities are consistent with the ac- reau of the Census, the State in which the el- PROJECT.—The term ‘new fixed guideway cap- tivities proposed under subsection (d) of this igible area is located; and ital project’ means— section and the planning process required ‘‘(B) for an eligible area not described in ‘‘(A) a new fixed guideway project that is a under sections 5303, 5304, and 5305 of this subparagraph (A), the designated recipient minimum operable segment or extension to title. To the extent practicable, the Sec- for the eligible area. retary shall coordinate such reviews with an existing fixed guideway system; or ‘‘(b) AUTHORITY.—The Secretary may make any related State or local reviews. ‘‘(B) a bus rapid transit project that is a grants to recipients to finance eligible minimum operable segment or an extension ‘‘(3) ACTIONS RESULTING FROM REVIEW, projects under this section. to an existing bus rapid transit system. AUDIT, OR EVALUATION.—The Secretary may take appropriate action consistent with a re- ‘‘(c) GRANT REQUIREMENTS.— ‘‘(5) PROGRAM OF INTERRELATED view, audit, and evaluation under this sub- ‘‘(1) IN GENERAL.—A grant under this sec- PROJECTS.—The term ‘program of inter- section, including making an appropriate ad- tion shall be subject to the requirements of related projects’ means the simultaneous de- justment in the amount of a grant or with- section 5307. velopment of— drawing the grant. ‘‘(2) GOVERNMENT SHARE OF COSTS FOR CER- ‘‘(A) 2 or more new fixed guideway capital ‘‘(h) TREATMENT.—For purposes of this sec- TAIN PROJECTS.—Section 5323(j) applies to projects or core capacity improvement tion, the United States Virgin Islands shall projects carried out under this section, un- projects; or be treated as an urbanized area, as defined in less the grant recipient requests a lower ‘‘(B) 1 or more new fixed guideway capital section 5302. grant percentage. projects and 1 or more core capacity im- ‘‘(i) PASSENGER FERRY GRANT PROGRAM.— provement projects. ‘‘(d) MINIMUM AMOUNTS.—Of amounts made ‘‘(1) IN GENERAL.—The Secretary may make ‘‘(b) GENERAL AUTHORITY.—The Secretary available by or appropriated under section grants under this subsection to recipients for may make grants under this section to State 5338(a)(2)(D) in each fiscal year to carry out passenger ferry projects that are eligible for and local governmental authorities to assist this section— a grant under subsection (a). in financing— ‘‘(1) not less than 65 percent shall be made ‘‘(1) new fixed guideway capital projects, ‘‘(2) GRANT REQUIREMENTS.—Except as oth- available to fund eligible projects relating to erwise provided in this subsection, a grant including the acquisition of real property, clean fuel buses; and under this subsection shall be subject to the the initial acquisition of rolling stock for ‘‘(2) not less than 10 percent shall be made same terms and conditions as a grant under the system, the acquisition of rights-of-way, available for eligible projects relating to fa- subsection (a). and relocation, for fixed guideway corridor cilities and related equipment for clean fuel development for projects in the advanced ‘‘(3) COMPETITIVE PROCESS.—The Secretary buses. shall solicit grant applications and make stages of project development or engineer- ing; and grants for eligible projects on a competitive ‘‘(e) COMPETITIVE PROCESS.—The Secretary basis. shall solicit grant applications and make ‘‘(2) core capacity improvement projects, including the acquisition of real property, ‘‘(4) GEOGRAPHICALLY CONSTRAINED grants for eligible projects on a competitive the acquisition of rights-of-way, double AREAS.—Of the amounts made available to basis. carry out this subsection, $10,000,000 shall be tracking, signalization improvements, elec- ‘‘(f) AVAILABILITY OF FUNDS.—Any amounts for capital grants relating to passenger fer- trification, expanding system platforms, ac- made available or appropriated to carry out ries in areas with limited or no access to quisition of rolling stock, construction of this section— public transportation as a result of geo- infill stations, and such other capacity im- ‘‘(1) shall remain available to an eligible graphical constraints.’’. provement projects as the Secretary deter- project for 2 years after the fiscal year for mines are appropriate. SEC. 40009. CLEAN FUEL GRANT PROGRAM. which the amount is made available or ap- ‘‘(c) GRANT REQUIREMENTS.— Section 5308 of title 49, United States Code, propriated; and ‘‘(1) IN GENERAL.—The Secretary may make is amended to read as follows: ‘‘(2) that remain unobligated at the end of a grant under this section for new fixed ‘‘§ 5308. Clean fuel grant program the period described in paragraph (1) shall be guideway capital projects or core capacity ‘‘(a) DEFINITIONS.—In this section, the fol- added to the amount made available to an el- improvement projects, if the Secretary de- lowing definitions shall apply: igible project in the following fiscal year.’’. termines that—

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‘‘(A) the project is part of an approved ‘‘(2) ENGINEERING PHASE.— ‘‘(II) an estimated time period within transportation plan required under sections ‘‘(A) IN GENERAL.—A new fixed guideway which the applicant will complete such ac- 5303 and 5304; and capital project may advance to the engineer- tivities. ‘‘(B) the applicant has, or will have— ing phase upon completion of activities re- ‘‘(2) ENGINEERING PHASE.— ‘‘(i) the legal, financial, and technical ca- quired under the National Environmental ‘‘(A) IN GENERAL.—A core capacity im- pacity to carry out the project, including the Policy Act of 1969 (42 U.S.C. 4321 et seq.), as provement project may advance into the en- safety and security aspects of the project; demonstrated by a record of decision with re- gineering phase upon completion of activi- ‘‘(ii) satisfactory continuing control over spect to the project, a finding that the ties required under the National Environ- the use of the equipment or facilities; and project has no significant impact, or a deter- mental Policy Act of 1969 (42 U.S.C. 4321 et ‘‘(iii) the technical and financial capacity mination that the project is categorically seq.), as demonstrated by a record of decision to maintain new and existing equipment and excluded, only if the Secretary determines with respect to the project, a finding that facilities. that the project— the project has no significant impact, or a ‘‘(2) CERTIFICATION.—An applicant that has ‘‘(i) is selected as the locally preferred al- determination that the project is categori- submitted the certifications required under ternative at the completion of the process cally excluded, only if the Secretary deter- subparagraphs (A), (B), (C), and (H) of section required under the National Environmental mines that the project— 5307(d)(1) shall be deemed to have provided Policy Act of 1969 (42 U.S.C. 4321 et seq.); ‘‘(i) is selected as the locally preferred al- sufficient information upon which the Sec- ‘‘(ii) is adopted into the metropolitan ternative at the completion of the process retary may make the determinations re- transportation plan required under section required under the National Environmental quired under this subsection. 5303; Policy Act of 1969; ‘‘(3) TECHNICAL CAPACITY.—The Secretary ‘‘(iii) is justified based on a comprehensive ‘‘(ii) is adopted into the metropolitan shall use an expedited technical capacity re- review of the project’s mobility improve- transportation plan required under section view process for applicants that have re- ments, environmental benefits, and cost-ef- 5303; cently and successfully completed at least 1 fectiveness, as measured by cost per rider; ‘‘(iii) is in a corridor that is— new bus rapid transit project, new fixed ‘‘(iv) is supported by policies and land use ‘‘(I) at or over capacity; or guideway capital project, or core capacity patterns that promote public transportation, ‘‘(II) projected to be at or over capacity improvement project, if— including plans for future land use and re- within the next 5 years; ‘‘(A) the applicant achieved budget, cost, zoning, and economic development around ‘‘(iv) is justified based on a comprehensive and ridership outcomes for the project that public transportation stations; and review of the project’s mobility improve- are consistent with or better than projec- ‘‘(v) is supported by an acceptable degree ments, environmental benefits, and cost-ef- tions; and of local financial commitment (including fectiveness, as measured by cost per rider; ‘‘(B) the applicant demonstrates that the evidence of stable and dependable financing and applicant continues to have the staff exper- sources), as required under subsection (f). ‘‘(v) is supported by an acceptable degree tise and other resources necessary to imple- ‘‘(B) DETERMINATION THAT PROJECT IS JUSTI- of local financial commitment (including ment a new project. FIED.—In making a determination under sub- evidence of stable and dependable financing ‘‘(4) RECIPIENT REQUIREMENTS.—A recipient paragraph (A)(iii), the Secretary shall evalu- sources), as required under subsection (f). of a grant awarded under this section shall ate, analyze, and consider— ‘‘(B) DETERMINATION THAT PROJECT IS JUSTI- be subject to all terms, conditions, require- ‘‘(i) the reliability of the forecasting meth- FIED.—In making a determination under sub- ments, and provisions that the Secretary de- ods used to estimate costs and utilization paragraph (A)(iv), the Secretary shall evalu- termines to be necessary or appropriate for made by the recipient and the contractors to ate, analyze, and consider— purposes of this section. the recipient; and ‘‘(i) the reliability of the forecasting meth- ‘‘(d) NEW FIXED GUIDEWAY GRANTS.— ‘‘(ii) population density and current public ods used to estimate costs and utilization ‘‘(1) PROJECT DEVELOPMENT PHASE.— transportation ridership in the transpor- made by the recipient and the contractors to ‘‘(A) ENTRANCE INTO PROJECT DEVELOPMENT tation corridor. the recipient; PHASE.—A new fixed guideway capital ‘‘(e) CORE CAPACITY IMPROVEMENT ‘‘(ii) whether the project will adequately project shall enter into the project develop- PROJECTS.— address the capacity concerns in a corridor; ment phase when— ‘‘(1) PROJECT DEVELOPMENT PHASE.— ‘‘(iii) whether the project will improve ‘‘(i) the applicant— ‘‘(A) ENTRANCE INTO PROJECT DEVELOPMENT interconnectivity among existing systems; ‘‘(I) submits a letter to the Secretary de- PHASE.—A core capacity improvement and scribing the project and requesting entry project shall be deemed to have entered into ‘‘(iv) whether the project will improve en- into the project development phase; and the project development phase if— vironmental outcomes. ‘‘(II) initiates activities required to be car- ‘‘(i) the applicant— ‘‘(f) FINANCING SOURCES.— ried out under the National Environmental ‘‘(I) submits a letter to the Secretary de- ‘‘(1) REQUIREMENTS.—In determining Policy Act of 1969 (42 U.S.C. 4321 et seq.) with scribing the project and requesting entry whether a project is supported by an accept- respect to the project; and into the project development phase; and able degree of local financial commitment ‘‘(ii) the Secretary responds in writing to ‘‘(II) initiates activities required to be car- and shows evidence of stable and dependable the applicant within 45 days whether the in- ried out under the National Environmental financing sources for purposes of subsection formation provided is sufficient to enter into Policy Act of 1969 (42 U.S.C. 4321 et seq.) with (d)(2)(A)(v) or (e)(2)(A)(v), the Secretary shall the project development phase, including, respect to the project; and require that— when necessary, a detailed description of any ‘‘(ii) the Secretary responds in writing to ‘‘(A) the proposed project plan provides for information deemed insufficient. the applicant within 45 days whether the in- the availability of contingency amounts that ‘‘(B) ACTIVITIES DURING PROJECT DEVELOP- formation provided is sufficient to enter into the Secretary determines to be reasonable to MENT PHASE.—Concurrent with the analysis the project development phase, including cover unanticipated cost increases or fund- required to be made under the National En- when necessary a detailed description of any ing shortfalls; vironmental Policy Act of 1969 (42 U.S.C. 4321 information deemed insufficient. ‘‘(B) each proposed local source of capital et seq.), each applicant shall develop suffi- ‘‘(B) ACTIVITIES DURING PROJECT DEVELOP- and operating financing is stable, reliable, cient information to enable the Secretary to MENT PHASE.—Concurrent with the analysis and available within the proposed project make findings of project justification, poli- required to be made under the National En- timetable; and cies and land use patterns that promote pub- vironmental Policy Act of 1969 (42 U.S.C. 4321 ‘‘(C) local resources are available to recapi- lic transportation, and local financial com- et seq.), each applicant shall develop suffi- talize, maintain, and operate the overall ex- mitment under this subsection. cient information to enable the Secretary to isting and proposed public transportation ‘‘(C) COMPLETION OF PROJECT DEVELOPMENT make findings of project justification and system, including essential feeder bus and ACTIVITIES REQUIRED.— local financial commitment under this sub- other services necessary to achieve the pro- ‘‘(i) IN GENERAL.—Not later than 2 years section. jected ridership levels without requiring a after the date on which a project enters into ‘‘(C) COMPLETION OF PROJECT DEVELOPMENT reduction in existing public transportation the project development phase, the applicant ACTIVITIES REQUIRED.— services or level of service to operate the shall complete the activities required to ob- ‘‘(i) IN GENERAL.—Not later than 2 years project. tain a project rating under subsection (g)(2) after the date on which a project enters into ‘‘(2) CONSIDERATIONS.—In assessing the sta- and submit completed documentation to the the project development phase, the applicant bility, reliability, and availability of pro- Secretary. shall complete the activities required to ob- posed sources of local financing for purposes ‘‘(ii) EXTENSION OF TIME.—Upon the request tain a project rating under subsection (g)(2) of subsection (d)(2)(A)(v) or (e)(2)(A)(v), the of an applicant, the Secretary may extend and submit completed documentation to the Secretary shall consider— the time period under clause (i), if the appli- Secretary. ‘‘(A) the reliability of the forecasting cant submits to the Secretary— ‘‘(ii) EXTENSION OF TIME.—Upon the request methods used to estimate costs and revenues ‘‘(I) a reasonable plan for completing the of an applicant, the Secretary may extend made by the recipient and the contractors to activities required under this paragraph; and the time period under clause (i), if the appli- the recipient; ‘‘(II) an estimated time period within cant submits to the Secretary— ‘‘(B) existing grant commitments; which the applicant will complete such ac- ‘‘(I) a reasonable plan for completing the ‘‘(C) the degree to which financing sources tivities. activities required under this paragraph; and are dedicated to the proposed purposes;

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‘‘(D) any debt obligation that exists, or is ‘‘(5) POLICY GUIDANCE.—The Secretary shall ‘‘(B) RATINGS.— proposed by the recipient, for the proposed issue policy guidance regarding the review ‘‘(i) OVERALL RATING.—In making a deter- project or other public transportation pur- and evaluation process and criteria— mination under subparagraph (A), the Sec- pose; and ‘‘(A) not later than 180 days after the date retary shall evaluate and rate a program of ‘‘(E) the extent to which the project has a of enactment of the Federal Public Transpor- interrelated projects on a 5-point scale (high, local financial commitment that exceeds the tation Act of 2012; and medium-high, medium, medium-low, or low) required non-Government share of the cost ‘‘(B) each time the Secretary makes sig- based on the criteria described in paragraph of the project. nificant changes to the process and criteria, (2). ‘‘(g) PROJECT ADVANCEMENT AND RATINGS.— but not less frequently than once every 2 ‘‘(ii) INDIVIDUAL RATING FOR EACH CRI- ‘‘(1) PROJECT ADVANCEMENT.—A new fixed years. TERION.—In rating a program of interrelated guideway capital project or core capacity ‘‘(6) RULES.—Not later than 1 year after projects, the Secretary shall provide, in ad- improvement project proposed to be carried the date of enactment of the Federal Public dition to the overall program rating, indi- out using a grant under this section may not Transportation Act of 2012, the Secretary vidual ratings for each of the criteria de- advance from the project development phase shall issue rules establishing an evaluation scribed in paragraph (2) and shall give com- to the engineering phase, or from the engi- and rating process for— parable, but not necessarily equal, numerical neering phase to the construction phase, un- ‘‘(A) new fixed guideway capital projects weight to each such criterion in calculating less the Secretary determines that— that is based on the results of project jus- the overall program rating. ‘‘(A) the project meets the applicable re- tification, policies and land use patterns ‘‘(iii) MEDIUM RATING NOT REQUIRED.—The quirements under this section; and that promote public transportation, and Secretary shall not require that any single ‘‘(B) there is a reasonable likelihood that local financial commitment, as required criterion described in paragraph (2) meet or the project will continue to meet the re- under this subsection; and exceed a ‘medium’ rating in order to advance quirements under this section. ‘‘(B) core capacity improvement projects the program of interrelated projects from ‘‘(2) RATINGS.— that is based on the results of the capacity one phase to another. ‘‘(A) OVERALL RATING.—In making a deter- needs of the corridor, project justification, ‘‘(4) ANNUAL REVIEW.— mination under paragraph (1), the Secretary and local financial commitment. ‘‘(A) REVIEW REQUIRED.—The Secretary shall evaluate and rate a project as a whole ‘‘(7) APPLICABILITY.—This subsection shall shall annually review the program imple- on a 5-point scale (high, medium-high, me- not apply to a project for which the Sec- mentation plan required under paragraph dium, medium-low, or low) based on— retary issued a letter of intent, entered into (2)(E) to determine whether the program of ‘‘(i) in the case of a new fixed guideway a full funding grant agreement, or entered interrelated projects is adhering to its sched- capital project, the project justification cri- into a project construction agreement before ule. teria under subsection (d)(2)(A)(iii), the poli- the date of enactment of the Federal Public ‘‘(B) EXTENSION OF TIME.—If a program of cies and land use patterns that support pub- Transportation Act of 2012. interrelated projects is not adhering to its lic transportation, and the degree of local fi- ‘‘(h) PROGRAMS OF INTERRELATED schedule, the Secretary may, upon the re- nancial commitment; and PROJECTS.— quest of the applicant, grant an extension of ‘‘(ii) in the case of a core capacity im- ‘‘(1) PROJECT DEVELOPMENT PHASE.—A fed- time if the applicant submits a reasonable provement project, the capacity needs of the erally funded project in a program of inter- plan that includes— corridor, the project justification criteria related projects shall advance through ‘‘(i) evidence of continued adequate fund- under subsection (e)(2)(A)(iv), and the degree project development as provided in sub- ing; and of local financial commitment. section (d) or (e), as applicable. ‘‘(ii) an estimated time frame for com- ‘‘(B) INDIVIDUAL RATINGS FOR EACH CRI- ‘‘(2) ENGINEERING PHASE.—A federally fund- pleting the program of interrelated projects. TERION.—In rating a project under this para- ed project in a program of interrelated ‘‘(C) SATISFACTORY PROGRESS REQUIRED.—If graph, the Secretary shall— projects may advance into the engineering the Secretary determines that a program of ‘‘(i) provide, in addition to the overall phase upon completion of activities required interrelated projects is not making satisfac- project rating under subparagraph (A), indi- under the National Environmental Policy tory progress, no Federal funds shall be pro- vidual ratings for each of the criteria estab- Act of 1969 (42 U.S.C. 4321 et seq.), as dem- vided for a project within the program of lished under subsection (d)(2)(A)(iii) or onstrated by a record of decision with re- interrelated projects. (e)(2)(A)(iv), as applicable; and spect to the project, a finding that the ‘‘(5) FAILURE TO CARRY OUT PROGRAM OF ‘‘(ii) give comparable, but not necessarily project has no significant impact, or a deter- INTERRELATED PROJECTS.— equal, numerical weight to each of the cri- mination that the project is categorically ‘‘(A) REPAYMENT REQUIRED.—If an appli- teria established under subsections excluded, only if the Secretary determines cant does not carry out the program of inter- (d)(2)(A)(iii) or (e)(2)(A)(iv), as applicable, in that— related projects within a reasonable time, calculating the overall project rating under ‘‘(A) the project is selected as the locally for reasons within the control of the appli- clause (i). preferred alternative at the completion of cant, the applicant shall repay all Federal ‘‘(C) MEDIUM RATING NOT REQUIRED.—The the process required under the National En- funds provided for the program, and any rea- Secretary shall not require that any single vironmental Policy Act of 1969; sonable interest and penalty charges that project justification criterion meet or exceed ‘‘(B) the project is adopted into the metro- the Secretary may establish. a ‘medium’ rating in order to advance the politan transportation plan required under ‘‘(B) CREDITING OF FUNDS RECEIVED.—Any project from one phase to another. section 5303; funds received by the Government under this ‘‘(3) WARRANTS.—The Secretary shall, to ‘‘(C) the program of interrelated projects paragraph, other than interest and penalty the maximum extent practicable, develop involves projects that have a logical charges, shall be credited to the appropria- and use special warrants for making a connectivity to one another; tion account from which the funds were project justification determination under ‘‘(D) the program of interrelated projects, originally derived. subsection (d)(2) or (e)(2), as applicable, for a when evaluated as a whole, meets the re- ‘‘(6) NON-FEDERAL FUNDS.—Any non-Fed- project proposed to be funded using a grant quirements of subsection (d)(2) or (e)(2), as eral funds committed to a project in a pro- under this section, if— applicable; gram of interrelated projects may be used to ‘‘(A) the share of the cost of the project to ‘‘(E) the program of interrelated projects is meet a non-Government share requirement be provided under this section does not ex- supported by a program implementation plan for any other project in the program of inter- ceed— demonstrating that construction will begin related projects, if the Government share of ‘‘(i) $100,000,000; or on each of the projects in the program of the cost of each project within the program ‘‘(ii) 50 percent of the total cost of the interrelated projects within a reasonable of interrelated projects does not exceed 80 project; time frame; and percent. ‘‘(B) the applicant requests the use of the ‘‘(F) the program of interrelated projects is ‘‘(7) PRIORITY.—In making grants under warrants; supported by an acceptable degree of local fi- this section, the Secretary may give priority ‘‘(C) the applicant certifies that its exist- nancial commitment, as described in sub- to programs of interrelated projects for ing public transportation system is in a section (f). which the non-Government share of the cost state of good repair; and ‘‘(3) PROJECT ADVANCEMENT AND RATINGS.— of the projects included in the programs of ‘‘(D) the applicant meets any other re- ‘‘(A) PROJECT ADVANCEMENT.—A project re- interrelated projects exceeds the non-Gov- quirements that the Secretary considers ap- ceiving a grant under this section that is ernment share required under subsection (k). propriate to carry out this subsection. part of a program of interrelated projects ‘‘(8) NON-GOVERNMENT PROJECTS.—Including ‘‘(4) LETTERS OF INTENT AND EARLY SYSTEMS may not advance from the project develop- a project not financed by the Government in WORK AGREEMENTS.—In order to expedite a ment phase to the engineering phase, or from a program of interrelated projects does not project under this subsection, the Secretary the engineering phase to the construction impose Government requirements that would shall, to the maximum extent practicable, phase, unless the Secretary determines that not otherwise apply to the project. issue letters of intent and enter into early the program of interrelated projects meets ‘‘(i) PREVIOUSLY ISSUED LETTER OF INTENT systems work agreements upon issuance of a the applicable requirements of this section OR FULL FUNDING GRANT AGREEMENT.—Sub- record of decision for projects that receive and there is a reasonable likelihood that the sections (d) and (e) shall not apply to an overall project rating of medium or bet- program will continue to meet such require- projects for which the Secretary has issued a ter. ments. letter of intent, entered into a full funding

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grant agreement, or entered into a project ‘‘(E) BEFORE AND AFTER STUDY.— fied in law in advance for commitments construction grant agreement before the ‘‘(i) IN GENERAL.—A full funding grant under this paragraph, to obligate an addi- date of enactment of the Federal Public agreement under this paragraph shall re- tional amount from future available budget Transportation Act of 2012. quire the applicant to conduct a study that— authority specified in law. ‘‘(j) LETTERS OF INTENT, FULL FUNDING ‘‘(I) describes and analyzes the impacts of ‘‘(iii) PERIOD COVERED.—An early systems GRANT AGREEMENTS, AND EARLY SYSTEMS the new fixed guideway capital project or work agreement under this paragraph shall WORK AGREEMENTS.— core capacity improvement project on public cover the period of time the Secretary con- ‘‘(1) LETTERS OF INTENT.— transportation services and public transpor- siders appropriate. The period may extend ‘‘(A) AMOUNTS INTENDED TO BE OBLIGATED.— tation ridership; beyond the period of current authorization. The Secretary may issue a letter of intent to ‘‘(II) evaluates the consistency of predicted ‘‘(iv) INTEREST AND OTHER FINANCING an applicant announcing an intention to ob- and actual project characteristics and per- COSTS.—Interest and other financing costs of ligate, for a new fixed guideway capital formance; and efficiently carrying out the early systems project or core capacity improvement ‘‘(III) identifies reasons for differences be- work agreement within a reasonable time project, an amount from future available tween predicted and actual outcomes. are a cost of carrying out the agreement, ex- budget authority specified in law that is not ‘‘(ii) INFORMATION COLLECTION AND ANAL- cept that eligible costs may not be more more than the amount stipulated as the fi- YSIS PLAN.— than the cost of the most favorable financing nancial participation of the Secretary in the ‘‘(I) SUBMISSION OF PLAN.—Applicants seek- terms reasonably available for the project at project. When a letter is issued for a capital ing a full funding grant agreement under the time of borrowing. The applicant shall project under this section, the amount shall this paragraph shall submit a complete plan certify, in a way satisfactory to the Sec- be sufficient to complete at least an operable for the collection and analysis of informa- retary, that the applicant has shown reason- segment. tion to identify the impacts of the new fixed able diligence in seeking the most favorable ‘‘(B) TREATMENT.—The issuance of a letter guideway capital project or core capacity financing terms. under subparagraph (A) is deemed not to be improvement project and the accuracy of the ‘‘(v) FAILURE TO CARRY OUT PROJECT.—If an an obligation under sections 1108(c), 1501, and forecasts prepared during the development of applicant does not carry out the project for 1502(a) of title 31, United States Code, or an the project. Preparation of this plan shall be reasons within the control of the applicant, administrative commitment. included in the full funding grant agreement the applicant shall repay all Federal grant ‘‘(2) FULL FUNDING GRANT AGREEMENTS.— as an eligible activity. funds awarded for the project from all Fed- ‘‘(A) IN GENERAL.—A new fixed guideway ‘‘(II) CONTENTS OF PLAN.—The plan sub- eral funding sources, for all project activi- capital project or core capacity improve- mitted under subclause (I) shall provide for— ties, facilities, and equipment, plus reason- ment project shall be carried out through a ‘‘(aa) collection of data on the current pub- able interest and penalty charges allowable full funding grant agreement. lic transportation system regarding public by law or established by the Secretary in the ‘‘(B) CRITERIA.—The Secretary shall enter transportation service levels and ridership early systems work agreement. into a full funding grant agreement, based on patterns, including origins and destinations, REDITING OF FUNDS RECEIVED.—Any the evaluations and ratings required under ‘‘(vi) C access modes, trip purposes, and rider char- funds received by the Government under this subsection (d), (e), or (h), as applicable, with acteristics; each grantee receiving assistance for a new paragraph, other than interest and penalty ‘‘(bb) documentation of the predicted charges, shall be credited to the appropria- fixed guideway capital project or core capac- scope, service levels, capital costs, operating tion account from which the funds were ity improvement project that has been rated costs, and ridership of the project; originally derived. as high, medium-high, or medium, in accord- ‘‘(cc) collection of data on the public trans- ‘‘(4) LIMITATION ON AMOUNTS.— ance with subsection (g)(2)(A) or (h)(3)(B), as portation system 2 years after the opening of ‘‘(A) IN GENERAL.—The Secretary may applicable. a new fixed guideway capital project or core enter into full funding grant agreements ‘‘(C) TERMS.—A full funding grant agree- capacity improvement project, including under this subsection for new fixed guideway ment shall— analogous information on public transpor- capital projects and core capacity improve- ‘‘(i) establish the terms of participation by tation service levels and ridership patterns ment projects that contain contingent com- the Government in a new fixed guideway and information on the as-built scope, cap- mitments to incur obligations in such capital project or core capacity improve- ital, and financing costs of the project; and ment project; ‘‘(dd) analysis of the consistency of pre- amounts as the Secretary determines are ap- ‘‘(ii) establish the maximum amount of dicted project characteristics with actual propriate. Federal financial assistance for the project; outcomes. ‘‘(B) APPROPRIATION REQUIRED.—An obliga- tion may be made under this subsection only ‘‘(iii) include the period of time for com- ‘‘(F) COLLECTION OF DATA ON CURRENT SYS- when amounts are appropriated for the obli- pleting the project, even if that period ex- TEM.—To be eligible for a full funding grant tends beyond the period of an authorization; agreement under this paragraph, recipients gation. and shall have collected data on the current sys- ‘‘(5) NOTIFICATION TO CONGRESS.—At least ‘‘(iv) make timely and efficient manage- tem, according to the plan required under 30 days before issuing a letter of intent, en- ment of the project easier according to the subparagraph (E)(ii), before the beginning of tering into a full funding grant agreement, law of the United States. construction of the proposed new fixed guide- or entering into an early systems work ‘‘(D) SPECIAL FINANCIAL RULES.— way capital project or core capacity im- agreement under this section, the Secretary ‘‘(i) IN GENERAL.—A full funding grant provement project. Collection of this data shall notify, in writing, the Committee on agreement under this paragraph obligates an shall be included in the full funding grant Banking, Housing, and Urban Affairs and the amount of available budget authority speci- agreement as an eligible activity. Committee on Appropriations of the Senate fied in law and may include a commitment, ‘‘(3) EARLY SYSTEMS WORK AGREEMENTS.— and the Committee on Transportation and contingent on amounts to be specified in law ‘‘(A) CONDITIONS.—The Secretary may Infrastructure and the Committee on Appro- in advance for commitments under this para- enter into an early systems work agreement priations of the House of Representatives of graph, to obligate an additional amount with an applicant if a record of decision the proposed letter or agreement. The Sec- from future available budget authority spec- under the National Environmental Policy retary shall include with the notification a ified in law. Act of 1969 (42 U.S.C. 4321 et seq.) has been copy of the proposed letter or agreement as ‘‘(ii) STATEMENT OF CONTINGENT COMMIT- issued on the project and the Secretary finds well as the evaluations and ratings for the MENT.—The agreement shall state that the there is reason to believe— project. contingent commitment is not an obligation ‘‘(i) a full funding grant agreement for the ‘‘(k) GOVERNMENT SHARE OF NET CAPITAL of the Government. project will be made; and PROJECT COST.— ‘‘(iii) INTEREST AND OTHER FINANCING ‘‘(ii) the terms of the work agreement will ‘‘(1) IN GENERAL.—Based on engineering COSTS.—Interest and other financing costs of promote ultimate completion of the project studies, studies of economic feasibility, and efficiently carrying out a part of the project more rapidly and at less cost. information on the expected use of equip- within a reasonable time are a cost of car- ‘‘(B) CONTENTS.— ment or facilities, the Secretary shall esti- rying out the project under a full funding ‘‘(i) IN GENERAL.—An early systems work mate the net capital project cost. A grant for grant agreement, except that eligible costs agreement under this paragraph obligates the project shall not exceed 80 percent of the may not be more than the cost of the most budget authority available under this chap- net capital project cost. favorable financing terms reasonably avail- ter and title 23 and shall provide for reim- ‘‘(2) ADJUSTMENT FOR COMPLETION UNDER able for the project at the time of borrowing. bursement of preliminary costs of carrying BUDGET.—The Secretary may adjust the final The applicant shall certify, in a way satis- out the project, including land acquisition, net capital project cost of a new fixed guide- factory to the Secretary, that the applicant timely procurement of system elements for way capital project or core capacity im- has shown reasonable diligence in seeking which specifications are decided, and other provement project evaluated under sub- the most favorable financing terms. activities the Secretary decides are appro- section (d), (e), or (h) to include the cost of ‘‘(iv) COMPLETION OF OPERABLE SEGMENT.— priate to make efficient, long-term project eligible activities not included in the origi- The amount stipulated in an agreement management easier. nally defined project if the Secretary deter- under this paragraph for a new fixed guide- ‘‘(ii) CONTINGENT COMMITMENT.—An early mines that the originally defined project has way capital project shall be sufficient to systems work agreement may include a com- been completed at a cost that is significantly complete at least an operable segment. mitment, contingent on amounts to be speci- below the original estimate.

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‘‘(3) MAXIMUM GOVERNMENT SHARE.—The available or appropriated. Any amounts that nancial assistance under section 5309 of title Secretary may provide a higher grant per- are unobligated to the project at the end of 49, United States Code; and centage than requested by the grant recipi- the 5-fiscal-year period may be used by the (B) at least 1 shall be an eligible project re- ent if— Secretary for any purpose under this section. questing less than $100,000,000 in Federal fi- ‘‘(A) the Secretary determines that the net ‘‘(2) USE OF DEOBLIGATED AMOUNTS.—An nancial assistance under section 5309 of title capital project cost of the project is not amount available under this section that is 49, United States Code. more than 10 percent higher than the net deobligated may be used for any purpose (4) GOVERNMENT SHARE.—The Government capital project cost estimated at the time under this section. share of the total cost of an eligible project the project was approved for advancement ‘‘(n) REPORTS ON NEW FIXED GUIDEWAY AND that participates in the program may not ex- into the engineering phase; and CORE CAPACITY IMPROVEMENT PROJECTS.— ceed 50 percent. ‘‘(B) the ridership estimated for the project ‘‘(1) ANNUAL REPORT ON FUNDING REC- (5) ELIGIBILITY.—A recipient that desires to is not less than 90 percent of the ridership es- OMMENDATIONS.—Not later than the first participate in the program shall submit to timated for the project at the time the Monday in February of each year, the Sec- the Secretary an application that contains, project was approved for advancement into retary shall submit to the Committee on at a minimum— the engineering phase. Banking, Housing, and Urban Affairs and the (A) identification of an eligible project; ‘‘(4) REMAINDER OF NET CAPITAL PROJECT Committee on Appropriations of the Senate (B) a schedule and finance plan for the con- COST.—The remainder of the net capital and the Committee on Transportation and struction and operation of the eligible project cost shall be provided from an undis- Infrastructure and the Committee on Appro- project; tributed cash surplus, a replacement or de- priations of the House of Representatives a (C) an analysis of the efficiencies of the preciation cash fund or reserve, or new cap- report that includes— proposed project development and delivery ital. ‘‘(A) a proposal of allocations of amounts methods or innovative financing arrange- ‘‘(5) LIMITATION ON STATUTORY CONSTRUC- to be available to finance grants for projects ment for the eligible project; and TION.—Nothing in this section shall be con- under this section among applicants for (D) a certification that the recipient’s ex- strued as authorizing the Secretary to re- these amounts; isting public transportation system is in a quire a non-Federal financial commitment ‘‘(B) evaluations and ratings, as required state of good repair. for a project that is more than 20 percent of under subsections (d), (e), and (h), for each (6) SELECTION CRITERIA.—The Secretary the net capital project cost. such project that is in project development, may award a full funding grant agreement ‘‘(6) SPECIAL RULE FOR ROLLING STOCK engineering, or has received a full funding under this subsection if the Secretary deter- COSTS.—In addition to amounts allowed pur- grant agreement; and mines that— suant to paragraph (1), a planned extension ‘‘(C) recommendations of such projects for (A) the recipient has completed planning to a fixed guideway system may include the funding based on the evaluations and ratings and the activities required under the Na- cost of rolling stock previously purchased if and on existing commitments and antici- tional Environmental Policy Act of 1969 (42 the applicant satisfies the Secretary that pated funding levels for the next 3 fiscal U.S.C. 4321 et seq.); and only amounts other than amounts provided years based on information currently avail- (B) the recipient has the necessary legal, by the Government were used and that the able to the Secretary. financial, and technical capacity to carry purchase was made for use on the extension. ‘‘(2) REPORTS ON BEFORE AND AFTER STUD- out the eligible project. A refund or reduction of the remainder may IES.—Not later than the first Monday in Au- (7) BEFORE AND AFTER STUDY AND REPORT.— be made only if a refund of a proportional gust of each year, the Secretary shall submit (A) STUDY REQUIRED.—A full funding grant amount of the grant of the Government is to the committees described in paragraph (1) agreement under this paragraph shall re- made at the same time. a report containing a summary of the results quire a recipient to conduct a study that— ‘‘(7) LIMITATION ON APPLICABILITY.—This of any studies conducted under subsection (i) describes and analyzes the impacts of subsection shall not apply to projects for (j)(2)(E). the eligible project on public transportation which the Secretary entered into a full fund- ‘‘(3) ANNUAL GAO REVIEW.—The Comptroller services and public transportation ridership; ing grant agreement before the date of en- General of the United States shall— (ii) describes and analyzes the consistency actment of the Federal Public Transpor- ‘‘(A) conduct an annual review of— of predicted and actual benefits and costs of tation Act of 2012. ‘‘(i) the processes and procedures for evalu- the innovative project development and de- ‘‘(l) UNDERTAKING PROJECTS IN ADVANCE.— ating, rating, and recommending new fixed livery methods or innovative financing for ‘‘(1) IN GENERAL.—The Secretary may pay guideway capital projects and core capacity the eligible project; and the Government share of the net capital improvement projects; and (iii) identifies reasons for any differences project cost to a State or local governmental ‘‘(ii) the Secretary’s implementation of between predicted and actual outcomes for authority that carries out any part of a such processes and procedures; and the eligible project. project described in this section without the ‘‘(B) report to Congress on the results of (B) SUBMISSION OF REPORT.—Not later than aid of amounts of the Government and ac- such review by May 31 of each year.’’. 9 months after an eligible project selected to cording to all applicable procedures and re- (b) PILOT PROGRAM FOR EXPEDITED PROJECT participate in the program begins revenue quirements if— DELIVERY.— operations, the recipient shall submit to the ‘‘(A) the State or local governmental au- (1) DEFINITIONS.—In this subsection the fol- Secretary a report on the results of the thority applies for the payment; lowing definitions shall apply: study under subparagraph (A). ‘‘(B) the Secretary approves the payment; (A) ELIGIBLE PROJECT.—The term ‘‘eligible SEC. 40011. FORMULA GRANTS FOR THE EN- and project’’ means a new fixed guideway capital HANCED MOBILITY OF SENIORS AND ‘‘(C) before the State or local govern- project or a core capacity improvement INDIVIDUALS WITH DISABILITIES. mental authority carries out the part of the project, as those terms are defined in section Section 5310 of title 49, United States Code, project, the Secretary approves the plans 5309 of title 49, United States Code, as is amended to read as follows: and specifications for the part in the same amended by this section, that has not en- ‘‘§ 5310. Formula grants for the enhanced mo- way as other projects under this section. tered into a full funding grant agreement bility of seniors and individuals with dis- ‘‘(2) FINANCING COSTS.— with the Federal Transit Administration be- abilities ‘‘(A) IN GENERAL.—The cost of carrying out fore the date of enactment of the Federal ‘‘(a) DEFINITIONS.—In this section, the fol- part of a project includes the amount of in- Public Transportation Act of 2012. lowing definitions shall apply: terest earned and payable on bonds issued by (B) PROGRAM.—The term ‘‘program’’ means ‘‘(1) RECIPIENT.—The term ‘recipient’ the State or local governmental authority to the pilot program for expedited project deliv- means a designated recipient or a State that the extent proceeds of the bonds are ex- ery established under this subsection. receives a grant under this section directly. pended in carrying out the part. (C) RECIPIENT.—The term ‘‘recipient’’ ‘‘(2) SUBRECIPIENT.—The term ‘sub- ‘‘(B) LIMITATION ON AMOUNT OF INTEREST.— means a recipient of funding under chapter recipient’ means a State or local govern- The amount of interest under this paragraph 53 of title 49, United States Code. mental authority, nonprofit organization, or may not be more than the most favorable in- (D) SECRETARY.—The term ‘‘Secretary’’ operator of public transportation that re- terest terms reasonably available for the means the Secretary of Transportation. ceives a grant under this section indirectly project at the time of borrowing. (2) ESTABLISHMENT.—The Secretary shall through a recipient. ‘‘(C) CERTIFICATION.—The applicant shall establish and implement a pilot program to ‘‘(b) GENERAL AUTHORITY.— certify, in a manner satisfactory to the Sec- demonstrate whether innovative project de- ‘‘(1) GRANTS.—The Secretary may make retary, that the applicant has shown reason- velopment and delivery methods or innova- grants under this section to recipients for— able diligence in seeking the most favorable tive financing arrangements can expedite ‘‘(A) public transportation capital projects financing terms. project delivery for certain meritorious new planned, designed, and carried out to meet ‘‘(m) AVAILABILITY OF AMOUNTS.— fixed guideway capital projects and core ca- the special needs of seniors and individuals ‘‘(1) IN GENERAL.—An amount made avail- pacity improvement projects. with disabilities when public transportation able or appropriated for a new fixed guide- (3) LIMITATION ON NUMBER OF PROJECTS.— is insufficient, inappropriate, or unavailable; way capital project or core capacity im- The Secretary shall select 3 eligible projects ‘‘(B) public transportation projects that provement project shall remain available to to participate in the program, of which— exceed the requirements of the Americans that project for 5 fiscal years, including the (A) at least 1 shall be an eligible project re- with Disabilities Act of 1990 (42 U.S.C. 12101 fiscal year in which the amount is made questing more than $100,000,000 in Federal fi- et seq.);

