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Congressional Record
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112 th CONGRESS, SECOND SESSION

United States
of America PROCEEDINGS AND DEBATES OF THE
Vol. 158 WASHINGTON, THURSDAY, JUNE 28, 2012 No. 99
House of Representatives
The House met at 10 a.m. and was other than the majority and minority heard this term, ‘‘Benedict Arnold
called to order by the Speaker pro tem- leaders and the minority whip limited CEOs’’ who were sending good U.S. jobs
pore (Mr. HARPER). to 5 minutes each, but in no event shall overseas.
f debate continue beyond 11:50 a.m. The McKinsey Global Institute did an
f in-depth analysis of the effect of out-
DESIGNATION OF SPEAKER PRO sourcing to see what impact it was ac-
TEMPORE GLOBALLY ENGAGED tually having on our economy. What
The SPEAKER pro tempore laid be- The SPEAKER pro tempore. The they found was very interesting. They
fore the House the following commu- Chair recognizes the gentleman from found that companies that utilize out-
nication from the Speaker: California (Mr. DREIER) for 5 minutes. sourcing as a component of their busi-
WASHINGTON, DC, Mr. DREIER. Mr. Speaker, I know ness plans enjoy new export opportuni-
June 28, 2012. that what I’m about to say may be seen ties, increased productivity, and sig-
I hereby appoint the Honorable GREGG as heresy by many—or at least nificant cost savings, all of which sup-
HARPER to act as Speaker pro tempore on counterintuitive—but, Mr. Speaker, port new investment in the United
this day. this statement is based in fact: out- States and greater job creation right
JOHN A. BOEHNER, sourcing is not decimating our econ- here at home. Furthermore, the jobs
Speaker of the House of Representatives.
omy. If we take a step back and look at that are created by globally engaged
f the big picture, setting aside dema- companies tend to be higher-skill,
COMMUNICATION FROM THE goguery and knee-jerk reactions, we higher-waged jobs than those created
CLERK OF THE HOUSE see that engagement with the world- by their nonglobally engaged counter-
wide marketplace is a positive thing parts.
The SPEAKER pro tempore laid be-
for our economy and our shared quest Mr. Speaker, the findings of the
fore the House the following commu-
to create good American jobs. McKinsey report are only buttressed by
nication from the Clerk of the House of
Being globally engaged takes many my own firsthand experience. I’ll never
Representatives:
forms. It includes exporting our goods forget, several years ago I was in
HOUSE OF REPRESENTATIVES, overseas. It includes imports. It in- Kathmandu visiting one of those call
Washington, DC, June 27, 2012.
cludes complex supply chains that centers. Now, many would have viewed
Hon. JOHN A. BOEHNER,
The Speaker, U.S. Capitol, House of Representa- allow us to maximize comparative ad- that call center as a symbol of
tives, Washington, DC. vantage and productivity on a global outsourced jobs, and yet when I looked
DEAR MR. SPEAKER: Pursuant to the per- scale. It demands innovation, cre- around, I found U.S. companies right
mission granted in Clause 2(h) of rule II of ativity, and adaptability. This is all there. I’m not claiming that all of
the Rules of the U.S. House of Representa- part of the dynamic worldwide market- these products were manufactured
tives, the Clerk received the following mes- place, and it does not constitute a zero right here in the United States, but
sage from the Secretary of the Senate on sum game. many were manufactured here in this
June 27, 2012 at 9:12 a.m.:
If a U.S. manufacturer can lower hemisphere. They had names on them
That the Senate concur in the House
amendment to the bill S. 3187. costs by importing some of their raw like Carrier air conditioners. There was
With best wishes, I am materials, increasing their competi- a Westinghouse refrigerator there, Dell
Sincerely, tiveness and hiring more U.S. workers computers, and AT&T telephones.
KAREN L. HAAS. as a result, our job market improves. Rather than stealing jobs from Ameri-
f American workers benefit. By the same cans and this hemisphere, this call cen-
token, if a company can tap into other ter epitomized the very way that glob-
MORNING-HOUR DEBATE labor markets, becoming more com- al engagement benefits us all.
The SPEAKER pro tempore. Pursu- petitive in the process and then hiring It is simply inaccurate to claim that
ant to the order of the House of Janu- more U.S. workers as a result, we can every job created overseas destroys a
ary 17, 2012, the Chair will now recog- all benefit. job here in the United States, and it
nize Members from lists submitted by This is not a hypothetical scenario. completely misses the point. Rather
the majority and minority leaders for We have the data that demonstrates than demonizing those who are trying
morning-hour debate. the clear benefits of engaging in the to build competitive companies that
The Chair will alternate recognition worldwide marketplace. The last time grow our economy and create oppor-
bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE
between the parties, with each party the issue of outsourcing became a po- tunity for Americans, we should be
limited to 1 hour and each Member litical flash point was in 2004. We often looking at what we can do to attract
b This symbol represents the time of day during the House proceedings, e.g., b 1407 is 2:07 p.m.
Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.
H4159
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H4160 CONGRESSIONAL RECORD — HOUSE June 28, 2012
investment here to the United States. the word of the accuser and the ac- I called for a hearing into the
We should be looking at what we can cused, the instructor against the train- Lackland scandal because we need to
do to empower entrepreneurs to revi- ee. In the military, this usually means know once and for all why instructors
talize our economy and restore our job the perpetrator gets off or receives a have been permitted to abuse power so
market. disproportionately small punishment, freely. And we need to know from top
Mr. Speaker, attacking private enter- and the victim endures an arduous and brass that the phrase ‘‘zero tolerance
prise won’t create a single job here or humiliating legal process with little for sexual assault in the military’’ is a
elsewhere. In fact, the danger of isola- sense of justice at the end. fact, not a talking point.
tionist, mercantilist rhetoric is that it Every day more disgusting news is
f
can spawn bad policy that further sti- unearthed about Lackland. Everyone
fles innovation and economic growth. wants to know: What is being done RECESS
If we want to have a constructive de- about it?
This scandal is remarkably similar to The SPEAKER pro tempore. Pursu-
bate that leads to policies that will en- ant to clause 12(a) of rule I, the Chair
courage growth and job creation, we the Aberdeen scandal that rocked the
Army in the 1990s. Fifteen years ago, a declares the House in recess until noon
need to look at the facts, and the facts today.
are very simple. Engaging globally Republican-led Senate held a hearing
on a sex scandal at the Aberdeen Prov- Accordingly (at 10 o’clock and 12
through exports, imports, outsourcing, minutes a.m.), the House stood in re-
in-sourcing, and all the many ways of ing Ground in Maryland.
cess.
tapping into the dynamic, competitive b 1010
worldwide marketplace is the best way f
The Army brought charges against 12
to get Americans back to work. instructors for sexual assault on fe- b 1