VerDate Mar 15 2010 05:24 Jun 04, 2013 Jkt 099060 PO 00000 Frm 00128 Fmt 4624 Sfmt 0634 J:\CRONLINE\2000-THRU-2012-ONLINE-CORRECTIONS\2012 RECORD ONLINE CORREC bjneal on DSK2TWX8P1PROD with February 9, 2012 CONGRESSIONAL RECORD — SENATE S523 ‘‘(C) public transportation projects that duce service to public transportation pas- may not exceed an amount equal to 50 per- improve access to fixed route service and de- sengers. cent of the net operating costs of the project, crease reliance by individuals with disabil- ‘‘(c) APPORTIONMENT AND TRANSFERS.— as determined by the Secretary. ities on complementary paratransit; and ‘‘(1) FORMULA.—The Secretary shall appor- ‘‘(3) REMAINDER OF NET COSTS.—The re- ‘‘(D) alternatives to public transportation tion amounts made available to carry out mainder of the net costs of a project carried that assist seniors and individuals with dis- this section as follows: out under this section— abilities with transportation. ‘‘(A) LARGE URBANIZED AREAS.—Sixty per- ‘‘(A) may be provided from an undistrib- ‘‘(2) LIMITATIONS FOR CAPITAL PROJECTS.— cent of the funds shall be apportioned among uted cash surplus, a replacement or deprecia- ‘‘(A) AMOUNT AVAILABLE.—The amount designated recipients for urbanized areas tion cash fund or reserve, a service agree- available for capital projects under para- with a population of 200,000 or more individ- ment with a State or local social service graph (1)(A) shall be not less than 55 percent uals, as determined by the Bureau of the agency or a private social service organiza- of the funds apportioned to the recipient Census, in the ratio that— tion, or new capital; and under this section. ‘‘(i) the number of seniors and individuals ‘‘(B) may be derived from amounts appro- ‘‘(B) ALLOCATION TO SUBRECIPIENTS.—A re- with disabilities in each such urbanized area; priated or otherwise made available— cipient of a grant under paragraph (1)(A) bears to ‘‘(i) to a department or agency of the Gov- may allocate the amounts provided under ‘‘(ii) the number of seniors and individuals ernment (other than the Department of the grant to— with disabilities in all such urbanized areas. Transportation) that are eligible to be ex- ‘‘(i) a nonprofit organization; or ‘‘(B) SMALL URBANIZED AREAS.—Twenty pended for transportation; or ‘‘(ii) a State or local governmental author- percent of the funds shall be apportioned ‘‘(ii) to carry out the Federal lands high- ity that— among the States in the ratio that— ways program under section 204 of title 23, ‘‘(I) is approved by a State to coordinate ‘‘(i) the number of seniors and individuals United States Code. services for seniors and individuals with dis- with disabilities in urbanized areas with a ‘‘(4) USE OF CERTAIN FUNDS.—For purposes abilities; or population of fewer than 200,000 individuals, of paragraph (3)(B)(i), the prohibition under ‘‘(II) certifies that there are no nonprofit as determined by the Bureau of the Census, section 403(a)(5)(C)(vii) of the Social Security organizations readily available in the area to in each State; bears to Act (42 U.S.C. 603(a)(5)(C)(vii)) on the use of provide the services described in paragraph ‘‘(ii) the number of seniors and individuals grant funds for matching requirements shall (1)(A). with disabilities in urbanized areas with a not apply to Federal or State funds to be ‘‘(3) ADMINISTRATIVE EXPENSES.— population of fewer than 200,000 individuals, used for transportation purposes. ‘‘(A) IN GENERAL.—A recipient may use not as determined by the Bureau of the Census, more than 10 percent of the amounts appor- in all States. ‘‘(e) GRANT REQUIREMENTS.— tioned to the recipient under this section to ‘‘(C) OTHER THAN URBANIZED AREAS.—Twen- ‘‘(1) IN GENERAL.—A grant under this sec- administer, plan, and provide technical as- ty percent of the funds shall be apportioned tion shall be subject to the same require- sistance for a project funded under this sec- among the States in the ratio that— ments as a grant under section 5307, to the tion. ‘‘(i) the number of seniors and individuals extent the Secretary determines appro- ‘‘(B) GOVERNMENT SHARE OF COSTS.—The with disabilities in other than urbanized priate. Government share of the costs of admin- areas in each State; bears to ‘‘(2) CERTIFICATION REQUIREMENTS.— istering a program carried out using funds ‘‘(ii) the number of seniors and individuals ‘‘(A) PROJECT SELECTION AND PLAN DEVEL- under this section shall be 100 percent. with disabilities in other than urbanized OPMENT.—Before receiving a grant under this ‘‘(4) ELIGIBLE CAPITAL EXPENSES.—The ac- areas in all States. section, each recipient shall certify that— quisition of public transportation services is ‘‘(2) AREAS SERVED BY PROJECTS.— ‘‘(i) the projects selected by the recipient an eligible capital expense under this sec- ‘‘(A) IN GENERAL.—Except as provided in are included in a locally developed, coordi- tion. subparagraph (B)— nated public transit-human services trans- ‘‘(5) COORDINATION.— ‘‘(i) funds apportioned under paragraph portation plan; ‘‘(A) DEPARTMENT OF TRANSPORTATION.—To (1)(A) shall be used for projects serving ur- ‘‘(ii) the plan described in clause (i) was de- the maximum extent feasible, the Secretary banized areas with a population of 200,000 or veloped and approved through a process that shall coordinate activities under this section more individuals, as determined by the Bu- included participation by seniors, individ- with related activities under other Federal reau of the Census; uals with disabilities, representatives of pub- departments and agencies. ‘‘(ii) funds apportioned under paragraph lic, private, and nonprofit transportation ‘‘(B) OTHER FEDERAL AGENCIES AND NON- (1)(B) shall be used for projects serving ur- and human services providers, and other PROFIT ORGANIZATIONS.—A State or local gov- banized areas with a population of fewer members of the public; and ernmental authority or nonprofit organiza- than 200,000 individuals, as determined by ‘‘(iii) to the maximum extent feasible, the tion that receives assistance from Govern- the Bureau of the Census; and services funded under this section will be co- ment sources (other than the Department of ‘‘(iii) funds apportioned under paragraph ordinated with transportation services as- Transportation) for nonemergency transpor- (1)(C) shall be used for projects serving other sisted by other Federal departments and tation services shall— than urbanized areas. agencies. ‘‘(i) participate and coordinate with recipi- ‘‘(B) EXCEPTIONS.—A State may use funds ‘‘(B) ALLOCATIONS TO SUBRECIPIENTS.—If a ents of assistance under this chapter in the apportioned to the State under subparagraph recipient allocates funds received under this design and delivery of transportation serv- (B) or (C) of paragraph (1)— section to subrecipients, the recipient shall ices; and ‘‘(i) for a project serving an area other certify that the funds are allocated on a fair ‘‘(ii) participate in the planning for the than an area specified in subparagraph and equitable basis. transportation services described in clause (A)(ii) or (A)(iii), as the case may be, if the ‘‘(f) COMPETITIVE PROCESS FOR GRANTS TO (i). Governor of the State certifies that all of the SUBRECIPIENTS.— ‘‘(6) PROGRAM OF PROJECTS.— objectives of this section are being met in ‘‘(1) AREAWIDE SOLICITATIONS.—A recipient ‘‘(A) IN GENERAL.—Amounts made avail- the area specified in subparagraph (A)(ii) or of funds apportioned under subsection able to carry out this section may be used (A)(iii); or (c)(1)(A) may conduct, in cooperation with for transportation projects to assist in pro- ‘‘(ii) for a project anywhere in the State, if the appropriate metropolitan planning orga- viding transportation services for seniors the State has established a statewide pro- nization, an areawide solicitation for appli- and individuals with disabilities, if such gram for meeting the objectives of this sec- cations for grants under this section. transportation projects are included in a pro- tion. ‘‘(2) STATEWIDE SOLICITATIONS.—A recipient gram of projects. ‘‘(C) LIMITED TO ELIGIBLE PROJECTS.—Any of funds apportioned under subparagraph (B) ‘‘(B) SUBMISSION.—A recipient shall annu- funds transferred pursuant to subparagraph or (C) of subsection (c)(1) may conduct a ally submit a program of projects to the Sec- (B) shall be made available only for eligible statewide solicitation for applications for retary. projects selected under this section. grants under this section. ‘‘(C) ASSURANCE.—The program of projects ‘‘(D) CONSULTATION.—A recipient may ‘‘(3) APPLICATION.—If the recipient elects submitted under subparagraph (B) shall con- transfer an amount under subparagraph (B) to engage in a competitive process, a recipi- tain an assurance that the program provides only after consulting with responsible local ent or subrecipient seeking to receive a for the maximum feasible coordination of officials, publicly owned operators of public grant from funds apportioned under sub- transportation services assisted under this transportation, and nonprofit providers in section (c) shall submit to the recipient section with transportation services assisted the area for which the amount was originally making the election an application in such by other Government sources. apportioned. form and in accordance with such require- ‘‘(7) MEAL DELIVERY FOR HOMEBOUND INDI- ‘‘(d) GOVERNMENT SHARE OF COSTS.— ments as the recipient making the election VIDUALS.—A public transportation service ‘‘(1) CAPITAL PROJECTS.—A grant for a cap- provider that receives assistance under this ital project under this section shall be in an shall establish. section or section 5311(c) may coordinate and amount equal to 80 percent of the net capital ‘‘(g) TRANSFERS OF FACILITIES AND EQUIP- assist in regularly providing meal delivery costs of the project, as determined by the MENT.—A recipient may transfer a facility or service for homebound individuals, if the de- Secretary. equipment acquired using a grant under this livery service does not conflict with pro- ‘‘(2) OPERATING ASSISTANCE.—A grant made section to any other recipient eligible to re- viding public transportation service or re- under this section for operating assistance ceive assistance under this chapter, if—

VerDate Mar 15 2010 05:24 Jun 04, 2013 Jkt 099060 PO 00000 Frm 00129 Fmt 4624 Sfmt 0634 J:\CRONLINE\2000-THRU-2012-ONLINE-CORRECTIONS\2012 RECORD ONLINE CORREC bjneal on DSK2TWX8P1PROD with S524 CONGRESSIONAL RECORD — SENATE February 9, 2012 ‘‘(1) the recipient in possession of the facil- with transportation service assisted by other be apportioned in accordance with this para- ity or equipment consents to the transfer; Federal sources. graph. and ‘‘(3) RURAL TRANSPORTATION ASSISTANCE ‘‘(B) APPORTIONMENT BASED ON LAND AREA ‘‘(2) the facility or equipment will continue PROGRAM.— AND POPULATION IN NONURBANIZED AREAS.— to be used as required under this section. ‘‘(A) IN GENERAL.—The Secretary shall ‘‘(i) IN GENERAL.—83.15 percent of the ‘‘(h) PERFORMANCE MEASURES.— carry out a rural transportation assistance amount described in subparagraph (A) shall ‘‘(1) IN GENERAL.—Not later than 1 year program in other than urbanized areas. be apportioned to the States in accordance after the date of enactment of the Federal ‘‘(B) GRANTS AND CONTRACTS.—In carrying with this subparagraph. Public Transportation Act of 2012, the Sec- out this paragraph, the Secretary may use ‘‘(ii) LAND AREA.— retary shall issue a final rule to establish not more than 2 percent of the amount made ‘‘(I) IN GENERAL.—Subject to subclause (II), performance measures for grants under this available under section 5338(a)(2)(F) to make each State shall receive an amount that is section. grants and contracts for transportation re- equal to 20 percent of the amount appor- ‘‘(2) TARGETS.—Not later than 3 months search, technical assistance, training, and tioned under clause (i), multiplied by the after the date on which the Secretary issues related support services in other than urban- ratio of the land area in areas other than ur- a final rule under paragraph (1), and each fis- ized areas. banized areas in that State and divided by cal year thereafter, each recipient that re- ‘‘(C) PROJECTS OF A NATIONAL SCOPE.—Not the land area in all areas other than urban- ceives Federal financial assistance under more than 15 percent of the amounts avail- ized areas in the United States, as shown by this section shall establish performance tar- able under subparagraph (B) may be used by the most recent decennial census of popu- gets in relation to the performance measures the Secretary to carry out projects of a na- lation. established by the Secretary. tional scope, with the remaining balance ‘‘(II) MAXIMUM APPORTIONMENT.—No State ‘‘(3) REPORTS.—Each recipient of Federal provided to the States. shall receive more than 5 percent of the financial assistance under this section shall ‘‘(4) DATA COLLECTION.—Each recipient amount apportioned under subclause (I). submit to the Secretary an annual report under this section shall submit an annual re- ‘‘(iii) POPULATION.—Each State shall re- that describes— port to the Secretary containing information ceive an amount equal to 80 percent of the ‘‘(A) the progress of the recipient toward on capital investment, operations, and serv- amount apportioned under clause (i), multi- meeting the performance targets established ice provided with funds received under this plied by the ratio of the population of areas under paragraph (2) for that fiscal year; and section, including— other than urbanized areas in that State and ‘‘(B) the performance targets established ‘‘(A) total annual revenue; divided by the population of all areas other by the recipient for the subsequent fiscal ‘‘(B) sources of revenue; than urbanized areas in the United States, as year.’’. ‘‘(C) total annual operating costs; shown by the most recent decennial census ‘‘(D) total annual capital costs; SEC. 40012. FORMULA GRANTS FOR OTHER THAN of population. URBANIZED AREAS. ‘‘(E) fleet size and type, and related facili- ‘‘(C) APPORTIONMENT BASED ON LAND AREA, Section 5311 of title 49, United States Code, ties; VEHICLE REVENUE MILES, AND LOW-INCOME IN- is amended to read as follows: ‘‘(F) vehicle revenue miles; and DIVIDUALS IN NONURBANIZED AREAS.— ‘‘(G) ridership. ‘‘(i) IN GENERAL.—16.85 percent of the ‘‘§ 5311. Formula grants for other than urban- ‘‘(c) APPORTIONMENTS.— ized areas amount described in subparagraph (A) shall ‘‘(1) PUBLIC TRANSPORTATION ON INDIAN RES- be apportioned to the States in accordance ‘‘(a) DEFINITIONS.—As used in this section, ERVATIONS.—Of the amounts made available with this subparagraph. the following definitions shall apply: or appropriated for each fiscal year pursuant ‘‘(ii) LAND AREA.—Subject to clause (v), ECIPIENT.—The term ‘recipient’ ‘‘(1) R to section 5338(a)(2)(F) to carry out this each State shall receive an amount that is means a State or Indian tribe that receives a paragraph, the following amounts shall be equal to 29.68 percent of the amount appor- Federal transit program grant directly from apportioned each fiscal year for grants to In- tioned under clause (i), multiplied by the the Government. dian tribes for any purpose eligible under ratio of the land area in areas other than ur- ‘‘(2) SUBRECIPIENT.—The term ‘sub- this section, under such terms and condi- banized areas in that State and divided by recipient’ means a State or local govern- tions as may be established by the Sec- the land area in all areas other than urban- mental authority, a nonprofit organization, retary: ized areas in the United States, as shown by or an operator of public transportation or ‘‘(A) $10,000,000 shall be distributed on a the most recent decennial census of popu- intercity bus service that receives Federal competitive basis by the Secretary. lation. transit program grant funds indirectly ‘‘(B) $20,000,000 shall be apportioned as for- ‘‘(iii) VEHICLE REVENUE MILES.—Subject to mula grants, as provided in subsection (k). through a recipient. clause (v), each State shall receive an ‘‘(b) GENERAL AUTHORITY.— ‘‘(2) APPALACHIAN DEVELOPMENT PUBLIC amount that is equal to 29.68 percent of the ‘‘(1) GRANTS AUTHORIZED.—Except as pro- TRANSPORTATION ASSISTANCE PROGRAM.— amount apportioned under clause (i), multi- vided by paragraph (2), the Secretary may ‘‘(A) DEFINITIONS.—In this paragraph— plied by the ratio of vehicle revenue miles in award grants under this section to recipients ‘‘(i) the term ‘Appalachian region’ has the areas other than urbanized areas in that located in areas other than urbanized areas same meaning as in section 14102 of title 40; State and divided by the vehicle revenue for— and miles in all areas other than urbanized areas ‘‘(A) planning, provided that a grant under ‘‘(ii) the term ‘eligible recipient’ means a in the United States, as determined by na- this section for planning activities shall be State that participates in a program estab- tional transit database reporting. in addition to funding awarded to a State lished under subtitle IV of title 40. ‘‘(iv) LOW-INCOME INDIVIDUALS.—Each State under section 5305 for planning activities ‘‘(B) IN GENERAL.—The Secretary shall shall receive an amount that is equal to 40.64 that are directed specifically at the needs of carry out a public transportation assistance percent of the amount apportioned under other than urbanized areas in the State; program in the Appalachian region. clause (i), multiplied by the ratio of low-in- ‘‘(B) public transportation capital projects; ‘‘(C) APPORTIONMENT.—Of amounts made come individuals in areas other than urban- ‘‘(C) operating costs of equipment and fa- available or appropriated for each fiscal year ized areas in that State and divided by the cilities for use in public transportation; and under section 5338(a)(2)(F) to carry out this number of low-income individuals in all ‘‘(D) the acquisition of public transpor- paragraph, the Secretary shall apportion areas other than urbanized areas in the tation services, including service agreements funds to eligible recipients for any purpose United States, as shown by the Bureau of the with private providers of public transpor- eligible under this section, based on the Census. tation service. guidelines established under section 9.5(b) of ‘‘(v) MAXIMUM APPORTIONMENT.—No State ‘‘(2) STATE PROGRAM.— the Appalachian Regional Commission Code. shall receive— ‘‘(A) IN GENERAL.—A project eligible for a ‘‘(D) SPECIAL RULE.—An eligible recipient ‘‘(I) more than 5 percent of the amount ap- grant under this section shall be included in may use amounts that cannot be used for op- portioned under clause (ii); or a State program for public transportation erating expenses under this paragraph for a ‘‘(II) more than 5 percent of the amount service projects, including agreements with highway project if— apportioned under clause (iii). private providers of public transportation ‘‘(i) that use is approved, in writing, by the ‘‘(d) USE FOR LOCAL TRANSPORTATION SERV- service. eligible recipient after appropriate notice ICE.—A State may use an amount appor- ‘‘(B) SUBMISSION TO SECRETARY.—Each and an opportunity for comment and appeal tioned under this section for a project in- State shall submit to the Secretary annually are provided to affected public transpor- cluded in a program under subsection (b) of the program described in subparagraph (A). tation providers; and this section and eligible for assistance under ‘‘(C) APPROVAL.—The Secretary may not ‘‘(ii) the eligible recipient, in approving this chapter if the project will provide local approve the program unless the Secretary the use of amounts under this subparagraph, transportation service, as defined by the Sec- determines that— determines that the local transit needs are retary of Transportation, in an area other ‘‘(i) the program provides a fair distribu- being addressed. than an urbanized area. tion of amounts in the State, including In- ‘‘(3) REMAINING AMOUNTS.— ‘‘(e) USE FOR ADMINISTRATION, PLANNING, dian reservations; and ‘‘(A) IN GENERAL.—The amounts made AND TECHNICAL ASSISTANCE.—The Secretary ‘‘(ii) the program provides the maximum available or appropriated for each fiscal year may allow a State to use not more than 15 feasible coordination of public transpor- pursuant to section 5338(a)(2)(F) that are not percent of the amount apportioned under tation service assisted under this section apportioned under paragraph (1) or (2) shall this section to administer this section and

VerDate Mar 15 2010 05:24 Jun 04, 2013 Jkt 099060 PO 00000 Frm 00130 Fmt 4624 Sfmt 0634 J:\CRONLINE\2000-THRU-2012-ONLINE-CORRECTIONS\2012 RECORD ONLINE CORREC bjneal on DSK2TWX8P1PROD with February 9, 2012 CONGRESSIONAL RECORD — SENATE S525 provide technical assistance to a sub- ‘‘(D) allocations of the grant to subrecipi- sibility of the Secretary of Transportation recipient, including project planning, pro- ents, if any, are distributed on a fair and eq- under a law of the United States. gram and management development, coordi- uitable basis. ‘‘(k) FORMULA GRANTS FOR PUBLIC TRANS- nation of public transportation programs, ‘‘(3) COMPETITIVE PROCESS FOR GRANTS TO PORTATION ON INDIAN RESERVATIONS.— and research the State considers appropriate SUBRECIPIENTS.— ‘‘(1) APPORTIONMENT.— to promote effective delivery of public trans- ‘‘(A) STATEWIDE SOLICITATIONS.—A State ‘‘(A) IN GENERAL.—Of the amounts de- portation to an area other than an urbanized may conduct a statewide solicitation for ap- scribed in subsection (c)(1)(B)— area. plications for grants to recipients and sub- ‘‘(i) 50 percent of the total amount shall be ‘‘(f) INTERCITY BUS TRANSPORTATION.— recipients under this subsection. apportioned so that each Indian tribe pro- ‘‘(1) IN GENERAL.—A State shall expend at ‘‘(B) APPLICATION.—If the State elects to viding public transportation service shall re- least 15 percent of the amount made avail- engage in a competitive process, recipients ceive an amount equal to the total amount able in each fiscal year to carry out a pro- and subrecipients seeking to receive a grant apportioned under this clause multiplied by gram to develop and support intercity bus from apportioned funds shall submit to the the ratio of the number of vehicle revenue transportation. Eligible activities under the State an application in the form and in ac- miles provided by an Indian tribe divided by program include— cordance with such requirements as the the total number of vehicle revenue miles ‘‘(A) planning and marketing for intercity State shall establish. provided by all Indian tribes, as reported to bus transportation; the Secretary; ‘‘(h) GOVERNMENT SHARE OF COSTS.— ‘‘(B) capital grants for intercity bus shel- ‘‘(ii) 25 percent of the total amount shall ‘‘(1) CAPITAL PROJECTS.— ters; be apportioned equally among each Indian ‘‘(A) IN GENERAL.—Except as provided by ‘‘(C) joint-use stops and depots; subparagraph (B), a grant awarded under this tribe providing at least 200,000 vehicle rev- ‘‘(D) operating grants through purchase-of- section for a capital project or project ad- enue miles of public transportation service service agreements, user-side subsidies, and annually, as reported to the Secretary; and ministrative expenses shall be for 80 percent demonstration projects; and ‘‘(iii) 25 percent of the total amount shall of the net costs of the project, as determined ‘‘(E) coordinating rural connections be- be apportioned among each Indian tribe pro- by the Secretary. tween small public transportation operations viding public transportation on tribal lands ‘‘(B) EXCEPTION.—A State described in sec- and intercity bus carriers. on which more than 1,000 low-income individ- tion 120(b) of title 23 shall receive a Govern- ‘‘(2) CERTIFICATION.—A State does not have uals reside (as determined by the Bureau of ment share of the net costs in accordance to comply with paragraph (1) of this sub- the Census) so that each Indian tribe shall with the formula under that section. section in a fiscal year in which the Gov- receive an amount equal to the total amount ‘‘(2) OPERATING ASSISTANCE.— ernor of the State certifies to the Secretary, apportioned under this clause multiplied by ‘‘(A) IN GENERAL.—Except as provided by after consultation with affected intercity the ratio of the number of low-income indi- bus service providers, that the intercity bus subparagraph (B), a grant made under this viduals residing on an Indian tribe’s lands di- service needs of the State are being met ade- section for operating assistance may not ex- vided by the total number of low-income in- quately. ceed 50 percent of the net operating costs of dividuals on tribal lands on which more than ‘‘(g) ACCESS TO JOBS PROJECTS.— the project, as determined by the Secretary. 1,000 low-income individuals reside. ‘‘(B) EXCEPTION.—A State described in sec- ‘‘(1) IN GENERAL.—Amounts made available ‘‘(B) LIMITATION.—No recipient shall re- under section 5338(a)(2)(F) may be used to tion 120(b) of title 23 shall receive a Govern- ceive more than $300,000 of the amounts ap- carry out a program to develop and maintain ment share of the net operating costs equal portioned under subparagraph (A)(iii) in a job access projects. Eligible projects may in- to 62.5 percent of the Government share pro- fiscal year. clude— vided for under paragraph (1)(B). ‘‘(C) REMAINING AMOUNTS.—Of the amounts ‘‘(A) projects relating to the development ‘‘(3) REMAINDER.—The remainder of net made available under subparagraph (A)(iii), and maintenance of public transportation project costs— any amounts not apportioned under that services designed to transport eligible low- ‘‘(A) may be provided from an undistrib- subparagraph shall be allocated among In- income individuals to and from jobs and ac- uted cash surplus, a replacement or deprecia- dian tribes receiving less than $300,000 in a tivities related to their employment, includ- tion cash fund or reserve, a service agree- fiscal year according to the formula specified ing— ment with a State or local social service in that clause. ‘‘(i) public transportation projects to fi- agency or a private social service organiza- ‘‘(D) LOW-INCOME INDIVIDUALS.—For pur- nance planning, capital, and operating costs tion, or new capital; poses of subparagraph (A)(iii), the term ‘low- of providing access to jobs under this chap- ‘‘(B) may be derived from amounts appro- income individual’ means an individual ter; priated or otherwise made available to a de- whose family income is at or below 100 per- ‘‘(ii) promoting public transportation by partment or agency of the Government cent of the poverty line, as that term is de- low-income workers, including the use of (other than the Department of Transpor- fined in section 673(2) of the Community public transportation by workers with non- tation) that are eligible to be expended for Services Block Grant Act (42 U.S.C. 9902(2)), traditional work schedules; transportation; and including any revision required by that sec- ‘‘(iii) promoting the use of transit vouchers ‘‘(C) notwithstanding subparagraph (B), tion, for a family of the size involved. for welfare recipients and eligible low-in- may be derived from amounts made avail- ‘‘(2) NON-TRIBAL SERVICE PROVIDERS.—A re- come individuals; and able to carry out the Federal lands highway cipient that is an Indian tribe may use funds ‘‘(iv) promoting the use of employer-pro- program established by section 204 of title 23. apportioned under this subsection to finance vided transportation, including the transit ‘‘(4) USE OF CERTAIN FUNDS.—For purposes public transportation services provided by a pass benefit program under section 132 of the of paragraph (3)(B), the prohibitions on the non-tribal provider of public transportation Internal Revenue Code of 1986; and use of funds for matching requirements that connects residents of tribal lands with ‘‘(B) transportation projects designed to under section 403(a)(5)(C)(vii) of the Social surrounding communities, improves access support the use of public transportation in- Security Act (42 U.S.C. 603(a)(5)(C)(vii)) shall to employment or healthcare, or otherwise cluding— not apply to Federal or State funds to be addresses the mobility needs of tribal mem- ‘‘(i) enhancements to existing public trans- used for transportation purposes. bers.’’. portation service for workers with non-tradi- ‘‘(5) LIMITATION ON OPERATING ASSIST- SEC. 40013. RESEARCH, DEVELOPMENT, DEM- tional hours or reverse commutes; ANCE.—A State carrying out a program of op- ONSTRATION, AND DEPLOYMENT ‘‘(ii) guaranteed ride home programs; erating assistance under this section may PROJECTS. ‘‘(iii) bicycle storage facilities; and not limit the level or extent of use of the Section 5312 of title 49, United States Code, ‘‘(iv) projects that otherwise facilitate the Government grant for the payment of oper- is amended to read as follows: provision of public transportation services to ating expenses. ‘‘§ 5312. Research, development, demonstra- employment opportunities. ‘‘(i) TRANSFER OF FACILITIES AND EQUIP- tion, and deployment projects ‘‘(2) PROJECT SELECTION AND PLAN DEVELOP- MENT.—With the consent of the recipient ‘‘(a) RESEARCH, DEVELOPMENT, DEMONSTRA- MENT.—Each grant recipient under this sub- currently having a facility or equipment ac- TION, AND DEPLOYMENT PROJECTS.— section shall certify that— quired with assistance under this section, a ‘‘(1) IN GENERAL.—The Secretary may make ‘‘(A) the projects selected were included in State may transfer the facility or equipment grants and enter into contracts, cooperative a locally developed, coordinated public tran- to any recipient eligible to receive assist- agreements, and other agreements for re- sit-human services transportation plan; ance under this chapter if the facility or search, development, demonstration, and de- ‘‘(B) the plan was developed and approved equipment will continue to be used as re- ployment projects, and evaluation of re- through a process that included participa- quired under this section. search and technology of national signifi- tion by low-income individuals, representa- ‘‘(j) RELATIONSHIP TO OTHER LAWS.— cance to public transportation, that the Sec- tives of public, private, and nonprofit trans- ‘‘(1) IN GENERAL.—Section 5333(b) applies to retary determines will improve public trans- portation and human services providers, and this section if the Secretary of Labor utilizes portation. the public; a special warranty that provides a fair and ‘‘(2) AGREEMENTS.—In order to carry out ‘‘(C) to the maximum extent feasible, serv- equitable arrangement to protect the inter- paragraph (1), the Secretary may make ices funded under this subsection are coordi- ests of employees. grants to and enter into contracts, coopera- nated with transportation services funded by ‘‘(2) RULE OF CONSTRUCTION.—This sub- tive agreements, and other agreements other Federal departments and agencies; and section does not affect or discharge a respon- with—

VerDate Mar 15 2010 05:24 Jun 04, 2013 Jkt 099060 PO 00000 Frm 00131 Fmt 4624 Sfmt 0634 J:\CRONLINE\2000-THRU-2012-ONLINE-CORRECTIONS\2012 RECORD ONLINE CORREC bjneal on DSK2TWX8P1PROD with S526 CONGRESSIONAL RECORD — SENATE February 9, 2012 ‘‘(A) departments, agencies, and instru- ‘‘(A) the development of public transpor- under the grant, contract, cooperative agree- mentalities of the Government; tation research projects that received assist- ment, or other agreement that is consistent ‘‘(B) State and local governmental enti- ance under subsection (b) that the Secretary with the benefit.’’. ties; determines were successful; SEC. 40014. TECHNICAL ASSISTANCE AND STAND- ‘‘(C) providers of public transportation; ‘‘(B) planning and forecasting modeling ARDS DEVELOPMENT. ‘‘(D) private or non-profit organizations; and simulation; Section 5314 of title 49, United States Code, ‘‘(E) institutions of higher education; and ‘‘(C) capital and operating efficiencies; is amended to read as follows: ‘‘(F) technical and community colleges. ‘‘(D) advanced vehicle design; ‘‘(3) APPLICATION.— ‘‘(E) advancements in vehicle technology; ‘‘§ 5314. Technical assistance and standards ‘‘(A) IN GENERAL.—To receive a grant, con- ‘‘(F) the environment and energy effi- development tract, cooperative agreement, or other agree- ciency; ‘‘(a) TECHNICAL ASSISTANCE AND STANDARDS ment under this section, an entity described ‘‘(G) system capacity, including train con- DEVELOPMENT.— in paragraph (2) shall submit an application trol and capacity improvements; or ‘‘(1) IN GENERAL.—The Secretary may make to the Secretary. ‘‘(H) any other area that the Secretary de- grants and enter into contracts, cooperative ‘‘(B) FORM AND CONTENTS.—An application termines is important to advance the inter- agreements, and other agreements (including under subparagraph (A) shall be in such form ests of public transportation. agreements with departments, agencies, and and contain such information as the Sec- ‘‘(d) DEMONSTRATION, DEPLOYMENT, AND instrumentalities of the Government) to retary may require, including— EVALUATION.— carry out activities that the Secretary deter- ‘‘(i) a statement of purpose detailing the ‘‘(1) IN GENERAL.—The Secretary may, mines will assist recipients of assistance need being addressed; under terms and conditions that the Sec- under this chapter to— ‘‘(ii) the short- and long-term goals of the retary prescribes, make a grant to or enter ‘‘(A) more effectively and efficiently pro- project, including opportunities for future into a contract, cooperative agreement, or vide public transportation service; innovation and development, the potential other agreement with an entity described in ‘‘(B) administer funds received under this for deployment, and benefits to riders and paragraph (2) to promote the early deploy- chapter in compliance with Federal law; and public transportation; and ment and demonstration of innovation in ‘‘(C) improve public transportation. public transportation that has broad applica- ‘‘(iii) the short- and long-term funding re- ‘‘(2) ELIGIBLE ACTIVITIES.—The activities quirements to complete the project and any bility. carried out under paragraph (1) may in- future objectives of the project. ‘‘(2) PARTICIPANTS.—An entity described in clude— this paragraph is— ‘‘(b) RESEARCH.— ‘‘(A) technical assistance; and ‘‘(A) an entity described in subsection ‘‘(1) IN GENERAL.—The Secretary may make ‘‘(B) the development of standards and best (a)(2); or a grant to or enter into a contract, coopera- practices by the public transportation indus- ‘‘(B) a consortium of entities described in tive agreement, or other agreement under try. subsection (a)(2), including a provider of pub- this section with an entity described in sub- ‘‘(b) TECHNICAL ASSISTANCE CENTERS.— lic transportation, that will share the costs, section (a)(2) to carry out a public transpor- ‘‘(1) DEFINITION.—In this subsection, the risks, and rewards of early deployment and tation research project that has as its ulti- term ‘eligible entity’ means a nonprofit or- demonstration of innovation. mate goal the development and deployment ganization, an institution of higher edu- ‘‘(3) PROJECT ELIGIBILITY.—A project that of new and innovative ideas, practices, and cation, or a technical or community college. receives assistance under paragraph (1) shall approaches. ‘‘(2) IN GENERAL.—The Secretary may make seek to build on successful research, innova- ‘‘(2) PROJECT ELIGIBILITY.—A public trans- grants to and enter into contracts, coopera- tion, and development efforts to facilitate— portation research project that receives as- tive agreements, and other agreements with ‘‘(A) the deployment of research and tech- sistance under paragraph (1) shall focus on— eligible entities to administer centers to pro- nology development resulting from private ‘‘(A) providing more effective and efficient vide technical assistance, including— efforts or federally funded efforts; and public transportation service, including serv- ‘‘(A) the development of tools and guid- ‘‘(B) the implementation of research and ices to— ance; and technology development to advance the in- ‘‘(i) seniors; ‘‘(B) the dissemination of best practices. terests of public transportation. ‘‘(ii) individuals with disabilities; and ‘‘(3) COMPETITIVE PROCESS.—The Secretary ‘‘(4) EVALUATION.—Not later than 2 years ‘‘(iii) low-income individuals; may make grants and enter into contracts, after the date on which a project receives as- ‘‘(B) mobility management and improve- cooperative agreements, and other agree- sistance under paragraph (1), the Secretary ments and travel management systems; ments under paragraph (2) through a com- shall conduct a comprehensive evaluation of ‘‘(C) data and communication system ad- petitive process on a biennial basis for tech- the success or failure of the projects funded vancements; nical assistance in each of the following cat- under this subsection and any plan for broad- ‘‘(D) system capacity, including— egories: based implementation of the innovation pro- ‘‘(i) train control; ‘‘(A) Human services transportation co- moted by successful projects. ‘‘(ii) capacity improvements; and ordination, including— ‘‘(e) ANNUAL REPORT ON RESEARCH.—Not ‘‘(iii) performance management; later than the first Monday in February of ‘‘(i) transportation for seniors; ‘‘(E) capital and operating efficiencies; each year, the Secretary shall submit to the ‘‘(ii) transportation for individuals with ‘‘(F) planning and forecasting modeling Committee on Banking, Housing, and Urban disabilities; and and simulation; Affairs and the Committee on Appropria- ‘‘(iii) coordination of local resources and ‘‘(G) advanced vehicle design; tions of the Senate and the Committee on programs to assist low-income individuals ‘‘(H) advancements in vehicle technology; Transportation and Infrastructure and the and veterans in gaining access to training ‘‘(I) asset maintenance and repair systems Committee on Appropriations of the House and employment opportunities. advancement; of Representatives a report that includes— ‘‘(B) Transit-oriented development. ‘‘(J) construction and project management; ‘‘(1) a description of each project that re- ‘‘(C) Transportation equity with regard to ‘‘(K) alternative fuels; ceived assistance under this section during the impact that transportation planning, in- ‘‘(L) the environment and energy effi- the preceding fiscal year; vestment, and operations have on low-in- ciency; ‘‘(2) an evaluation of each project described come and minority individuals. ‘‘(M) safety improvements; or in paragraph (1), including any evaluation ‘‘(D) Financing mechanisms, including— ‘‘(N) any other area that the Secretary de- conducted under subsection (d)(4) for the pre- ‘‘(i) public-private partnerships; termines is important to advance the inter- ceding fiscal year; and ‘‘(ii) bonding; and ests of public transportation. ‘‘(3) a proposal for allocations of amounts ‘‘(iii) State and local capacity building. ‘‘(c) INNOVATION AND DEVELOPMENT.— for assistance under this section for the sub- ‘‘(E) Any other activity that the Secretary ‘‘(1) IN GENERAL.—The Secretary may make sequent fiscal year. determines is important to advance the in- a grant to or enter into a contract, coopera- ‘‘(f) GOVERNMENT SHARE OF COSTS.— terests of public transportation. tive agreement, or other agreement under ‘‘(1) IN GENERAL.—The Government share of ‘‘(4) EXPERTISE OF TECHNICAL ASSISTANCE this section with an entity described in sub- the cost of a project carried out under this CENTERS.—In selecting an eligible entity to section (a)(2) to carry out a public transpor- section shall not exceed 80 percent. administer a center under this subsection, tation innovation and development project ‘‘(2) NON-GOVERNMENT SHARE.—The non- the Secretary shall consider— that seeks to improve public transportation Government share of the cost of a project ‘‘(A) the demonstrated subject matter ex- systems nationwide in order to provide more carried out under this section may be de- pertise of the eligible entity; and efficient and effective delivery of public rived from in-kind contributions. ‘‘(B) the capacity of the eligible entity to transportation services, including through ‘‘(3) FINANCIAL BENEFIT.—If the Secretary deliver technical assistance on a regional or technology and technological capacity im- determines that there would be a clear and nationwide basis. provements. direct financial benefit to an entity under a ‘‘(5) PARTNERSHIPS.—An eligible entity ‘‘(2) PROJECT ELIGIBILITY.—A public trans- grant, contract, cooperative agreement, or may partner with another eligible entity to portation innovation and development other agreement under this section, the Sec- provide technical assistance under this sub- project that receives assistance under para- retary shall establish a Government share of section. graph (1) shall focus on— the costs of the project to be carried out ‘‘(c) GOVERNMENT SHARE OF COSTS.—

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‘‘(1) IN GENERAL.—The Government share of ciency, or zero emission vehicles and facili- of projects required under sections 5303 and the cost of an activity under this section ties used in public transportation; and 5304; may not exceed 80 percent. ‘‘(8) address a current or projected work- ‘‘(B) the Secretary determines that the ‘‘(2) NON-GOVERNMENT SHARE.—The non- force shortage in an area that requires tech- program provides for the participation of pri- Government share of the cost of an activity nical expertise. vate companies engaged in public transpor- under this section may be derived from in- ‘‘(b) FUNDING.— tation to the maximum extent feasible; and kind contributions.’’. ‘‘(1) URBANIZED AREA FORMULA GRANTS.—A ‘‘(C) just compensation under State or SEC. 40015. BUS TESTING FACILITIES. recipient or subrecipient of funding under local law will be paid to the company for its Section 5318 of title 49, United States Code, section 5307 shall expend not less than 0.5 franchise or property. is amended to read as follows: percent of such funding for activities con- ‘‘(2) LIMITATION.—A governmental author- sistent with subsection (a). ‘‘§ 5318. Bus testing facilities ity may not use financial assistance of the ‘‘(2) WAIVER.—The Secretary may waive United States Government to acquire land, ‘‘(a) FACILITIES.—The Secretary shall cer- the requirement under paragraph (1) with re- equipment, or a facility used in public trans- tify not more than 4 comprehensive facilities spect to a recipient or subrecipient if the for testing new bus models for maintain- portation from another governmental au- Secretary determines that the recipient or thority in the same geographic area. ability, reliability, safety, performance (in- subrecipient— cluding braking performance), structural in- ‘‘(b) RELOCATION AND REAL PROPERTY RE- ‘‘(A) has an adequate workforce develop- QUIREMENTS.—The Uniform Relocation As- tegrity, fuel economy, emissions, and noise. ment program; or ‘‘(b) COOPERATIVE AGREEMENT.—The Sec- sistance and Real Property Acquisition Poli- ‘‘(B) has partnered with a local educational cies Act of 1970 (42 U.S.C. 4601 et seq.) shall retary shall enter into a cooperative agree- institution in a manner that sufficiently pro- ment with not more than 4 qualified entities apply to financial assistance for capital motes or addresses workforce development projects under this chapter. to test public transportation vehicles under and human resource needs. ‘‘(c) CONSIDERATION OF ECONOMIC, SOCIAL, subsection (a). ‘‘(c) INNOVATIVE PUBLIC TRANSPORTATION AND ENVIRONMENTAL INTERESTS.— ‘‘(c) FEES.—An entity that operates and WORKFORCE DEVELOPMENT PROGRAM.— ‘‘(1) COOPERATION AND CONSULTATION.—In maintains a facility certified under sub- ‘‘(1) PROGRAM ESTABLISHED.—The Sec- section (a) shall establish and collect reason- retary shall establish a competitive grant carrying out the goal described in section able fees for the testing of vehicles at the fa- program to assist the development of innova- 5301(c)(2), the Secretary shall cooperate and cility. The Secretary must approve the fees. tive activities eligible for assistance under consult with the Secretary of the Interior ‘‘(d) AVAILABILITY OF AMOUNTS TO PAY FOR subsection (a). and the Administrator of the Environmental TESTING.— ‘‘(2) SELECTION OF RECIPIENTS.—To the Protection Agency on each project that may ‘‘(1) IN GENERAL.—The Secretary shall maximum extent feasible, the Secretary have a substantial impact on the environ- enter into a cooperative agreement with an shall select recipients that— ment. entity that operates and maintains a facility ‘‘(A) are geographically diverse; ‘‘(2) COMPLIANCE WITH NEPA.—The National certified under subsection (a), under which 80 ‘‘(B) address the workforce and human re- Environmental Policy Act of 1969 (42 U.S.C. percent of the fee for testing a vehicle at the sources needs of large public transportation 4321 et seq.) shall apply to financial assist- facility may be available from amounts ap- providers; ance for capital projects under this chapter. portioned to a recipient under section 5336 or ‘‘(C) address the workforce and human re- ‘‘(d) CORRIDOR PRESERVATION.— from amounts appropriated to carry out this sources needs of small public transportation ‘‘(1) IN GENERAL.—The Secretary may as- section. providers; sist a recipient in acquiring right-of-way be- ‘‘(2) PROHIBITION.—An entity that operates ‘‘(D) address the workforce and human re- fore the completion of the environmental re- and maintains a facility described in sub- sources needs of urban public transportation views for any project that may use the right- section (a) shall not have a financial interest providers; of-way if the acquisition is otherwise per- in the outcome of the testing carried out at ‘‘(E) address the workforce and human re- mitted under Federal law. The Secretary the facility. sources needs of rural public transportation may establish restrictions on such an acqui- ‘‘(e) ACQUIRING NEW BUS MODELS.— providers; sition as the Secretary determines to be nec- Amounts appropriated or made available ‘‘(F) advance training related to mainte- essary and appropriate. under this chapter may be obligated or ex- nance of alternative energy, energy effi- ‘‘(2) ENVIRONMENTAL REVIEWS.—Right-of- pended to acquire a new bus model only if— ciency, or zero emission vehicles and facili- way acquired under this subsection may not ‘‘(1) a bus of that model has been tested at ties used in public transportation; be developed in anticipation of the project a facility described in subsection (a); and ‘‘(G) target areas with high rates of unem- until all required environmental reviews for ‘‘(2) the bus tested under paragraph (1) ployment; and the project have been completed. met— ‘‘(H) address current or projected work- ‘‘(e) CONDITION ON CHARTER BUS TRANSPOR- ‘‘(A) performance standards for maintain- force shortages in areas that require tech- TATION SERVICE.— ability, reliability, performance (including nical expertise. ‘‘(1) AGREEMENTS.—Financial assistance braking performance), structural integrity, ‘‘(d) GOVERNMENT’S SHARE OF COSTS.—The under this chapter may be used to buy or op- fuel economy, emissions, and noise, as estab- Government share of the cost of a project erate a bus only if the applicant, govern- lished by the Secretary by rule; and carried out using a grant under this section mental authority, or publicly owned oper- ‘‘(B) the minimum safety performance shall be 50 percent. ator that receives the assistance agrees that, standards established by the Secretary pur- ‘‘(e) REPORT.—Not later than 2 years after except as provided in the agreement, the suant to section 5329(b).’’. the date of enactment of the Federal Public governmental authority or an operator of SEC. 40016. PUBLIC TRANSPORTATION WORK- Transportation Act of 2012, the Secretary public transportation for the governmental FORCE DEVELOPMENT AND HUMAN shall submit to the Committee on Banking, authority will not provide charter bus trans- RESOURCE PROGRAMS. Housing, and Urban Affairs of the Senate and portation service outside the urban area in Section 5322 of title 49, United States Code, the Committee on Transportation and Infra- which it provides regularly scheduled public is amended to read as follows: structure of the House of Representatives a transportation service. An agreement shall ‘‘§ 5322. Public transportation workforce de- report concerning the measurable outcomes provide for a fair arrangement the Secretary velopment and human resource programs and impacts of the programs funded under of Transportation considers appropriate to ‘‘(a) IN GENERAL.—The Secretary may un- this section.’’. ensure that the assistance will not enable a dertake, or make grants or enter into con- SEC. 40017. GENERAL PROVISIONS. governmental authority or an operator for a tracts for, activities that address human re- Section 5323 of title 49, United States Code, governmental authority to foreclose a pri- source needs as the needs apply to public is amended to read as follows: vate operator from providing intercity char- transportation activities, including activi- ‘‘§ 5323. General provisions ter bus service if the private operator can ties that— ‘‘(a) INTERESTS IN PROPERTY.— provide the service. ‘‘(1) educate and train employees; ‘‘(1) IN GENERAL.—Financial assistance pro- ‘‘(2) VIOLATIONS.— ‘‘(2) develop the public transportation vided under this chapter to a State or a local ‘‘(A) INVESTIGATIONS.—On receiving a com- workforce through career outreach and prep- governmental authority may be used to ac- plaint about a violation of the agreement re- aration; quire an interest in, or to buy property of, a quired under paragraph (1), the Secretary ‘‘(3) develop a curriculum for workforce de- private company engaged in public transpor- shall investigate and decide whether a viola- velopment; tation, for a capital project for property ac- tion has occurred. ‘‘(4) conduct outreach programs to increase quired from a private company engaged in ‘‘(B) ENFORCEMENT OF AGREEMENTS.—If the minority and female employment in public public transportation after July 9, 1964, or to Secretary decides that a violation has oc- transportation; operate a public transportation facility or curred, the Secretary shall correct the viola- ‘‘(5) conduct research on public transpor- equipment in competition with, or in addi- tion under terms of the agreement. tation personnel and training needs; tion to, transportation service provided by ‘‘(C) ADDITIONAL REMEDIES.—In addition to ‘‘(6) provide training and assistance for mi- an existing public transportation company, any remedy specified in the agreement, the nority business opportunities; only if— Secretary shall bar a recipient or an oper- ‘‘(7) advance training relating to mainte- ‘‘(A) the Secretary determines that such fi- ator from receiving Federal transit assist- nance of alternative energy, energy effi- nancial assistance is essential to a program ance in an amount the Secretary considers

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appropriate if the Secretary finds a pattern ‘‘(1) IN GENERAL.—The Secretary may obli- ‘‘(7) STATE REQUIREMENTS.—The Secretary of violations of the agreement. gate an amount that may be appropriated to may not impose any limitation on assistance ‘‘(f) BOND PROCEEDS ELIGIBLE FOR LOCAL carry out this chapter for a project only if provided under this chapter that restricts a SHARE.— the steel, iron, and manufactured goods used State from imposing more stringent require- ‘‘(1) USE AS LOCAL MATCHING FUNDS.—Not- in the project are produced in the United ments than this subsection on the use of ar- withstanding any other provision of law, a States. ticles, materials, and supplies mined, pro- recipient of assistance under section 5307, ‘‘(2) WAIVER.—The Secretary may waive duced, or manufactured in foreign countries 5309, or 5337 may use the proceeds from the paragraph (1) of this subsection if the Sec- in projects carried out with that assistance issuance of revenue bonds as part of the local retary finds that— or restricts a recipient of that assistance matching funds for a capital project. ‘‘(A) applying paragraph (1) would be in- from complying with those State-imposed ‘‘(2) MAINTENANCE OF EFFORT.—The Sec- consistent with the public interest; requirements. retary shall approve of the use of the pro- ‘‘(B) the steel, iron, and goods produced in ‘‘(8) OPPORTUNITY TO CORRECT INADVERTENT ceeds from the issuance of revenue bonds for the United States are not produced in a suffi- ERROR.—The Secretary may allow a manu- the remainder of the net project cost only if cient and reasonably available amount or are facturer or supplier of steel, iron, or manu- the Secretary finds that the aggregate not of a satisfactory quality; factured goods to correct after bid opening amount of financial support for public trans- ‘‘(C) when procuring rolling stock (includ- any certification of noncompliance or failure portation in the urbanized area provided by ing train control, communication, and trac- to properly complete the certification (but the State and affected local governmental tion power equipment) under this chapter— not including failure to sign the certifi- authorities during the next 3 fiscal years, as ‘‘(i) the cost of components and subcompo- cation) under this subsection if such manu- programmed in the State transportation im- nents produced in the United States is more facturer or supplier attests under penalty of provement program under section 5304, is not than 60 percent of the cost of all components perjury that such manufacturer or supplier less than the aggregate amount provided by of the rolling stock; and submitted an incorrect certification as a re- the State and affected local governmental ‘‘(ii) final assembly of the rolling stock has sult of an inadvertent or clerical error. The authorities in the urbanized area during the occurred in the United States; or burden of establishing inadvertent or cler- preceding 3 fiscal years. ‘‘(D) including domestic material will in- ical error is on the manufacturer or supplier. ‘‘(3) DEBT SERVICE RESERVE.—The Sec- crease the cost of the overall project by more ‘‘(9) ADMINISTRATIVE REVIEW.—A party ad- retary may reimburse an eligible recipient than 25 percent. versely affected by an agency action under for deposits of bond proceeds in a debt serv- ‘‘(3) WRITTEN WAIVER DETERMINATION AND this subsection shall have the right to seek ice reserve that the recipient establishes ANNUAL REPORT.— review under section 702 of title 5. pursuant to section 5302(3)(J) from amounts ‘‘(A) WRITTEN DETERMINATION.—Before ‘‘(l) PARTICIPATION OF GOVERNMENTAL made available to the recipient under sec- issuing a waiver under paragraph (2), the AGENCIES IN DESIGN AND DELIVERY OF TRANS- tion 5309. Secretary shall— PORTATION SERVICES.—Governmental agen- ‘‘(g) SCHOOLBUS TRANSPORTATION.— ‘‘(i) publish in the Federal Register and cies and nonprofit organizations that receive ‘‘(1) AGREEMENTS.—Financial assistance make publicly available in an easily identifi- assistance from Government sources (other under this chapter may be used for a capital able location on the website of the Depart- than the Department of Transportation) for project, or to operate public transportation ment of Transportation a detailed written nonemergency transportation services equipment or a public transportation facil- explanation of the waiver determination; and shall— ity, only if the applicant agrees not to pro- ‘‘(ii) provide the public with a reasonable ‘‘(1) participate and coordinate with recipi- ents of assistance under this chapter in the vide schoolbus transportation that exclu- period of time for notice and comment. design and delivery of transportation serv- sively transports students and school per- ‘‘(B) ANNUAL REPORT.—Not later than 1 ices; and sonnel in competition with a private school- year after the date of enactment of the Fed- ‘‘(2) be included in the planning for those bus operator. This subsection does not eral Public Transportation Act of 2012, and services. apply— annually thereafter, the Secretary shall sub- ‘‘(m) RELATIONSHIP TO OTHER LAWS.— ‘‘(A) to an applicant that operates a school mit to the Committee on Banking, Housing, ‘‘(1) FRAUD AND FALSE STATEMENTS.—Sec- system in the area to be served and a sepa- and Urban Affairs of the Senate and the Committee on Transportation and Infra- tion 1001 of title 18 applies to a certificate, rate and exclusive schoolbus program for the submission, or statement provided under this school system; and structure of the House of Representatives a report listing any waiver issued under para- chapter. The Secretary may terminate finan- ‘‘(B) unless a private schoolbus operator cial assistance under this chapter and seek can provide adequate transportation that graph (2) during the preceding year. ‘‘(4) LABOR COSTS FOR FINAL ASSEMBLY.—In reimbursement directly, or by offsetting complies with applicable safety standards at amounts, available under this chapter if the reasonable rates. this subsection, labor costs involved in final assembly are not included in calculating the Secretary determines that a recipient of ‘‘(2) VIOLATIONS.—If the Secretary finds such financial assistance has made a false or that an applicant, governmental authority, cost of components. ‘‘(5) WAIVER PROHIBITED.—The Secretary fraudulent statement or related act in con- or publicly owned operator has violated the may not make a waiver under paragraph (2) nection with a Federal public transportation agreement required under paragraph (1), the of this subsection for goods produced in a program. Secretary shall bar a recipient or an oper- foreign country if the Secretary, in consulta- ‘‘(2) POLITICAL ACTIVITIES OF NON- ator from receiving Federal transit assist- tion with the United States Trade Rep- SUPERVISORY EMPLOYEES.—The provision of ance in an amount the Secretary considers resentative, decides that the government of assistance under this chapter shall not be appropriate. that foreign country— construed to require the application of chap- ‘‘(h) BUYING BUSES UNDER OTHER LAWS.— ‘‘(A) has an agreement with the United ter 15 of title 5 to any nonsupervisory em- Subsections (e) and (g) of this section apply ployee of a public transportation system (or to financial assistance to buy a bus under States Government under which the Sec- retary has waived the requirement of this any other agency or entity performing re- sections 133 and 142 of title 23. lated functions) to whom such chapter does ‘‘(i) GRANT AND LOAN PROHIBITIONS.—A subsection; and ‘‘(B) has violated the agreement by dis- not otherwise apply. grant or loan may not be used to— ‘‘(n) PREAWARD AND POSTDELIVERY REVIEW ‘‘(1) pay ordinary governmental or non- criminating against goods to which this sub- section applies that are produced in the OF ROLLING STOCK PURCHASES.—The Sec- project operating expenses; or retary shall prescribe regulations requiring a ‘‘(2) support a procurement that uses an United States and to which the agreement applies. preaward and postdelivery review of a grant exclusionary or discriminatory specification. under this chapter to buy rolling stock to ‘‘(6) PENALTY FOR MISLABELING AND MIS- ‘‘(j) GOVERNMENT SHARE OF COSTS FOR CER- ensure compliance with Government motor REPRESENTATION.—A person is ineligible TAIN PROJECTS.—A grant for a project to be vehicle safety requirements, subsection (k) under subpart 9.4 of the Federal Acquisition assisted under this chapter that involves ac- of this section, and bid specifications re- Regulation, or any successor thereto, to re- quiring vehicle-related equipment or facili- quirements of grant recipients under this ties required by the Americans with Disabil- ceive a contract or subcontract made with chapter. Under this subsection, independent ities Act of 1990 (42 U.S.C. 12101 et seq.) or ve- amounts authorized under the Federal Pub- inspections and review are required, and a hicle-related equipment or facilities (includ- lic Transportation Act of 2012 if a court or manufacturer certification is not sufficient. ing clean fuel or alternative fuel vehicle-re- department, agency, or instrumentality of Rolling stock procurements of 20 vehicles or lated equipment or facilities) for purposes of the Government decides the person inten- fewer made for the purpose of serving other complying with or maintaining compliance tionally— than urbanized areas and urbanized areas with the Clean Air Act, is for 90 percent of ‘‘(A) affixed a ‘Made in America’ label, or a with populations of 200,000 or fewer shall be the net project cost of such equipment or fa- label with an inscription having the same subject to the same requirements as estab- cilities attributable to compliance with meaning, to goods sold in or shipped to the lished for procurements of 10 or fewer buses those Acts. The Secretary shall have discre- United States that are used in a project to under the post-delivery purchaser’s require- tion to determine, through practicable ad- which this subsection applies but not pro- ments certification process under section ministrative procedures, the costs of such duced in the United States; or 663.37(c) of title 49, Code of Federal Regula- equipment or facilities attributable to com- ‘‘(B) represented that goods described in tions. pliance with those Acts. subparagraph (A) of this paragraph were pro- ‘‘(o) SUBMISSION OF CERTIFICATIONS.—A cer- ‘‘(k) BUY AMERICA.— duced in the United States. tification required under this chapter and

VerDate Mar 15 2010 05:24 Jun 04, 2013 Jkt 099060 PO 00000 Frm 00134 Fmt 4624 Sfmt 0634 J:\CRONLINE\2000-THRU-2012-ONLINE-CORRECTIONS\2012 RECORD ONLINE CORREC bjneal on DSK2TWX8P1PROD with February 9, 2012 CONGRESSIONAL RECORD — SENATE S529 any additional certification or assurance re- transportation and owned or leased by a re- (1) in subsection (a)— quired by law or regulation to be submitted cipient or subrecipient of Federal financial (A) in the matter preceding paragraph (1), to the Secretary may be consolidated into a assistance under this chapter. by striking ‘‘United States’’ and all that fol- single document to be submitted annually as ‘‘(2) TRANSIT ASSET MANAGEMENT PLAN.— lows through ‘‘Secretary of Transportation’’ part of a grant application under this chap- The term ‘transit asset management plan’ and inserting the following: ‘‘Federal finan- ter. The Secretary shall publish annually a means a plan developed by a recipient of cial assistance for a major capital project for list of all certifications required under this funding under this chapter that— public transportation under this chapter or chapter with the publication required under ‘‘(A) includes, at a minimum, capital asset any other provision of Federal law, a recipi- section 5336(d)(2). inventories and condition assessments, deci- ent must prepare a project management plan ‘‘(p) GRANT REQUIREMENTS.—The grant re- sion support tools, and investment approved by the Secretary and carry out the quirements under sections 5307, 5309, and 5337 prioritization; and project in accordance with the project man- apply to any project under this chapter that ‘‘(B) the recipient certifies complies with agement plan’’; and receives any assistance or other financing the rule issued under this section. (B) in paragraph (12), by striking ‘‘each under chapter 6 (other than section 609) of ‘‘(3) TRANSIT ASSET MANAGEMENT SYSTEM.— month’’ and inserting ‘‘quarterly’’; title 23. The term ‘transit asset management system’ (2) by striking subsections (c), (d), and (f); ‘‘(q) ALTERNATIVE FUELING FACILITIES.—A means a strategic and systematic process of (3) by inserting after subsection (b) the fol- recipient of assistance under this chapter operating, maintaining, and improving pub- lowing: may allow the incidental use of federally lic transportation capital assets effectively ‘‘(c) ACCESS TO SITES AND RECORDS.—Each funded alternative fueling facilities and throughout the life cycle of such assets. recipient of Federal financial assistance for equipment by nontransit public entities and ‘‘(b) TRANSIT ASSET MANAGEMENT SYS- public transportation under this chapter or any other provision of Federal law shall pro- private entities if— TEM.—The Secretary shall establish and im- ‘‘(1) the incidental use does not interfere plement a national transit asset manage- vide the Secretary and a contractor the Sec- with the recipient’s public transportation ment system, which shall include— retary chooses under section 5338(g) with ac- cess to the construction sites and records of operations; ‘‘(1) a definition of the term ‘state of good the recipient when reasonably necessary.’’; ‘‘(2) all costs related to the incidental use repair’ that includes objective standards for (4) by redesignating subsection (e) as sub- are fully recaptured by the recipient from measuring the condition of capital assets of section (d); and the nontransit public entity or private enti- recipients, including equipment, rolling (5) in subsection (d), as so redesignated— ty; stock, infrastructure, and facilities; (A) in paragraph (1), by striking ‘‘sub- ‘‘(3) the recipient uses revenues received ‘‘(2) a requirement that recipients and sub- section (c) of this section’’ and inserting from the incidental use in excess of costs for recipients of Federal financial assistance ‘‘section 5338(g)’’; and planning, capital, and operating expenses under this chapter develop a transit asset that are incurred in providing public trans- (B) in paragraph (2)— management plan; (i) by striking ‘‘preliminary engineering portation; and ‘‘(3) a requirement that each recipient of ‘‘(4) private entities pay all applicable ex- stage’’ and inserting ‘‘project development Federal financial assistance under this chap- phase’’; and cise taxes on fuel. ter report on the condition of the system of (ii) by striking ‘‘another stage’’ and insert- ‘‘(r) FIXED GUIDEWAY CATEGORICAL EXCLU- the recipient and provide a description of ing ‘‘another phase’’. SION.— any change in condition since the last re- SEC. 40021. PUBLIC TRANSPORTATION SAFETY. ‘‘(1) STUDY.—Not later than 6 months after port; (a) PUBLIC TRANSPORTATION SAFETY PRO- the date of enactment of the Federal Public ‘‘(4) an analytical process or decision sup- Transportation Act of 2012, the Secretary GRAM.—Section 5329 of title 49, United States port tool for use by public transportation Code, is amended to read as follows: shall conduct a study to determine the feasi- systems that— bility of providing a categorical exclusion ‘‘(A) allows for the estimation of capital ‘‘§ 5329. Public transportation safety program for streetcar, bus rapid transit, and light rail investment needs of such systems over time; ‘‘(a) DEFINITION.—In this section, the term projects located within an existing transpor- and ‘recipient’ means a State or local govern- tation right-of-way from the requirements of ‘‘(B) assists with asset investment mental authority, or any other operator of a the National Environmental Policy Act of prioritization by such systems; and public transportation system, that receives 1969 (42 U.S.C. 4321 et seq.) in accordance ‘‘(5) technical assistance to recipients of financial assistance under this chapter. ‘‘(b) NATIONAL PUBLIC TRANSPORTATION with the Council on Environmental Quality Federal financial assistance under this chap- SAFETY PLAN.— implementing regulations under parts 1500 ter. ‘‘(1) IN GENERAL.—The Secretary shall cre- through 1508 of title 40, Code of Federal Reg- ‘‘(c) PERFORMANCE MEASURES AND TAR- ulations, or any successor thereto. ate and implement a national public trans- GETS.— portation safety plan to improve the safety ‘‘(2) FINDINGS AND RULES.—Not later than 1 ‘‘(1) IN GENERAL.—Not later than 1 year year after the date of enactment of the Fed- of all public transportation systems that re- after the date of enactment of the Federal ceive funding under this chapter. eral Public Transportation Act of 2012, the Public Transportation Act of 2012, the Sec- Secretary shall issue findings and, if appro- ‘‘(2) CONTENTS OF PLAN.—The national pub- retary shall issue a final rule to establish lic transportation safety plan under para- priate, issue rules to provide categorical ex- performance measures based on the state of clusions for suitable categories of projects.’’. graph (1) shall include— good repair standards established under sub- ‘‘(A) safety performance criteria for all SEC. 40018. CONTRACT REQUIREMENTS. section (b)(1). modes of public transportation; Section 5325 of title 49, United States Code, ‘‘(2) TARGETS.—Not later than 3 months ‘‘(B) the definition of the term ‘state of is amended— after the date on which the Secretary issues good repair’ established under section (1) in subsection (h), by striking ‘‘Federal a final rule under paragraph (1), and each fis- 5326(b); Public Transportation Act of 2005’’ and in- cal year thereafter, each recipient of Federal ‘‘(C) minimum safety performance stand- serting ‘‘Federal Public Transportation Act financial assistance under this chapter shall ards for public transportation vehicles used of 2012’’; establish performance targets in relation to in revenue operations that— (2) in subsection (j)(2)(C), by striking ‘‘, in- the performance measures established by the ‘‘(i) do not apply to rolling stock otherwise cluding the performance reported in the Con- Secretary. regulated by the Secretary or any other Fed- tractor Performance Assessment Reports re- ‘‘(3) REPORTS.—Each recipient of Federal eral agency; and quired under section 5309(l)(2)’’; and financial assistance under this chapter shall ‘‘(ii) to the extent practicable, take into (3) by adding at the end the following: submit to the Secretary an annual report consideration— ‘‘(k) VETERANS EMPLOYMENT.—Recipients that describes— ‘‘(I) relevant recommendations of the Na- and subrecipients of Federal financial assist- ‘‘(A) the progress of the recipient during ance under this chapter shall ensure that tional Transportation Safety Board; and the fiscal year to which the report relates to- ‘‘(II) recommendations of, and best prac- contractors working on a capital project ward meeting the performance targets estab- funded using such assistance give a hiring tices standards developed by, the public lished under paragraph (2) for that fiscal transportation industry; and preference to veterans, as defined in section year; and 2108 of title 5, who have the requisite skills ‘‘(D) a public transportation safety certifi- ‘‘(B) the performance targets established cation training program, as described in sub- and abilities to perform the construction by the recipient for the subsequent fiscal work required under the contract.’’. section (c). year. ‘‘(c) PUBLIC TRANSPORTATION SAFETY CER- SEC. 40019. TRANSIT ASSET MANAGEMENT. ‘‘(d) RULEMAKING.—Not later than 1 year TIFICATION TRAINING PROGRAM.— Section 5326 of title 49, United States Code, after the date of enactment of the Federal ‘‘(1) IN GENERAL.—The Secretary shall es- is amended to read as follows: Public Transportation Act of 2012, the Sec- tablish a public transportation safety certifi- ‘‘§ 5326. Transit asset management retary shall issue a final rule to implement cation training program for Federal and ‘‘(a) DEFINITIONS.—In this section the fol- the transit asset management system de- State employees, or other designated per- lowing definitions shall apply: scribed in subsection (b).’’. sonnel, who conduct safety audits and ex- ‘‘(1) CAPITAL ASSET.—The term ‘capital SEC. 40020. PROJECT MANAGEMENT OVERSIGHT. aminations of public transportation systems asset’ includes equipment, rolling stock, in- Section 5327 of title 49, United States Code, and employees of public transportation agen- frastructure, and facilities for use in public is amended— cies directly responsible for safety oversight.

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‘‘(2) INTERIM PROVISIONS.—Not later than 90 ‘‘(D) determines, in consultation with the ‘‘(A) jointly with all other eligible States days after the date of enactment of the Fed- Secretary, an appropriate staffing level for in which the rail fixed guideway public eral Public Transportation Act of 2012, the the State safety oversight agency that is transportation system operates, ensure uni- Secretary shall establish interim provisions commensurate with the number, size, and form safety standards and enforcement pro- for the certification and training of the per- complexity of the rail fixed guideway public cedures that shall be in compliance with this sonnel described in paragraph (1), which transportation systems in the eligible State; section, and establish and implement a State shall be in effect until the effective date of ‘‘(E) requires that employees and other safety oversight program approved by the the final rule issued by the Secretary to im- designated personnel of the eligible State Secretary; or plement this subsection. safety oversight agency who are responsible ‘‘(B) jointly with all other eligible States ‘‘(d) PUBLIC TRANSPORTATION AGENCY SAFE- for rail fixed guideway public transportation in which the rail fixed guideway public TY PLAN.— safety oversight are qualified to perform transportation system operates, designate an ‘‘(1) IN GENERAL.—Effective 1 year after the such functions through appropriate training, entity having characteristics consistent with effective date of a final rule issued by the including successful completion of the public the characteristics described in paragraph (3) Secretary to carry out this subsection, each transportation safety certification training to carry out the State safety oversight pro- recipient shall certify that the recipient has program established under subsection (c); gram approved by the Secretary. established a comprehensive agency safety and ‘‘(7) GRANTS.— plan that includes, at a minimum— ‘‘(F) prohibits any public transportation ‘‘(A) IN GENERAL.—The Secretary may ‘‘(A) a requirement that the board of direc- agency from providing funds to the State make a grant to an eligible State to develop or carry out a State safety oversight pro- tors (or equivalent entity) of the recipient safety oversight agency or an entity des- gram, if the eligible State submits— approve the agency safety plan and any up- ignated by the eligible State as the State ‘‘(i) a proposal for the establishment of a dates to the agency safety plan; safety oversight agency under paragraph (4). State safety oversight program to the Sec- ‘‘(B) methods for identifying and evalu- ‘‘(4) STATE SAFETY OVERSIGHT AGENCY.— retary for review and written approval before ating safety risks throughout all elements of ‘‘(A) IN GENERAL.—Each State safety over- implementing a State safety oversight pro- the public transportation system of the re- sight program shall establish a State safety gram; and cipient; oversight agency that— ‘‘(ii) any amendment to the State safety ‘‘(C) strategies to minimize the exposure of ‘‘(i) is an independent legal entity respon- oversight program of the eligible State to the public, personnel, and property to haz- sible for the safety of rail fixed guideway the Secretary for review not later than 60 ards and unsafe conditions; public transportation systems; days before the effective date of the amend- ‘‘(D) a process and timeline for conducting ‘‘(ii) is financially and legally independent ment. an annual review and update of the safety from any public transportation entity that ‘‘(B) DETERMINATION BY SECRETARY.— plan of the recipient; the State safety oversight agency oversees; ‘‘(i) IN GENERAL.—The Secretary shall ‘‘(E) performance targets based on the safe- ‘‘(iii) does not fund, promote, or provide transmit written approval to an eligible ty performance criteria and state of good re- public transportation services; State that submits a State safety oversight pair standards established under subpara- ‘‘(iv) does not employ any individual who program, if the Secretary determines the graphs (A) and (B), respectively, of sub- is also responsible for the administration of State safety oversight program meets the re- section (b)(2); public transportation programs; quirements of this subsection and the State ‘‘(F) assignment of an adequately trained ‘‘(v) has the authority to review, approve, safety oversight program is adequate to pro- safety officer who reports directly to the oversee, and enforce the implementation by mote the purposes of this section. general manager, president, or equivalent of- the rail fixed guideway public transportation ‘‘(ii) AMENDMENT.—The Secretary shall ficer of the recipient; and agency of the public transportation agency transmit to an eligible State that submits an ‘‘(G) a comprehensive staff training pro- safety plan required under subsection (d); amendment under subparagraph (A)(ii) a gram for the operations personnel and per- ‘‘(vi) has investigative and enforcement written determination with respect to the sonnel directly responsible for safety of the authority with respect to the safety of rail amendment. recipient that includes— fixed guideway public transportation sys- ‘‘(iii) NO WRITTEN DECISION.—If an eligible ‘‘(i) the completion of a safety training tems of the eligible State; State does not receive a written decision program; and ‘‘(vii) audits, at least once triennially, the from the Secretary with respect to an ‘‘(ii) continuing safety education and compliance of the rail fixed guideway public amendment submitted under subparagraph training. transportation systems in the eligible State (A)(ii) before the end of the 60-day period be- ‘‘(2) INTERIM AGENCY SAFETY PLAN.—A sys- subject to this subsection with the public ginning on the date on which the eligible tem safety plan developed pursuant to part transportation agency safety plan required State submits the amendment, the amend- 659 of title 49, Code of Federal Regulations, under subsection (d); and ment shall be deemed to be approved. as in effect on the date of enactment of the ‘‘(viii) provides, at least once annually, a ‘‘(iv) DISAPPROVAL.—If the Secretary deter- Federal Public Transportation Act of 2012, status report on the safety of the rail fixed mines that a State safety oversight program shall remain in effect until such time as this guideway public transportation systems the does not meet the requirements of this sub- subsection takes effect. State safety oversight agency oversees to— section, the Secretary shall transmit to the ‘‘(e) STATE SAFETY OVERSIGHT PROGRAM.— ‘‘(I) the Federal Transit Administration; eligible State a written explanation and ‘‘(1) APPLICABILITY.—This subsection ap- ‘‘(II) the Governor of the eligible State; allow the eligible State to modify and resub- plies only to eligible States. and mit the State safety oversight program for ‘‘(2) DEFINITION.—In this subsection, the ‘‘(III) the board of directors, or equivalent approval. term ‘eligible State’ means a State that entity, of any rail fixed guideway public ‘‘(C) GOVERNMENT SHARE.— has— transportation system that the State safety ‘‘(i) IN GENERAL.—The Government share of ‘‘(A) a rail fixed guideway public transpor- oversight agency oversees. the reasonable cost of a State safety over- tation system within the jurisdiction of the ‘‘(B) WAIVER.—At the request of an eligible sight program developed or carried out using State that is not subject to regulation by the State, the Secretary may waive clauses (i) a grant under this paragraph shall be 80 per- Federal Railroad Administration; or and (iii) of subparagraph (A) for eligible cent. ‘‘(B) a rail fixed guideway public transpor- States with 1 or more rail fixed guideway ‘‘(ii) IN-KIND CONTRIBUTIONS.—Any calcula- tation system in the engineering or con- systems in revenue operations, design, or tion of the non-Government share of a State struction phase of development within the construction, that— safety oversight program shall include in- jurisdiction of the State that will not be sub- ‘‘(i) have fewer than 1,000,000 combined ac- kind contributions by an eligible State. ject to regulation by the Federal Railroad tual and projected rail fixed guideway rev- ‘‘(iii) NON-GOVERNMENT SHARE.—The non- Administration. enue miles per year; or Government share of the cost of a State safe- ‘‘(3) IN GENERAL.—In order to obligate ‘‘(ii) provide fewer than 10,000,000 combined ty oversight program developed or carried funds apportioned under section 5338 to carry actual and projected unlinked passenger out using a grant under this paragraph may out this chapter, effective 3 years after the trips per year. not be met by— date on which a final rule under this sub- ‘‘(5) ENFORCEMENT.—Each State safety ‘‘(I) any Federal funds; section becomes effective, an eligible State oversight agency shall have the authority to ‘‘(II) any funds received from a public shall have in effect a State safety oversight request that the Secretary take enforcement transportation agency; or program approved by the Secretary under actions available under subsection (g) ‘‘(III) any revenues earned by a public which the State— against a rail fixed guideway public trans- transportation agency. ‘‘(A) assumes responsibility for overseeing portation system that is not in compliance ‘‘(iv) SAFETY TRAINING PROGRAM.—The Sec- rail fixed guideway public transportation with Federal safety laws. retary may reimburse an eligible State or a safety; ‘‘(6) PROGRAMS FOR MULTI-STATE RAIL FIXED recipient for the full costs of participation in ‘‘(B) adopts and enforces Federal law on GUIDEWAY PUBLIC TRANSPORTATION SYS- the public transportation safety certifi- rail fixed guideway public transportation TEMS.—An eligible State that has within the cation training program established under safety; jurisdiction of the eligible State a rail fixed subsection (c) by an employee of a State ‘‘(C) establishes a State safety oversight guideway public transportation system that safety oversight agency or a recipient who is agency; operates in more than 1 eligible State shall— directly responsible for safety oversight.

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‘‘(8) CONTINUAL EVALUATION OF PROGRAM.— ‘‘(A) before the issuance of the subpoena, shall remain available for restoration to the The Secretary shall continually evaluate the the Secretary requests a determination by recipient until the end of the first fiscal year implementation of a State safety oversight the Attorney General of the United States as after the fiscal year in which the funds were program by a State safety oversight agency, to whether the subpoena will interfere with withheld, after which time the funds shall be on the basis of— an ongoing criminal investigation; and available to the Secretary for allocation to ‘‘(A) reports submitted by the State safety ‘‘(B) the Attorney General— other eligible recipients. oversight agency under paragraph ‘‘(i) determines that the subpoena will not ‘‘(E) NOTIFICATION.—Not later than 3 days (4)(A)(viii); and interfere with an ongoing criminal investiga- before taking any action under subparagraph ‘‘(B) audits carried out by the Secretary. tion; or (C), the Secretary shall notify the Com- ‘‘(9) INADEQUATE PROGRAM.— ‘‘(ii) fails to make a determination under mittee on Banking, Housing, and Urban Af- ‘‘(A) IN GENERAL.—If the Secretary finds clause (i) before the date that is 30 days after fairs of the Senate and the Committee on that a State safety oversight program ap- the date on which the Secretary makes a re- Transportation and Infrastructure of the proved by the Secretary is not being carried quest under subparagraph (A); House of Representatives of such action. out in accordance with this section or has ‘‘(4) require the production of documents ‘‘(3) CIVIL PENALTIES.— become inadequate to ensure the enforce- by, and prescribe recordkeeping and report- ‘‘(A) IMPOSITION OF CIVIL PENALTIES.— ment of Federal safety regulations, the Sec- ing requirements for, a recipient or a State ‘‘(i) IN GENERAL.—The Secretary may im- retary shall— safety oversight agency; pose a civil penalty under paragraph (1)(F) ‘‘(i) transmit to the eligible State a writ- ‘‘(5) investigate public transportation acci- only if— ten explanation of the reason the program dents and incidents and provide guidance to ‘‘(I) the Secretary has exhausted the en- has become inadequate and inform the State recipients regarding prevention of accidents forcement actions available under subpara- of the intention to withhold funds, including and incidents; graphs (A) through (E) of paragraph (1); and the amount of funds proposed to be withheld ‘‘(6) at reasonable times and in a reason- ‘‘(II) the recipient continues to be in viola- under this section, or withdraw approval of able manner, enter and inspect equipment, tion of Federal safety law. the State safety oversight program; and facilities, rolling stock, operations, and rel- ‘‘(ii) EXCEPTION.—The Secretary may waive ‘‘(ii) allow the eligible State a reasonable evant records of the public transportation the requirement under clause (i)(I) if the period of time to modify the State safety system of a recipient; and Secretary determines that such a waiver is oversight program or implementation of the ‘‘(7) issue rules to carry out this section. in the public interest. program and submit an updated proposal for ‘‘(g) ENFORCEMENT ACTIONS.— ‘‘(B) NOTICE.—Before imposing a civil pen- the State safety oversight program to the ‘‘(1) TYPES OF ENFORCEMENT ACTIONS.—The alty on a recipient under paragraph (1)(F), Secretary for approval. Secretary may take enforcement action the Secretary shall provide to the recipient— ‘‘(B) FAILURE TO CORRECT.—If the Secretary against a recipient that does not comply ‘‘(i) written notice of any violation and the determines that a modification by an eligi- with Federal law with respect to the safety penalty proposed to be imposed; and ble State of the State safety oversight pro- of the public transportation system, includ- ‘‘(ii) a reasonable period of time within gram is not sufficient to ensure the enforce- ing— which the recipient may address the viola- ment of Federal safety regulations, the Sec- ‘‘(A) issuing directives; tion or propose and initiate an alternative retary may— ‘‘(B) requiring more frequent oversight of means of compliance that the Secretary de- ‘‘(i) withhold funds available under this the recipient by a State safety oversight termines is acceptable. section in an amount determined by the Sec- agency or the Secretary; ‘‘(C) FAILURE TO ADDRESS.—If the recipient retary; or ‘‘(C) imposing more frequent reporting re- does not address the violation or propose an ‘‘(ii) provide written notice of withdrawal quirements; alternative means of compliance that the of State safety oversight program approval. ‘‘(D) requiring that any Federal financial Secretary determines is acceptable within ‘‘(C) TEMPORARY OVERSIGHT.—In the event assistance provided under this chapter be the period of time specified in the written the Secretary takes action under subpara- spent on correcting safety deficiencies iden- notice, the Secretary may impose a civil graph (B)(ii), the Secretary shall provide tified by the Secretary or the State safety penalty under paragraph (1)(F). oversight agency before such funds are spent oversight of the rail fixed guideway systems ‘‘(D) NOTIFICATION.—Not later than 3 days in an eligible State until the State submits on other projects; before taking any action under subparagraph a State safety oversight program approved ‘‘(E) subject to paragraph (2), withholding (C), the Secretary shall notify the Com- by the Secretary. Federal financial assistance, in an amount to mittee on Banking, Housing, and Urban Af- ‘‘(D) RESTORATION.— be determined by the Secretary, from the re- fairs of the Senate and the Committee on cipient, until such time as the recipient ‘‘(i) CORRECTION.—The eligible State shall Transportation and Infrastructure of the comes into compliance with this section; and address any inadequacy to the satisfaction of House of Representatives of such action. the Secretary prior to the Secretary restor- ‘‘(F) subject to paragraph (3), imposing a ‘‘(E) DEPOSIT OF CIVIL PENALTIES.—Any civil penalty, in an amount to be determined ing funds withheld under this paragraph. amounts collected by the Secretary under by the Secretary. ‘‘(ii) AVAILABILITY AND REALLOCATION.— this paragraph shall be deposited into the ‘‘(2) USE OR WITHHOLDING OF FUNDS.— Any funds withheld under this paragraph Mass Transit Account of the Highway Trust ‘‘(A) IN GENERAL.—The Secretary may re- shall remain available for restoration to the Fund. eligible State until the end of the first fiscal quire the use of funds in accordance with ‘‘(4) ENFORCEMENT BY THE ATTORNEY GEN- year after the fiscal year in which the funds paragraph (1)(D), or withhold funds under ERAL.—At the request of the Secretary, the paragraph (1)(E), only if the Secretary finds were withheld, after which time the funds Attorney General may bring a civil action— that a recipient is engaged in a pattern or shall be available to the Secretary for allo- ‘‘(A) for appropriate injunctive relief to en- practice of serious safety violations or has cation to other eligible States under this sure compliance with this section; otherwise refused to comply with Federal section. ‘‘(B) to collect a civil penalty imposed law relating to the safety of the public trans- ‘‘(10) FEDERAL OVERSIGHT.—The Secretary under paragraph (1)(F); and portation system. shall— ‘‘(C) to enforce a subpoena, request for ad- ‘‘(B) NOTICE.—Before withholding funds ‘‘(A) oversee the implementation of each missions, request for production of docu- from a recipient under paragraph (1)(E), the State safety oversight program under this ments or other tangible things, or request Secretary shall provide to the recipient— subsection; for testimony by deposition issued by the ‘‘(i) written notice of a violation and the ‘‘(B) audit the operations of each State Secretary under this section. amount proposed to be withheld; and safety oversight agency at least once tri- ‘‘(h) COST-BENEFIT ANALYSIS.— ‘‘(ii) a reasonable period of time within ennially; and ‘‘(1) ANALYSIS REQUIRED.—In carrying out ‘‘(C) issue rules to carry out this sub- which the recipient may address the viola- this section, the Secretary shall take into section. tion or propose and initiate an alternative consideration the costs and benefits of each ‘‘(f) AUTHORITY OF SECRETARY.—In carrying means of compliance that the Secretary de- action the Secretary proposes to take under out this section, the Secretary may— termines is acceptable. this section. ‘‘(1) conduct inspections, investigations, ‘‘(C) FAILURE TO ADDRESS.—If the recipient ‘‘(2) WAIVER.—The Secretary may waive audits, examinations, and testing of the does not address the violation or propose an the requirement under this subsection if the equipment, facilities, rolling stock, and op- alternative means of compliance that the Secretary determines that such a waiver is erations of the public transportation system Secretary determines is acceptable within in the public interest. of a recipient; the period of time specified in the written ‘‘(i) CONSULTATION BY THE SECRETARY OF ‘‘(2) make reports and issue directives with notice, the Secretary may withhold funds HOMELAND SECURITY.—The Secretary of respect to the safety of the public transpor- under paragraph (1)(E). Homeland Security shall consult with the tation system of a recipient; ‘‘(D) RESTORATION.— Secretary of Transportation before the Sec- ‘‘(3) in conjunction with an accident inves- ‘‘(i) CORRECTION.—The recipient shall ad- retary of Homeland Security issues a rule or tigation or an investigation into a pattern or dress any violation to the satisfaction of the order that the Secretary of Transportation practice of conduct that negatively affects Secretary prior to the Secretary restoring determines affects the safety of public trans- public safety, issue a subpoena to, and take funds withheld under paragraph (1)(E). portation design, construction, or oper- the deposition of, any employee of a recipi- ‘‘(ii) AVAILABILITY AND REALLOCATION.— ations. ent or a State safety oversight agency, if— Any funds withheld under paragraph (1)(E) ‘‘(j) PREEMPTION OF STATE LAW.—

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‘‘(1) NATIONAL UNIFORMITY OF REGULA- SEC. 40022. ALCOHOL AND CONTROLLED SUB- (3) in subsection (c)(4), by striking ‘‘section TION.—Laws, regulations, and orders related STANCES TESTING. (except subsection (i)) and sections 5318(e), to public transportation safety shall be na- Section 5331(b)(2) of title 49, United States 5323(a)(2), 5325(a), 5325(b), and 5325(f)’’ and in- tionally uniform to the extent practicable. Code, is amended— serting ‘‘subsection’’; ‘‘(2) IN GENERAL.—A State may adopt or (1) by redesignating subparagraphs (A) and (4) in subsection (h)(3), by striking ‘‘an- continue in force a law, regulation, or order (B) as subparagraphs (B) and (C), respec- other’’ and inserting ‘‘any other’’; related to the safety of public transportation tively; and (5) in subsection (i)(1), by striking ‘‘title 23 until the Secretary issues a rule or order (2) by inserting before subparagraph (B), as shall’’ and inserting ‘‘title 23 may’’; covering the subject matter of the State re- so redesignated, the following: (6) by striking subsection (j); and ‘‘(A) shall establish and implement an en- quirement. (7) by redesignating subsections (k) and (l) forcement program that includes the imposi- ‘‘(3) MORE STRINGENT LAW.—A State may as subsections (j) and (k), respectively. tion of penalties for failure to comply with adopt or continue in force a law, regulation, SEC. 40026. NATIONAL TRANSIT DATABASE. this section;’’. or order related to the safety of public trans- Section 5335 of title 49, United States Code, portation that is consistent with, in addition SEC. 40023. NONDISCRIMINATION. is amended by adding at the end the fol- (a) AMENDMENTS.—Section 5332 of title 49, to, or more stringent than a regulation or lowing: United States Code, is amended— order of the Secretary if the Secretary deter- ‘‘(c) DATA REQUIRED TO BE REPORTED.—The (1) in subsection (b)— recipient of a grant under this chapter shall mines that the law, regulation, or order— (A) by striking ‘‘creed’’ and inserting ‘‘reli- report to the Secretary, for inclusion in the ‘‘(A) has a safety benefit; gion’’; and National Transit Database, any information ‘‘(B) is not incompatible with a law, regu- (B) by inserting ‘‘disability,’’ after ‘‘sex,’’; relating to— lation, or order, or the terms and conditions and ‘‘(1) the causes of a reportable incident, as of a financial assistance agreement of the (2) in subsection (d)(3), by striking ‘‘and’’ defined by the Secretary; and United States Government; and and inserting ‘‘or’’. ‘‘(2) a transit asset inventory or condition ‘‘(C) does not unreasonably burden inter- (b) EVALUATION AND REPORT.— assessment conducted by the recipient.’’. state commerce. (1) EVALUATION.—The Comptroller General SEC. 40027. APPORTIONMENT OF APPROPRIA- ‘‘(4) ACTIONS UNDER STATE LAW.— of the United States shall evaluate the TIONS FOR FORMULA GRANTS. ‘‘(A) RULE OF CONSTRUCTION.—Nothing in progress and effectiveness of the Federal Section 5336 of title 49, United States Code, this section shall be construed to preempt an Transit Administration in assisting recipi- is amended to read as follows: action under State law seeking damages for ents of assistance under chapter 53 of title ‘‘§ 5336. Apportionment of appropriations for personal injury, death, or property damage 49, United States Code, to comply with sec- formula grants alleging that a party has failed to comply tion 5332(b) of title 49, including— ‘‘(a) BASED ON URBANIZED AREA POPU- with— (A) by reviewing discrimination com- LATION.—Of the amount apportioned under ‘‘(i) a Federal standard of care established plaints, reports, and other relevant informa- subsection (h)(4) to carry out section 5307— by a regulation or order issued by the Sec- tion collected or prepared by the Federal ‘‘(1) 9.32 percent shall be apportioned each retary under this section; Transit Administration or recipients of as- fiscal year only in urbanized areas with a ‘‘(ii) its own program, rule, or standard sistance from the Federal Transit Adminis- population of less than 200,000 so that each of that it created pursuant to a rule or order tration pursuant to any applicable civil those areas is entitled to receive an amount issued by the Secretary; or rights statute, regulation, or other require- equal to— ‘‘(iii) a State law, regulation, or order that ment; and ‘‘(A) 50 percent of the total amount appor- is not incompatible with paragraph (2). (B) by reviewing the process that the Fed- tioned multiplied by a ratio equal to the pop- ‘‘(B) EFFECTIVE DATE.—This paragraph eral Transit Administration uses to resolve ulation of the area divided by the total popu- shall apply to any cause of action under discrimination complaints filed by members lation of all urbanized areas with popu- of the public. State law arising from an event or activity lations of less than 200,000 as shown in the (2) REPORT.—Not later than 1 year after occurring on or after the date of enactment most recent decennial census; and the date of enactment of this Act, the Comp- of the Federal Public Transportation Act of ‘‘(B) 50 percent of the total amount appor- troller General shall submit to the Com- 2012. tioned multiplied by a ratio for the area mittee on Banking, Housing, and Urban Af- ‘‘(5) JURISDICTION.—Nothing in this section based on population weighted by a factor, es- fairs of the Senate and the Committee on shall be construed to create a cause of action tablished by the Secretary, of the number of Transportation and Infrastructure of the under Federal law on behalf of an injured inhabitants in each square mile; and House of Representatives a report con- party or confer Federal question jurisdiction ‘‘(2) 90.68 percent shall be apportioned each cerning the evaluation under paragraph (1) for a State law cause of action. fiscal year only in urbanized areas with pop- that includes— ulations of at least 200,000 as provided in sub- ‘‘(k) ANNUAL REPORT.—The Secretary shall (A) a description of the ability of the Fed- sections (b) and (c) of this section. submit to the Committee on Banking, Hous- eral Transit Administration to address dis- ‘‘(b) BASED ON FIXED GUIDEWAY VEHICLE ing, and Urban Affairs of the Senate and the crimination and foster equal opportunities in REVENUE MILES, DIRECTIONAL ROUTE MILES, Committee on Transportation and Infra- federally funded public transportation AND PASSENGER MILES.—(1) In this sub- structure of the House of Representatives an projects, programs, and activities; section, ‘fixed guideway vehicle revenue annual report that— (B) recommendations for improvements if miles’ and ‘fixed guideway directional route ‘‘(1) analyzes public transportation safety the Comptroller General determines that im- miles’ include passenger ferry operations di- trends among the States and documents the provements are necessary; and rectly or under contract by the designated most effective safety programs implemented (C) information upon which the evaluation recipient. using grants under this section; and under paragraph (1) is based. ‘‘(2) Of the amount apportioned under sub- ‘‘(2) describes the effect on public transpor- SEC. 40024. LABOR STANDARDS. section (a)(2) of this section, 33.29 percent tation safety of activities carried out using Section 5333(b) of title 49, United States shall be apportioned as follows: grants under this section.’’. Code, is amended— ‘‘(A) 95.61 percent of the total amount ap- (1) in paragraph (1), by striking ‘‘sections portioned under this subsection shall be ap- (b) BUS SAFETY STUDY.— 5307-5312, 5316, 5318, 5323(a)(1), 5323(b), 5323(d), portioned so that each urbanized area with a (1) DEFINITION.—In this subsection, the 5328, 5337, and 5338(b)’’ each place that term population of at least 200,000 is entitled to term ‘‘highway route’’ means a route where appears and inserting ‘‘sections 5307, 5308, receive an amount equal to— 50 percent or more of the route is on roads 5309, 5311, and 5337’’; and ‘‘(i) 60 percent of the 95.61 percent appor- having a speed limit of more than 45 miles (2) in paragraph (5), by inserting ‘‘of tioned under this subparagraph multiplied per hour. Labor’’ after ‘‘Secretary’’. by a ratio equal to the number of fixed (2) STUDY.—Not later than 180 days after SEC. 40025. ADMINISTRATIVE PROVISIONS. guideway vehicle revenue miles attributable the date of enactment of this Act, the Sec- Section 5334 of title 49, United States Code, to the area, as established by the Secretary, retary of Transportation shall submit to the is amended— divided by the total number of all fixed Committee on Banking, Housing, and Urban (1) in subsection (a)(1), by striking ‘‘under guideway vehicle revenue miles attributable Affairs of the Senate and the Committee on sections 5307 and 5309-5311 of this title’’ and to all areas; and Transportation and Infrastructure of the inserting ‘‘that receives Federal financial as- ‘‘(ii) 40 percent of the 95.61 percent appor- House of Representatives a report that— sistance under this chapter’’; tioned under this subparagraph multiplied (A) examines the safety of public transpor- (2) in subsection (b)(1)— by a ratio equal to the number of fixed tation buses that travel on highway routes; (A) by inserting after ‘‘emergency,’’ the guideway directional route miles attrib- (B) examines laws and regulations that following: ‘‘or for purposes of establishing utable to the area, established by the Sec- apply to commercial over-the-road buses; and enforcing a program to improve the safe- retary, divided by the total number of all and ty of public transportation systems in the fixed guideway directional route miles at- (C) makes recommendations as to whether United States,’’; and tributable to all areas. additional safety measures should be re- (B) by striking ‘‘chapter, nor may the Sec- An urbanized area with a population of at quired for public transportation buses that retary’’ and inserting ‘‘chapter. The Sec- least 750,000 in which commuter rail trans- travel on highway routes. retary may not’’; portation is provided shall receive at least

VerDate Mar 15 2010 05:24 Jun 04, 2013 Jkt 099060 PO 00000 Frm 00138 Fmt 4624 Sfmt 0634 J:\CRONLINE\2000-THRU-2012-ONLINE-CORRECTIONS\2012 RECORD ONLINE CORREC bjneal on DSK2TWX8P1PROD with February 9, 2012 CONGRESSIONAL RECORD — SENATE S533 .75 percent of the total amount apportioned vehicle revenue miles attributable to all amount that is not obligated at the end of under this subparagraph. areas; that period shall be added to the amount ‘‘(B) 4.39 percent of the total amount ap- ‘‘(ii) 25 percent of the 26.61 percent appor- that may be apportioned under this section portioned under this subsection shall be ap- tioned under this subparagraph multiplied in the next fiscal year. portioned so that each urbanized area with a by a ratio equal to the population of the area ‘‘(h) APPORTIONMENTS.—Of the amounts population of at least 200,000 is entitled to divided by the total population of all areas, made available for each fiscal year under receive an amount equal to— as shown by the most recent decennial cen- section 5338(a)(2)(C)— ‘‘(i) the number of fixed guideway vehicle sus; and ‘‘(1) $35,000,000 shall be set aside to carry passenger miles traveled multiplied by the ‘‘(iii) 25 percent of the 26.61 percent appor- out section 5307(i); number of fixed guideway vehicle passenger tioned under this subparagraph multiplied ‘‘(2) 3.07 percent shall be apportioned to ur- miles traveled for each dollar of operating by a ratio for the area based on population banized areas in accordance with subsection cost in an area; divided by weighted by a factor, established by the Sec- (j); ‘‘(ii) the total number of fixed guideway retary, of the number of inhabitants in each ‘‘(3) of amounts not apportioned under vehicle passenger miles traveled multiplied square mile. paragraphs (1) and (2), 1 percent shall be ap- by the total number of fixed guideway vehi- ‘‘(2) 9.2 percent of the total amount appor- portioned to urbanized areas with popu- cle passenger miles traveled for each dollar tioned under this subsection shall be appor- lations of less than 200,000 in accordance of operating cost in all areas. tioned so that each urbanized area with a with subsection (i); and An urbanized area with a population of at population of at least 200,000 is entitled to ‘‘(4) any amount not apportioned under least 750,000 in which commuter rail trans- receive an amount equal to— paragraphs (1), (2), and (3) shall be appor- portation is provided shall receive at least ‘‘(A) the number of bus passenger miles tioned to urbanized areas in accordance with .75 percent of the total amount apportioned traveled multiplied by the number of bus subsections (a) through (c). under this subparagraph. passenger miles traveled for each dollar of ‘‘(i) SMALL TRANSIT INTENSIVE CITIES FOR- ‘‘(C) Under subparagraph (A) of this para- operating cost in an area; divided by MULA.— graph, fixed guideway vehicle revenue or di- ‘‘(B) the total number of bus passenger ‘‘(1) DEFINITIONS.—In this subsection, the rectional route miles, and passengers served miles traveled multiplied by the total num- following definitions apply: on those miles, in an urbanized area with a ber of bus passenger miles traveled for each ‘‘(A) ELIGIBLE AREA.—The term ‘eligible population of less than 200,000, where the dollar of operating cost in all areas. area’ means an urbanized area with a popu- miles and passengers served otherwise would ‘‘(d) DATE OF APPORTIONMENT.—The Sec- lation of less than 200,000 that meets or ex- be attributable to an urbanized area with a retary shall— ceeds in one or more performance categories population of at least 1,000,000 in an adjacent ‘‘(1) apportion amounts appropriated under the industry average for all urbanized areas State, are attributable to the governmental section 5338(a)(2)(C) of this title to carry out with a population of at least 200,000 but not authority in the State in which the urban- section 5307 of this title not later than the more than 999,999, as determined by the Sec- ized area with a population of less than 10th day after the date the amounts are ap- 200,000 is located. The authority is deemed an retary in accordance with subsection (c)(2). propriated or October 1 of the fiscal year for ‘‘(B) PERFORMANCE CATEGORY.—The term urbanized area with a population of at least which the amounts are appropriated, which- 200,000 if the authority makes a contract for ‘performance category’ means each of the ever is later; and following: the service. ‘‘(2) publish apportionments of the ‘‘(D) A recipient’s apportionment under ‘‘(i) Passenger miles traveled per vehicle amounts, including amounts attributable to revenue mile. subparagraph (A)(i) of this paragraph may each urbanized area with a population of not be reduced if the recipient, after satis- ‘‘(ii) Passenger miles traveled per vehicle more than 50,000 and amounts attributable to revenue hour. fying the Secretary that energy or operating each State of a multistate urbanized area, on efficiencies would be achieved, reduces vehi- ‘‘(iii) Vehicle revenue miles per capita. the apportionment date. ‘‘(iv) Vehicle revenue hours per capita. cle revenue miles but provides the same fre- ‘‘(e) AMOUNTS NOT APPORTIONED TO DES- quency of revenue service to the same num- ‘‘(v) Passenger miles traveled per capita. IGNATED RECIPIENTS.—The Governor of a ‘‘(vi) Passengers per capita. ber of riders. State may expend in an urbanized area with ‘‘(c) BASED ON BUS VEHICLE REVENUE MILES ‘‘(2) APPORTIONMENT.— a population of less than 200,000 an amount AND PASSENGER MILES.—Of the amount ap- ‘‘(A) APPORTIONMENT FORMULA.—The apportioned under this section that is not portioned under subsection (a)(2) of this sec- amount to be apportioned under subsection apportioned to a designated recipient, as de- tion, 66.71 percent shall be apportioned as (h)(3) shall be apportioned among eligible fined in section 5302(4). follows: areas in the ratio that— ‘‘(f) TRANSFERS OF APPORTIONMENTS.—(1) ‘‘(1) 90.8 percent of the total amount appor- ‘‘(i) the number of performance categories The Governor of a State may transfer any tioned under this subsection shall be appor- for which each eligible area meets or exceeds part of the State’s apportionment under sub- tioned as follows: the industry average in urbanized areas with section (a)(1) of this section to supplement ‘‘(A) 73.39 percent of the 90.8 percent appor- a population of at least 200,000 but not more amounts apportioned to the State under sec- tioned under this paragraph shall be appor- than 999,999; bears to tion 5311(c)(3). The Governor may make a tioned so that each urbanized area with a ‘‘(ii) the aggregate number of performance transfer only after consulting with respon- population of at least 1,000,000 is entitled to categories for which all eligible areas meet sible local officials and publicly owned oper- receive an amount equal to— or exceed the industry average in urbanized ators of public transportation in each area ‘‘(i) 50 percent of the 73.39 percent appor- areas with a population of at least 200,000 but for which the amount originally was appor- tioned under this subparagraph multiplied not more than 999,999. tioned under this section. by a ratio equal to the total bus vehicle rev- ‘‘(2) The Governor of a State may transfer ‘‘(B) DATA USED IN FORMULA.—The Sec- enue miles operated in or directly serving any part of the State’s apportionment under retary shall calculate apportionments under the urbanized area divided by the total bus section 5311(c)(3) to supplement amounts ap- this subsection for a fiscal year using data vehicle revenue miles attributable to all portioned to the State under subsection from the national transit database used to areas; (a)(1) of this section. calculate apportionments for that fiscal year ‘‘(ii) 25 percent of the 73.39 percent appor- ‘‘(3) The Governor of a State may use under this section. tioned under this subparagraph multiplied throughout the State amounts of a State’s ‘‘(j) APPORTIONMENT FORMULA.—The by a ratio equal to the population of the area apportionment remaining available for obli- amounts apportioned under subsection (h)(2) divided by the total population of all areas, gation at the beginning of the 90-day period shall be apportioned among urbanized areas as shown in the most recent decennial cen- before the period of the availability of the as follows: sus; and amounts expires. ‘‘(1) 75 percent of the funds shall be appor- ‘‘(iii) 25 percent of the 73.39 percent appor- ‘‘(4) A designated recipient for an urban- tioned among designated recipients for ur- tioned under this subparagraph multiplied ized area with a population of at least 200,000 banized areas with a population of 200,000 or by a ratio for the area based on population may transfer a part of its apportionment more in the ratio that— weighted by a factor, established by the Sec- under this section to the Governor of a ‘‘(A) the number of eligible low-income in- retary, of the number of inhabitants in each State. The Governor shall distribute the dividuals in each such urbanized area; bears square mile. transferred amounts to urbanized areas to ‘‘(B) 26.61 percent of the 90.8 percent appor- under this section. ‘‘(B) the number of eligible low-income in- tioned under this paragraph shall be appor- ‘‘(5) Capital and operating assistance limi- dividuals in all such urbanized areas. tioned so that each urbanized area with a tations applicable to the original apportion- ‘‘(2) 25 percent of the funds shall be appor- population of at least 200,000 but not more ment apply to amounts transferred under tioned among designated recipients for ur- than 999,999 is entitled to receive an amount this subsection. banized areas with a population of less than equal to— ‘‘(g) PERIOD OF AVAILABILITY TO RECIPI- 200,000 in the ratio that— ‘‘(i) 50 percent of the 26.61 percent appor- ENTS.—An amount apportioned under this ‘‘(A) the number of eligible low-income in- tioned under this subparagraph multiplied section may be obligated by the recipient for dividuals in each such urbanized area; bears by a ratio equal to the total bus vehicle rev- 5 years after the fiscal year in which the to enue miles operated in or directly serving amount is apportioned. Not later than 30 ‘‘(B) the number of eligible low-income in- the urbanized area divided by the total bus days after the end of the 5-year period, an dividuals in all such urbanized areas.’’.

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SEC. 40028. STATE OF GOOD REPAIR GRANTS. ‘‘(C) RECIPIENT.—For purposes of this para- ‘‘(2) COMPETITIVE PROCESS.—The Secretary Section 5337 of title 49, United States Code, graph, the term ‘recipient’ means an entity shall solicit grant applications and make is amended to read as follows: that received funding under this section, as grants for eligible projects on a competitive ‘‘§ 5337. State of good repair grants in effect for fiscal year 2011. basis. ‘‘(a) DEFINITIONS.—In this section, the fol- ‘‘(3) VEHICLE REVENUE MILES AND DIREC- ‘‘(3) PRIORITY CONSIDERATION.—In making lowing definitions shall apply: TIONAL ROUTE MILES.— grants under this subsection, the Secretary ‘‘(1) FIXED GUIDEWAY.—The term ‘fixed ‘‘(A) IN GENERAL.—50 percent of the shall give priority to grant applications re- guideway’ means a public transportation fa- amount described in paragraph (1) shall be ceived from recipients receiving an amount cility— apportioned to recipients in accordance with under this section that is not less than 2 per- ‘‘(A) using and occupying a separate right- this paragraph. cent less than the amount the recipient of-way for the exclusive use of public trans- ‘‘(B) VEHICLE REVENUE MILES.—A recipient would have received under this section, as in portation; in an urbanized area shall receive an amount effect for fiscal year 2011, if the amount had ‘‘(B) using rail; equal to 60 percent of the amount described been calculated using the definition of the ‘‘(C) using a fixed catenary system; in subparagraph (A), multiplied by the num- term ‘fixed guideway’ under subsection (a) of ‘‘(D) for a passenger ferry system; or ber of fixed guideway vehicle revenue miles this section, as in effect on the day after the ‘‘(E) for a bus rapid transit system. attributable to the urbanized area, as estab- date of enactment of the Federal Public ‘‘(2) STATE.—The term ‘State’ means the 50 lished by the Secretary, divided by the total Transportation Act of 2012. States, the District of Columbia, and Puerto number of all fixed guideway vehicle revenue Rico. miles attributable to all urbanized areas. ‘‘(e) HIGH INTENSITY MOTORBUS STATE OF ‘‘(3) STATE OF GOOD REPAIR.—The term ‘‘(C) DIRECTIONAL ROUTE MILES.—A recipi- GOOD REPAIR.— ‘state of good repair’ has the meaning given ent in an urbanized area shall receive an ‘‘(1) DEFINITION.—For purposes of this sub- that term by the Secretary, by rule, under amount equal to 40 percent of the amount section, the term ‘fixed guideway motorbus’ section 5326(b). described in subparagraph (A), multiplied by means public transportation that is provided ‘‘(4) TRANSIT ASSET MANAGEMENT PLAN.— the number of fixed guideway directional on a facility with access for other high-occu- The term ‘transit asset management plan’ route miles attributable to the urbanized pancy vehicles. means a plan developed by a recipient of area, as established by the Secretary, divided ‘‘(2) APPORTIONMENT.—Of the amount au- funding under this chapter that— by the total number of all fixed guideway di- thorized or made available under section ‘‘(A) includes, at a minimum, capital asset rectional route miles attributable to all ur- 5338(a)(2)(M), $112,500,000 shall be apportioned inventories and condition assessments, deci- banized areas. to urbanized areas for high intensity sion support tools, and investment ‘‘(4) LIMITATION.— motorbus state of good repair in accordance prioritization; and ‘‘(A) IN GENERAL.—Except as provided in with this subsection. ‘‘(B) the recipient certifies that the recipi- subparagraph (B), the share of the total ‘‘(3) VEHICLE REVENUE MILES AND DIREC- ent complies with the rule issued under sec- amount apportioned under this section that TIONAL ROUTE MILES.— tion 5326(d). is apportioned to an area under this sub- ‘‘(A) IN GENERAL.—$60,000,000 of the amount ‘‘(b) GENERAL AUTHORITY.— section shall not decrease by more than 0.25 described in paragraph (2) shall be appor- ‘‘(1) ELIGIBLE PROJECTS.—The Secretary percentage points compared to the share ap- tioned to each area in accordance with this may make grants under this section to assist portioned to the area under this subsection paragraph. State and local governmental authorities in in the previous fiscal year. ‘‘(B) VEHICLE REVENUE MILES.—Each area financing capital projects to maintain public ‘‘(B) SPECIAL RULE FOR FISCAL YEAR 2012.— shall receive an amount equal to 60 percent transportation systems in a state of good re- In fiscal year 2012, the share of the total of the amount described in subparagraph (A), pair, including projects to replace and reha- amount apportioned under this section that multiplied by the number of fixed guideway bilitate— is apportioned to an area under this sub- motorbus vehicle revenue miles attributable ‘‘(A) rolling stock; section shall not decrease by more than 0.25 to the area, as established by the Secretary, ‘‘(B) track; percentage points compared to the share divided by the total number of all fixed ‘‘(C) line equipment and structures; that would have been apportioned to the guideway motorbus vehicle revenue miles at- ‘‘(D) signals and communications; area under this section, as in effect for fiscal tributable to all areas. ‘‘(E) power equipment and substations; year 2011, if the share had been calculated ‘‘(C) DIRECTIONAL ROUTE MILES.—Each area ‘‘(F) passenger stations and terminals; using the definition of the term ‘fixed guide- shall receive an amount equal to 40 percent ‘‘(G) security equipment and systems; way’ under subsection (a) of this section, as of the amount described in subparagraph (A), ‘‘(H) maintenance facilities and equipment; in effect on the day after the date of enact- ‘‘(I) operational support equipment, includ- multiplied by the number of fixed guideway ment of the Federal Public Transportation ing computer hardware and software; motorbus directional route miles attrib- Act of 2012. ‘‘(J) development and implementation of a utable to the area, as established by the Sec- ‘‘(5) USE OF FUNDS.—Amounts made avail- transit asset management plan; and retary, divided by the total number of all able under this subsection shall be available ‘‘(K) other replacement and rehabilitation fixed guideway motorbus directional route for the exclusive use of fixed guideway projects the Secretary determines appro- miles attributable to all areas. priate. projects. ‘‘(4) SPECIAL RULE FOR FIXED GUIDEWAY ‘‘(6) RECEIVING APPORTIONMENT.— ‘‘(2) INCLUSION IN PLAN.—A recipient shall MOTORBUS.— include a project carried out under para- ‘‘(A) IN GENERAL.—Except as provided in ‘‘(A) IN GENERAL.—$52,500,000 of the amount graph (1) in the transit asset management subparagraph (B), for an area with a fixed described in paragraph (2) shall be appor- plan of the recipient upon completion of the guideway system, the amounts provided tioned— plan. under this section shall be apportioned to ‘‘(i) in accordance with this paragraph; and ‘‘(c) HIGH INTENSITY FIXED GUIDEWAY the designated recipient for the urbanized ‘‘(ii) among urbanized areas within a State STATE OF GOOD REPAIR FORMULA.— area in which the system operates. in the same proportion as funds are appor- ‘‘(1) IN GENERAL.—Of the amount author- ‘‘(B) EXCEPTION.—An area described in the tioned within a State under section 5336, ex- ized or made available under section amendment made by section 3028(a) of the cept subsection (b), and shall be added to 5338(a)(2)(M), $1,874,763,500 shall be appor- Transportation Equity Act for the 21st Cen- such amounts. tioned to recipients in accordance with this tury (Public Law 105–178; 112 Stat. 366) shall ‘‘(B) TERRITORIES.—Of the amount de- subsection. receive an individual apportionment under scribed in subparagraph (A), $500,000 shall be ‘‘(2) AREA SHARE.— this subsection. distributed among the territories, as deter- ‘‘(A) IN GENERAL.—50 percent of the ‘‘(7) APPORTIONMENT REQUIREMENTS.—For mined by the Secretary. amount described in paragraph (1) shall be purposes of determining the number of fixed ‘‘(C) STATES.—Of the amount described in apportioned for fixed guideway systems in guideway vehicle revenue miles or fixed subparagraph (A), each State shall receive accordance with this paragraph. guideway directional route miles attrib- $1,000,000. ‘‘(B) SHARE.—A recipient shall receive an utable to an urbanized area for a fiscal year ‘‘(5) USE OF FUNDS.—A recipient may trans- amount equal to the amount described in under this subsection, only segments of fixed fer any part of the apportionment under this subparagraph (A), multiplied by the amount guideway systems placed in revenue service subsection for use under subsection (c). the recipient would have received under this not later than 7 years before the first day of ‘‘(6) APPORTIONMENT REQUIREMENTS.—For section, as in effect for fiscal year 2011, if the the fiscal year shall be deemed to be attrib- purposes of determining the number of fixed amount had been calculated in accordance utable to an urbanized area. guideway motorbus vehicle revenue miles or with section 5336(b)(1) and using the defini- ‘‘(d) FIXED GUIDEWAY STATE OF GOOD RE- fixed guideway motorbus directional route tion of the term ‘fixed guideway’ under sub- PAIR GRANT PROGRAM.— miles attributable to an urbanized area for a section (a) of this section, as such sections ‘‘(1) IN GENERAL.—The Secretary may make fiscal year under this subsection, only seg- are in effect on the day after the date of en- grants under this section to assist State and ments of fixed guideway motorbus systems actment of the Federal Public Transpor- local governmental authorities in financing placed in revenue service not later than 7 tation Act of 2012, and divided by the total fixed guideway capital projects to maintain years before the first day of the fiscal year amount apportioned for all areas under this public transportation systems in a state of shall be deemed to be attributable to an ur- section for fiscal year 2011. good repair. banized area.’’.

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SEC. 40029. AUTHORIZATIONS. ‘‘(e) FIXED GUIDEWAY STATE OF GOOD RE- section shall remain available until ex- Section 5338 of title 49, United States Code, PAIR GRANT PROGRAM.—There are authorized pended.’’. is amended to read as follows: to be appropriated to carry out section SEC. 40030. APPORTIONMENTS BASED ON GROW- ‘‘§ 5338. Authorizations 5337(d), $7,463,000 for each of fiscal years 2012 ING STATES AND HIGH DENSITY STATES FORMULA FACTORS. ‘‘(a) FORMULA GRANTS.— and 2013. ‘‘(f) ADMINISTRATION.— Section 5340 of title 49, United States Code, ‘‘(1) IN GENERAL.—There shall be available is amended to read as follows: from the Mass Transit Account of the High- ‘‘(1) IN GENERAL.—There are authorized to ‘‘§ 5340. Apportionments based on growing way Trust Fund to carry out sections 5305, be appropriated to carry out section 5334, States and high density States formula fac- 5307, 5308, 5310, 5311, 5312, 5313, 5314, 5315, 5322, $108,350,000 for each of fiscal years 2012 and tors 5335, and 5340, subsections (c) and (e) of sec- 2013. tion 5337, and section 40005(b) of the Federal ‘‘(2) SECTION 5329.—Of the amounts author- ‘‘(a) DEFINITION.—In this section, the term Public Transportation Act of 2012, ized to be appropriated under paragraph (1), ‘State’ shall mean each of the 50 States of $8,360,565,000 for each of fiscal years 2012 and not less than $10,000,000 shall be available to the United States. ‘‘(b) ALLOCATION.—Of the amounts made 2013. carry out section 5329. available for each fiscal year under section LLOCATION OF FUNDS.—Of the ‘‘(3) SECTION 5326.—Of the amounts made ‘‘(2) A 5338(a)(2)(N), the Secretary shall apportion— amounts made available under paragraph available under paragraph (2), not less than $1,000,000 shall be available to carry out sec- ‘‘(1) 50 percent to States and urbanized (1)— areas in accordance with subsection (c); and ‘‘(A) $124,850,000 for each of fiscal years 2012 tion 5326. ‘‘(g) OVERSIGHT.— ‘‘(2) 50 percent to States and urbanized and 2013 shall be available to carry out sec- areas in accordance with subsection (d). ‘‘(1) IN GENERAL.—Of the amounts made tion 5305; ‘‘(c) GROWING STATE APPORTIONMENTS.— available to carry out this chapter for a fis- ‘‘(B) $20,000,000 for each of fiscal years 2012 ‘‘(1) APPORTIONMENT AMONG STATES.—The cal year, the Secretary may use not more and 2013 shall be available to carry out sec- amounts apportioned under subsection (b)(1) than the following amounts for the activities tion 40005(b) of the Federal Public Transpor- shall provide each State with an amount described in paragraph (2): tation Act of 2012; equal to the total amount apportioned mul- ‘‘(A) 0.5 percent of amounts made available ‘‘(C) $4,756,161,500 for each of fiscal years tiplied by a ratio equal to the population of to carry out section 5305. 2012 and 2013 shall be allocated in accordance that State forecast for the year that is 15 with section 5336 to provide financial assist- ‘‘(B) 0.75 percent of amounts made avail- years after the most recent decennial census, ance for urbanized areas under section 5307; able to carry out section 5307. divided by the total population of all States ‘‘(D) $65,150,000 for each of fiscal years 2012 ‘‘(C) 1 percent of amounts made available forecast for the year that is 15 years after and 2013 shall be available to carry out sec- to carry out section 5309. the most recent decennial census. Such fore- tion 5308, of which not less than $8,500,000 ‘‘(D) 1 percent of amounts made available cast shall be based on the population trend shall be used to carry out activities under to carry out section 601 of the Passenger Rail for each State between the most recent de- section 5312; Investment and Improvement Act of 2008 cennial census and the most recent estimate ‘‘(E) $248,600,000 for each of fiscal years 2012 (Public Law 110–432; 126 Stat. 4968). of population made by the Secretary of Com- and 2013 shall be available to provide finan- ‘‘(E) 0.5 percent of amounts made available merce. cial assistance for services for the enhanced to carry out section 5310. ‘‘(2) APPORTIONMENTS BETWEEN URBANIZED mobility of seniors and individuals with dis- ‘‘(F) 0.5 percent of amounts made available AREAS AND OTHER THAN URBANIZED AREAS IN abilities under section 5310; to carry out section 5311. EACH STATE.— ‘‘(F) $591,190,000 for each of fiscal years 2012 ‘‘(G) 0.5 percent of amounts made available ‘‘(A) IN GENERAL.—The Secretary shall ap- and 2013 shall be available to provide finan- to carry out section 5320. portion amounts to each State under para- cial assistance for other than urbanized ‘‘(H) 0.75 percent of amounts made avail- graph (1) so that urbanized areas in that areas under section 5311, of which not less able to carry out section 5337(c). State receive an amount equal to the than $30,000,000 shall be available to carry ‘‘(2) ACTIVITIES.—The activities described amount apportioned to that State multiplied out section 5311(c)(1) and $20,000,000 shall be in this paragraph are as follows: by a ratio equal to the sum of the forecast available to carry out section 5311(c)(2); ‘‘(A) Activities to oversee the construction population of all urbanized areas in that ‘‘(G) $34,000,000 for each of fiscal years 2012 of a major capital project. State divided by the total forecast popu- and 2013 shall be available to carry out re- ‘‘(B) Activities to review and audit the lation of that State. In making the appor- search, development, demonstration, and de- safety and security, procurement, manage- tionment under this subparagraph, the Sec- ployment projects under section 5312; ment, and financial compliance of a recipi- retary shall utilize any available forecasts ‘‘(H) $6,500,000 for each of fiscal years 2012 ent or subrecipient of funds under this chap- made by the State. If no forecasts are avail- and 2013 shall be available to carry out a ter. able, the Secretary shall utilize data on ur- transit cooperative research program under ‘‘(C) Activities to provide technical assist- banized areas and total population from the section 5313; ance generally, and to provide technical as- most recent decennial census. ‘‘(I) $4,500,000 for each of fiscal years 2012 sistance to correct deficiencies identified in ‘‘(B) REMAINING AMOUNTS.—Amounts re- and 2013 shall be available for technical as- compliance reviews and audits carried out maining for each State after apportionment sistance and standards development under under this section. under subparagraph (A) shall be apportioned section 5314; ‘‘(3) GOVERNMENT SHARE OF COSTS.—The to that State and added to the amount made ‘‘(J) $5,000,000 for each of fiscal years 2012 Government shall pay the entire cost of car- available for grants under section 5311. and 2013 shall be available for the National rying out a contract under this subsection. ‘‘(3) APPORTIONMENTS AMONG URBANIZED Transit Institute under section 5315; ‘‘(4) AVAILABILITY OF CERTAIN FUNDS.— AREAS IN EACH STATE.—The Secretary shall ‘‘(K) $2,000,000 for each of fiscal years 2012 Funds made available under paragraph (1)(C) apportion amounts made available to urban- and 2013 shall be available for workforce de- shall be made available to the Secretary be- ized areas in each State under paragraph velopment and human resource grants under fore allocating the funds appropriated to (2)(A) so that each urbanized area receives an section 5322; carry out any project under a full funding amount equal to the amount apportioned ‘‘(L) $3,850,000 for each of fiscal years 2012 grant agreement. under paragraph (2)(A) multiplied by a ratio and 2013 shall be available to carry out sec- ‘‘(h) GRANTS AS CONTRACTUAL OBLIGA- equal to the population of each urbanized tion 5335; TIONS.— area divided by the sum of populations of all ‘‘(M) $1,987,263,500 for each of fiscal years ‘‘(1) GRANTS FINANCED FROM HIGHWAY TRUST urbanized areas in the State. Amounts ap- 2012 and 2013 shall be available to carry out FUND.—A grant or contract that is approved portioned to each urbanized area shall be subsections (c) and (e) of section 5337; and by the Secretary and financed with amounts added to amounts apportioned to that urban- ‘‘(N) $511,500,000 for each of fiscal years 2012 made available from the Mass Transit Ac- ized area under section 5336, and made avail- and 2013 shall be allocated in accordance count of the Highway Trust Fund pursuant able for grants under section 5307. with section 5340 to provide financial assist- to this section is a contractual obligation of ‘‘(d) HIGH DENSITY STATE APPORTION- ance for urbanized areas under section 5307 the Government to pay the Government MENTS.—Amounts to be apportioned under and other than urbanized areas under section share of the cost of the project. subsection (b)(2) shall be apportioned as fol- 5311. ‘‘(2) GRANTS FINANCED FROM GENERAL lows: ‘‘(b) EMERGENCY RELIEF PROGRAM.—There FUND.—A grant or contract that is approved ‘‘(1) ELIGIBLE STATES.—The Secretary shall are authorized to be appropriated such sums by the Secretary and financed with amounts designate as eligible for an apportionment as are necessary to carry out section 5306. appropriated in advance from the General under this subsection all States with a popu- ‘‘(c) CAPITAL INVESTMENT GRANTS.—There Fund of the Treasury pursuant to this sec- lation density in excess of 370 persons per are authorized to be appropriated to carry tion is a contractual obligation of the Gov- square mile. out section 5309, $1,955,000,000 for each of fis- ernment to pay the Government share of the ‘‘(2) STATE URBANIZED LAND FACTOR.—For cal years 2012 and 2013. cost of the project only to the extent that each State qualifying for an apportionment ‘‘(d) PAUL S. SARBANES TRANSIT IN THE amounts are appropriated for such purpose under paragraph (1), the Secretary shall cal- PARKS.—There are authorized to be appro- by an Act of Congress. culate an amount equal to— priated to carry out section 5320, $26,900,000 ‘‘(i) AVAILABILITY OF AMOUNTS.—Amounts ‘‘(A) the total land area of the State (in for each of fiscal years 2012 and 2013. made available by or appropriated under this square miles); multiplied by

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‘‘(B) 370; multiplied by (e) SECTION 5330.—Effective 3 years after ‘‘5310. Formula grants for the enhanced mo- ‘‘(C)(i) the population of the State in ur- the effective date of the final rules issued by bility of seniors and individuals banized areas; divided by the Secretary of Transportation under sec- with disabilities. ‘‘(ii) the total population of the State. tion 5329(e) of title 49, United States Code, as ‘‘5311. Formula grants for other than urban- ‘‘(3) STATE APPORTIONMENT FACTOR.—For amended by this division, section 5330 of title ized areas. each State qualifying for an apportionment 49, United States Code, is repealed. ‘‘5312. Research, development, demonstra- under paragraph (1), the Secretary shall cal- (f) SECTION 5331.—Section 5331 of title 49, tion, and deployment projects. culate an amount equal to the difference be- United States Code, is amended by striking ‘‘5313. Transit cooperative research program. tween the total population of the State less ‘‘Secretary of Transportation’’ each place ‘‘5314. Technical assistance and standards de- the amount calculated in paragraph (2). that term appears and inserting ‘‘Sec- velopment. ‘‘(4) STATE APPORTIONMENT.—Each State retary’’. ‘‘5315. National Transit Institute. qualifying for an apportionment under para- (g) SECTION 5332.—Section 5332(c)(1) of title ‘‘[5316. Repealed.] graph (1) shall receive an amount equal to 49, United States Code, is amended by strik- ‘‘[5317. Repealed.] the amount to be apportioned under this sub- ing ‘‘of Transportation’’. ‘‘5318. Bus testing facilities. section multiplied by the amount calculated (h) SECTION 5333.—Section 5333(a) of title ‘‘5319. Bicycle facilities. for the State under paragraph (3) divided by 49, United States Code, is amended by strik- ‘‘5320. Alternative transportation in parks the sum of the amounts calculated under ing ‘‘sections 3141-3144’’ and inserting ‘‘sec- and public lands. paragraph (3) for all States qualifying for an tions 3141 through 3144’’. ‘‘[5321. Repealed.] apportionment under paragraph (1). (i) SECTION 5334.—Section 5334 of title 49, ‘‘5322. Public transportation workforce devel- ‘‘(5) APPORTIONMENTS AMONG URBANIZED United States Code, is amended— opment and human resource AREAS IN EACH STATE.—The Secretary shall (1) in subsection (c)— programs. apportion amounts made available to each (A) by striking ‘‘Secretary of Transpor- ‘‘5323. General provisions. State under paragraph (4) so that each ur- tation’’ each place that term appears and in- ‘‘[5324. Repealed.] banized area receives an amount equal to the serting ‘‘Secretary’’; and ‘‘5325. Contract requirements. amount apportioned under paragraph (4) (B) in paragraph (1), by striking ‘‘Commit- ‘‘5326. Transit asset management. multiplied by a ratio equal to the population tees on Transportation and Infrastructure ‘‘5327. Project management oversight. of each urbanized area divided by the sum of and Appropriations of the House of Rep- ‘‘[5328. Repealed.] populations of all urbanized areas in the resentatives and the Committees on Bank- ‘‘5329. Public transportation safety program. State. For multistate urbanized areas, the ing, Housing, and Urban Affairs and Appro- ‘‘5330. State safety oversight. Secretary shall suballocate funds made priations of the Senate’’ and inserting ‘‘Com- ‘‘5331. Alcohol and controlled substances available under paragraph (4) to each State’s mittee on Banking, Housing, and Urban Af- testing. part of the multistate urbanized area in pro- fairs and the Committee on Appropriations ‘‘5332. Nondiscrimination. portion to the State’s share of population of of the Senate and the Committee on Trans- ‘‘5333. Labor standards. the multistate urbanized area. Amounts ap- portation and Infrastructure and the Com- ‘‘5334. Administrative provisions. portioned to each urbanized area shall be mittee on Appropriations of the House of ‘‘5335. National transit database. made available for grants under section Representatives’’; ‘‘5336. Apportionment of appropriations for 5307.’’. (2) in subsection (d), by striking ‘‘of Trans- formula grants. portation’’; SEC. 40031. TECHNICAL AND CONFORMING ‘‘5337. State of good repair grants. AMENDMENTS. (3) in subsection (e), by striking ‘‘of Trans- ‘‘5338. Authorizations. portation’’; (a) SECTION 5305.—Section 5305 of title 49, ‘‘[5339. Repealed.] United States Code, is amended— (4) in subsection (f), by striking ‘‘of Trans- ‘‘5340. Apportionments based on growing (1) in subsection (c), by striking ‘‘sections portation’’; States and high density States 5303, 5304, and 5306’’ and inserting ‘‘sections (5) in subsection (g), in the matter pre- formula factors.’’. 5303 and 5304’’; ceding paragraph (1)— (2) in subsection (d), by striking ‘‘sections (A) by striking ‘‘of Transportation’’; and SA 1516. Mr. MCCAIN (for himself, 5303 and 5306’’ each place that term appears (B) by striking ‘‘subsection (a)(3) or (4) of Mr. CARPER, Mr. COATS, and Mr. UDALL and inserting ‘‘section 5303’’; this section’’ and inserting ‘‘paragraph (3) or of Colorado) submitted an amendment (4) of subsection (a)’’; (3) in subsection (e)(1)(A), by striking ‘‘sec- intended to be proposed by him to the tions 5304, 5306, 5315, and 5322’’ and inserting (6) in subsection (h)— (A) in paragraph (1), in the matter pre- bill S. 1813, to reauthorize Federal-aid ‘‘section 5304’’; highway and highway safety construc- (4) in subsection (f)— ceding subparagraph (A), by striking ‘‘of Transportation’’; and tion programs, and for other purposes; (A) in the heading, by striking ‘‘GOVERN- (B) in paragraph (2), by striking ‘‘of this MENT’S’’ and inserting ‘‘GOVERNMENT’’; and which was ordered to lie on the table; (B) by striking ‘‘Government’s’’ and insert- section’’; as follows: (7) in subsection (i)(1), by striking ‘‘of ing ‘‘Government’’; and At the appropriate place, insert the fol- Transportation’’; and (5) in subsection (g), by striking ‘‘section lowing: (8) in subsection (j), as so redesignated by 5338(c) for fiscal years 2005 through 2011 and SEC. lll. REDUCE UNNECESSARY SPENDING for the period beginning on October 1, 2011, section 40025 of this division, by striking ‘‘Committees on Banking, Housing, and ACT OF 2012. and ending on March 31, 2012’’ and inserting (a) SHORT TITLE AND PURPOSES.— ‘‘section 5338(a)(2)(A) for a fiscal year’’. Urban Affairs and Appropriations of the Sen- ate and Committees on Transportation and (1) SHORT TITLE.—This section may be (b) SECTION 5313.—Section 5313(a) of title Infrastructure and Appropriations of the cited as the ‘‘Reduce Unnecessary Spending 49, United States Code, is amended— House of Representatives’’ and inserting Act of 2012’’. (1) in the first sentence, by striking ‘‘sub- ‘‘Committee on Banking, Housing, and (2) PURPOSE.—The purpose of this section sections (a)(5)(C)(iii) and (d)(1) of section Urban Affairs and the Committee on Appro- is to create an optional fast-track procedure 5338’’ and inserting section ‘‘5338(a)(2)(H)’’; priations of the Senate and the Committee the President may use when submitting re- and on Transportation and Infrastructure and scission requests, which would lead to an up- (2) in the second sentence, by striking ‘‘of the Committee on Appropriations of the or-down vote by Congress on the President’s Transportation’’. House of Representatives’’. package of rescissions, without amendment. (c) SECTION 5319.—Section 5319 of title 49, (j) SECTION 5335.—Section 5335(a) of title 49, (b) RESCISSIONS OF FUNDING.—The Im- United States Code, is amended, in the sec- United States Code, is amended by striking poundment Control Act of 1974 is amended by ond sentence— ‘‘of Transportation’’. striking part C and inserting the following: (1) by striking ‘‘sections 5307(e), 5309(h), (k) TABLE OF SECTIONS.—The table of sec- ‘‘PART C—EXPEDITED CONSIDERATION OF and 5311(g) of this title’’ and inserting ‘‘sec- tions for chapter 53 of title 49, United States PROPOSED RESCISSIONS tions 5307(e), 5309(k), and 5311(h)’’; and Code, is amended to read as follows: (2) by striking ‘‘of the United States’’ and ‘‘SEC. 1021. APPLICABILITY AND DISCLAIMER. inserting ‘‘made by the’’. ‘‘Sec. ‘‘The rules, procedures, requirements, and ‘‘5301. Policies, purposes, and goals. definitions in this part apply only to execu- (d) SECTION 5325.—Section 5325 of title 49, ‘‘5302. Definitions. United States Code, is amended— tive and legislative actions explicitly taken ‘‘5303. Metropolitan transportation planning. under this part. They do not apply to actions (1) in subsection (b)(2)(A), by striking ‘‘5304. Statewide and nonmetropolitan trans- taken under part B or to other executive and ‘‘title 48, Code of Federal Regulations (com- portation planning. legislative actions not taken under this part. monly known as the Federal Acquisition ‘‘5305. Planning programs. Regulation)’’ and inserting ‘‘the Federal Ac- ‘‘5306. Public transportation emergency re- ‘‘SEC. 1022. DEFINITIONS. quisition Regulation, or any successor there- lief program. ‘‘In this part: to’’; and ‘‘5307. Urbanized area formula grants. ‘‘(1) The terms ‘appropriations Act’, ‘budg- (2) in subsection (e), by striking ‘‘Govern- ‘‘5308. Clean fuel grant program. et authority’, and ‘new budget authority’ ment financial assistance’’ and inserting ‘‘5309. Fixed guideway capital investment have the same meanings as in section 3 of ‘‘Federal financial assistance’’. grants. the Congressional Budget Act of 1974.

VerDate Mar 15 2010 05:24 Jun 04, 2013 Jkt 099060 PO 00000 Frm 00142 Fmt 4624 Sfmt 0634 J:\CRONLINE\2000-THRU-2012-ONLINE-CORRECTIONS\2012 RECORD ONLINE CORREC bjneal on DSK2TWX8P1PROD with February 9, 2012 CONGRESSIONAL RECORD — SENATE S537 ‘‘(2) The terms ‘account’, ‘current year’, ‘‘(C) the program, project, or activity with- package in question, except that the Clerk ‘CBO’, and ‘OMB’ have the same meanings as in the account (if applicable) from which the shall omit a numbered rescission request if in section 250 of the Balanced Budget and rescission shall occur; the Chairman of the Committee on the Budg- Emergency Deficit Control Act of 1985 as in ‘‘(D) the amount of funding, if any, that et of the House, after consulting with the effect on September 30, 2002. would remain for the account, program, Chairman of the Committee on the Budget of ‘‘(3) The term ‘days of session’ shall be cal- project, or activity if the rescission request the Senate, CBO, GAO, and the House and culated by excluding weekends and national is enacted; and Senate committees that have jurisdiction holidays. Any day during which a chamber of ‘‘(E) the reasons the President requests the over the funding, determines that the num- Congress is not in session shall not be count- rescission; bered rescission does not refer to funding or ed as a day of session of that chamber. Any ‘‘(2) designate each separate rescission re- includes matter not permitted under a re- day during which neither chamber is in ses- quest by number; and quest to rescind funding. sion shall not be counted as a day of session ‘‘(3) include proposed legislative language ‘‘(b) INTRODUCTION AND REFERRAL OF LEGIS- of Congress. to accomplish the requested rescissions LATION TO ENACT A PACKAGE OF EXPEDITED ‘‘(4) The term ‘entitlement law’ means the which may not include— RESCISSIONS.—The majority leader or the mi- statutory mandate or requirement of the ‘‘(A) any changes in existing law, other nority leader of the House or Representa- United States to incur a financial obligation than the rescission of funding; or tives, or a designee, shall (by request) intro- unless that obligation is explicitly condi- ‘‘(B) any supplemental appropriations, duce each bill prepared under subsection (a) tioned on the appropriation in subsequent transfers, or reprogrammings. not later than 4 days of session of the House legislation of sufficient funds for that pur- ‘‘SEC. 1025. GRANTS OF AND LIMITATIONS ON after its transmittal, or, if no such bill is in- pose, and the Supplemental Nutrition Assist- PRESIDENTIAL AUTHORITY. troduced within that period, any member of ance Program. ‘‘(a) PRESIDENTIAL AUTHORITY TO WITH- the House may introduce the required bill in ‘‘(5) The term ‘funding’ refers to new budg- HOLD FUNDING.—Notwithstanding any other the required form on the fifth or sixth day of et authority and obligation limits except to provision of law and if the President pro- session of the House after its transmittal. If the extent that the funding is provided for poses a rescission of funding under this part, such an expedited rescission bill is intro- entitlement law. OMB may, subject to the time limits pro- duced in accordance with the preceding sen- ‘‘(6) The term ‘rescind’ means to eliminate vided in subsection (c), temporarily withhold tence, it shall be referred to the House com- or reduce the amount of enacted funding. that funding from obligation. mittee of jurisdiction. A copy of the intro- duced House bill shall be transmitted to the ‘‘(7) The terms ‘withhold’ and ‘withholding’ ‘‘(b) EXPEDITED PROCEDURES AVAILABLE Secretary of the Senate, who shall provide it apply to any executive action or inaction ONLY ONCE PER BILL.—The President may to the Senate committee of jurisdiction. that precludes the obligation of funding at a not invoke the procedures of this part, or the ‘‘(c) HOUSE REPORT AND CONSIDERATION OF time when it would otherwise have been authority to withhold funding granted by LEGISLATION TO ENACT A PACKAGE OF EXPE- available to an agency for obligation. The subsection (a), on more than 1 occasion for DITED RESCISSIONS.—The House committee of terms do not include administrative or pre- any Act providing funding. jurisdiction shall report without amendment paratory actions undertaken prior to obliga- ‘‘(c) TIME LIMITS.—OMB shall make avail- the bill referred to it under subsection (b) tion in the normal course of implementing able for obligation any funding withheld not more than 5 days of session of the House budget laws. under subsection (a) on the earliest of— after the referral. The committee may order ‘‘SEC. 1023. TIMING AND PACKAGING OF RESCIS- ‘‘(1) the day on which the President deter- the bill reported favorably, unfavorably, or SION REQUESTS. mines that the continued withholding or re- without recommendation. If the committee ‘‘(a) TIMING.—If the President proposes duction no longer advances the purpose of has not reported the bill by the end of the 5- that Congress rescind funding under the pro- legislative consideration of the rescission re- day period, the committee shall be auto- cedures in this part, OMB shall transmit a quest; message to Congress containing the informa- matically discharged from further consider- ‘‘(2) starting from the day on which OMB ation of the bill and it shall be placed on the tion specified in section 1024, and the mes- transmitted a message to Congress request- sage transmitting the proposal shall be sent appropriate calendar. ing the rescission of funding, 25 calendar ‘‘(d) HOUSE MOTION TO PROCEED.— to Congress not later than 45 calendar days days in which the House of Representatives ‘‘(1) IN GENERAL.—After a bill to enact an after the date of enactment of the funding. has been in session or 25 calendar days in expedited rescission package has been re- ‘‘(b) PACKAGING AND TRANSMITTAL OF RE- which the Senate has been in session, which- ported or the committee of jurisdiction has QUESTED RESCISSIONS.—Except as provided in ever occurs second; or subsection (c), for each piece of legislation been discharged under subsection (c), it shall ‘‘(3) the last day after which the obligation be in order to move to proceed to consider that provides funding, the President shall re- of the funding in question can no longer be quest at most 1 package of rescissions and the bill in the House. A Member who wishes fully accomplished in a prudent manner be- the rescissions in that package shall apply to move to proceed to consideration of the fore its expiration. only to funding contained in that legislation. bill shall announce that fact, and the motion ‘‘(d) DEFICIT REDUCTION.— OMB shall deliver each message requesting a to proceed shall be in order only during a ‘‘(1) IN GENERAL.—Funds that are rescinded package of rescissions to the Secretary of time designated by the Speaker within the under this part shall be dedicated only to re- the Senate if the Senate is not in session and legislative schedule for the next calendar ducing the deficit or increasing the surplus. to the Clerk of the House of Representatives day of legislative session or the one imme- ‘‘(2) ADJUSTMENT OF LEVELS IN THE CONCUR- if the House is not in session. OMB shall diately following it. RENT RESOLUTION ON THE BUDGET.—Not later make a copy of the transmittal message pub- ‘‘(2) FAILURE TO SET TIME.—If the Speaker than 5 days after the date of enactment of an licly available, and shall publish in the Fed- does not designate a time under paragraph approval bill as provided under this part, the eral Register a notice of the message and in- (1), 3 or more calendar days of legislative ses- formation on how it can be obtained. chairs of the Committees on the Budget of sion after the bill has been reported or dis- ‘‘(c) SPECIAL PACKAGING RULES.—After en- the Senate and the House of Representatives charged, it shall be in order for any Member actment of— shall revise allocations and aggregates and to move to proceed to consider the bill. ‘‘(1) a joint resolution making continuing other appropriate levels under the appro- ‘‘(3) PROCEDURE.—A motion to proceed appropriations; priate concurrent resolution on the budget under this subsection shall not be in order ‘‘(2) a supplemental appropriations bill; or to reflect the repeal or cancellation, and the after the House has disposed of a prior mo- ‘‘(3) an omnibus appropriations bill; applicable committees shall report revised tion to proceed with respect to that package covering some or all of the activities cus- suballocations pursuant to section 302(b), as of expedited rescissions. The previous ques- tomarily funded in more than 1 regular ap- appropriate. tion shall be considered as ordered on the propriations bill, the President may propose ‘‘SEC. 1026. CONGRESSIONAL CONSIDERATION OF motion to proceed, without intervening mo- as many as 2 packages rescinding funding RESCISSION REQUESTS. tion. A motion to reconsider the vote by contained in that legislation, each within ‘‘(a) PREPARATION OF LEGISLATION TO CON- which the motion to proceed has been dis- the 45-day period specified in subsection (a). SIDER A PACKAGE OF EXPEDITED RESCISSION posed of shall not be in order. OMB shall not include the same rescission in REQUESTS.— ‘‘(4) REMOVAL FROM CALENDAR.—If 5 cal- both packages, and, if the President requests ‘‘(1) IN GENERAL.—If the House of Rep- endar days of legislative session have passed the rescission of more than one discrete resentatives receives a package of expedited since the bill was reported or discharged amount of funding under the jurisdiction of rescission requests, the Clerk shall prepare a under this subsection and no Member has a single subcommittee, OMB shall include House bill that only rescinds the amounts re- made a motion to proceed, the bill shall be each of those discrete amounts in the same quested which shall read as follows: removed from the calendar. package. ‘‘ ‘There are enacted the rescissions num- ‘‘(e) HOUSE CONSIDERATION.— ‘‘SEC. 1024. REQUESTS TO RESCIND FUNDING. bered [insert number or numbers] as set ‘‘(1) CONSIDERED AS READ.—A bill con- ‘‘For each request to rescind funding under forth in the Presidential message of [insert sisting of a package of rescissions under this this part, the transmittal message shall— date] transmitted under part C of the Im- part shall be considered as read. ‘‘(1) specify— poundment Control Act of 1974 as amended.’ ‘‘(2) POINTS OF ORDER.—All points of order ‘‘(A) the dollar amount to be rescinded; ‘‘(2) EXCLUSION PROCEDURE.—The Clerk against the bill are waived, except that a ‘‘(B) the agency, bureau, and account from shall include in the bill each numbered re- point of order may be made that 1 or more which the rescission shall occur; scission request listed in the Presidential numbered rescissions included in the bill

VerDate Mar 15 2010 05:24 Jun 04, 2013 Jkt 099060 PO 00000 Frm 00143 Fmt 4624 Sfmt 0634 J:\CRONLINE\2000-THRU-2012-ONLINE-CORRECTIONS\2012 RECORD ONLINE CORREC bjneal on DSK2TWX8P1PROD with S538 CONGRESSIONAL RECORD — SENATE February 9, 2012 would enact language containing matter not ‘‘Sec. 1025. Grants of and limitations on In 11008, in the amendment to section requested by the President or not permitted presidential authority. 133(c) of title 23, United States Code, strike under this part as part of that package. If ‘‘Sec. 1026. Congressional consideration of paragraphs (7) through (28) and insert the the Presiding Officer sustains such a point of rescission requests.’’. following: order, the numbered rescission or rescissions (2) TEMPORARY WITHHOLDING.—Section (7) Highway and transit safety infrastruc- that would enact such language are deemed 1013(c) of the Impoundment Control Act of ture improvements and programs, installa- to be automatically stripped from the bill 1974 is amended by striking ‘‘section 1012’’ tion of safety barriers and nets on bridges, and consideration proceeds on the bill as and inserting ‘‘section 1012 or section 1025’’. hazard eliminations, projects to mitigate modified. (3) RULEMAKING.— hazards caused by wildlife, and railway-high- ‘‘(3) PREVIOUS QUESTION.—The previous (A) 904(a).—Section 904(a) of the Congres- way grade crossings. question shall be considered as ordered on sional Budget Act of 1974 is amended by (8) Highway and transit research and devel- the bill to its passage without intervening striking ‘‘and 1017’’ and inserting ‘‘1017, and opment and technology transfer programs. motion, except that 4 hours of debate equally 1026’’. (9) Capital and operating costs for traffic divided and controlled by a proponent and an (B) 904(d)(1).—Section 904(d)(1) of the Con- and traveler information monitoring, man- opponent are allowed, as well as 1 motion to gressional Budget Act of 1974 is amended by agement, and control facilities and pro- further limit debate on the bill. striking ‘‘1017’’ and inserting ‘‘1017 or 1026’’. grams, including truck stop electrification ‘‘(4) MOTION TO RECONSIDER.—A motion to (d) AMENDMENTS TO PART A OF THE IM- systems. reconsider the vote on passage of the bill POUNDMENT CONTROL ACT.— (10) Projects and strategies designed to shall not be in order. (1) IN GENERAL.—Part A of the Impound- support congestion pricing, including elec- ‘‘(f) SENATE CONSIDERATION.— ment Control Act of 1974 is amended by in- tronic toll collection and travel demand ‘‘(1) REFERRAL.—If the House of Represent- serting at the end the following: management strategies and programs. atives approves a House bill enacting a pack- ‘‘SEC. 1002. SEVERABILITY. (11) Surface transportation planning. age of rescissions, that bill as passed by the ‘‘If the judicial branch of the United States (12) Maintenance of and improvements to House shall be sent to the Senate and re- finally determines that 1 or more of the pro- all public roads, including non-State-owned ferred to the Senate committee of jurisdic- visions of parts B or C violate the Constitu- public roads and roads on tribal land— tion. tion of the United States, the remaining pro- (A) that are located within 10 miles of the ‘‘(2) COMMITTEE ACTION.—The committee of visions of those parts shall continue in ef- international border between the United jurisdiction shall report without amendment fect.’’. States and Canada or Mexico; and the bill referred to it under this subsection (2) TABLE OF CONTENTS.—Section 1(b) of the (B) on which federally owned vehicles com- not later than 3 days of session of the Senate Congressional Budget and Impoundment prise more than 50 percent of the traffic. after the referral. The committee may order Control Act of 1974 is amended by inserting (13) Construction, reconstruction, resur- the bill reported favorably, unfavorably, or at the end of the matter for part A of title X facing, restoration, rehabilitation, and pres- without recommendation. the following: ervation of, and operational improvements ‘‘(3) DISCHARGE.—If the committee has not ‘‘Sec. 1002. Severability.’’. for, any public road if— reported the bill by the end of the 3-day pe- (e) EXPIRATION.—Part C of the Impound- (A) the public road, and the highway riod, the committee shall be automatically ment Control Act of 1974 (as amended by this project to be carried out with respect to the discharged from further consideration of the Act) shall expire on December 31, 2015. public road, are in the same corridor as, and bill and it shall be placed on the appropriate in proximity to— calendar. SA 1517. Mr. COATS (for himself and (i) a fully access-controlled highway des- ‘‘(4) MOTION TO PROCEED.—On the following Mr. LUGAR) submitted an amendment ignated as a part of the National Highway day and for 3 subsequent calendar days in intended to be proposed by him to the System; or which the Senate is in session, it shall be in bill S. 1813, to reauthorize Federal-aid (ii) in areas with a population of less than order for any Senator to move to proceed to highway and highway safety construc- 200,000, a Federal-aid highway designated as consider the bill in the Senate. Upon such a part of the National Highway System; motion being made, it shall be deemed to tion programs, and for other purposes; (B) the construction or improvements will have been agreed to and the motion to recon- which was ordered to lie on the table; enhance the level of service on the highway sider shall be deemed to have been laid on as follows: described in subparagraph (A) and improve the table. In section 11005(a), in the amendment to regional traffic flow; and ‘‘(5) DEBATE.—Debate on the bill in the section 104(c)(1) of title 23, United States (C) the construction or improvements are Senate under this subsection, and all debat- Code, strike ‘‘carry out section 134 shall be more cost-effective, as determined by ben- able motions and appeals in connection determined as follows’’ and all that follows efit-cost analysis, than an improvement to therewith, shall not exceed 10 hours, equally through subparagraph (B) and insert the fol- the highway described in subparagraph (A). divided and controlled in the usual form. De- lowing: bate in the Senate on any debatable motion ‘‘carry out section 134 shall be a percentage SA 1520. Mr. BLUNT (for himself, Mr. or appeal in connection with such a bill shall of the total amount available for apportion- MCCONNELL, Mr. JOHANNS, Mr. WICKER, be limited to not more than 1 hour, to be ment to all States that is equal to the pro- Mr. HATCH, Ms. AYOTTE, Mr. RUBIO, Mr. equally divided and controlled in the usual portion that— NELSON of Nebraska, Mr. ROBERTS, Mr. form. A motion to further limit debate on ‘‘(A) the amount of gas taxes paid by the such a bill is not debatable. State for a fiscal year; bears to MCCAIN, Mr. KYL, Mr. COATS, Mr. BAR- ‘‘(6) MOTIONS NOT IN ORDER.—A motion to ‘‘(B) the aggregate amount of gas taxes RASSO, Mr. TOOMEY, Mr. LUGAR, Mr. amend such a bill or strike a provision from paid by all States for the fiscal year. CORNYN, Mr. BOOZMAN, Mr. PAUL, Mr. it is not in order. A motion to recommit HOEVEN, and Mr. GRAHAM) submitted such a bill is not in order. SA 1518. Mr. COATS submitted an an amendment intended to be proposed ‘‘(g) SENATE POINT OF ORDER.—It shall not amendment intended to be proposed by by him to the bill S. 1813, to reauthor- be in order under this part for the Senate to him to the bill S. 1813, to reauthorize ize Federal-aid highway and highway consider a bill approved by the House enact- Federal-aid highway and highway safe- safety construction programs, and for ing a package of rescissions under this part ty construction programs, and for if any numbered rescission in the bill would other purposes; which was ordered to enact matter not requested by the President other purposes; which was ordered to lie on the table; as follows: or not permitted under this Act as part of lie on the table; as follows: At the appropriate place, insert the fol- that package. If a point of order under this In section 15007, in the amendment to sec- lowing: tion 126 of title 23, United States Code, subsection is sustained, the bill may not be SEC. ll. RESPECT FOR RIGHTS OF CON- considered under this part.’’. strike subsections (a) and (b) and insert the SCIENCE. ECHNICAL AND ONFORMING MEND following: (c) T C A - (a) FINDINGS AND PURPOSES.— MENTS ‘‘Notwithstanding any other provision of .— (1) FINDINGS.—Congress finds the following: (1) TABLE OF CONTENTS.—Section 1(b) of the law, a State may transfer funds from an ap- portionment under section 104(b) to any (A) As Thomas Jefferson declared to New Congressional Budget and Impoundment London Methodists in 1809, ‘‘[n]o provision in Control Act of 1974 is amended by striking other apportionment of the State under that section.’’. our Constitution ought to be dearer to man the matter for part C of title X and inserting than that which protects the rights of con- the following: SA 1519. Mr. COATS submitted an science against the enterprises of the civil ‘‘PART C—EXPEDITED CONSIDERATION OF amendment intended to be proposed by authority’’. PROPOSED RESCISSIONS him to the bill S. 1813, to reauthorize (B) Jefferson’s statement expresses a con- ‘‘Sec. 1021. Applicability and disclaimer. viction on respect for conscience that is ‘‘Sec. 1022. Definitions. Federal-aid highway and highway safe- deeply embedded in the history and tradi- ‘‘Sec. 1023. Timing and packaging of rescis- ty construction programs, and for tions of our Nation and codified in numerous sion requests. other purposes; which was ordered to State and Federal laws, including laws on ‘‘Sec. 1024. Requests to rescind funding. lie on the table; as follows: health care.

VerDate Mar 15 2010 05:24 Jun 04, 2013 Jkt 099060 PO 00000 Frm 00144 Fmt 4624 Sfmt 0634 J:\CRONLINE\2000-THRU-2012-ONLINE-CORRECTIONS\2012 RECORD ONLINE CORREC bjneal on DSK2TWX8P1PROD with February 9, 2012 CONGRESSIONAL RECORD — SENATE S539 (C) Until enactment of the Patient Protec- of this title, a health plan shall not be con- SEC. lll. DOMESTIC OIL AND NATURAL GAS tion and Affordable Care Act (Public Law sidered to have failed to provide timely or PRODUCTION GOAL. 111–148, in this section referred to as other access to items or services under this Section 18 of the Outer Continental Shelf ‘‘PPACA’’), the Federal Government has not title (or any amendment made by this title) Lands Act (43 U.S.C. 1344) is amended by sought to impose specific coverage or care or to fulfill any other requirement under this striking subsection (b) and inserting the fol- requirements that infringe on the rights of title because it has respected the rights of lowing: conscience of insurers, purchasers of insur- conscience of such a provider pursuant to ‘‘(b) DOMESTIC OIL AND NATURAL GAS PRO- ance, plan sponsors, beneficiaries, and other this paragraph. DUCTION GOAL.— stakeholders, such as individual or institu- ‘‘(C) NONDISCRIMINATION IN EXERCISING ‘‘(1) IN GENERAL.—In developing a 5-year oil tional health care providers. RIGHTS OF CONSCIENCE.—No Exchange or and gas leasing program, the Secretary shall (D) PPACA creates a new nationwide re- other official or entity acting in a govern- establish a domestic strategic production quirement for health plans to cover ‘‘essen- mental capacity in the course of imple- goal for the development of oil and natural tial health benefits’’ and ‘‘preventive serv- menting this title (or any amendment made gas under the program that is— ices’’ (including a distinct set of ‘‘preventive by this title) shall discriminate against a ‘‘(A) the best estimate of the potential in- services for women’’), delegating to the De- health plan, plan sponsor, health care pro- crease in domestic production of oil and nat- partment of Health and Human Services the vider, or other person because of such plan’s, ural gas from the outer Continental Shelf; authority to provide a list of detailed serv- sponsor’s, provider’s, or person’s unwilling- and ices under each category, and imposes other ness to provide coverage of, participate in, or ‘‘(B) focused on— new requirements with respect to the provi- refer for, specific items or services pursuant ‘‘(i) meeting the demand for oil and nat- sion of health care services. to this paragraph. ural gas in the United States; (E) While PPACA provides an exemption ‘‘(D) CONSTRUCTION.—Nothing in subpara- ‘‘(ii) reducing the dependence of the United for some religious groups that object to par- graph (A) or (B) shall be construed to permit States on foreign energy sources; and ticipation in Government health programs a health plan or provider to discriminate in ‘‘(iii) the production increases to be generally, it does not allow purchasers, plan a manner inconsistent with subparagraphs achieved by the leasing program at the end sponsors, and other stakeholders with reli- (B) and (D) of paragraph (4). of the 15-year period beginning on the effec- gious or moral objections to specific items or ‘‘(E) PRIVATE RIGHTS OF ACTION.—The var- tive date of the program. services to decline providing or obtaining ious protections of conscience in this para- ‘‘(2) 2012–2017 PROGRAM GOAL.—For purposes coverage of such items or services, or allow graph constitute the protection of individual of the 5-year oil and gas leasing program for health care providers with such objections to rights and create a private cause of action fiscal years 2012-2017, the production goal re- decline to provide them. for those persons or entities protected. Any ferred to in paragraph (1) shall be an increase (F) By creating new barriers to health in- person or entity may assert a violation of by 2027 of— surance and causing the loss of existing in- this paragraph as a claim or defense in a ju- ‘‘(A) not less than 3,000,000 barrels in the surance arrangements, these inflexible man- dicial proceeding. quantity of oil produced per day; and dates in PPACA jeopardize the ability of in- ‘‘(F) REMEDIES.— ‘‘(B) not less than 10,000,000,000 cubic feet dividuals to exercise their rights of con- ‘‘(i) FEDERAL JURISDICTION.—The Federal in the quantity of natural gas produced per science and their ability to freely participate courts shall have jurisdiction to prevent and day. in the health insurance and health care mar- redress actual or threatened violations of ‘‘(3) REPORTS.—At the end of each 5-year ketplace. this paragraph by granting all forms of legal oil and gas leasing program and annually (2) PURPOSES.—The purposes of this section or equitable relief, including, but not limited thereafter, the Secretary shall submit to the are— to, injunctive relief, declaratory relief, dam- Committee on Energy and Natural Resources (A) to ensure that health care stakeholders ages, costs, and attorney fees. of the Senate and the Committee on Natural retain the right to provide, purchase, or en- ‘‘(ii) INITIATING PARTY.—An action under Resources of the House of Representatives a roll in health coverage that is consistent this paragraph may be instituted by the At- report that describes the progress of the ap- with their religious beliefs and moral convic- torney General of the United States, or by plicable 5-year program with respect to tions, without fear of being penalized or dis- any person or entity having standing to com- achieving the production goal established for criminated against under PPACA; and plain of a threatened or actual violation of the program, including— (B) to ensure that no requirement in this paragraph, including, but not limited to, ‘‘(A) any projections for production under PPACA creates new pressures to exclude any actual or prospective plan sponsor, the program; and those exercising such conscientious objec- issuer, or other entity offering a plan, any ‘‘(B) identifying any problems with leasing, tion from health plans or other programs actual or prospective purchaser or bene- permitting, or production that would pre- under PPACA. ficiary of a plan, and any individual or insti- vent the production goal from being (b) RESPECT FOR RIGHTS OF CONSCIENCE.— tutional health care provider. achieved.’’. (1) IN GENERAL.—Section 1302(b) of the Pa- ‘‘(iii) INTERIM RELIEF.—Pending final deter- tient Protection and Affordable Care Act mination of any action under this paragraph, SA 1522. Mr. NELSON of Nebraska (Public Law 111–148; 42 U.S.C. 18022(b)) is the court may at any time enter such re- amended by adding at the end the following (for himself and Ms. KLOBUCHAR) sub- straining order or prohibitions, or take such mitted an amendment intended to be new paragraph: other actions, as it deems necessary. proposed by him to the bill S. 1813, to ‘‘(6) RESPECTING RIGHTS OF CONSCIENCE WITH ‘‘(G) ADMINISTRATION.—The Office for Civil REGARD TO SPECIFIC ITEMS OR SERVICES.— Rights of the Department of Health and reauthorize Federal-aid highway and ‘‘(A) FOR HEALTH PLANS.—A health plan Human Services is designated to receive highway safety construction programs, shall not be considered to have failed to pro- complaints of discrimination based on this and for other purposes; which was or- vide the essential health benefits package paragraph and coordinate the investigation dered to lie on the table; as follows: described in subsection (a) (or preventive of such complaints. At the end of subtitle E of title I, add the health services described in section 2713 of ‘‘(H) ACTUARIAL EQUIVALENCE.—Nothing in the Public Health Service Act), to fail to be following: this paragraph shall prohibit the Secretary SEC. 15ll. VEHICLE WEIGHT LIMITATIONS. a qualified health plan, or to fail to fulfill from issuing regulations or other guidance any other requirement under this title on Section 127(a)(12) of title 23, United States to ensure that health plans excluding spe- Code, is amended— the basis that it declines to provide coverage cific items or services under this paragraph of specific items or services because— (1) in subparagraph (B), by striking ‘‘400’’ shall have an aggregate actuarial value at and inserting ‘‘550’’; and ‘‘(i) providing coverage (or, in the case of a least equivalent to that of plans at the same sponsor of a group health plan, paying for (2) in subparagraph (C)(ii), by striking level of coverage that do not exclude such ‘‘400-pound’’ and inserting ‘‘550-pound’’. coverage) of such specific items or services is items or services.’’. contrary to the religious beliefs or moral (2) EFFECTIVE DATE.—The amendment SA 1523. Mr. NELSON of Nebraska convictions of the sponsor, issuer, or other made by paragraph (1) shall be effective as if (for himself and Mr. JOHANNS) sub- entity offering the plan; or included in the enactment of Public Law 111– ‘‘(ii) such coverage (in the case of indi- 148. mitted an amendment intended to be vidual coverage) is contrary to the religious proposed by him to the bill S. 1813, to beliefs or moral convictions of the purchaser SA 1521. Mr. WICKER (for himself reauthorize Federal-aid highway and or beneficiary of the coverage. and Mr. VITTER) submitted an amend- highway safety construction programs, ‘‘(B) FOR HEALTH CARE PROVIDERS.—Noth- ment intended to be proposed by him and for other purposes; which was or- ing in this title (or any amendment made by to the bill S. 1813, to reauthorize Fed- this title) shall be construed to require an dered to lie on the table; as follows: individual or institutional health care pro- eral-aid highway and highway safety On page 408, between lines 3 and 4, insert vider, or authorize a health plan to require a construction programs, and for other the following: provider, to provide, participate in, or refer purposes; which was ordered to lie on SEC. ll. EXEMPTION. for a specific item or service contrary to the the table; as follows: Any road, highway, or bridge that is in op- provider’s religious beliefs or moral convic- At the appropriate place, insert the fol- eration or under construction in a State and tions. Notwithstanding any other provision lowing: is damaged by an emergency that is declared

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by the Governor of the State and concurred At the appropriate place, insert the fol- PROJECTS.—Notwithstanding any other pro- in by the Secretary of Homeland Security or lowing: vision of law, the United States District declared as an emergency by the President SEC. lll. EXEMPTIONS FOR PROJECTS CAR- Court for the District of Columbia shall have pursuant to the Robert T. Stafford Disaster RIED OUT WITH NON-FEDERAL exclusive jurisdiction to hear all causes and Relief and Emergency Assistance Act (42 FUNDS. claims under this section or any other Act U.S.C. 5121 et seq.)— Notwithstanding any other provision of that arise from any covered energy project. (1) may be reconstructed in the same loca- law, a road, highway, or bridge project car- (c) TIME FOR FILING COMPLAINT.— tion with the same capacity, dimensions, and ried out only using State or other non-Fed- (1) IN GENERAL.—Each case or claim de- design as before the emergency; and eral funds shall be exempt from any environ- scribed in subsection (b) shall be filed not (2) shall be exempt from any environ- mental reviews, approvals, licensing, and later than the end of the 60-day period begin- mental reviews, approvals, licensing, and permit requirements under— ning on the date of the action or decision by permit requirements under— (1) the National Historic Preservation Act a Federal official that constitutes the cov- (A) the National Environmental Policy Act (16 U.S.C. 470 et seq.); ered energy project concerned. of 1969 (42 U.S.C. 4321 et seq.); (2) the Fish and Wildlife Coordination Act (2) PROHIBITION.—Any cause or claim de- (B) sections 402 and 404 of the Federal (16 U.S.C. 661 et seq.); scribed in subsection (b) that is not filed Water Pollution Control Act (33 U.S.C. 1342, (3) the Migratory Bird Treaty Act (16 within the time period described in para- 1344); U.S.C. 703 et seq.); graph (1) shall be barred. (C) the National Historic Preservation Act (4) the Wild and Scenic Rivers Act (16 (d) DISTRICT COURT FOR THE DISTRICT OF (16 U.S.C. 470 et seq.); U.S.C. 1271 et seq.); COLUMBIA DEADLINE.— (D) the Migratory Bird Treaty Act (16 (5) the Endangered Species Act of 1973 (16 (1) IN GENERAL.—Each proceeding that is U.S.C. 703 et seq.); U.S.C. 1531 et seq.), except when the recon- subject to subsection (b) shall— (E) the Wild and Scenic Rivers Act (16 struction occurs in designated critical habi- (A) be resolved as expeditiously as prac- U.S.C. 1271 et seq.); tat for threatened and endangered species; ticable and in any event not more than 180 (F) the Fish and Wildlife Coordination Act (6) sections 402 and 404 of the Federal days after the cause or claim is filed; and (16 U.S.C. 661 et seq.); Water Pollution Control Act (33 U.S.C. 1342, (B) take precedence over all other pending (G) the Endangered Species Act of 1973 (16 1344); matters before the district court. U.S.C. 1531 et seq.), except when the recon- (7) the National Environmental Policy Act (2) FAILURE TO COMPLY WITH DEADLINE.—If struction occurs in designated critical habi- of 1969 (42 U.S.C. 4321 et seq.); an interlocutory or final judgment, decree, tat for threatened and endangered species; (8) Executive Order 11990 (42 U.S.C. 4321 or order has not been issued by the district (H) Executive Order 11990 (42 U.S.C. 4321 note; relating to the protection of wetlands); court by the deadline required under this note; relating to the protection of wetlands); and section, the cause or claim shall be dis- and (9) any Federal law (including regulations) missed with prejudice and all rights relating (I) any Federal law (including regulations) requiring no net loss of wetlands. to the cause or claim shall be terminated. requiring no net loss of wetlands. (e) ABILITY TO SEEK APPELLATE REVIEW.— SA 1526. Mr. PAUL submitted an An interlocutory or final judgment, decree, SA 1524. Mr. PAUL submitted an amendment intended to be proposed by or order of the district court under this sec- amendment intended to be proposed by him to the bill S. 1813, to reauthorize tion may be reviewed by no other court ex- him to the bill S. 1813, to reauthorize Federal-aid highway and highway safe- cept the Supreme Court. Federal-aid highway and highway safe- ty construction programs, and for (f) DEADLINE FOR APPEAL TO THE SUPREME COURT.—If a writ of certiorari has been ty construction programs, and for other purposes; which was ordered to lie on the table; as follows: granted by the Supreme Court pursuant to other purposes; which was ordered to subsection (e), the interlocutory or final lie on the table; as follows: At the appropriate place, insert the fol- judgment, decree, or order of the district lowing: At the appropriate place, insert the fol- court shall be resolved as expeditiously as lowing: SEC. lll. EXEMPTION FROM REVIEW REQUIRE- practicable and in any event not more than MENTS. SEC. lll. EMERGENCY EXEMPTIONS. 180 days after the interlocutory or final judg- Notwithstanding any other provision of ment, decree, order of the district court is Notwithstanding any other provision of law, any request for an approval, such as a issued. law, with respect to any road, highway, or request for approval of a permit or license, bridge that is closed or is operating at re- relating to a transportation project under SA 1528. Mr. PAUL submitted an duced capacity because of safety reasons— any Federal law (including a regulation) that (1) the road, highway, or bridge may be re- is not approved or denied by the date that is amendment intended to be proposed by constructed in the same general location as 180 days after the date on which the request him to the bill S. 1813, to reauthorize before the disaster; and for the approval is submitted to the Sec- Federal-aid highway and highway safe- (2) such reconstruction shall be exempt retary or other appropriate Federal official ty construction programs, and for from any environmental reviews, approvals, shall be considered to be approved. other purposes; which was ordered to licensing, and permit requirements under— lie on the table; as follows: (A) the National Historic Preservation Act SA 1527. Mr. PAUL submitted an (16 U.S.C. 470 et seq.); At the appropriate place, insert the fol- amendment intended to be proposed by lowing: (B) the Fish and Wildlife Coordination Act him to the bill S. 1813, to reauthorize (16 U.S.C. 661 et seq.); SEC. lll. ENVIRONMENTAL IMPACT STATE- Federal-aid highway and highway safe- MENTS. (C) the Migratory Bird Treaty Act (16 ty construction programs, and for U.S.C. 703 et seq.); Title I of the National Environmental Pol- (D) the Wild and Scenic Rivers Act (16 other purposes; which was ordered to icy Act of 1969 (42 U.S.C. 4331 et seq.) is U.S.C. 1271 et seq.); lie on the table; as follows: amended by adding at the end the following: (E) the Endangered Species Act of 1973 (16 At the appropriate place, insert the fol- ‘‘SEC. 106. COMPLETION AND REVIEW OF ENVI- U.S.C. 1531 et seq.), except when the recon- lowing: RONMENTAL IMPACT STATEMENTS. struction occurs in designated critical habi- SEC. ll. JURISDICTION OVER COVERED EN- ‘‘(a) COMPLETION.— tat for threatened and endangered species; ERGY PROJECTS. ‘‘(1) IN GENERAL.—Notwithstanding any (F) sections 402 and 404 of the Federal (a) DEFINITION OF COVERED ENERGY other provision of law, each review carried Water Pollution Control Act (33 U.S.C. 1342, PROJECT.—In this section, the term ‘‘covered out under section 102(2)(C) with respect to 1344); energy project’’ means any action or deci- any action taken under any provision of law, (G) the National Environmental Policy Act sion by a Federal official regarding— or for which funds are made available under of 1969 (42 U.S.C. 4321 et seq.); (1) the leasing of Federal land (including any provision of law, shall be completed not (H) Executive Order 11990 (42 U.S.C. 4321 submerged land) for the exploration, devel- later than the date that is 180 days after the note; relating to the protection of wetlands); opment, production, processing, or trans- commencement of the review. and mission of oil, natural gas, or any other ‘‘(2) FAILURE TO COMPLETE REVIEW.—If a re- (I) any Federal law (including regulations) source or form of energy, including actions view described in paragraph (1) has not been requiring no net loss of wetlands. and decisions regarding the selection or of- completed for an action subject to section fering of Federal land for such leasing; or 102(2)(C) by the date specified in paragraph SA 1525. Mr. PAUL submitted an (2) any action under such a lease, except (1)— amendment intended to be proposed by that this section and Act shall not apply to ‘‘(A) the action shall be considered to have him to the bill S. 1813, to reauthorize a dispute between the parties to a lease en- no significant impact described in section tered into a provision of law authorizing the 102(2)(C); and Federal-aid highway and highway safe- lease regarding obligations under the lease ‘‘(B) that classification shall be considered ty construction programs, and for or the alleged breach of the lease. to be a final agency action. other purposes; which was ordered to (b) EXCLUSIVE JURISDICTION OVER CAUSES ‘‘(3) UNEMPLOYMENT RATE.—If the national lie on the table; as follows: AND CLAIMS RELATING TO COVERED ENERGY unemployment rate is 5 percent or more, the

VerDate Mar 15 2010 05:24 Jun 04, 2013 Jkt 099060 PO 00000 Frm 00146 Fmt 4624 Sfmt 0634 J:\CRONLINE\2000-THRU-2012-ONLINE-CORRECTIONS\2012 RECORD ONLINE CORREC bjneal on DSK2TWX8P1PROD with February 9, 2012 CONGRESSIONAL RECORD — SENATE S541 lead agency conducting a review of an action ‘‘§ 801. Congressional review deemed not to be approved and such rule under this section shall use the most expedi- ‘‘(a)(1)(A) Before a rule may take effect, shall not take effect. tious means authorized under this title to the Federal agency promulgating such rule ‘‘(c)(1) Notwithstanding any other provi- conduct the review. shall submit to each House of the Congress sion of this section (except subject to para- ‘‘(b) LEAD AGENCY.—The lead agency for a and to the Comptroller General a report con- graph (3)), a major rule may take effect for review of an action under this section shall taining— one 90-calendar-day period if the President be the Federal agency to which funds are ‘‘(i) a copy of the rule; makes a determination under paragraph (2) made available for the action. ‘‘(ii) a concise general statement relating and submits written notice of such deter- ‘‘(c) REVIEW.— to the rule; mination to the Congress. ‘‘(1) ADMINISTRATIVE APPEALS.—There shall ‘‘(iii) a classification of the rule as a major ‘‘(2) Paragraph (1) applies to a determina- be a single administrative appeal for each re- or nonmajor rule, including an explanation tion made by the President by Executive view carried out pursuant to section of the classification specifically addressing order that the major rule should take effect 102(2)(C). each criteria for a major rule contained because such rule is— ‘‘(2) JUDICIAL REVIEW.— within sections 804(2)(A), 804(2)(B), and ‘‘(A) necessary because of an imminent ‘‘(A) IN GENERAL.—On resolution of the ad- 804(2)(C); threat to health or safety or other emer- ministrative appeal, judicial review of the ‘‘(iv) a list of any other related regulatory gency; final agency decision after exhaustion of ad- actions intended to implement the same ‘‘(B) necessary for the enforcement of ministrative remedies shall lie with the statutory provision or regulatory objective criminal laws; United States Court of Appeals for the Dis- as well as the individual and aggregate eco- ‘‘(C) necessary for national security; or trict of Columbia Circuit. nomic effects of those actions; and ‘‘(D) issued pursuant to any statute imple- ‘‘(B) ADMINISTRATIVE RECORD.—An appeal ‘‘(v) the proposed effective date of the rule. menting an international trade agreement. to the court described in subparagraph (A) ‘‘(B) On the date of the submission of the ‘‘(3) An exercise by the President of the au- shall be based only on the administrative report under subparagraph (A), the Federal thority under this subsection shall have no record. agency promulgating the rule shall submit effect on the procedures under section 802. ‘‘(C) PENDENCY OF JUDICIAL REVIEW.—After to the Comptroller General and make avail- ‘‘(d)(1) In addition to the opportunity for an agency has made a final decision with re- able to each House of Congress— review otherwise provided under this chap- spect to a review carried out under this sub- ‘‘(i) a complete copy of the cost-benefit ter, in the case of any rule for which a report section, the decision shall be effective during analysis of the rule, if any; was submitted in accordance with subsection the course of any subsequent appeal to a ‘‘(ii) the agency’s actions pursuant to title (a)(1)(A) during the period beginning on the court described in subparagraph (A). 5 of the United States Code, sections 603, 604, date occurring— ‘‘(3) CIVIL ACTION.—Each civil action cov- 605, 607, and 609; ‘‘(A) in the case of the Senate, 60 session ered by this section shall be considered to ‘‘(iii) the agency’s actions pursuant to title days, or arise under the laws of the United States.’’. 2 of the United States Code, sections 1532, ‘‘(B) in the case of the House of Represent- 1533, 1534, and 1535; and atives, 60 legislative days, SA 1529. Mr. PAUL (for himself and ‘‘(iv) any other relevant information or re- before the date the Congress is scheduled to Mr. DEMINT) submitted an amendment quirements under any other Act and any rel- adjourn a session of Congress through the intended to be proposed by him to the evant Executive orders. date on which the same or succeeding Con- bill S. 1813, to reauthorize Federal-aid ‘‘(C) Upon receipt of a report submitted gress first convenes its next session, sections 802 and 803 shall apply to such rule in the highway and highway safety construc- under subparagraph (A), each House shall provide copies of the report to the chairman succeeding session of Congress. tion programs, and for other purposes; ‘‘(2)(A) In applying sections 802 and 803 for which was ordered to lie on the table; and ranking member of each standing com- mittee with jurisdiction under the rules of purposes of such additional review, a rule de- as follows: the House of Representatives or the Senate scribed under paragraph (1) shall be treated At the appropriate place, insert the fol- to report a bill to amend the provision of law as though— lowing: under which the rule is issued. ‘‘(i) such rule were published in the Federal Register on— TITLE V—REINS ACT ‘‘(2)(A) The Comptroller General shall pro- vide a report on each major rule to the com- ‘‘(I) in the case of the Senate, the 15th ses- SECTION 5001. SHORT TITLE. sion day, or This title may be cited as the ‘‘Regulations mittees of jurisdiction by the end of 15 cal- endar days after the submission or publica- ‘‘(II) in the case of the House of Represent- From the Executive in Need of Scrutiny Act atives, the 15th legislative day, of 2011’’ or the ‘‘REINS Act’’. tion date as provided in section 802(b)(2). The report of the Comptroller General shall in- after the succeeding session of Congress first SEC. 5002. FINDINGS AND PURPOSE. clude an assessment of the agency’s compli- convenes; and (a) FINDINGS.—Congress finds the fol- ance with procedural steps required by para- ‘‘(ii) a report on such rule were submitted lowing: graph (1)(B). to Congress under subsection (a)(1) on such (1) Section 1 of article I of the United ‘‘(B) Federal agencies shall cooperate with date. States Constitution grants all legislative the Comptroller General by providing infor- ‘‘(B) Nothing in this paragraph shall be powers to Congress. mation relevant to the Comptroller Gen- construed to affect the requirement under (2) Over time, Congress has excessively del- eral’s report under subparagraph (A). subsection (a)(1) that a report shall be sub- egated its constitutional charge while failing ‘‘(3) A major rule relating to a report sub- mitted to Congress before a rule can take ef- to conduct appropriate oversight and retain mitted under paragraph (1) shall take effect fect. accountability for the content of the laws it ‘‘(3) A rule described under paragraph (1) upon enactment of a joint resolution of ap- passes. shall take effect as otherwise provided by proval described in section 802 or as provided (3) By requiring a vote in Congress, this law (including other subsections of this sec- for in the rule following enactment of a joint Act will result in more carefully drafted and tion). resolution of approval described in section detailed legislation, an improved regulatory 802, whichever is later. ‘‘§ 802. Congressional approval procedure for process, and a legislative branch that is ‘‘(4) A nonmajor rule shall take effect as major rules truly accountable to the people of the United provided by section 803 after submission to ‘‘(a) For purposes of this section, the term States for the laws imposed upon them. Congress under paragraph (1). ‘joint resolution’ means only a joint resolu- (b) PURPOSE.—The purpose of this Act is to ‘‘(5) If a joint resolution of approval relat- tion introduced on or after the date on which increase accountability for and transparency ing to a major rule is not enacted within the the report referred to in section 801(a)(1)(A) in the Federal regulatory process. period provided in subsection (b)(2), then a is received by Congress (excluding days ei- SEC. 5003. CONGRESSIONAL REVIEW OF AGENCY joint resolution of approval relating to the ther House of Congress is adjourned for more RULEMAKING. same rule may not be considered under this than 3 days during a session of Congress), the Chapter 8 of title 5, United States Code, is chapter in the same Congress by either the matter after the resolving clause of which is amended to read as follows: House of Representatives or the Senate. as follows: ‘That Congress approves the rule ‘‘CHAPTER 8—CONGRESSIONAL REVIEW ‘‘(b)(1) A major rule shall not take effect submitted by the l l relating to l l.’ (The OF AGENCY RULEMAKING unless the Congress enacts a joint resolution blank spaces being appropriately filled in). ‘‘Sec. of approval described under section 802. ‘‘(1) In the House, the majority leader of ‘‘801. Congressional review. ‘‘(2) If a joint resolution described in sub- the House of Representatives (or his des- ‘‘802. Congressional approval procedure for section (a) is not enacted into law by the end ignee) and the minority leader of the House major rules. of 70 session days or legislative days, as ap- of Representatives (or his designee) shall in- ‘‘803. Congressional disapproval procedure plicable, beginning on the date on which the troduce such joint resolution described in for nonmajor rules. report referred to in section 801(a)(1)(A) is re- subsection (a) (by request), within 3 legisla- ‘‘804. Definitions. ceived by Congress (excluding days either tive days after Congress receives the report ‘‘805. Judicial review. House of Congress is adjourned for more than referred to in section 801(a)(1)(A). ‘‘806. Exemption for monetary policy. 3 days during a session of Congress), then the ‘‘(2) In the Senate, the majority leader of ‘‘807. Effective date of certain rules. rule described in that resolution shall be the Senate (or his designee) and the minority

VerDate Mar 15 2010 05:24 Jun 04, 2013 Jkt 099060 PO 00000 Frm 00147 Fmt 4624 Sfmt 0634 J:\CRONLINE\2000-THRU-2012-ONLINE-CORRECTIONS\2012 RECORD ONLINE CORREC bjneal on DSK2TWX8P1PROD with S542 CONGRESSIONAL RECORD — SENATE February 9, 2012 leader of the Senate (or his designee) shall lative day after the resolution is reported by ‘‘(b)(1) A joint resolution described in sub- introduce such joint resolution described in the committee or committees to which it section (a) shall be referred to the commit- subsection (a) (by request), within 3 session was referred, or after such committee or tees in each House of Congress with jurisdic- days after Congress receives the report re- committees have been discharged from fur- tion. ferred to in section 801(a)(1)(A). ther consideration of the resolution. ‘‘(2) For purposes of this section, the term ‘‘(b)(1) A joint resolution described in sub- ‘‘(2)(A) A motion in the House of Rep- ‘submission or publication date’ means the section (a) shall be referred to the commit- resentatives to proceed to the consideration later of the date on which— tees in each House of Congress with jurisdic- of a resolution shall be privileged and not de- ‘‘(A) the Congress receives the report sub- tion under the rules of the House of Rep- batable. An amendment to the motion shall mitted under section 801(a)(1); or resentatives or the Senate to report a bill to not be in order, nor shall it be in order to ‘‘(B) the nonmajor rule is published in the amend the provision of law under which the move to reconsider the vote by which the Federal Register, if so published. rule is issued. motion is agreed to or disagreed to. ‘‘(c) In the Senate, if the committee to ‘‘(2) For purposes of this section, the term ‘‘(B) Debate in the House of Representa- which is referred a joint resolution described ‘submission date’ means the date on which tives on a resolution shall be limited to not in subsection (a) has not reported such joint the Congress receives the report submitted more than two hours, which shall be divided resolution (or an identical joint resolution) under section 801(a)(1). equally between those favoring and those op- at the end of 15 session days after the date of ‘‘(c) In the Senate, if the committee or posing the resolution. A motion to further introduction of the joint resolution, such committees to which a joint resolution de- limit debate shall not be debatable. No committee may be discharged from further scribed in subsection (a) has been referred amendment to, or motion to recommit, the consideration of such joint resolution upon a have not reported it at the end of 15 session resolution shall be in order. It shall not be in petition supported in writing by 30 Members days after its introduction, such committee order to reconsider the vote by which a reso- of the Senate, and such joint resolution shall or committees shall be automatically dis- lution is agreed to or disagreed to. be placed on the calendar. charged from further consideration of the ‘‘(C) Motions to postpone, made in the ‘‘(d)(1) In the Senate, when the committee resolution and it shall be placed on the cal- House of Representatives with respect to the to which a joint resolution is referred has re- endar. A vote on final passage of the resolu- consideration of a resolution, and motions to ported, or when a committee is discharged tion shall be taken on or before the close of proceed to the consideration of other busi- (under subsection (c)) from further consider- the 15th session day after the resolution is ness, shall be decided without debate. ation of a joint resolution described in sub- reported by the committee or committees to ‘‘(D) All appeals from the decisions of the section (a), it is at any time thereafter in which it was referred, or after such com- Chair relating to the application of the Rules order (even though a previous motion to the mittee or committees have been discharged of the House of Representatives to the proce- same effect has been disagreed to) for a mo- from further consideration of the resolution. dure relating to a resolution shall be decided tion to proceed to the consideration of the ‘‘(d)(1) In the Senate, when the committee without debate. joint resolution, and all points of order or committees to which a joint resolution is ‘‘(f) If, before the passage by one House of against the joint resolution (and against a joint resolution of that House described in referred have reported, or when a committee consideration of the joint resolution) are subsection (a), that House receives from the or committees are discharged (under sub- waived. The motion is not subject to amend- other House a joint resolution described in section (c)) from further consideration of a ment, or to a motion to postpone, or to a subsection (a), then the following procedures joint resolution described in subsection (a), motion to proceed to the consideration of shall apply with respect to a joint resolution it is at any time thereafter in order (even other business. A motion to reconsider the described in subsection (a) of the House re- though a previous motion to the same effect vote by which the motion is agreed to or dis- ceiving the joint resolution— has been disagreed to) for a motion to pro- agreed to shall not be in order. If a motion ‘‘(1) the procedure in that House shall be to proceed to the consideration of the joint ceed to the consideration of the joint resolu- the same as if no joint resolution had been resolution is agreed to, the joint resolution tion, and all points of order against the joint received from the other House; but shall remain the unfinished business of the resolution (and against consideration of the ‘‘(2) the vote on final passage shall be on Senate until disposed of. joint resolution) are waived. The motion is the joint resolution of the other House. ‘‘(2) In the Senate, debate on the joint res- not subject to amendment, or to a motion to ‘‘(g) The enactment of a resolution of ap- olution, and on all debatable motions and ap- postpone, or to a motion to proceed to the proval does not serve as a grant or modifica- peals in connection therewith, shall be lim- consideration of other business. A motion to tion of statutory authority by Congress for ited to not more than 10 hours, which shall reconsider the vote by which the motion is the promulgation of a rule, does not extin- be divided equally between those favoring agreed to or disagreed to shall not be in guish or affect any claim, whether sub- and those opposing the joint resolution. A order. If a motion to proceed to the consider- stantive or procedural, against any alleged motion to further limit debate is in order ation of the joint resolution is agreed to, the defect in a rule, and shall not form part of and not debatable. An amendment to, or a joint resolution shall remain the unfinished the record before the court in any judicial motion to postpone, or a motion to proceed business of the Senate until disposed of. proceeding concerning a rule. to the consideration of other business, or a ‘‘(2) In the Senate, debate on the joint res- ‘‘(h) This section and section 803 are en- motion to recommit the joint resolution is olution, and on all debatable motions and ap- acted by Congress— not in order. peals in connection therewith, shall be lim- ‘‘(1) as an exercise of the rulemaking power ‘‘(3) In the Senate, immediately following ited to not more than 2 hours, which shall be of the Senate and House of Representatives, the conclusion of the debate on a joint reso- divided equally between those favoring and respectively, and as such it is deemed a part lution described in subsection (a), and a sin- those opposing the joint resolution. A mo- of the rules of each House, respectively, but gle quorum call at the conclusion of the de- tion to further limit debate is in order and applicable only with respect to the procedure bate if requested in accordance with the not debatable. An amendment to, or a mo- to be followed in that House in the case of a rules of the Senate, the vote on final passage tion to postpone, or a motion to proceed to joint resolution described in subsection (a), of the joint resolution shall occur. the consideration of other business, or a mo- and it supersedes other rules only to the ex- ‘‘(4) Appeals from the decisions of the tion to recommit the joint resolution is not tent that it is inconsistent with such rules; Chair relating to the application of the rules in order. and of the Senate to the procedure relating to a ‘‘(3) In the Senate, immediately following ‘‘(2) with full recognition of the constitu- joint resolution described in subsection (a) the conclusion of the debate on a joint reso- tional right of either House to change the shall be decided without debate. lution described in subsection (a), and a sin- ‘‘(e) In the Senate the procedure specified rules (so far as relating to the procedure of gle quorum call at the conclusion of the de- in subsection (c) or (d) shall not apply to the that House) at any time, in the same man- bate if requested in accordance with the consideration of a joint resolution respecting ner, and to the same extent as in the case of rules of the Senate, the vote on final passage a nonmajor rule— any other rule of that House. of the joint resolution shall occur. ‘‘(1) after the expiration of the 60 session ‘‘(4) Appeals from the decisions of the ‘‘§ 803. Congressional disapproval procedure days beginning with the applicable submis- Chair relating to the application of the rules for nonmajor rules sion or publication date, or of the Senate to the procedure relating to a ‘‘(a) For purposes of this section, the term ‘‘(2) if the report under section 801(a)(1)(A) joint resolution described in subsection (a) ‘joint resolution’ means only a joint resolu- was submitted during the period referred to shall be decided without debate. tion introduced in the period beginning on in section 801(d)(1), after the expiration of ‘‘(e)(1) In the House of Representatives, if the date on which the report referred to in the 60 session days beginning on the 15th ses- the committee or committees to which a section 801(a)(1)(A) is received by Congress sion day after the succeeding session of Con- joint resolution described in subsection (a) and ending 60 days thereafter (excluding gress first convenes. has been referred have not reported it at the days either House of Congress is adjourned ‘‘(f) If, before the passage by one House of end of 15 legislative days after its introduc- for more than 3 days during a session of Con- a joint resolution of that House described in tion, such committee or committees shall be gress), the matter after the resolving clause subsection (a), that House receives from the automatically discharged from further con- of which is as follows: ‘That Congress dis- other House a joint resolution described in sideration of the resolution and it shall be approves the nonmajor rule submitted by the subsection (a), then the following procedures placed on the appropriate calendar. A vote l l relating to l l, and such rule shall shall apply: on final passage of the resolution shall be have no force or effect.’ (The blank spaces ‘‘(1) The joint resolution of the other taken on or before the close of the 15th legis- being appropriately filled in). House shall not be referred to a committee.

VerDate Mar 15 2010 05:24 Jun 04, 2013 Jkt 099060 PO 00000 Frm 00148 Fmt 4624 Sfmt 0634 J:\CRONLINE\2000-THRU-2012-ONLINE-CORRECTIONS\2012 RECORD ONLINE CORREC bjneal on DSK2TWX8P1PROD with February 9, 2012 CONGRESSIONAL RECORD — SENATE S543 ‘‘(2) With respect to a joint resolution de- Federal-aid highway and highway safe- tion programs, and for other purposes; scribed in subsection (a) of the House receiv- ty construction programs, and for which was ordered to lie on the table; ing the joint resolution— other purposes; which was ordered to as follows: ‘‘(A) the procedure in that House shall be lie on the table; as follows: At the end of subtitle E of title I of divi- the same as if no joint resolution had been sion A, add the following: received from the other House; but At the appropriate place, add the fol- ‘‘(B) the vote on final passage shall be on lowing: SEC. llll. PAY-TO-PLAY REFORM. the joint resolution of the other House. SEC. lll. NATIONAL HIGHWAY PERFORMANCE Section 112 of title 23, United States Code, PROGRAM; DEFICIT REDUCTION. is amended by adding at the end the fol- ‘‘§ 804. Definitions (a) Of the amounts made available under lowing: ‘‘For purposes of this chapter— titles II through VI of division I of the Con- ‘‘(h) PAY-TO-PLAY REFORM.—A State trans- ‘‘(1) the term ‘Federal agency’ means any solidated Appropriations Act, 2012 (Public portation department shall not be considered agency as that term is defined in section Law 112–74; 125 Stat. 786), $14,677,000,000 are to have violated a requirement of this sec- 551(1); rescinded and transferred to the general fund tion solely because the State in which that ‘‘(2) the term ‘major rule’ means any rule, of the Treasury and used for deficit reduc- State transportation department is located, including an interim final rule, that the Ad- tion. or a local government within that State, has ministrator of the Office of Information and (b) The authorization of appropriations to in effect a law or an order that limits the Regulatory Affairs of the Office of Manage- carry out the national highway performance amount of money an individual or entity ment and Budget finds has resulted in or is program under section 119 of title 23, United that is doing business with a State or local likely to result in— States Code (as amended by section 1106) is agency with respect to a Federal-aid high- ‘‘(A) an annual effect on the economy of increased by $7,338,000,000. way project may contribute to a political $100,000,000 or more; (c) The total amount specified in sub- party, campaign, candidate, or elected offi- ‘‘(B) a major increase in costs or prices for section (a) shall be derived from an amount cial.’’. consumers, individual industries, Federal, rescinded from programs and projects for f State, or local government agencies, or geo- which funds are made available under titles graphic regions; or II through VI of division I of the Consoli- NOTICE OF HEARING ‘‘(C) significant adverse effects on competi- dated Appropriations Act, 2012 (Public Law COMMITTEE ON ENERGY AND NATURAL tion, employment, investment, productivity, 112–74; 125 Stat. 786), as determined, for each RESOURCES innovation, or on the ability of United such program or project, by the Secretary of Mr. BINGAMAN. Mr. President, I States-based enterprises to compete with State or the head of any other agency having foreign-based enterprises in domestic and ex- administrative authority over the program would like to announce for the infor- port markets; or project. mation of the Senate and the public ‘‘(3) the term ‘nonmajor rule’ means any that a field hearing has been scheduled rule that is not a major rule; and SA 1531. Mr. PAUL submitted an before the Subcommittee on Water and ‘‘(4) the term ‘rule’ has the meaning given amendment intended to be proposed by Power of the Committee on Energy and such term in section 551, except that such him to the bill S. 1813, to reauthorize Natural Resources. The hearing will be term does not include— Federal-aid highway and highway safe- held on Monday, March 12, 2012, at 2 ‘‘(A) any rule of particular applicability, including a rule that approves or prescribes ty construction programs, and for p.m., at the U.S. Naval Station, Nor- for the future rates, wages, prices, services, other purposes; which was ordered to folk, Virginia. or allowances therefore, corporate or finan- lie on the table; as follows: The purpose of the hearing is to re- cial structures, reorganizations, mergers, or At the appropriate place, insert the fol- ceive testimony on specific energy and acquisitions thereof, or accounting practices lowing: water policies and programs that the or disclosures bearing on any of the fore- SEC. ll. PROHIBITION ON FOREIGN ASSIST- U.S. Department of Navy is imple- going; ANCE TO EGYPT. menting as it pertains to its operations ‘‘(B) any rule relating to agency manage- Beginning 30 days after the date of the en- and facilities. ment or personnel; or actment of this Act, no amounts may be ob- Because of the limited time available ‘‘(C) any rule of agency organization, pro- ligated or expended to provide any direct cedure, or practice that does not substan- United States assistance to the Government for the hearing, witnesses may testify tially affect the rights or obligations of non- of Egypt unless the President certifies to by invitation only. However, those agency parties. Congress that the Government of Egypt is wishing to submit written testimony ‘‘§ 805. Judicial review not holding, detaining, prosecuting, for the hearing record should send it to harassing, or preventing the exit from Egypt ‘‘(a) No determination, finding, action, or the Committee on Energy and Natural of any person working for a nongovern- omission under this chapter shall be subject Resources, United States Senate, mental organization supported by the United to judicial review. Washington, DC 20510–6150, or by email States Government, and that the Govern- ‘‘(b) Notwithstanding subsection (a), a to [email protected]. ment of Egypt is not holding any property of court may determine whether a Federal any such nongovernmental organization. For further information, please con- agency has completed the necessary require- tact Jonathan Black at (202) 224–6722 or ments under this chapter for a rule to take Mr. PAUL (for himself, Mr. Meagan Gins at (202) 224–0883. effect. SA 1532. VITTER, and Mr. ALEXANDER) submitted f ‘‘§ 806. Exemption for monetary policy an amendment intended to be proposed ‘‘Nothing in this chapter shall apply to AUTHORITY FOR COMMITTEES TO by him to the bill S. 1813, to reauthor- MEET rules that concern monetary policy proposed ize Federal-aid highway and highway or implemented by the Board of Governors of safety construction programs, and for COMMITTEE ON ARMED SERVICES the Federal Reserve System or the Federal Mrs. BOXER. Mr. President, I ask Open Market Committee. other purposes; which was ordered to lie on the table; as follows: unanimous consent that the Com- ‘‘§ 807. Effective date of certain rules mittee on Armed Services be author- ‘‘Notwithstanding section 801— At the appropriate place, insert the fol- lowing: ized to meet during the session of the ‘‘(1) any rule that establishes, modifies, Senate on February 9, 2012, at 9:30 a.m. opens, closes, or conducts a regulatory pro- SEC. ll. NONAPPLICATION OF DAVIS-BACON. gram for a commercial, recreational, or sub- None of the funds made available under The PRESIDING OFFICER. Without sistence activity related to hunting, fishing, this Act (or an amendment made by this objection, it is so ordered. or camping; or Act) may be used to administer or enforce COMMITTEE ON BANKING, HOUSING, AND URBAN ‘‘(2) any rule other than a major rule which the wage-rate requirements of subchapter IV AFFAIRS an agency for good cause finds (and incor- of chapter 31 of part A of subtitle II of title Mrs. BOXER. Mr. President, I ask porates the finding and a brief statement of 40, United States Code (commonly referred unanimous consent that the Com- reasons therefore in the rule issued) that no- to as the ‘‘Davis-Bacon Act’’) with respect to any project or program funded under this mittee on Banking, Housing, and tice and public procedure thereon are im- Urban Affairs be authorized to meet practicable, unnecessary, or contrary to the Act (or amendment). public interest, during the session of the Senate on shall take effect at such time as the Federal SA 1533. Mr. MENENDEZ (for him- February 9, 2012, at 10 a.m., to conduct agency promulgating the rule determines.’’. self, Mr. KIRK, Mr. DURBIN, and Mr. a Committee hearing entitled ‘‘State of LAUTENBERG) submitted an amendment the Housing Market: Removing Bar- SA 1530. Mr. PAUL submitted an intended to be proposed by him to the riers to Economic Recovery.’’ amendment intended to be proposed by bill S. 1813, to reauthorize Federal-aid The PRESIDING OFFICER. Without him to the bill S. 1813, to reauthorize highway and highway safety construc- objection, it is so ordered.

VerDate Mar 15 2010 05:24 Jun 04, 2013 Jkt 099060 PO 00000 Frm 00149 Fmt 4624 Sfmt 0634 J:\CRONLINE\2000-THRU-2012-ONLINE-CORRECTIONS\2012 RECORD ONLINE CORREC bjneal on DSK2TWX8P1PROD with S544 CONGRESSIONAL RECORD — SENATE February 9, 2012 COMMITTEE ON INDIAN AFFAIRS Mr. REID. I ask unanimous consent Whereas school counselors are one of the Mrs. BOXER. Mr. President, I ask that on February 13, 2012, at 4:30 p.m., few professionals in a school building who unanimous consent that the Com- the Senate proceed to executive session are trained in both education and mental- mittee on Indian Affairs be authorized to consider Calendar No. 437; that there health matters; Whereas the roles and responsibilities of to meet during the session of the Sen- be an hour of debate equally divided in school counselors are often misunderstood; ate, on February 9, 2012, at 2:15 p.m. in the usual form prior to the vote; fur- Whereas the school-counselor position is room 628 of the Dirksen Senate Office ther, that the mandatory quorum often among the first to be eliminated to Building. under rule XXII be waived. meet budgetary constraints; The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without Whereas the national average ratio of stu- objection, it is so ordered. objection, it is so ordered. dents to school counselors of 459 to 1 is al- most twice that of the ratio of 250 to 1 rec- COMMITTEE ON THE JUDICIARY f ommended by the American School Coun- Mrs. BOXER. Mr. President, I ask LEGISLATIVE SESSION selor Association, the American Counseling unanimous consent that the Com- Mr. REID. I now ask unanimous con- Association, the National Association for mittee on the Judiciary be authorized College Admission Counseling, and other or- to meet during the session of the Sen- sent we resume legislative session. ganizations; and ate, on February 9, 2012, at 10 a.m., in The PRESIDING OFFICER. Without Whereas the celebration of National SD–226 of the Dirksen Senate Office objection, it is so ordered. School Counseling Week would increase Building, to conduct an executive busi- f awareness of the important and necessary ness meeting. role school counselors play in the lives of NATIONAL SCHOOL COUNSELING students in the United States: Now, there- The PRESIDING OFFICER. Without WEEK fore, be it objection, it is so ordered. Mr. REID. Mr. President, I ask unan- Resolved, That the Senate— COMMITTEE ON NATURAL RESOURCES imous consent we proceed to S. Res. (1) designates the week of February 6 Mrs. BOXER. Mr. President, I ask 371. through 10, 2012, as ‘‘National School Coun- seling Week’’; and unanimous consent that the Com- The PRESIDING OFFICER. The mittee on Energy and Natural Re- (2) encourages the people of the United clerk will report the resolution by States to observe the week with appropriate sources be authorized to meet during title. ceremonies and activities that promote the session of the Senate on February The assistant legislative clerk read awareness of the role school counselors play 9, 2012, at 9:30 a.m., in room 366 of the as follows: in the school and the community at large in Dirksen Senate Office Building. A resolution (S. Res. 371) designating the preparing students for fulfilling lives as con- The PRESIDING OFFICER. Without week of February 6 through 10, 2012, as ‘‘Na- tributing members of society. objection, it is so ordered. tional School Counseling Week.’’ f SELECT COMMITTEE ON INTELLIGENCE There being no objection, the Senate ORDERS FOR MONDAY, FEBRUARY Mrs. BOXER. Mr. President, I ask proceeded to consider the resolution. 13, 2012 unanimous consent that the Select Mr. REID. I ask unanimous consent Mr. REID. Mr. President, I ask unan- Committee on Intelligence be author- the resolution be agreed to, the pre- imous consent that the Senate adjourn ized to meet during the session of the amble be agreed to, the motions to re- until 2 p.m. on Monday, February 13, Senate on February 9, 2012, at 2:30 p.m. consider be laid on the table, with no 2012; that following the prayer and The PRESIDING OFFICER. Without intervening action or debate, and any pledge, the Journal of proceedings be objection, it is so ordered. statements be printed in the RECORD. approved to date, the morning hour be f The PRESIDING OFFICER. Without objection, it is so ordered. deemed expired, and the time for the EXECUTIVE SESSION The resolution (S. Res. 371) was two leaders be reserved for their use agreed to. later in the day; that following any The preamble was agreed to. leader remarks, the Senate be in a pe- EXECUTIVE CALENDAR The resolution, with its preamble, riod of morning business until 4:30 Mr. REID. Mr. President, I ask that reads as follows: p.m., with Senators permitted to speak we proceed to executive session to con- S. RES. 371 therein up to 10 minutes each; and that sider Calendar No. 437. Whereas the American School Counselor following morning business, the Senate The PRESIDING OFFICER. Without Association has designated the week of Feb- proceed to executive session under the objection, it is so ordered. The clerk ruary 6 through 10, 2012, as ‘‘National School previous order. will report the nomination. Counseling Week’’; The PRESIDING OFFICER. Without The assistant legislative clerk read Whereas the importance of school coun- objection, it is so ordered. the nomination of Adalberto Jose Jor- seling has been recognized through the inclu- f dan, of Florida, to be United States sion of elementary- and secondary-school PROGRAM Circuit Judge for the Eleventh Circuit. counseling programs in amendments to the Elementary and Secondary Education Act of Mr. REID. Mr. President, the next CLOTURE MOTION 1965 (20 U.S.C. 6301 et seq.); rollcall vote will be at 5:30 p.m. on Mr. REID. I send a cloture motion to Whereas school counselors have long advo- Monday on the motion to invoke clo- the desk. cated that the education system of the ture on the Jordan nomination. The PRESIDING OFFICER. The clo- United States must provide equitable oppor- ture motion having been presented tunities for all students; f under rule XXII, the Chair directs the Whereas personal and social growth results ADJOURNMENT UNTIL MONDAY, in increased academic achievement; clerk to read the motion. Whereas school counselors help develop FEBRUARY 13, 2012, AT 2 P.M. CLOTURE MOTION well-rounded students by guiding the stu- Mr. REID. Mr. President, if there is We, the undersigned Senators, in accord- dents through academic, personal, social, no further business to come before the ance with the provisions of rule XXII of the and career development; Senate, I ask unanimous consent that Standing Rules of the Senate, hereby move Whereas school counselors assist with and it adjourn under the previous order. to bring to a close the debate on the nomina- coordinate efforts to foster a positive school There being no objection, the Senate, tion of Adalberto Jose Jordan, of Florida, to culture resulting in a safer learning environ- be United States Circuit Judge for the Elev- ment for all students; at 6:33 p.m, adjourned until Monday, enth Circuit: Whereas school counselors have been in- February 13, 2012, at 2 p.m. Harry Reid, Joe Manchin III, Sherrod strumental in helping students, teachers, f Brown, Tom Udall, Patty Murray, and parents deal with personal trauma as Mark Begich, Herb Kohl, Bill Nelson, well as tragedies in the community and the CONFIRMATION Frank R. Lautenberg, Jeanne Shaheen, United States; Executive nomination confirmed by Richard Blumenthal, Benjamin L. Whereas students face myriad challenges the Senate February 9, 2012: Cardin, Chris Coons, Dianne Feinstein, every day, including peer pressure, depres- THE JUDICIARY Patrick J. Leahy, Richard J. Durbin, sion, the deployment of family members to CATHY ANN BENCIVENGO, OF CALIFORNIA, TO BE Joseph I. Lieberman, Charles E. Schu- serve in conflicts overseas, and school vio- UNITED STATES DISTRICT JUDGE FOR THE SOUTHERN mer. lence; DISTRICT OF CALIFORNIA.

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RECOGNIZING MS. BEATRICE tors of the New York Botanical Garden. Not IN RECOGNITION OF THE ACHIEVE- IVORY only has her work brought much needed MENTS OF CHRISTOPHER CAN- green space to our neighborhoods but, as NING HON. BENNIE G. THOMPSON President of New York City Community Gar- OF MISSISSIPPI dens, she has fought for the protection and HON. AARON SCHOCK preservation of existing community gardens. IN THE HOUSE OF REPRESENTATIVES OF ILLINOIS As a Just Food board member and trainer, IN THE HOUSE OF REPRESENTATIVES Thursday, February 9, 2012 Ms. Washington also leads workshops on food Mr. THOMPSON of Mississippi. Mr. Speak- growing and food justice for community gar- Thursday, February 9, 2012 er, I rise to honor a longtime healthcare pro- deners throughout the city. She has also Mr. SCHOCK. Mr. Speaker, I rise today in vider, Ms. Beatrice Ivory. She is the daughter worked to increase access to fresh fruits and recognition of an exceptional young person of T.J. and Martha Ivory and is the mother of vegetables in the Bronx that are grown in our whose character and accomplishments during Kayla Beatrice Ivory, an Industrial and System community gardens. his short life of 15 years merit commendation. Engineering major at Mississippi State Univer- Ms. Washington is the Co-Founder of Black Chris Canning was an honor student, musi- sity. Urban Growers, an organization of agricultural cian, athlete, humanitarian, and elite martial Ms. Beatrice graduated from Henry Weather volunteers committed to building networks and artist. High School in Rolling Fork, MS in 1974. After support for growers in both urban and rural In addition to achieving the status of First working for 13 years with mentally challenged settings. Ms. Washington has achieved these Degree Black Belt in Taekwondo in only 4 patients at Mississippi Christian Family serv- impressive accomplishments while working years and playing baseball, basketball and ice, she aspired to continue her education. In professionally as a physical therapist for over football for his high school, Chris found time to 1990, she received her LPN license from 30 years. volunteer in his community of Maroa, Illinois, Hinds Community College along with special- Mr. Speaker, Ms. Washington’s work in cre- delivering food and clothing to those in need ties in Intravenous certification (IV) and Emer- ating green space in urban areas and in advo- and working in an animal shelter. gency Medical Technical License (EMT). cating for food equity has touched thousands Chris has been honored for his service to Since receiving her LPN, she has worked with of lives throughout New York City. Our com- others and excellence in martial arts by the Skarkey-Issaquena Community Hospital munities are stronger and more vibrant due to United Nations Youth Assembly, the World (SICH), Heritage Manor Nursing Home, Delta Ms. Washington’s unwavering dedication. Mr. Martial Arts Hall of Fame, the United States Regional Medical Center, and Continue Care Speaker, I ask that my colleagues join me in Olympic Committee, and the USA Taekwondo Home Health Agency. paying tribute to a woman of excellence, who Martial Arts Commission, among many others. Ms. Beatrice is a member of the Pleasant aspires to make her community stronger, Ms. Despite all of these accolades, the qualities Valley M.B. Church where she is an usher and Karen Washington. that Chris’s family and friends most associate Sunday school teacher. She is also currently with him were humility and a commitment to serving as Treasurer of the South Delta f service above self. His pursuit in each of life’s School District Parent Teacher Organization. endeavors, in and out of the martial arts, was Mr. Speaker, I ask you and my colleagues SEQUESTRATION WEAKENS OUR to give more than he received, not to gain to join me in commending Ms. Beatrice Ivory NATIONAL SECURITY praise or honor, but to share achievement with for her services as a healthcare provider and others and to set aside his own desires in public servant to the State of Mississippi. HON. JOE WILSON order to help those less fortunate. His greatest f satisfaction came from being there when OF SOUTH CAROLINA needed and making a difference. HONORING KAREN WASHINGTON, IN THE HOUSE OF REPRESENTATIVES He was a sincere friend and loving son, and PRESIDENT OF THE NEW YORK Thursday, February 9, 2012 he is missed by all who knew him. His legacy CITY COMMUNITY GARDEN COA- lives on through the Chris Canning Foundation LITION Mr. WILSON of South Carolina. Mr. Speak- and Awards Program, which has been given er, this Nation currently faces a clear and to 77 youths from around the world who ex- HON. JOSE´ E. SERRANO present danger to our national security that emplify the strength of character and excel- this body has the ability to defeat: Defense OF NEW YORK lence that Chris possessed. Sequestration. This is an issue that we must IN THE HOUSE OF REPRESENTATIVES It is my honor to recognize the legacy of this address sooner rather than later. Senator exceptional young man from Central Illinois Thursday, February 9, 2012 JOHN MCCAIN recently stated, ‘‘I believe the today. cuts that would be required by sequestration Mr. SERRANO. Mr. Speaker, in honor of f Black History Month 2012, I rise today to rec- aimed at the Department of Defense are a ognize a community leader from the Bronx threat to our Nation’s security. We still live in HONORING JAMES ‘‘JIM’’ SCHRANZ whom I deeply respect, Ms. Karen Wash- a very dangerous world and everyone agrees ington. that this kind of sequestration cannot take HON. RALPH M. HALL place.’’ Karen Washington was born and raised in OF TEXAS House and Senate Republicans are deter- New York City and has resided in the Bronx IN THE HOUSE OF REPRESENTATIVES for more than a quarter century. She attended mined to prevent sequestration from occurring. Hunter College, CUNY where she graduated Slashing the Army by 80,000 troops, cutting Thursday, February 9, 2012 Magna Cum Laude, with her Bachelor’s in 20,000 Marines, and reducing 10,000 Air Mr. HALL. Mr. Speaker, I rise today to Health Sciences. She then attended New York Force personnel is risky. The United States honor James ‘‘Jim’’ Schranz for his tireless ef- University where she earned her Master’s De- does not have the luxury of choosing our en- forts to promote and expand retirement secu- gree in Occupational Biomechanics and emies or deciding if we will be attacked. Our rity for all Americans. Jim has played an inte- Ergonomics. Since 1985, Ms. Washington has military must be properly funded, equipped gral role in the formation of the Employee- worked to improve the quality of life in the and prepared to protect our families from ex- owned S Corporations of America (ESCA) and Bronx as a community activist. tremists who carry signs calling for ‘‘Death to will soon be stepping down from his role as Ms. Washington works with residents of the America.’’ the founding Treasurer to fully enjoy his retire- Bronx to turn empty lots into accessible green In conclusion, God Bless our troops and we ment with his wife Nancy. spaces through her work as a community gar- will never forget September 11th in the Global After earning his MBA from the Cox School dener and as a member of the Board of Direc- War on Terrorism. of Business at Southern Methodist University,

∑ 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 04:39 Feb 10, 2012 Jkt 019060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\A09FE8.001 E09FEPT1 smartinez on DSK6TPTVN1PROD with REMARKS E168 CONGRESSIONAL RECORD — Extensions of Remarks February 9, 2012 Jim began working at Austin Industries, rising CELEBRATING THE SESQUI- HONORING CARY M. MAGUIRE to Vice President of Human Resources. In CENTENNIAL OF SAN RAFAEL 1998, he took on the role of Treasurer with CITY SCHOOLS HON. RALPH M. HALL ESCA where he used his knowledge of this OF TEXAS important and unique retirement savings vehi- HON. LYNN C. WOOLSEY IN THE HOUSE OF REPRESENTATIVES cle to help protect and expand it to other busi- Thursday, February 9, 2012 nesses across Texas and the United States. OF CALIFORNIA Through ESCA’s efforts, Members of Con- IN THE HOUSE OF REPRESENTATIVES Mr. HALL. Mr. Speaker, I rise today in rec- gress have become better educated about re- Thursday, February 9, 2012 ognition of Cary M. Maguire, a fellow Texan tirement savings benefits created by private, who exemplifies fortitude, American entrepre- employee-owned companies for their em- Ms. WOOLSEY. Mr. Speaker, I rise today to neurship, and community service. ployee-owners. Jim has been instrumental in honor the 150th anniversary of San Rafael Over the past twenty years, Cary’s strength the fight to prevent inadvertent harm to S cor- City Schools, an institution with a long and of character was tested and proven as he poration Employee Share Ownership Plans proud legacy of service to the young people of fought for justice in a property rights dispute (ESOPs), particularly in the days of pension Marin County. San Rafael City Schools dates against the Houston, Texas city government. reform. His retirement is well-deserved. almost to the foundation of our county itself, Despite being dealt a bad hand, court after and its history reminds us of the powerful role court, Cary never surrendered. He showed Mr. Speaker and colleagues, please join me our system of public education has played in courage and faith that justice would prevail, in honoring Jim Schranz and wishing him all shaping the character and direction of our and his perseverance was ultimately re- the best as he retires. communities. warded. The first of the San Rafael City Schools— Cary is the founder, Chair, and President of f the fourth public school in the county—was the Dallas-based Maguire Oil Company and opened in San Rafael in 1861, just over a Maguire Energy Company. In 1991, Cary’s RECOGNIZING THE NATIONAL SA- decade after Marin County was founded and company was given a permit by the city of LUTE TO VETERAN PATIENTS California was admitted into the Union. In a Houston to drill near the banks of Lake Hous- AND HONORING THE JESSE city numbering only several hundred residents, ton. However, when his crew began the BROWN AND HINES VETERANS this first school counted 25 students in its first project a city officer patrolling the area AFFAIRS HOSPITALS year, and it remained the city’s only public stopped the team, citing a city ordinance that school for 26 years. prohibited drilling within 1,000 feet of the As San Rafael began to assume its role as shore. The city revoked Maguire Oil’s permit, HON. MIKE QUIGLEY Marin County’s population center, the school and a lengthy court battle began. OF ILLINOIS system expanded rapidly to meet new de- The case was shuffled around for fourteen mand. A second elementary school was years as courts argued over jurisdiction and IN THE HOUSE OF REPRESENTATIVES added in 1887, and in 1888 the county’s first how to proceed. In 2009, a Harris County Thursday, February 9, 2012 high school, which expanded further in 1899. court-at-law awarded Maguire $2 million in New elementary schools were added again in damages, plus $2.2 million in interest. The Mr. QUIGLEY. Mr. Speaker, I rise today to 1904 and 1909, followed by an even more in- City appealed this ruling before agreeing on a recognize the week in which we celebrate the tense series of construction projects mid-cen- settlement, settling a lawsuit that spanned two National Salute to Veteran Patients which be- tury, eventually numbering over a dozen new, trials, four appeals and the administrations of gins February 12th. expanded, or retrofitted facilities. Today, 12 four mayors. While acknowledging that the amount spent The United States Department of Veterans schools serve San Rafael’s nearly 6,000 stu- in legal fees exceeded the amount of the set- Affairs annually observes the week of Feb- dents, including separate districts for K–8 and tlement, Cary stated that he continued the ruary 14th as our Nation’s National Salute to high school education. case because he thought it was important to Veteran Patients. This week is our opportunity Since its founding, San Rafael City Schools defend the principle that while government has to honor the more than 98,000 veterans who has been an anchor for local families. It has the right to take property for the public good, are cared for day-in and day-out by our Na- played an integral role in the strength and suc- it does not have the right to do so without tion’s Veterans Affairs hospitals, outpatient cess of San Rafael and Marin County, sending compensating the property owner. clinics, and nursing homes. generations of Marin young people into the world with the preparation necessary to tackle Cary proceeded to donate the settlement Our Nation’s veterans have sacrificed much our country’s challenges. More recently, the money to found the Center for Ethics and to ensure the safety of our homeland. Their special role of San Rafael City Schools has Public Responsibility that bears his name at service oftentimes comes at a price to their been recognized in the bond measures city Southern Methodist University (SMU) in Dal- own personal well-being. When our service- voters have supported to support extensive in- las, Texas, where he serves as Trustee Emer- men and women are injured, our Veterans Af- frastructure modernization projects. itus in recognition for his outstanding service fairs hospitals provide vital services that help to the University as a member of the Board of Mr. Speaker, I ask you to join me in cele- them heal and return to life in our commu- Trustees from 1976 to 2000. brating the sesquicentennial of San Rafael nities. This week serves as a reminder to In addition to his founding grant to create City Schools. This is an institution that rep- thank our veterans for their service to our the Maguire Center for Ethics and Public Re- resents the democratic promise of public edu- country while also commending those who sponsibility, Cary also endowed a university- cation to empower every individual, and in so wide professorship in ethics at SMU. He has treat them with medical care. doing foster and uplift an entire community. provided additional funds for programs and fa- I would also like to recognize the Veterans cilities in SMU’s Edwin L. Cox School of Busi- Affairs hospitals that serve the servicemen f ness, including the Maguire Energy Institute, and women of Illinois’s 5th District and the the Maguire Chair in oil and gas management, surrounding areas. The Jesse Brown Veteran PERSONAL EXPLANATION and the Maguire Building housing under- Affairs Medical Center and the Edward Hines, graduate programs in the Cox School. Jr. Veteran Affairs Hospital admirably serve HON. MIKE McINTYRE In 1995 he and his wife, Ann, were among our veterans throughout the City of Chicago OF NORTH CAROLINA the first recipients of SMU’s Mustang Award as well as into other parts of Illinois and Indi- IN THE HOUSE OF REPRESENTATIVES honoring individuals whose longtime service ana. With more than one million outpatient vis- and philanthropy have had a lasting impact on Thursday, February 9, 2012 its between the two hospitals in a single year, the University. the doctors, nurses and staff of both Jesse Mr. MCINTYRE. Mr. Speaker, an unavoid- His national leadership positions include Brown and Edward Hines, Jr. are to be com- able conflict required that I miss roll call #45, service on The National Petroleum Council, mended for the care that they provide to our the Alexander Amendment No. 2 to H.R. the Executive Committee of Mid-Continental veterans. 3521, the Expedited Legislative Line-Item Veto Oil and Gas Association, and membership of Mr. Speaker, I ask my colleagues to join me and Rescissions Act of 2011. Had I been the Madison Council of the Library of Con- in honoring our Nation’s veterans during this present, I would have voted in support of this gress, where he funded the Maguire Chair in National Salute to Veteran Patients week. amendment. Ethics and American History.

VerDate Mar 15 2010 04:39 Feb 10, 2012 Jkt 019060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\K09FE8.002 E09FEPT1 smartinez on DSK6TPTVN1PROD with REMARKS February 9, 2012 CONGRESSIONAL RECORD — Extensions of Remarks E169 Mr. Speaker, Cary Maguire’s professional HONORING CARL E. HEASTIE, HONORING THE LIFE OF LT. and philanthropic contributions will have a last- MEMBER OF THE NEW YORK COLONEL JOHN JOSEPH MURRAY ing value not only in the great State of Texas, STATE ASSEMBLY AND CHAIR- but our nation. He embodies many out- MAN OF THE BRONX DEMO- HON. RALPH M. HALL standing qualities that define the American CRATIC COUNTY COMMITTEE OF TEXAS spirit. As we adjourn the House of Represent- IN THE HOUSE OF REPRESENTATIVES atives today, let us do so in appreciation of Thursday, February 9, 2012 this American leader, Mr. Cary Maguire. HON. JOSE´ E. SERRANO Mr. HALL. Mr. Speaker, I rise today to OF NEW YORK honor the life of Lieutenant Colonel John Jo- f IN THE HOUSE OF REPRESENTATIVES seph Murray, an American patriot, community PERSONAL EXPLANATION leader, devoted father and grandfather, and a Thursday, February 9, 2012 dear friend of mine for many years, who passed away on January 30, 2012 at the age HON. BILLY LONG Mr. SERRANO. Mr. Speaker, in honor of of 90. Black History Month 2012, I rise today to rec- John was born in Brooklyn, New York on OF MISSOURI ognize a lawmaker from the Bronx whom I ad- January 6, 1922 to Joseph Murray and Mad- mire greatly, the Honorable Carl E. Heastie. IN THE HOUSE OF REPRESENTATIVES eline Cassidy. After graduating from high Carl E. Heastie has been Assemblyman for school in 1939, he began his military career in Thursday, February 9, 2012 the 83rd Assembly District in the Bronx since 1942—a career that would span nearly a quar- 2000. Since he became an Assemblyman, he ter of a century. John served as an officer in Mr. LONG. Madam Speaker, on rollcall No. has been recognized by his colleagues as the United States Air Force before retiring in 46, I did vote ‘‘yes’’ and checked the mon- being one of the most active members in Al- 1968 as a Lieutenant Colonel and Combat itor—apparently the card or system malfunc- bany. He currently serves as Chairman of the Rated Pilot with more than 5,000 flying hours. tioned. New York State Assembly Committee on Cit- His military career earned him the Air Medal ies, where he is responsible for addressing with two oak leaf clusters and numerous other f issues facing New York City and New York military service medals. He was a gifted pilot, State’s other urban areas. He has also earned qualifying in 20 different aircraft, and was a RECOGNIZING DR. WILLIAM LLOYD the respect of local and state elected officials dedicated lifetime member of the Air Force As- BOOKER FOR HIS CONTRIBU- through his work as Chairman of the Bronx sociation. TIONS AND SERVICES IN MIS- Democratic County Committee. John also recognized the value of higher SISSIPPI HEALTH CARE education, and in 1957 he received a Bachelor Assemblyman Heastie attended New York of Science in Political Science from St. Jo- City public schools, and always had a love for seph’s College in Philadelphia, PA, where he HON. BENNIE G. THOMPSON math. This interest was developed and refined served as an ROTC teacher. That same year, while at the State University of New York at OF MISSISSIPPI he graduated from the United States Air Force Stony Brook where he earned a Bachelor of Command and Staff College at Maxwell Air IN THE HOUSE OF REPRESENTATIVES Science degree in Applied Mathematics and Force Base in Alabama. John continued his Statistics and an MBA in Finance from the Thursday, February 9, 2012 education by earning his Master’s of Business Bernard M. Baruch College, CUNY. Assembly- Administration at the University of Dallas in Mr. THOMPSON of Mississippi. Mr. Speak- man Heastie has extensive experience in 1977 at the age of 55. er, I rise today to recognize Dr. William Lloyd budgeting issues, and served as a budget an- Service was part of John’s character, so it Booker of Clarksdale, Mississippi, for his note- alyst for the City of New York’s Comptroller’s came as no surprise that he took the initiative worthy health care contributions to the Clarks- Office prior to his election. Assemblyman to mentor many young adults in their edu- dale, Mississippi, community. Heastie’s expertise in evaluating numbers has cational pursuits. John created a scholarship garnered the respect and admiration of his fund through his local Air Force Association Dr. Booker’s education began in peers. chapter for college students struggling finan- Tallahatchie County, Mississippi, where he cially. He took an active role in encouraging graduated from West Tallahatchie as High Sa- Since taking office, Assemblyman Heastie has been successful in securing much needed these students and shared in their joy as they lutatorian in 1973. He completed his under- reached their goal of graduation. graduate studies at Tougaloo College majoring resources for his district in the areas of hous- ing, health and human services and education. Upon his retirement from the Air Force, in Chemistry where he graduated ‘‘Cum John and his family moved to Greenville, Laude’’ with a Bachelor of Science degree. He Among his many accomplishments, he was a lead negotiator for the construction of new Texas where he began a second distinguished received his Doctor of Medicine degree from career in the aerospace industry, serving thir- the University of Iowa in 1982 and residence schools in the Bronx. Aware of the needs of low-wage workers, Assemblyman Heastie was ty-one years and retiring in 1998 at the age of training at Broadlawns Medical Center in Des 76. For nineteen of those years, he was ap- Moines, Iowa, where he served as a resident the author of the Wage Theft Prevention Act which provided stiffer penalties for employers pointed to serve as Chairman of the Employ- physician. ees’ Political Action Committee. As Chairman, who steal wages from employees. Additionally, John hosted informative political forums in Dr. Booker has served as Medical Director because of concerns about potential barriers Greenville, inviting many special guests over and Staff Physician for Aaron E. Henry Health that victims of domestic violence may face the years including then Governor Bill Service Center in Clarksdale, Mississippi, when trying to leave their abuser, Assembly- Clements; then Governor and former Presi- since 1985. He practices Family Medicine and man Heastie drafted a law to allow domestic dent George W. Bush; former U.S. Senators was associated with the Northwest Mississippi violence victims to be released from their Lloyd Bentsen, Phil Gramm, John Tower, as Regional Medical Center, where he served as lease obligation if it is found that their remain- well as our current U.S. Senator KAY BAILEY Chairman of the Department of Medicine from ing in their residence would keep them ex- HUTCHISON. I was also honored as his Con- 2000 to 2002, Vice Chief of Staff from 2002 to posed to a dangerous situation. 2004, Chief of Staff from 2004 to 2006, and gressman to attend several of John’s forums. now serves as Regional State Physician Lead- Mr. Speaker, Assemblyman Carl E. Heastie John was a highly respected man known for ership Council Representative. has earned a much-deserved reputation as a his intelligence, honesty, and integrity, both in hardworking, determined and exceptional pub- his own community and in Washington. Every- Dr. Booker is a member of the National As- lic servant. He is part of a new wave of elect- one who knew John was struck by his innate sociation of Community Health Centers, Mis- ed officials in this country whose qualities in- optimism, his positive attitude, and his genuine sissippi Primary Health Care Association, Phi clude fidelity to the best interests of one’s con- kindness. John was a natural leader, and I am Beta Sigma Fraternity and Swarokski Crystal stituents and honesty in public dealings. Mr. fortunate to have counted him as my friend. Society. Speaker, I ask that my colleagues join me in He will be dearly missed by all those whose Mr. Speaker, I ask that my colleagues join recognizing a gifted individual, and someone lives he touched. me in recognizing Dr. William Lloyd Booker for who carries with him the hopes of thousands Mr. Speaker, as we adjourn today I ask that his contributions and services in health care to of New Yorkers, including myself, The Honor- my colleagues join me in honoring this Amer- the Clarksdale, Mississippi, community. able Carl E. Heastie. ican patriot, Colonel John Joseph Murray.

VerDate Mar 15 2010 04:39 Feb 10, 2012 Jkt 019060 PO 00000 Frm 00003 Fmt 0626 Sfmt 0634 E:\CR\FM\K09FE8.003 E09FEPT1 smartinez on DSK6TPTVN1PROD with REMARKS E170 CONGRESSIONAL RECORD — Extensions of Remarks February 9, 2012 COLORADO SCHOOL OF MINES have dedicated themselves to our children and This is no doubt a terribly sad time for Dr. WOMEN’S SOFTBALL TEAM their education. Levin’s loved ones, but I hope they will be I wish to take this opportunity to recognize comforted by the fact that his life was so well- HON. ED PERLMUTTER the diligent and hardworking school coun- lived, and by the thoughts and prayers of OF COLORADO selors throughout our country. Counselors like thousands of Americans whose lives are im- IN THE HOUSE OF REPRESENTATIVES Sue Im, in my home district, at Gahr High measurably better because of his work. School in Cerritos. f Thursday, February 9, 2012 Every day counselors do exceptional work Mr. PERLMUTTER. Mr. Speaker, I rise to help our students reach their highest poten- WENDY GOINS today to recognize and applaud the Colorado tial. It is because of their unending dedica- School of Mines Women’s Softball Team, who tion—children across our country succeed in HON. ED PERLMUTTER last spring won a berth in the NCAA Women’s becoming engineers, doctors, and even Mem- OF COLORADO Softball Tournament for the second time in bers of Congress. IN THE HOUSE OF REPRESENTATIVES school history. The Orediggers finished the School counselors play a vital role in the de- year with a conference record of 28–11, and velopment of our students on academic, so- Thursday, February 9, 2012 an overall record of 36–24, sharing the Rocky cial, and personal levels. Unfortunately, there Mr. PERLMUTTER. Mr. Speaker, I rise Mountain Athletic Conference Championship aren’t enough of them. Counselors often find today to recognize and applaud Wendy Goins with Metropolitan State College of Denver. themselves the casualty of budget cuts. of Golden Bodyworker for receiving the Am- The School of Mines also hosted the Rocky The average student-to-counselor ratio in bassador of the Year Award from the Greater Mountain Athletic Conference softball cham- America’s public schools, 459-to-1, is almost Golden Chamber of Commerce. pionship last spring. The three day event was double the 250-to-1 ratio recommended by the This award is given each year to an indi- a success for the School of Mines and all the American School Counselor Association and vidual who is a member of the Chamber Am- schools that participated. Two of the School of the National Association for College Admission bassadors. Wendy has been very active in Mines players were named to the All Tour- Counseling. Those numbers are even worse in promoting the Chamber in several ways, such nament Team, Kelly Ulkrich, and Macy Jones. California where the student to counselor ratio as attending ribbon cuttings, grand openings, The women of the Orediggers softball team is a dismal 810 students to one counselor— ground breakings, mentoring new Chamber should be extremely proud of their 2011 sea- one of the worst ratios in the country. members, attending Chamber functions, staff- son, and their efforts on the diamond and in Our secondary school counselors work vig- ing the membership luncheon prize table, and the classroom. These women exemplify the orously to increase graduation rates, identify many more. idea of the collegiate student-athlete. The Col- problems in our schools and improve morale With a full work schedule, Wendy finds time orado School of Mines specializes in hard by inspiring students to challenge themselves to promote the Chamber, attend functions and sciences, and I commend these young women and explore new opportunities. accepts challenges with a no defeat attitude. in their dedication to fields that have tradition- Primary counselors often help identify stu- She is a real asset to the Golden community. ally been male dominated. They are an inspi- dents with health problems or disabilities that I extend my deepest congratulations to ration to girls everywhere who want to study interfere with learning. They also help young- Wendy Goins for this well deserved recogni- science and engineering. sters to cope with traumatic events, from mov- tion by the Greater Golden Chamber of Com- I also want to congratulate pitcher Kelly ing to a new school to the death of a parent. merce. I have no doubt she will exhibit the Ulkirch who was named the Rocky Mountain Our counselors do amazing work that often same dedication and character in all her future Athletic Conference Women’s Athlete of the goes unrecognized. Our communities are accomplishments. strengthened by the students who are cham- Month for April 2011. f I extend my deepest congratulations to the pioned by their school counselors. women of the Colorado School of Mines I urge my colleagues to support this effort to HONORING LONG-TIME COMMU- Women’s Softball Team. The lessons they are recognize the outstanding work that coun- NITY ACTIVIST & HONORARY learning as student-athletes will make these selors do to ensure that our children’s future FILIPINOTOWN MAYOR: DR. women the science and technology leaders of is full of promise. JACINTO ‘‘JAY’’ VALENCIA tomorrow. I am proud to have this world class f school in my district. I wish the team best of THE PASSING OF DR. STEPHEN HON. JUDY CHU luck in the 2012 season I hope it is even more LEVIN OF CALIFORNIA successful than 2011, again congratulations, IN THE HOUSE OF REPRESENTATIVES and Go Orediggers! HON. CAROLYN B. MALONEY Thursday, February 9, 2012 f OF NEW YORK Ms. CHU. Mr. Speaker, I rise today to rec- IN THE HOUSE OF REPRESENTATIVES PERSONAL EXPLANATION ognize a great loss to our community, Dr. Thursday, February 9, 2012 Jacinto ‘‘Jay’’ Valencia, who passed away on HON. JOHN L. MICA Mrs. MALONEY. Mr. Speaker, it was with January 31, 2012, at the age of 63. My heart OF FLORIDA tremendous sadness that I learned today of goes out to his loving wife, Rosalie; his son, IN THE HOUSE OF REPRESENTATIVES the passing of Dr. Stephen Levin. Dr. Levin John; his daughter, Aileen V. Michel; his Thursday, February 9, 2012 was one of our Nation’s foremost experts in grandchildren Cello, Mycah and Naiya; and occupational and environmental medicine and the rest of his family, friends and loved ones. Mr. MICA. Mr. Speaker, on rollcall No. 44 I in his career cared for thousands of Ameri- I was proud to have known Dr. Jay, as he was unavoidably detained. Had I been cans with work-related injuries and illnesses. was fondly called by his friends, for many present, I would have voted ‘‘yes.’’ But New Yorkers may know Dr. Levin best at years. He was a tireless advocate for his com- f the Director of the World Trade Center Worker munity and for working families, and rose to IN SUPPORT OF H. RES. 525: NA- and Volunteer Medical Screening Program, one of the highest positions in the Filipino TIONAL SCHOOL COUNSELING where he helped identify the emergence of 9/ American union movement. WEEK 11-related illnesses and led the medical com- Dr. Jay was vice president for administrative munity’s response to this unprecedented and legislative affairs of the National Union of HON. LINDA T. SA´ NCHEZ health crisis. Health Workers, based in California, where he The Medical Screening Program was a pre- worked hard to secure fair benefits and com- OF CALIFORNIA cursor to the current World Trade Center pensation for the organization’s membership. IN THE HOUSE OF REPRESENTATIVES Health Program, whch was enshrined in law His most lasting legacy, however, was his Thursday, February 9, 2012 by the James Zadroga 9/11 Health and Com- selection as the first Mayor of Philippinetown, Ms. LINDA T. SA´ NCHEZ of California. Mr. pensation Act, a bill I authored with Congress- Inc. and his work in securing the designation Speaker, I rise in strong support of H. Res. men NADLER and KING and on which I worked of Filipinotown as a Historic District by the City 525 and support the goals of ‘‘National School with Dr. Levin to pass. Without Dr. Levin’s pio- of Los Angeles in 2002. Counseling Week.’’ neering research, service, and dedication to 9/ His passion for bettering the lives of his fel- I introduced this resolution to recognize the 11 responders, volunteers, and survivors, we low community members was evident in his tireless efforts of a group of professionals who may never have passed the Zadroga Act. work for elected officials he believed in, such

VerDate Mar 15 2010 04:39 Feb 10, 2012 Jkt 019060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\K09FE8.005 E09FEPT1 smartinez on DSK6TPTVN1PROD with REMARKS February 9, 2012 CONGRESSIONAL RECORD — Extensions of Remarks E171 as his stint as field representative for then Mr. Speaker, I am proud to recognize Lt. HONORING BRONX COUNTY DIS- California Assembly Speaker Antonio Bowers’ inspiring commitment to our great TRICT ATTORNEY ROBERT T. Villaraigosa in Sacramento in the 1990s, and state and my constituents. I applaud Bennie JOHNSON his long-time work in organized labor. He on a fine career and wish him the best of luck joined SEIU 99 in Los Angeles in 2000 and re- in his retirement and future endeavors. HON. JOSE´ E. SERRANO mained with the organization until his selection OF NEW YORK as vice president of NUHW, which represents f IN THE HOUSE OF REPRESENTATIVES many Filipino and Filipina hospital workers. Born in the Philippines on Sept. 11, 1949, RECOGNIZING MRS. BRIDGETT Thursday, February 9, 2012 Dr. Jay was very active in politics in his native CARPENTER FOR HER NOTABLE Mr. SERRANO. Mr. Speaker, in honor of country. A dedicated fighter for liberty and SERVICES IN THE MISSISSIPPI Black History Month 2012, I rise today to rec- democratic rights, Dr. Jay was detained under HEALTH CARE COMMUNITY ognize an individual from the Bronx whom I martial law for being a staff member of the admire greatly, the Honorable Robert T. John- late Senator Benigno Aquino, Jr. in 1972. He HON. BENNIE G. THOMPSON son. also actively campaigned for Eddie Villanueva Robert T. Johnson has been the District At- during the Philippines presidential elections in OF MISSISSIPPI torney of Bronx County since January 1, 1989. 2009 and was president of Bagong Pilipino. IN THE HOUSE OF REPRESENTATIVES His first election was a historic one, as he be- He brought his passion for serving his com- Thursday, February 9, 2012 came the first African-American District Attor- munity back to the United States, where he ney in the history of New York State. He is was a leader, advisor or member of many Fili- Mr. THOMPSON of Mississippi. Mr. Speak- now the longest serving District Attorney in pino American organizations including Justice er, I rise today to honor Mrs. Bridgett Car- Bronx history. for Filipino American Veterans, through which penter. Mr. Johnson, a native New Yorker, was he lobbied for full compensation of Filipino Mrs. Carpenter is a Registered Nurse and born in the Bronx. He is a product of some of World War II veterans in Washington and Sac- Clinical Nurse Specialist at Saint Dominic Hos- the many great schools in our city, including ramento. pital in Jackson, Mississippi. She obtained her James Monroe High School, the City College I urge my House colleagues to join me in Bachelor of Science degree in nursing from of New York, and New York University School honoring Dr. Jacinto ‘‘Jay’’ Valencia for his the University of Mississippi and a Master of of Law. He has dedicated much of his profes- record of civic leadership, indomitable spirit Science degree in nursing from the University sional life to helping, protecting, and defending and remarkable service and contributions to of Mississippi’s Medical Center. the residents of New York City, and has spent his community and to our nation. Mrs. Carpenter is a member of the Associa- several years as both a criminal defense attor- f tion of Pediatric Surgical Nurses, National As- ney for the Legal Aid Society, and eight years RECOGNIZING LIEUTENANT sociation of Neonatal Nurses, and Society of as a Bronx Assistant District Attorney. In Au- BENNIE F. BOWERS, JR. Pediatric Nurses. She is a certified Pediatric gust of 1986, he was appointed a Judge of the Advanced Life Support regional faculty mem- New York City Criminal Court, and was later ber as well as a certified Advanced Burn Life promoted to Acting Justice of the New York HON. FRED UPTON Support Provider. Mrs. Carpenter has worked State Supreme Court, where he served until OF MICHIGAN at Saint Dominic Hospital for the past 23 1988. IN THE HOUSE OF REPRESENTATIVES years. Although Mr. Johnson has emphasized the Thursday, February 9, 2012 Mr. Speaker, I ask my colleagues to join me prosecution of serious crimes, he has shown Mr. UPTON. Mr. Speaker, I rise today to in recognizing Mrs. Bridgett Carpenter for her a great understanding of the many other fac- recognize Lieutenant Bennie F. Bowers, Jr., a notable services as a Registered Nurse in the tors that impact the criminal justice system. He native of Benton Harbor, Michigan, who is re- Mississippi health care community. has worked to reduce recidivism, to improve tiring from the Michigan State Police after 25 community outreach, to support drug rehabili- years of impeccable service. f tation as well as alternatives to incarceration, It is with great pleasure that I congratulate and to better deploy crime prevention strate- Lieutenant Bowers on his impressive and in- BEN CORDOVA gies. He deeply understands that being a Dis- spiring service record to the state of Michigan. trict Attorney is about more than just convic- His 25 years of steadfast community involve- HON. ED PERLMUTTER tion rates—it is about solving the underlying ment have helped keep Michigan safe, and problems that cause crime in the first place. OF COLORADO have made all of us from Southwest Michigan Towards that end, Mr. Johnson has also extremely proud. Lieutenant Bowers’ re- IN THE HOUSE OF REPRESENTATIVES worked to educate young people in the Bronx nowned career includes protecting Michigan’s Thursday, February 9, 2012 in order to help prevent crime and improve the citizens while posted at Michigan State Po- quality of life in our neighborhoods. Two re- lice’s Battle Creek Post, Paw Paw District Mr. PERLMUTTER. Mr. Speaker, I rise cent examples of these efforts are the Youth Headquarters and Regional Dispatch, Detroit today to recognize and applaud Ben Cordova Trial Advocacy Program (Y–TAP) and the Stu- Post, and most recently, the Metro Post. His for his service to our community and the vet- dents Together Avoiding Risk (STAR) Pro- selfless actions have made a real difference to erans of Colorado. gram. Y–TAP provides high school students folks within and outside of my district for dec- Mr. Cordova is a U.S. Army Vietnam Vet- with an opportunity to develop debating and ades. Lt. Bowers used innovative methods to eran, Commerce City business leader, and a advocacy skills by competing in a moot court enforce law. He was never satisfied with the tireless advocate for veterans’ rights. He cre- program under the supervision of Assistant status quo, and always worked to improve the ated the Ben Cordova Foundation dedicated District Attorneys. Through the STAR program, communities in which he worked. He was re- to help service members. The foundation staff from the District Attorney’s Office provide spected by his peers and known as one to helps families navigate the state and federal 5th and 6th graders, along with their parents, ‘‘lead by example.’’ veterans’ services bureaucracy including edu- with guidance on the repercussions and im- Lt. Bowers’ leadership is exemplified in his cation, VA health care and employment. pact of gang participation, gun violence and founding of the Michigan Youth Leadership Mr. Cordova recently completed a 344-mile drugs. Academy. Lt. Bowers recognized the impor- walk across Colorado in 44 days to bring Mr. Speaker, after so many years of working tance of fostering discipline, respect, leader- awareness and support for his foundation. De- to protect the residents of the Bronx, Mr. ship, and teamwork in our youth. His efforts spite his diabetes and neuropathy aliments he Johnson has earned the gratitude of more assisted in the reduction of youth crime and is set to begin a 2,745 mile journey across the people than he could possibly know. Mr. John- ingrained skills which those youth will carry country next February to raise money for vet- son is not only a highly respected prosecutor with them for their whole lives. Lt. Bowers was erans’ services organizations. It is his goal to who enforces the law justly and fairly, he is also instrumental in the Michigan State Police ensure every veteran, young or old, is aware also revered by a wide variety of communities Explorer Program, a program that works with of the help available to them nationwide. throughout the Bronx. This is a testament to youth interested in pursuing a career in law I congratulate Mr. Cordova on his efforts to his judicious manner and evenhandedness, enforcement. Part of Lt. Bowers’ legacy will be bring awareness to veterans’ issues and ex- qualities that are paramount for a district attor- the youth he influenced to serve as Michigan’s tend my deepest thanks to him for his courage ney. Mr. Speaker, I ask that my colleagues next generation of law enforcement officers. and service to our country. join me in paying tribute to someone who

VerDate Mar 15 2010 04:39 Feb 10, 2012 Jkt 019060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A09FE8.013 E09FEPT1 smartinez on DSK6TPTVN1PROD with REMARKS E172 CONGRESSIONAL RECORD — Extensions of Remarks February 9, 2012 serves the residents of the Bronx with such HONORING THE LIFE OF LONG IS- The Parks and Recreation Department is re- distinction, The Honorable Robert T. Johnson. LAND VETERAN THOMAS H. sponsible for maintaining open spaces, for f WATKINS providing a quality system of parks and rec- reational facilities and for providing positive lei- HONORING CLYDE W. BOWLING HON. STEVE ISRAEL sure opportunities for the community. Golden OF NEW YORK is home to many unique recreational amen- HON. H. MORGAN GRIFFITH IN THE HOUSE OF REPRESENTATIVES ities. OF VIRGINIA The American Academy for Parks and Thursday, February 9, 2012 IN THE HOUSE OF REPRESENTATIVES Recreation Administration, in partnership with Thursday, February 9, 2012 Mr. ISRAEL. Mr. Speaker, I rise today to the National Recreation and Park Association commemorate the life of Thomas H. Watkins, (NRPA), awarded the City of Golden the Na- Mr. GRIFFITH of Virginia. Mr. Speaker, I, an American veteran from Long Island. He tional Gold Medal Award at NRPA’s Annual along with Mr. GOODLATTE, would like to honor passed away on January 31, 2012. Now, the Congress and Exposition. Clyde W. Bowling, a devoted public servant to entire community is mourning this tremendous The Gold Medal Award honors communities the people of Bluefield and Tazewell County, loss. throughout the United States that demonstrate on the occasion of his 100th birthday. Before becoming a fixture in the Long Island excellence in long-range planning, resource Mr. Bowling was born on February 26, community, Thomas played a key role in management, volunteerism, environmental 1912. His family moved to Graham, now World War II honorably serving the U.S. Army. stewardship, program development, profes- known as Bluefield, where he graduated from In late 1942, he was drafted and assigned to sional development and agency recognition. Graham High School in 1931. From 1933 to the 92nd Infantry Division part of the leg- Each agency is judged on its ability to address 1934, Mr. Bowling served as a member of the endary Buffalo Soldiers. Of the 909,000 Afri- the needs of those it serves. Civilian Conservation Corps, working at the can Americans selected for duty in the Army The Golden Parks and Recreation vision is Beltsville, Maryland, research center and in during World War II, the men of the 92nd divi- ‘‘Golden will be recognized as a national lead- various forestry projects. sion were among the only African Americans er in the provision of high quality parks, trails Mr. Bowling is a proud veteran of World to see combat in Europe, putting their lives on and recreation facilities.’’ War II. During the War, he served with the the line in battle against the German troops in Their mission is ‘‘to promote and provide Combat Engineers, 99th Division, and the Italy. Despite the harsh reality of racial seg- safe and comprehensive community facilities, 743rd Railroad Battalion building railroads in regation, Thomas and the Buffalo Soldiers programs and services that will enrich the Germany and Belgium. fought valiantly to defend the country they quality of life for all residents and visitors.’’ His willingness to serve extended to the loved. It was their courage and bravery that I extend my deepest congratulations to all Tazewell County and Bluefield communities as earned the respect of their fellow servicemen the employees of the City of Golden Parks well. Mr. Bowling served as the leader of Boy and country. For the next 4 years Thomas and Recreation Department for this well de- Scout Troop 144 for over 30 years. During this went on to serve in Italy and Germany before served recognition by the Greater Golden time he received several awards, including the being honorably discharged. Chamber of Commerce. Silver Beaver Award for distinguished service After serving on the battlefields, Thomas f to young people. He was the Treasurer of the continued his commitment to his country at the Town of Bluefield in 1962, a member of the Northport Veteran Affairs Medical Center. He MEMORIAM FOR FRANK CUSHING, Tazewell County Soil and Water Conservation went on to work on behalf of Long Island vet- APPROPRIATIONS COMMITTEE Board in the 1960s, and held a position as a erans for over 20 years before finishing his ca- STAFF DIRECTOR member of the Cumberland Plateau Planning reer with the Town of Huntington. Not only District for 13 years. He worked closely with was Thomas a great resource for Long Island HON. JERRY LEWIS the Tazewell County Transportation Safety veterans, he was a deeply engaged civic lead- OF CALIFORNIA Commission for 40 years to increase highway er and public servant in his community. IN THE HOUSE OF REPRESENTATIVES safety and support improvements. He was ac- A member of the Bethel A.M.E. Church in Thursday, February 9, 2012 tively involved with American Legion Post Huntington, Thomas worked tirelessly for the #122, the Masonic Lodge #122, the Graham congregation he loved as Trustee Emeritus. Mr. LEWIS of California. Mr. Speaker, I rise High School Athletic Booster Club, the Blue- Also, aware of the vital need for racial equality today to pay tribute to Frank Martin Cushing, field Business and Professional Association, in America, Thomas held a lifetime member- who gave more than 30 years of service to the and was a charter member of Veterans of For- ship to the NAACP. His devotion to his com- Nation as a congressional staffer, culminating eign Wars Post 9696. Mr. Bowling is also a munity, faith and family should be com- as the staff director for the House Appropria- longtime member of Virginia Avenue United mended. tions Committee. Frank passed away on Mon- Methodist Church. There is no question that his fellow vet- day, Feb. 6, 2012 at the age of 59. Through hard work and dedication, Mr. erans, his family and Long Islanders will miss Frank was a fabulous person, a true leader Bowling established the Mountain Dominion Thomas. In the wake of his passing, we and someone who you could always count on Resource Conservation and Development should all remember the sacrifice our veterans to get an extremely difficult job done right— Area, RC & D. He served as chairman of this make to keep us safe here at home. I am for- while leaving everyone feeling good about it organization as well as the New River-High- ever grateful for Thomas’s contributions as a when it was finished. He was a mentor and lands RC & D. In addition, he served in all of- serviceman and leader on Long Island. I offer friend to so many of the wonderful staff who fices of the State Association of RC & D my sincerest thoughts and prayers to his fam- work for the Appropriations Committee, and Councils, as second vice president of the ily. one of the best people I ever worked with in my career in public service. Southeast Association of RC & D Councils, f and was named to the Virginia State Associa- I first came to know Frank well when he tion of RC & D Hall of Fame. He was also a CITY OF GOLDEN PARKS AND came to work for me as staff director of the member of Earth Team. RECREATION DEPARTMENT House Appropriations Committee on Veterans Currently, Mr. Bowling resides in the Virginia Affairs, HUD and Independent Agencies in Veterans Care Center next to the V.A. Hos- HON. ED PERLMUTTER 1994. He immediately helped craft a bill that pital in Salem, VA. He is the oldest veteran in OF COLORADO reduced spending by several billion dollars, the Center. IN THE HOUSE OF REPRESENTATIVES but at the same time won over many agency Mr. Bowling’s contributions to the commu- heads and executive branch officials who nity are to be commended. He has impacted Thursday, February 9, 2012 found him tough but fair and extremely knowl- many lives throughout his 100 years. As a Mr. PERLMUTTER. Mr. Speaker, I rise edgeable about their needs. member of America’s greatest generation, the today to recognize and applaud the City of Frank was a giant of a man. Members on young people of today have much to learn Golden Parks and Recreation Department for both sides of the aisle—in both the House and from his service and dedication. We are hon- receiving the Greater Golden Chamber of Senate—respected him for his integrity, com- ored to pay tribute to this great man and this Commerce Civic Award. passion, pragmatism and mastery of the polit- very special birthday. Happy Birthday, Mr. The city’s parks and recreation facilities, ical process. When I became Appropriations Bowling. Thank you for all that you have done programs, activities, and services contribute Committee chairman in 2005, there was no for Southwest Virginia. greatly to the overall quality of life in Golden. doubt in my mind who should be staff director

VerDate Mar 15 2010 04:39 Feb 10, 2012 Jkt 019060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A09FE8.016 E09FEPT1 smartinez on DSK6TPTVN1PROD with REMARKS February 9, 2012 CONGRESSIONAL RECORD — Extensions of Remarks E173 of the full committee. I was extremely gratified beth Cushing of Arlington, VA; his brother, her walk with Jesus that keeps her going when Frank agreed—and became just the William P. Cushing, Jr. of Norristown, PA.; 4 strong. This strength allowed her until a few 12th staff director of the House Appropriations children, Christina Abel of Caldwell, ID, Jen- years ago to visit the sick and shut-in mem- nifer Dewing of Crandon, WI, Amy Catherine Committee in U.S. history. Cushing of Falls Church, VA, and Nathaniel bers of her church. Although she learned to His legacy remains on the committee in the Allen Cushing, of Falls Church, VA; and 12 drive, Gram never got her drivers’ license or many excellent staff members he hired and grandchildren. Friends and family were owned a car so she would often walk to make trained. And he will be missed by the hun- blessed to join him at home over the last these visits. Even at 111, Gram still tries to dreds of members and staff throughout the weeks of his life on earth for a time of reflec- help out in any way she can. House and Senate who came to know and ad- tion, confirmation, and joy. Mr. Speaker, on February 20, 2012, Ms. mire him. I have no doubt that many will join A memorial service celebrating the life and Charlotte Hawkins Flowers will be celebrating memory of Frank Martin Cushing will be me in reaching out to his wife, Amy and their her 112th birthday with her son’s family in four children, and express their sympathy at held on Monday, February 13 at 3 p.m. at Co- lumbia Baptist Church, 103 West Columbia Florida. Although she has survived her six sib- her loss and their gratitude for having known Street, Falls Church, VA, where Cushing lings and nine children, she will be surrounded Frank Cushing. served as a deacon. by a multitude of family: 5 grandchildren, 12 Mr. Speaker, I would like to provide the obit- In lieu of flowers, donations are requested great-grandchildren, 11 great-great grand- uary for Frank in order for my colleagues to to be designated to the Frank Martin Cush- children, 16 great-great-great grandchildren, understand what a truly remarkable person ing Public Policy Scholarship through the and 4 great-great-great-great grandchildren. It and public servant he was: University of Idaho Foundation, Inc., P.O. is my distinguished honor to wish her a very FRANK MARTIN CUSHING Box 443147, Moscow, ID 83844–3147, as a part of the James A. and Louise McClure Center happy birthday and congratulate her on reach- APRIL 9, 1952–FEBRUARY 6, 2012 for Public Policy Research for which Cushing ing this milestone and dedicating her life to Frank Cushing, loving husband, son, fa- served on the Advisory Board. Contributions caring for others. ther, grandfather, brother, and mentor died may also be directed to CrossLink Inter- at his home in Falls Church on Monday, Feb- national, 427 North Maple Avenue, Falls f ruary 6, 2012. He was 59 years old. Church, VA 22046. Widely respected for his deep faith, integ- f HONORING PRINCIPAL YVETTE rity, and love of family and country, Cushing AGUIRRE left an indelible mark in public policy CONGRATULATING CHARLOTTE through more than 30 years of public service HAWKINS FLOWERS ON HER in the House of Representatives, U.S. Senate, HON. NYDIA M. VELA´ ZQUEZ and Washington, DC business community. 112TH BIRTHDAY OF NEW YORK Cushing was widely regarded as one of the most knowledgeable individuals in Wash- HON. ALCEE L. HASTINGS IN THE HOUSE OF REPRESENTATIVES ington concerning the congressional appro- OF FLORIDA Thursday, February 9, 2012 priations and Federal budget processes. Cushing graduated from the University of IN THE HOUSE OF REPRESENTATIVES Ms. VELA´ ZQUEZ. Mr. Speaker, I rise to Idaho in 1974 with a Bachelor of Arts degree Thursday, February 9, 2012 honor a pillar of the Sunset Park community, in political science and completed graduate Mr. HASTINGS of Florida. Mr Speaker, I an educator and an advocate for Brooklyn’s level work in public policy administration at children. Today, a wing of PS 169 is being the University of Idaho and Boise State Uni- rise today and ask my colleagues to join me versity in 1974–75. He came to Washington, in wishing a happy 112th birthday to Ms. dedicated to honor Mrs. Aguirre’s years of DC in 1977 to work as a legislative assistant Charlotte Hawkins Flowers. service to the children of Sunset Park. As a for Senator James McClure of Idaho. Cushing Ms. Flowers, or Gram as she is lovingly teacher, Mrs. Aguirre saw firsthand the needs served as clerk of the Senate Interior and called by her family, was born on March 20, and potential of our children. She recognized Related Agencies Appropriations Sub- 1900 in Madison, Florida. Throughout her life, that, when given the resources and oppor- committee for Chairman McClure from 1981– Gram has always taken care of others. Wheth- tunity to learn in the right environment, every 84 under full committee Chairman Mark Hat- er friends, families, neighbors or strangers, child can become a successful member of the field of Oregon, and as staff director for the community. In that regard, she has been a Senate Energy and Natural Resources Com- Gram always was ready to help others in any mittee under Chairman McClure from 1984– way she could. Her granddaughter, whom she steadfast champion for relieving overcrowding 91. has lived with in Riviera Beach since 2005, re- in our schools and neighborhoods. She suc- Following a three-year stint as Corporate flected that Gram lived her life in adherence to cessfully led a campaign that united the par- Vice President of a Fortune 50 energy firm, Ecclesiastes 9:10 which states that: ‘‘What- ents of Sunset Park and helped them coa- Cushing returned to Capitol Hill in 1995 to ever your hand finds to do, do it with all your lesce behind a vision of better schools, small- serve as Clerk and Staff Director of the might.’’ er class sizes and a stronger community. House Veterans Affairs, Housing and Urban In 1997, Sunset Park opened Public School Development (VA–HUD) and Independent With a special place in her heart for helping Agencies Appropriations Subcommittee for children, Gram had a in-home day care center 24, an institution that has now served thou- then Subcommittee Chairman Jerry Lewis of in the 60’s and 70’s and has been a foster sands of our community’s children. Mrs. California under full Committee Chairman grandparent. As the oldest of three daughters Aguirre became the school’s first Principal. In Bob Livingston of Louisiana. He left the Hill and four sons born to Date Hawkins, she left that role she was always committed to ensur- in 2003 to become a partner at a firm special- school in the third grade to help care for her ing students and classrooms were held to high izing in appropriations consulting but re- siblings. However, she still learned how to expectations. That guiding philosophy, coupled turned to the House in 2005 as the Clerk and read and write and provided her grandchildren with strong faculty development and men- Staff Director of the full House Appropria- toring, served as a recipe for success for all tions Committee under newly elected Chair- with help with their homework. man Lewis. Cushing was the twelfth Clerk Gram also has a knack for cooking, working those who passed through PS 24’s doors over and Staff Director of the House Appropria- as a cook at Florida State University and also the years. tions Committee in U.S. history and today as a private home cook. Although she person- While Mrs. Aguirre is now retired, Sunset his portrait hangs in the U.S. Capitol with ally has a sweet tooth and loves Coca-Cola, Park’s residents remember her many contribu- his predecessors dating back to 1865. sweet tea, and sweet potato pie, as a cook, tions. Naming a school wing after this promi- Cushing retired from the Hill in 2008 to be- one of her specialties was homemade biscuits. nent leader, woman, educator, principal and come a partner in a D.C. law and consulting mentor is a fitting tribute to her legacy. The firm where he devoted his time and energy to In addition to filling others up with delicious public policy, particularly relating to fund- food, she also fills them with wisdom. One of name of Principal Yvette Aguirre will remind ing for science and education. His integrity, her trademark sayings is ‘‘Be careful how you students and the community of the work of a compassion, pragmatism, and masterful po- treat people. Because you’re up today doesn’t proud Latina, a positive role model and a litical skills were admired by House Mem- mean you won’t be down tomorrow.’’ This sen- champion for education. bers, Senators, and staff on both sides of the timent was something my grandmother used Mr. Speaker, talented and passionate edu- aisle. Cushing also served as an At-Large to also share with me and are words we cators are a gift. They give of themselves tire- Trustee of the Consortium for Ocean Leader- should all live by every day in caring for oth- lessly in an effort to improve our communities ship. He also served on the Advisory Board of the Lionel Hampton Jazz Festival at the ers. and ensure our children have access to oppor- University of Idaho. To that end, Gram always was active in her tunity. Mrs. Aguirre is one of those educators Cushing is survived by his wife, Amy Ham- church, the Philadelphia Primitive Baptist and, today, I would ask all my colleagues to mer of Falls Church, VA; his mother, Eliza- Church in Tallahassee. She believes that it is join me in honoring her many achievements.

VerDate Mar 15 2010 04:39 Feb 10, 2012 Jkt 019060 PO 00000 Frm 00007 Fmt 0626 Sfmt 0634 E:\CR\FM\A09FE8.019 E09FEPT1 smartinez on DSK6TPTVN1PROD with REMARKS E174 CONGRESSIONAL RECORD — Extensions of Remarks February 9, 2012 CITY OF GOLDEN USA PRO CY- Other major funders of scientific research— ments in scientific research and increase ac- CLING CHALLENGE STAGE SIX especially in health—such as the U.K. govern- cess to information that promises to stimulate TEAM ment or private foundations are increasingly scientific and technological innovation and requiring the papers they fund to be available competitiveness. In recent months, the OSTP HON. ED PERLMUTTER to the public. continued this process by collecting a second round of public comments to inform its devel- OF COLORADO Some universities such as Harvard, MIT, opment of public access policies for federal IN THE HOUSE OF REPRESENTATIVES Stanford, Carnegie Mellon, and the University of Kansas require papers written by their pro- agencies. Thursday, February 9, 2012 fessors to be made available to the public. My bill would give the OSTP Congressional Mr. PERLMUTTER. Mr. Speaker, I rise In 2008, the Appropriations Committee ex- direction to assist it in crafting public access today to recognize and applaud the City of panded the public access policy requirements policies. I want OSTP to write the strongest, Golden USA Pro Cycling Challenge Stage Six of the National Institutes of Health. The NIH best rule possible. But even they need help Team for receiving the Chairman’s Award from has since implemented an online public ac- and this legislation will provide them with guid- the Greater Golden Chamber of Commerce. cess system called PubMed, which has gotten ance. The Greater Golden Chamber of Commerce tremendous support from the scientific com- I believe that this bipartisan bill strikes a good balance among the needs of scientists, Chairman’s Award is a very special award and munity. the rights of taxpayers, and the financial inter- is not awarded every year. This award is at I believe we’d all benefit from greater ac- ests of companies that have historically pub- the discretion of the Chair. Nominees must cess to cutting edge research, but several lished this research in peer-reviewed, usually contribute a great deal to the overall economic specific groups would probably benefit most: expensive subscription publications. The bill vitality of the Greater Golden Area. Scientists, whose research will be more broad- ly read; Scholars, who will have fewer barriers gives publishers an exclusive six-month period For seven consecutive days, 135 of the in which the information will be available to to obtaining the research they need and world’s top athletes raced across 518 miles subscribers, and it allows them to continue to whose research will also be more broadly through the majestic Rockies, reaching higher market the additional value they add to these read; Funders, who will gain from accelerated altitudes than they have ever had to endure, manuscripts when they publish them. more than two miles in elevation. It featured discovery, facilitation of interdisciplinary re- Mr. Speaker, I hope that we can move this the best of the best in professional cycling, search methodologies, preservation of vital re- bill through Congress before the end of the competing on a challenging course through search findings, and an improved capacity to year. manage their research portfolios; and Tax- some of America’s most beautiful scenery, in- f cluding cities such as Aspen, Vail, payers, who will obtain economic and social Breckenridge, Steamboat Springs and Golden. benefits from the leveraging of their invest- RECOGNIZING DR. GENE M. The USA Pro Cycling Challenge commis- ment in scientific research through effects BAINES FOR HIS SERVICES IN sioned IFM, a global sports research firm with such as enhanced technology transfer, broad- THE MISSISSIPPI HEALTH CARE 20 plus years of cycling experience around the er application of research to health care, and COMMUNITY world, to conduct a quantitative research study more informed policy development. to measure the overall economic impact of the It’s not hard to think of the high school stu- HON. BENNIE G. THOMPSON inaugural cycling event. Their findings showed dent who wants to major in medicine or OF MISSISSIPPI the economic impact to the State of Colorado science digging around the database looking IN THE HOUSE OF REPRESENTATIVES was in excess of $83.5 million. Golden re- for ideas. Thursday, February 9, 2012 ceived a great deal of this impact as the Nor is it hard to foresee investigators look- Mr. THOMPSON of Mississippi. Mr. Speak- crowds in Golden and surrounding areas were ing at research in other disciplines to get ideas er, I rise today to reocgnize Dr. Gene M. enormous. Due to the Golden Team’s excel- they can apply to their own field. Or a college student at an undergraduate in- Baines of Greenwood, Mississippi. Dr. Baines lent job in 2011, the City of Golden has been is the eldest of two children. He was educated awarded the beginning of the fifth stage for stitution getting access to a journal their col- lege has never been able to purchase. in the parochial and public schools of Leflore 2012. County and graduated from Amanda Elzy High I extend my deepest congratulations to the Or a researcher’s publication getting cited more often in other studies because it’s easier School in 1972. He received a bachelor of City of Golden USA Pro Cycling Challenge Six science degree in chemistry from Tougaloo Team for this well deserved recognition by the to find and its reach extended past its original journal’s readers. College in 1976. He later attended dental Greater Golden Chamber of Commerce. I school at the University of Mississippi School have no doubt they will excel in 2012. That’s why I’ve introduced the Federal Re- search Public Access Act, which would require of Dentistry where he graduated with his doc- f tor of dental medicine degree in 1980. federal agencies with annual extramural re- FEDERAL RESEARCH PUBLIC Dr. Baines has been a practicing dentist in search budgets of $100 million or more to pro- Greenwood for over 23 years. Prior to estab- ACCESS ACT vide the public with online access to research lishing his Greenwood practice he was a well manuscripts stemming from federally funded respected practicing dentist in Jackson, Mis- HON. MICHAEL F. DOYLE research no later than six months after publi- sissippi for 8 years. He has extensive post- OF PENNSYLVANIA cation in a peer-reviewed journal. graduate training in all aspects of general den- IN THE HOUSE OF REPRESENTATIVES My legislation is a bipartisan effort, and I tistry including cosmetic procedures, thank my colleagues, Congressman KEVIN Thursday, February 9, 2012 endodontic therapy and posthodontics. Dr. YODER of Kansas and Congressman WM. Baines keeps up with the new advancements Mr. DOYLE. Mr. Speaker, I appreciate the LACY CLAY of Missouri for joining me to ex- in dentistry and chooses to offer enhanced opportunity this morning to talk to you about press their strong support for public access to state of comfort and improved oral health. bipartisan legislation I’ve just introduced: the federal research. I’m also pleased to note that Dr. Braines serves on the Mississippi Action Federal Research Public Access Act. my colleagues in the United States Senate for Progress Health Advisory Committee and When a federally-funded researcher writes a have also introduced identical, bipartisan legis- is a member of Alpha Phi Alpha Fraternity, paper, too often that paper gets locked away lation. Inc., Sigma Pi Phi Fraternity, Inc., Academy of behind a ‘‘pay-wall’’ and anyone who wants to I’ve been working on this issue since the General Dentistry, National Dental Associa- learn from that federally-funded research has 2006 debate on the reauthorization of the Na- tion, Mississippi Dental Society, American to pay exorbitant subscription or one-time tional Institutes of Heath. I’m pleased to note Dental Association—Give Kids A Smile, and fees. that since 2006, the NIH has implemented a Greenwood Leflore Chamber of Commerce. Our nation benefits when scientists are able public access policy. But it still only applies to Dr. Baines and his wife reside in rural to share their research and collaborate— the NIH, while research funded by other fed- Greenwood where he enjoys traveling, wood- sometimes across different fields of study. eral agencies remains difficult or expensive to working, photography and is a self-proclaimed The public benefits when it’s able to learn access. connoisseur of jazz music. about a rare disease whose only discussion is In 2009, the White House’s Office of Mr. Speaker, I ask that you and our col- in a scientific paper. Or when science students Science and Technology Policy, OSTP, ex- leagues join me in expressing my appreciation are able to access and draw from a broad pressed interest in public access policies and to Dr. Gene M. Baines of Greenwood, Mis- array of work by other scientists to enhance issued a request for public comment on mech- sissippi for his outstanding works in the field of their research. anisms that would leverage federal invest- dentistry.

VerDate Mar 15 2010 04:39 Feb 10, 2012 Jkt 019060 PO 00000 Frm 00008 Fmt 0626 Sfmt 0634 E:\CR\FM\K09FE8.009 E09FEPT1 smartinez on DSK6TPTVN1PROD with REMARKS February 9, 2012 CONGRESSIONAL RECORD — Extensions of Remarks E175 HONORING DEIRDRE SCOTT, EXEC- EDS WASTE SOLUTIONS and not keep pace with inflation. Over the UTIVE DIRECTOR OF BRONX long-term, this could result in a substantial de- COUNCIL ON THE ARTS HON. ED PERLMUTTER crease in vital government services that OF COLORADO niillions of Americans rely on. IN THE HOUSE OF REPRESENTATIVES Both of these bills present a distorted pic- HON. JOSE´ E. SERRANO ture of the federal budget outlook. H.R. 3582 Thursday, February 9, 2012 and H.R. 3578 will fail to create jobs, reduce OF NEW YORK Mr. PERLMUTTER. Mr. Speaker, I rise the national deficit, or put the country on a fis- IN THE HOUSE OF REPRESENTATIVES today to recognize and applaud EDS Waste cally sustainable path. By bringing these bills Solutions for receiving the Greater Golden to the floor, the House Republican Majority is Thursday, February 9, 2012 Chamber of Commerce Business of the Year once again failing to focus on the most press- Mr. SERRANO. Mr. Speaker, in honor of Award. ing need of our constituents: growing the Black History Month 2012, I rise today to rec- This award is given to an outstanding economy and creating jobs. ognize a dedicated arts and cultural leader in Chamber of Commerce business member that It is time to leave behind the failed Repub- has contributed substantially to the Chamber lican economic policies of the last decade. the Bronx who has done wonderful work for of Commerce and the community. The Great Recession proved that deregulation the people of our borough, Ms. Deirdre Scott. The original trash company began in 1896 and tax cuts for the wealthy at a time when Ms. Scott is a lifelong resident of New York with a horse and wagon. Today, EDS Waste America is fighting two wars destroys jobs and and has been a resident and leader in the Solutions proudly operates a fleet of over 30 produces enormous deficits. Republicans and Bronx for more than 20 years. She attended trucks. Democrats need to come together around a Temple University School of Architecture and EDS Waste Solutions is a full service com- new agenda that makes strategic investments Engineering Technology, before enrolling in pany that offers residential, commercial, indus- in our country. We can start with President Hunter College, CUNY where she earned her trial, and recycle hauling services. They are Obama’s American Jobs Act, which would put Bachelor’s Degree in Art History/Fine Arts. committed to offering the most innovative more than 1 million Americans back to work, She also earned a Business Development waste solutions of the 21st century. according to independent economists. By Certificate from Columbia University School of In the 26 years that EDS has been located working together, we can build a stronger, Business in 1994. She has been the Executive in Golden they have supported the City of more competitive economy for the 21st cen- Golden, Golden Chamber of Commerce, Buf- tury. Director of the Bronx Council on the Arts, falo Bill Days, Golden Fine Arts Festival, Gold- I urge my colleagues to oppose them. BCA, since 2009, and served on the board en Christmas Parades, Golden Car Shows, f prior to that. Ms. Scott has extensive experi- Golden Clean Up Days and the list goes on. ence at art institutions throughout New York EDS saves the city, citizens and organizations PERSONAL EXPLANATION City, and prior to her time at BCA, she was nearly $20,000.00 each year. the Director of Technology at the Studio Mu- Their Mission Statement is truly who they HON. LUCILLE ROYBAL-ALLARD seum in Harlem for seven years. She has also are. EDS is an environmentally responsible OF CALIFORNIA worked at the Metropolitan Museum of Art, company committed to exceeding the expecta- IN THE HOUSE OF REPRESENTATIVES Bronx Museum of the Arts and Cooper-Hew- tions of their customers, employees, and com- Thursday, February 9, 2012 itt—The Smithsonian’s National Design Mu- munity with integrity, teamwork, innovation, seum. She also co-founded the Aquamarine and their desire to serve. Because, ‘‘It’s not Ms. ROYBAL-ALLARD. Mr. Speaker, I was Sculpture Park in Manhattan, which was the just trash, it’s our future’’. out of town due to a death in my family and first waterfront sculpture park in the borough. I extend my deepest congratulations to all was not present for rollcall votes numbered Among other roles, she has worked as a cura- the employees of EDS Waste Solutions for 13–20 on Wednesday, February 1, 2012. Had I been present, I would have voted in this tor, educator, exhibition and multimedia de- this well deserved recognition by the Greater manner: signer, and instructor. Golden Chamber of Commerce. Thank you for making our community a better place to live. Rollcall Vote #13—Jackson Lee (TX) Ms. Scott has also been involved in an f Amendment (#2): ‘‘yes;’’ amazing number of civic efforts. She is a Rollcall Vote #14—Jackson Lee (TX) member of the Board of Directors at the Bronx H.R. 3582—PRO-GROWTH BUDG- Amendment (#1): ‘‘yes;’’ Overall Economic Development Corporation, is ETING ACT AND H.R. 3578—BASE- Rollcall Vote #15—Deutch (FL) Amendment a member of the New York City Workforce In- LINE REFORM ACT (#4): ‘‘yes;’’ vestment Board, the Juxtopia Informatics’ Vir- Rollcall Vote #16—Deutch (FL) Amendment tual Instructors Pilot Research Group, and the HON. BETTY McCOLLUM (#5): ‘‘yes;’’ Bronx Initiative for Energy and the Environ- OF MINNESOTA Rollcall Vote #17—Democratic Motion to ment. IN THE HOUSE OF REPRESENTATIVES Recommit: ‘‘yes;’’ Rollcall Vote #18—Final Passage of H.R. Thursday, February 9, 2012 The BCA is one of the Bronx’s premier or- 1173: ‘‘no;’’ ganizations, and this year will celebrate its Ms. MCCOLLUM. Mr. Speaker, I rise in op- Rollcall Vote #19—H.R. 3835: ‘‘no;’’ and 50th Anniversary. In her role as Executive Di- position to both H.R. 3582 and H.R. 3578. Rollcall Vote #20—H.R. 3567: ‘‘yes.’’ rector, Ms. Scott has helped numerous artists, These misguided bills make it easier for Con- f art organizations, and community groups gress to pass budgets that give wealthy indi- through the BCA’s programming and grants. In viduals unaffordable tax breaks while dev- GAUGING AMERICAN PORT addition, she has played an important role in astating America’s communities with cuts to SECURITY securing BCA’s future by leading an effort that schools, hospitals and road and bridge re- resulted in the donation of a new building to pairs. HON. JANICE HAHN serve as the headquarters for the BCA. H.R. 3582, the Pro Growth Budgeting Act, OF CALIFORNIA requires the Congressional Budget Office, Mr. Speaker, the Bronx has a long and rich IN THE HOUSE OF REPRESENTATIVES CBO, to use ‘‘dynamic scoring’’ as part of a history in the arts. I am proud to say that Ms. macroeconomic impact analysis of tax provi- Thursday, February 9, 2012 Scott is not just a part of that past, but is also sions. This new method is based on the false Ms. HAHN. Mr. Speaker, the lessons of developing the future of arts and culture in our premise that tax cuts pay for themselves, 9/11 have taught us that we must continuously borough. She is very well respected by lead- which would hide the true costs of passing be vigilant in proactively seeking out and pre- ers in the arts community and her talents have even more tax cuts for America’s wealthiest venting our country’s most pressing threats. not gone unnoticed by her peers. I am proud individuals. That is why after 9/11, Congress began to to join them in recognizing and thanking her H.R. 3578, the Baseline Reform Act, man- shine a spotlight on previously ignored issues for her contributions to the Bronx and to New dates a fundamental change in how CBO fore- such as border security, airport security and York City. Mr. Speaker, I ask that my col- casts future discretionary spending in its base- strengthening identification procedures. How- leagues join me in recognizing a gifted and line, requiring CBO to unrealistically assume ever, an area that continues to be ignored is talented woman, Ms. Deirdre Scott. that spending in the future will stay the same port security.

VerDate Mar 15 2010 04:39 Feb 10, 2012 Jkt 019060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\A09FE8.024 E09FEPT1 smartinez on DSK6TPTVN1PROD with REMARKS E176 CONGRESSIONAL RECORD — Extensions of Remarks February 9, 2012 In the U.S., tens of thousands of ships each HONORING THE LIFE AND SERVICE HONORING THE ACCOMPLISH- year make over 50,000 calls on U.S. ports. OF MAYOR GREGORIO ACOSTA MENTS OF UNITED WAY OF These ships carry the bulk of the approxi- CALVO MCLEAN COUNTY ILLINOIS mately two billion tons of freight, three billion tons of oil transports, and 134 million pas- HON. MADELEINE Z. BORDALLO HON. TIMOTHY V. JOHNSON sengers by ferry each year. OF ILLINOIS OF GUAM The volume of traffic gives terrorists oppor- IN THE HOUSE OF REPRESENTATIVES tunities to smuggle themselves or their weap- IN THE HOUSE OF REPRESENTATIVES Thursday, February 9, 2012 ons into the United States with little risk of de- tection. According to a report by the Council Thursday, February 9, 2012 Mr. JOHNSON of Illinois. Mr. Speaker I rise on Foreign Relations, in May 2002 there were Ms. BORDALLO. Mr. Speaker, I rise today today to recognize the outstanding achieve- reports that twenty-five Islamist extremists en- to honor the life and service of Gregorio ment of the United Way of McLean County. tered the United States by hiding in shipping Acosta Calvo, the former Mayor of Tamuning- The United Way provides funding for 27 agen- containers. Tumon, Guam. Mayor Calvo passed away on cies that operate a total of 45 local programs This highlights the need for an immediate February 2, 2012 at the age of 87. to help assist the homeless, people with de- legislative solution to counter this problem. velopmental disabilities, and families in crisis. Gregorio Acosta Calvo was born on Novem- The United Way, with the help of citizens However, it is difficult to come up with an ef- ber 9, 1924 in Haga˚tn˜a, Guam and is the son fective solution without first knowing all of the and businesses throughout McLean County, of Gregorio Leon Guerrero Calvo and Maria raised over $4.3 million during its latest fund- potential dangers. Acosta Calvo. In 1960, he was elected Assist- That is why I am introducing the Gauging raising period. ant Commissioner of Tamuning-Tumon and This money was raised in part by a commu- American Port Security (GAPS) Act. The served in that role until 1965. In 1965, the nity that has always valued self reliance and GAPS Act addresses these problems by re- Government of Guam changed the title of the over the years has come together in times of quiring that the Department of Homeland Se- position from Commissioner to Mayor. In hardship to meet common goals and to assist curity (DHS) report to Congress on the current 1965, Mr. Calvo was elected Mayor of its own citizens. The great people of McLean weaknesses and vulnerabilities of U.S. ports Tamuning-Tumon and served in this capacity County are proof that we do not need to rely and ensures that DHS develops a comprehen- until his retirement on January 14, 1985. on the government to take care of every prob- sive plan for addressing them. Only by focus- Mayor Calvo began working for the Govern- lem. ing on the specific dangers that threaten our ment of Guam in 1952, where he served as I would like to also thank State Farm and all port security, can we develop effective solu- Chairman for Parks and Recreation within the of their employees. Together, they donated a tions to ensure our nation is prepared for any Department of Public Works. During his time total of $1.9 million to the cause of the United and all types of attacks. at Public Works, Mr. Calvo was instrumental in Way. This includes $99,000 that State Farm organizing summer programs for teens. He donated before the close of fundraising to f continued this passion for helping the island’s make sure the United Way exceeded its goal KEN KRANZ youth during his term as Mayor, where he or- of $4.3 million. State Farm’s continued rela- ganized sporting events for baseball and bas- tionship with the McLean County community is ketball. another illustration of the benefits that accom- HON. ED PERLMUTTER Mayor Calvo was strongly involved in the in- pany accepting and promoting private busi- OF COLORADO troduction of Little League baseball on Guam. nesses in your local area. IN THE HOUSE OF REPRESENTATIVES From the early 1950s to the official national The United Way is an asset to McLean chartering of the Little League in 1967, Mayor county, and I pray for their continued success Thursday, February 9, 2012 Calvo was a leading supporter for the devel- and assistance in the years to come. Mr. PERLMUTTER. Mr. Speaker, I rise opment of the sport for our island’s youth. In f today to recognize and applaud Ken Kranz for 1983, he proposed to split the Little League TRIBUTE TO JAN SANDERS receiving the Greater Golden Chamber of Far East region into the Asia region and the Commerce Charlie O’Brien Award. Pacific region, in order to give the smaller Pa- This award goes to a member who is well cific nations an opportunity to compete in the HON. EDDIE BERNICE JOHNSON respected within his or her organization and is Little League World Series. In 2000, the pro- OF TEXAS motivated by an unselfish desire to contribute posal was passed and since then Guam has IN THE HOUSE OF REPRESENTATIVES to the community for the betterment of greater sent teams to compete in the Little League Thursday, February 9, 2012 Golden. World Series. Ms. EDDIE BERNICE JOHNSON of Texas. Ken Kranz fell in love with Golden while Mayor Calvo was also a strong advocate for Mr. Speaker, I rise today to pay tribute to my conducting a bank transaction with Wells the preservation of the Chamorro culture. In constituent, Jan Sanders, a longtime activist, Fargo. After moving to Golden, Ken met with 1992, he became a member of the board of community leader, and cherished friend who is the Greater Golden Chamber to find out where the Chamorro Heritage Foundation, a non- being honored by the League of Women Vot- his talents were needed. His talents were put profit organization with the mission of pre- ers of Dallas Education Fund as the 2012 re- to use that very day and has continued to serving, developing, and enhancing the cipient of the Susan B. Anthony Award on today. Chamorro culture and heritage of the people February 10, 2012. I can think of no one more Ken has been President of Leadership of Guam. Mayor Calvo is also a survivor of the appropriate to receive this award. Throughout Golden Alumni Association, Chairman and Japanese occupation of Guam during World her life, Jan has exhibited tireless activism and current member of Citizens Budget Advisory War II. As a teen, he endured forced labor at a relentless pursuit of justice, equality and Committee for the City of Golden, President of the hands of Japanese forces and was tasked peace. the Golden Visitors Center Board of Trustees, with digging caves in the northern village of Jan has served numerous organizations that member of the Golden Fine Arts Festival Yigo. provide community development and services Committee and responsible for logistics co- Mayor Calvo married Felisidad Salas Calvo for local congregations, schools, and commu- ordination. Ken is also a member of the Board in 1946 and together they raised 13 children, nity organizations. Jan Sanders is a longtime of Directors, current member of the Rotary and have been blessed with numerous grand- member of the League of Women Voters, and Club of Golden and volunteer at the National children and great-grandchildren. is dedicated to outreach initiatives on voter Western Stock Show. I join our community in mourning the loss of registrations, especially those that involve high Ken retired from banking after 30 years of Mayor Gregorio Acosta Calvo. His contribu- school students and new citizens. Jan taught service to the Wells Fargo Corporation and tions to our community, especially our island’s 5th grade in the DISD, and also spent a year Wells Fargo Bank. youth, will be remembered by the many citi- teaching government at SMU. She has taught I extend my deepest congratulations to Ken zens he helped throughout his life. On behalf many workshops to improve the public’s un- Kranz for this well deserved recognition by the of the people of Guam, I extend my heartfelt derstanding of the role of government and the Greater Golden Chamber of Commerce. condolences to his family, friends, and loved responsibilities of citizenship. She has served Thank you for your dedication to our commu- ones. God bless Mayor Calvo. He will be many years as an Election Judge and created nity. missed. a training curriculum for poll workers, poll

VerDate Mar 15 2010 04:39 Feb 10, 2012 Jkt 019060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\CR\FM\A09FE8.027 E09FEPT1 smartinez on DSK6TPTVN1PROD with REMARKS February 9, 2012 CONGRESSIONAL RECORD — Extensions of Remarks E177 watchers, and others. Jan is especially proud TRIBUTE TO DR. HENRY LEWIS III ber. He was an avid hunter and enjoyed golf- of her work with the ’Dismantling Racism ing. His rich legacy lives on through his family Team’ of the Greater Dallas Community of HON. FREDERICA S. WILSON of five children, eight grandchildren, five great- Churches. OF FLORIDA grandchildren, and three siblings. Not only do her social justice interests know IN THE HOUSE OF REPRESENTATIVES Mr. Clark was a tremendous ambassador no bounds, but her combination of skills and for Piper City, and he will be missed. Thank Thursday, February 9, 2012 approaches to the pursuit of justice make her you, Mr. Clark, for your service to your country a relentless champion. She has built local, na- Ms. WILSON of Florida. Mr. Speaker, I rise and your support of your community. tional, and international coalitions against in- today to pay tribute to Dr. Henry Lewis Ill. justice. After conducting a year-long, nation-wide f Finally, Jan demonstrates seemingly limit- search, The Florida Memorial University Board less personal commitment. She brings care of Trustees chose Dr. Lewis to serve as the PERSONAL EXPLANATION and compassion to every struggle. Through university’s 12th president in 2011. I congratu- her coalition building, she has crafted a peace late him on thirty-five plus years of leadership HON. ADAM SMITH and service to the Florida community. movement that focuses on the humanity of ev- OF WASHINGTON eryone, including policymakers and the peace Dr. Lewis is recognized for his passion IN THE HOUSE OF REPRESENTATIVES leaders. through his motto of transforming educational I am indebted to Jan for her expertise, her outlets from Good to Great. This educational Thursday, February 9, 2012 friendship, and the example of her leadership, passion pushed him to increase FAMU Col- lege of Pharmacy’s endowment from $1 mil- Mr. SMITH of Washington. Mr. Speaker, on and I am honored to have this opportunity to Monday, February 6, 2012, I was unable to be thank her for her lifelong commitment to lion to more than $22 million. Dr. Lewis is re- sponsible for educating and training 25 per- present for recorded votes. Had I been equality and peace. present, I would have voted ‘‘no’’ on rollcall Mr. Speaker, I rise today to commend and cent of the nation’s African-American phar- macists. In addition to his legacy as an educa- vote No. 34 (on agreeing to the resolution H. congratulate Jan Sanders on her recognition. Res. 537) and ‘‘yes’’ on rollcall vote No. 35 I ask that you and all of my distinguished col- tor, he raised over $95 million in biomedical research training grants. (on the motion to suspend the rules and pass leagues join me in commending her for serv- H.R. 1162, as amended). ice and dedication. Dr. Lewis has also transitioned his excep- tional leadership skills in the community serv- f f ing as the first African-American elected to the Leon County Board of County Commissioners TRIBUTE TO HAROLD PHILLIPS LECH WALESA DAY IN ILLINOIS in Tallahassee, Florida. While a Commis- sioner, he established the county’s Minority HON. MIKE QUIGLEY Business Enterprise program, developed the HON. JON RUNYAN branch health clinic network, successfully ad- OF NEW JERSEY OF ILLINOIS vocated legislative funding for a $2.5 million IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES clinic building and strategically placed a $20 Thursday, February 9, 2012 million public library downtown adjacent to the Thursday, February 9, 2012 Mr. QUIGLEY. Mr. Speaker, today I am C.K. Steele bus terminal, making it reachable Mr. RUNYAN. Mr. Speaker, I rise this honored to announce that the Illinois General to all Tallahassee citizens. evening to pay tribute to a true American hero. Dr. Lewis is frequently lauded as a leader Assembly passed a resolution which declares Harold Phillips of Moorestown, New Jersey, amongst leaders. He has been the recipient of February 9th to be Lech Walesa Day in Illi- will soon be awarded the Congressional Gold the Outstanding Educator Award, Dr. Martin nois. I have been honored to meet this great Medal for his service in the United States Ma- Luther King Leadership Award, Outstanding patriot during both of my trips to Poland, and rine Corps during World War II. Harold was a Tallahassean Award and Pharmacist of the fully support this tribute to a man who spent member of our Nation’s first African American Year. Colleagues, please join me in saluting his life fighting for liberty and democracy. combat unit, the 51st Defense Battalion, at a Dr. Henry Lewis III, whose future educational Lech Walesa is a freedom fighter. He fought time when discrimination pervaded our soci- investments will continue to create the nation’s for the rights of the worker as a trade union ety. Harold has lived a life of patriotism and future global leaders. activist in the Gdansk shipyards. He is a man service to his community, his State and his who fought to lift the yoke of communism and f country. He is a pioneer who forged a path for future generations of African-American men oppression off of the Polish people and as HONORING THE LIFE OF MAYOR and women to serve their country in the President of Poland led them into a new age MARCUS CLARK, PIPER CITY, IL- Armed Services. I am proud to call Harold of democracy. President Walesa helped fight LINOIS for the rights and freedoms of Poles past, Phillips my constituent and I urge my col- leagues to join me in thanking him for his present, and future. HON. TIMOTHY V. JOHNSON President Walesa has always followed his service. OF ILLINOIS moral compass, which led him towards free- IN THE HOUSE OF REPRESENTATIVES dom and democracy. Representing a district f which has more than 110,000 people of Polish Thursday, February 9, 2012 OUR UNCONSCIONABLE NATIONAL and Polish-American descent, it is my honor to Mr. JOHNSON of Illinois. Mr. Speaker, I rise DEBT salute a truly great world leader of the 20th today in recognition of the life of Mr. Marcus century, President Lech Walesa. Clark, former Mayor of Piper City, Illinois, and a veteran of the U.S. Army. Mr. Clark passed HON. MIKE COFFMAN f away on Thursday, February 2nd at the age of OF COLORADO IN THE HOUSE OF REPRESENTATIVES PERSONAL EXPLANATION 82 at his home in Piper City. Mr. Clark was born September 23, 1929, in Thursday, February 9, 2012 Latona, Illinois and spent his childhood in HON. CHRIS VAN HOLLEN Piper City, graduating from Piper City High Mr. COFFMAN of Colorado. Mr. Speaker, OF MARYLAND School. He married Phyllis June Read in 1952 on January 26, 1995, when the last attempt at IN THE HOUSE OF REPRESENTATIVES and together they had six children. Following a balanced budget amendment passed the his service to our country in the Army, Mr. House by a bipartisan vote of 300–132, the Thursday, February 9, 2012 Clark was an active member of the Gibb Post national debt was $4,801,405,175,294.28. Mr. VAN HOLLEN. Mr. Speaker, on rollcall 588 of the American Legion, as well as Rotary Today, it is $15,335,666,215,381.09. We’ve No. 34, I was unavoidably detained. Had I and Eastern Star. He was the Plant Manager added $10,534,261,040,086.81 dollars to our been present, I would have voted ‘‘no.’’ for Louis Melind in Onarga and announced debt in 16 years. This is $10 trillion in debt our On rollcall No. 35, I was unavoidably de- football games in Piper City for 22 years. nation, our economy, and our children could tained. Had I been present, I would have Mr. Clark served as the Mayor of Piper City have avoided with a balanced budget amend- voted ‘‘yes.’’ for twelve years and was also a Board mem- ment.

VerDate Mar 15 2010 04:39 Feb 10, 2012 Jkt 019060 PO 00000 Frm 00011 Fmt 0626 Sfmt 0634 E:\CR\FM\A09FE8.028 E09FEPT1 smartinez on DSK6TPTVN1PROD with REMARKS E178 CONGRESSIONAL RECORD — Extensions of Remarks February 9, 2012 HONORING REVEREND CARLTON 26—Fudge (OH) Amendment: ‘‘yes,’’ rollcall RECOGNIZING MRS. LINDA WIL- GARRETT vote No. 27—Jackson Lee (TX) Amendment: LIAMS FOR HER SERVICE AND ‘‘yes,’’ rollcall vote No. 28—Cicilline (RI) COMMUNITY CONTRIBUTIONS HON. EDDIE BERNICE JOHNSON Amendment: ‘‘yes,’’ rollcall vote No. 29—Mo- OF TEXAS tion to Recommit H.R. 3582: ‘‘yes,’’ rollcall HON. BENNIE G. THOMPSON IN THE HOUSE OF REPRESENTATIVES vote No. 30—Final Passage of H.R. 3582: OF MISSISSIPPI ‘‘no.’’ Thursday, February 9, 2012 IN THE HOUSE OF REPRESENTATIVES Thursday, February 9, 2012 Ms. EDDIE BERNICE JOHNSON of Texas. f Mr. Speaker, I rise today to honor the life of Mr. THOMPSON of Mississippi. Mr. Speak- Reverend Carlton Garrett, a lifelong Dallas CONDEMNING THE ONGOING er, I rise today to honor a longtime Mississippi resident and founding pastor of The Lord’s VIOLENCE IN SYRIA resident, dedicated health care professional Missionary Baptist Church on Bexar Street. and a remarkable woman, Mrs. Linda Wil- Reverend Garrett was a devoted pastor for liams. Mrs. Williams has been a nurse practi- more than 37 years before he passed away at HON. BETTY McCOLLUM tioner in my district since 1991. She is a very the age of 82. OF MINNESOTA valued member of the Lee County, Mis- Reverend Garrett was highly respected and sissippi, community and serves on several of well known throughout the South Dallas com- IN THE HOUSE OF REPRESENTATIVES the local area boards. She is married to Fred- munity. His selfless contributions to those Thursday, February 9, 2012 erick Williams and to that union they have two around him and his unwavering dedication to children, James and Samantha. his faith and congregation empowered him to Ms. MCCOLLUM. Mr. Speaker, I rise today She is a graduate of the Holmes Community become a dynamic community leader. Even to condemn the unspeakable violence that the College School of Nursing in Goodman, Mis- before his passing, people of South Dallas re- Government of Syria has committed—and sissippi. After graduating, she served as a reg- flected on his seemingly limitless passion for continues to commit—against its own citizens. istered nurse at the University of Mississippi helping others. For the past eleven months, the Syrian people Medical Center hospital assisting on the gen- Reverend Garrett loved all and served all in have engaged in peaceful demonstrations to eral medical and surgical floors. While there, his community. Through the Church, he cre- demand their basic, universal human rights. she aided patients through high risk preg- ated programs to help the homeless and feed These demonstrations have been met with un- nancies and post partum pregnancy recov- the hungry, provided financial assistance to relenting bloodshed and torture. Thousands of eries as well as normal labor and delivery the poor, funded scholarships for underprivi- Syrian men, women, and children have been birth. In 1991, Mrs. Williams began special- leged youth, and spearheaded initiatives to slaughtered. There can be no question: Presi- izing in endocrinology and infertility nursing care for the elderly and the disabled. During dent Bashar al-Assad must step down, or be with Women’s Health Care and Reproductive Hurricane Katrina, Reverend Garrett assisted removed from power. services. Currently, she is a Physician Assist- with relocating thousands of evacuees, ex- Last week, the United States, the Arab ant specialist in reproductive medicine and tending his contributions far beyond the Dallas League, and a growing international coalition surgery. area. together called for a United Nations Security Mrs. Williams is a very active member of the In recognition of his years of service, the Council resolution that would end the crisis Lee County, Mississippi, community. She community came together last year to petition and begin a transition to democracy in Syria. serves on the Lee County Alliance of Legal for the renaming of Bexar Street in Reverend I am appalled that Russia and China have professionals and the Lee County Medical So- Garrett’s honor. With overwhelming support chosen to veto this measure, and stand with ciety Alliance. Mrs. Williams has also been from the community and the Dallas City Coun- a brutal dictator rather than the Syrian people. very active in trying to minimize adolescent cil, the street will be named in honor of Rev- This veto is an outrage, and serves only to en- driving while under the influence of drugs and erend Carlton Garrett. It is a fitting tribute to dorse President Assad’s ongoing massacre. alcohol. someone who served the South Dallas com- On February 4th, the day of the U.N. Security Mr. Speaker, I ask my colleagues to join me munity and beyond for so many years. Council vote, the Syrian military launched a in recognizing Mrs. Linda Williams for her Mr. Speaker, I am saddened to lose such devastating attack on the city of Homs that commitment to the healthcare services of an integral member of the Dallas community. continues today. Hundreds of unarmed civil- women and children as well as advocacy Reverend Garrett is part of a distinguished ians have been killed. against impaired teenage driving. group of people who have always put the f needs of others ahead of their own, and made I strongly support President Obama’s efforts invaluable contributions to the world. While the to work with America’s western and Arab allies HONORING LONG-TIME COMMU- Dallas community will surely miss Reverend to stop the bloodshed. Though China and NITY ACTIVIST AND UNION AD- Garrett, his memory will live on in the hearts Russia have chosen to stand with Assad, the VOCATE: MRS. LEORA HILL and minds of all whom he has inspired world will not. Already, nations across the Mid- throughout his life, and through the good dle East and throughout the world are expel- HON. JUDY CHU deeds and service that touched so many lives. ling Syrian diplomats, tightening sanctions, OF CALIFORNIA f and ratcheting up pressure on the Syrian gov- IN THE HOUSE OF REPRESENTATIVES ernment. The time has come for President PERSONAL EXPLANATION Assad to step down, and for the Syrian people Thursday, February 9, 2012 to determine their own future. Ms. CHU. Mr. Speaker, I rise today to rec- HON. LUCILLE ROYBAL-ALLARD ognize a great loss to our community, Mrs. OF CALIFORNIA f Leora Hill, who passed away on New Year’s IN THE HOUSE OF REPRESENTATIVES Day, 2012, at the young age of 60. My heart PERSONAL EXPLANATION goes out to her husband, Wayne Hill; her Thursday, February 9, 2012 daughter, Tonii Nichole Brady; her six grand- Ms. ROYBAL-ALLARD. Mr. Speaker, I was children and great-grandchild; and the rest of out of town due to a death in my family and HON. MIKE McINTYRE her family, friends and loved ones. was not present for rollcall votes numbered OF NORTH CAROLINA Leora was an extraordinary citizen, an activ- 21–30 on Thursday, February 2, 2012. Had I ist for working families, a dedicated public been present, I would have voted in this man- IN THE HOUSE OF REPRESENTATIVES servant and a tireless advocate for her com- ner: rollcall vote No. 21—Previous Question Thursday, February 9, 2012 munity in the Crenshaw District of Los Ange- on H. Res. 534: ‘‘no,’’ rollcall vote No. 22—On les. A fighter for her fellow California resi- Agreeing to H. Res. 534: ‘‘no,’’ rollcall vote Mr. MCINTYRE. Mr. Speaker, an unavoid- dents, Leora spent hundreds of hours attend- No. 23—Motion to Instruct Conferees—Tem- able conflict required that I miss rollcall No. ing community meetings, lobbying elected offi- porary Payroll Tax Cut Continuation Act: 46, which was final passage of H.R. 3521, the cials and volunteering on dozens of political ‘‘yes,’’ rollcall vote No. 24—Peters (MI) Expedited Legislative Line-Item Veto and Re- and public service campaigns. Amendment: ‘‘yes,’’ rollcall vote No. 25—Con- scissions Act of 2011. Had I been present, I Leora’s dedication to her fellow Californians nolly (VA) Amendment: ‘‘yes,’’ rollcall vote No. would have voted in support of this bill. led her to a 23-year career as a tax technician

VerDate Mar 15 2010 04:46 Feb 10, 2012 Jkt 019060 PO 00000 Frm 00012 Fmt 0626 Sfmt 9920 E:\CR\FM\A09FE8.035 E09FEPT1 smartinez on DSK6TPTVN1PROD with REMARKS February 9, 2012 CONGRESSIONAL RECORD — Extensions of Remarks E179 for the State Board of Equalization, where she also served as President of Local 1000’s Dis- Leora was also dedicated to increasing po- helped thousands of entrepreneurs and small trict Labor Council 723, where she was the litical awareness and civic involvement among business owners navigate the state tax proc- labor leader for state employees in south Los her fellow residents. Her recruitment of ess, file the necessary paperwork to start their Angeles County. friends, neighbors, and co-workers for political Leora was a true fighter for the underdog. businesses and helping entrepreneurs to cre- campaigns and other efforts to improve her When state employees were threatened with ate jobs and become viable and productive community truly made a difference in the lives members of the business community. major reductions in wages and furloughed by the governor, she made numerous media ap- of countless Californians. Her passion for ensuring fair rights and de- pearances, speaking out forcefully in favor of I urge my House colleagues to join me in cent wages for California’s working families working families. honoring Mrs. Leora Hill for her record of civic kicked off a longtime tenure as an activist in Leora’s tireless efforts on behalf of working leadership, her indomitable spirit and her re- her union, SEIU Local 1000, where she be- families were recognized by then-SEIU Inter- markable service and contributions to her came chair of the Committee on Political Edu- national President Andy Stern with a special cation, COPE, for Southern California. She recognition in 2008. community and to our Nation.

VerDate Mar 15 2010 04:39 Feb 10, 2012 Jkt 019060 PO 00000 Frm 00013 Fmt 0626 Sfmt 9920 E:\CR\FM\A09FE8.040 E09FEPT1 smartinez on DSK6TPTVN1PROD with REMARKS Thursday, February 9, 2012 Daily Digest Senate 2012; that there be one hour for debate equally di- Chamber Action vided in the usual form prior to the cloture vote. Routine Proceedings, pages S395–S544 Page S544 Measures Introduced: Twenty bills and two resolu- Nomination Confirmed: Senate confirmed the fol- tions were introduced, as follows: S. 2080–2099, and lowing nomination: S. Res. 370–371. Page S494 By 90 yeas to 6 nays (Vote No. EX. 16), Cathy Measures Passed: Ann Bencivengo, of California, to be United States District Judge for the Southern District of Cali- National School Counseling Week: Senate agreed fornia. Pages S417–20, S544 to S. Res. 371, designating the week of February 6 through 10, 2012, as ‘‘National School Counseling Messages from the House: Page S492 Week’’. Page S544 Measures Referred: Page S492 Measures Considered: Measures Placed on the Calendar: Pages S395, S492 Moving Ahead for Progress in the 21st Century: Executive Communications: Pages S492–94 Senate began consideration of S. 1813, to reauthorize Additional Cosponsors: Pages S495–96 Federal-aid highway and highway safety construction programs, after agreeing to the motion to proceed, Statements on Introduced Bills/Resolutions: and agreeing to the committee-reported amend- Pages S496–S504 ments, and that the bill, as amended, be considered Additional Statements: Pages S490–92 original text for the purpose of further amendment, Amendments Submitted: Pages S504–43 and taking action on the following amendment pro- Page S543 posed thereto: Pages S400–13, S423–85 Notices of Hearings/Meetings: Pending: Authorities for Committees to Meet: Reid (for Johnson (SD)/Shelby) Amendment No. Pages S543–44 1515, of a perfecting nature. Pages S484–85 Record Votes: Two record votes were taken today. During consideration of this measure today, Senate (Total—17) Pages S420–21 also took the following action: Adjournment: Senate convened at 9:30 a.m. and By 85 yeas to 11 nays (Vote No. 17), three-fifths adjourned at 6:33 p.m., until 2 p.m. on Monday, of those Senators duly chosen and sworn, having February 13, 2012. (For Senate’s program, see the re- voted in the affirmative, Senate agreed to the motion marks of the Majority Leader in today’s Record on to close further debate on the motion to proceed to page S544.) consideration of the bill. Pages S420–23 Jordan Nomination—Cloture: Senate began con- sideration of the nomination of Adalberto Jose Jor- Committee Meetings dan, of Florida, to be United States Circuit Judge for (Committees not listed did not meet) the Eleventh Circuit. Page S544 A motion was entered to close further debate on the nomination, and, in accordance with the provi- NOMINATIONS sions of Rule XXII of the Standing Rules of the Committee on Armed Services: Committee concluded a Senate, a vote on cloture will occur on Monday, Feb- hearing to examine the nominations of Admiral ruary 13, 2012. Page S544 Samuel J. Locklear III, USN, for reappointment to A unanimous-consent-time agreement was reached the grade of admiral and to be Commander, United providing that Senate resume consideration of the States Pacific Command, and Lieutenant General nomination at 4:30 p.m. on Monday, February 13, Thomas P. Bostick, USA, for reappointment to the D103

VerDate Mar 15 2010 05:20 Feb 10, 2012 Jkt 019060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D09FE2.REC D09FEPT1 smartinez on DSK6TPTVN1PROD with DIGEST D104 CONGRESSIONAL RECORD — DAILY DIGEST February 9, 2012 grade of lieutenant general and to be Chief of Engi- Act of 2009, after receiving testimony from Senators neers, and Commanding General, United States McCain and Kyl; Mary Wagner, Associate Chief, Army Corps of Engineers, both of the Department Forest Service, Department of Agriculture; Ned of Defense, after the nominees testified and answered Farquhar, Deputy Assistant Secretary of the Interior questions in their own behalf. for Lands and Minerals Management; Jon Cherry, HOUSING MARKET Resolution Copper Company, Superior, Arizona; and Shan Lewis, Inter Tribal Council of Arizona, Phoe- Committee on Banking, Housing, and Urban Affairs: nix. Committee concluded a hearing to examine the state of the housing market, focusing on removing barriers DEPARTMENT OF JUSTICE AND INTERNET to economic recovery, after receiving testimony from GAMING Mark Zandi, Moody’s Analytics, and Christopher J. Committee on Indian Affairs: Committee concluded an Mayer, Columbia Business School, both of New oversight hearing to examine the Department of Jus- York, New York; and Phillip L. Swagel, University tice opinion on Internet gaming, focusing on what’s of Maryland School of Public Policy, College Park. at stake for tribes, after receiving testimony from ASSESSING INEQUALITY, MOBILITY, AND Robert Odawi Porter, Seneca Nation of Indians, OPPORTUNITY Salamanca, New York; Kevin K. Washburn, Univer- Committee on the Budget: Committee concluded a hear- sity of New Mexico School of Law, Albuquerque; I. ing to examine assessing inequality, mobility, and Nelson Rose, Whittier Law School, Encino, Cali- opportunity, after receiving testimony from Mark J. fornia; Alex T. Skibine, University of Utah S.J. Warshawsky, Member, Social Security Advisory Quinney College of Law, Salt Lake City; Patrick Board; Jared Bernstein, Center on Budget and Policy Fleming, Washington, DC, on behalf of the Poker Priorities, Heather Boushey, Center for American Players Alliance; and Glenn M. Feldman, Mariscal, Progress Action Fund, Sarah Anderson, Institute for Weeks, McIntyre and Friedlander, P.A., Phoenix, Policy Studies, and Scott Winship, Brookings Insti- Arizona. tution Center on Children and Families, all of Wash- BUSINESS MEETING ington, DC. Committee on the Judiciary: Committee ordered favor- SOUTHEAST ARIZONA LAND EXCHANGE ably reported S. 1945, to permit the televising of AND CONSERVATION ACT Supreme Court proceedings. Committee on Energy and Natural Resources: Committee INTELLIGENCE concluded a hearing to examine H.R. 1904, to facili- tate the efficient extraction of mineral resources in Select Committee on Intelligence: Committee held closed southeast Arizona by authorizing and directing an hearings on intelligence matters, receiving testimony exchange of Federal and non-Federal land, and the from officials of the intelligence community. Southeast Arizona Land Exchange and Conservation Committee recessed subject to the call. h House of Representatives H.R. 3407, to direct the Secretary of the Interior Chamber Action to establish and implement a competitive oil and gas Public Bills and Resolutions Introduced: 24 pub- leasing program for the exploration, development, lic bills, H.R. 3989–4012; and 1 resolution, H. Con. and production of the oil and gas resources of the Res. 99 were introduced. Pages H691–93 Coastal Plain of Alaska, to ensure secure energy sup- Additional Cosponsors: Pages H693–94 plies for the continental Pacific Coast of the United States, lower prices, and reduce imports, and for Reports Filed: Reports were filed today as follows: other purposes, with an amendment (H. Rept. H.R. 3408, to set clear rules for the development 112–393); and of United States oil shale resources, to promote shale H.R. 3813, to amend title 5, United States Code, technology research and development, and for other to secure the annuities of Federal civilian employees, purposes, with an amendment (H. Rept. 112–392); and for other purposes, with an amendment (H. Rept. 112–394 Pt. 1). Page H691

VerDate Mar 15 2010 05:20 Feb 10, 2012 Jkt 019060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D09FE2.REC D09FEPT1 smartinez on DSK6TPTVN1PROD with DIGEST February 9, 2012 CONGRESSIONAL RECORD — DAILY DIGEST D105 Speaker: Read a letter from the Speaker wherein he for Drug Evaluation and Research, Food and Drug appointed Representative Capito to act as Speaker Administration; and public witnesses. pro tempore for today. Page H643 AGRICULTURAL GUESTWORKER Suspensions: The House agreed to suspend the rules PROGRAMS and pass the following measure: Committee on the Judiciary: Subcommittee on Immi- STOCK Act: S. 2038, amended, to prohibit Mem- gration Policy and Enforcement, hearing entitled bers of Congress and employees of Congress from ‘‘Regional Perspectives on Agricultural Guestworker using nonpublic information derived from their offi- Programs.’’ Testimony was heard from Gary Black, cial positions for personal benefit, by a 2⁄3 yea-and- Commissioner, Georgia Department of Agriculture; nay vote of 417 yeas to 2 nays, Roll No. 47. and public witnesses. Pages H645–57 CONSTRUCTION CONTRACTING: BARRIERS Motion to Instruct Conferees: The House agreed TO SMALL BUSINESS PARTICIPATION to the Bishop (NY) motion to instruct conferees on H.R. 3630 by a yea-and-nay vote of 405 yeas to 15 Committee on Small Business: Subcommittee on Con- nays, Roll No. 48. The motion was debated yester- tracting and Workforce held a hearing entitled day, February 8th. Pages H657–58 ‘‘Construction Contracting: Barriers to Small Busi- ness Participation.’’ Testimony was heard from Authorizing the Use of Emancipation Hall in the Jeanne Hulit, Acting Associate Administrator for Capitol Visitor Center: The House agreed to dis- Capital Access, Small Business Administration, Of- charge and agree to H. Con. Res. 99, authorizing fice of Surety Guarantees; James C. Dalton, Chief, the use of Emancipation Hall in the Capitol Visitor Engineering and Construction, Army Corps of Engi- Center for a ceremony to unveil the marker which neers; William Guerin, Assistant Commissioner of acknowledges the role that slave labor played in the the Office of Construction Programs, General Service construction of the United States Capitol. Administration, Public Buildings Service; and public Pages H658–59 witnesses. Meeting Hour: Agreed that when the House ad- journs today, it adjourn to meet at 1 p.m. on Mon- REFORMING VA’S FLAWED FIDUCIARY SYSTEM day, February 13th. Page H663 Quorum Calls—Votes: Two yea-and-nay votes de- Committee on Veterans’ Affairs: Subcommittee on Over- veloped during the proceedings of today and appear sight and Investigations held a hearing on Reform- on pages H657 and H657–58. There were no ing VA’s Flawed Fiduciary System. Testimony was quorum calls. heard from Dave McLenachen, Director of Pension and Fiduciary Service, Department of Veterans Af- Adjournment: The House met at 9 a.m. and ad- fairs; and public witnesses. journed at 2:14 p.m. ONGOING INTELLIGENCE ACTIVITIES House Permanent Select Committee on Intelligence: Full Committee Meetings Committee held a hearing on ongoing intelligence LEGISLATIVE BRANCH APPROPRIATIONS activities. This is a closed hearing. Committee on Appropriations: Subcommittee on Legisla- tive Branch held a hearing on the Architect of the Joint Meetings Capitol FY 2013 budget request. Testimony was No joint committee meetings were held. heard from Stephen T. Ayers, Architect of the Cap- f itol. COMMITTEE MEETINGS FOR FRIDAY, PROPOSED GENERIC DRUG AND FEBRUARY 10, 2012 BIOSIMILARS, USER FEES AND FURTHER EXAMINATION OF DRUG SHORTAGES (Committee meetings are open unless otherwise indicated) Committee on Energy and Commerce: Subcommittee on Senate Health held a hearing entitled ‘‘Review of the Pro- No meetings/hearings scheduled. posed Generic Drug and Biosimilars, User Fees and Further Examination of Drug Shortages.’’ Testimony House was heard from Janet Woodcock, Director, Center No hearings are scheduled.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 2 p.m., Monday, February 13 1 p.m., Monday, February 13

Senate Chamber House Chamber Program for Monday: After the transaction of any Program for Monday: The House will meet in pro morning business (not to extend beyond 4:30 p.m.), Sen- forma session at 1 p.m. ate will resume consideration of the nomination of Adalberto Jose Jordan, of Florida, to be United States Circuit Judge for the Eleventh Circuit, with a vote on the motion to invoke cloture on the nomination at approxi- mately 5:30 p.m.

Extensions of Remarks, as inserted in this issue

HOUSE Johnson, Timothy V., Ill., E176, E177 Sa´ nchez, Linda T., Calif., E170 Lewis, Jerry, Calif., E172 Schock, Aaron, Ill., E167 Bordallo, Madeleine Z., Guam, E176 Long, Billy, Mo., E169 Serrano, Jose´ E., N.Y., E167, E169, E171, E175 Chu, Judy, Calif., E170, E178 McCollum, Betty, Minn., E175, E178 Smith, Adam, Wash., E177 Coffman, Mike, Colo., E177 McIntyre, Mike, N.C., E168, E178 Thompson, Bennie G., Miss., E167, E169, E171, E174, Doyle, Michael F., Pa., E174 Maloney, Carolyn B., N.Y., E170 E178 Griffith, H. Morgan, Va., E172 Mica, John L., Fla., E170 Upton, Fred, Mich., E171 Hahn, Janice, Calif., E175 Perlmutter, Ed, Colo., E170, E170, E171, E172, E174, Van Hollen, Chris, Md., E177 Hall, Ralph M., Tex., E167, E168, E169 E175, E176 Vela´ zquez, Nydia M., N.Y., E173 Hastings, Alcee L., Fla., E173 Quigley, Mike, Ill., E168, E177 Wilson, Frederica S., Fla., E177 Israel, Steve, N.Y., E172 Roybal-Allard, Lucille, Calif., E175, E178 Wilson, Joe, S.C., E167 Johnson, Eddie Bernice, Tex., E176, E178 Runyan, Jon, N.J., E177 Woolsey, Lynn C., Calif., E168

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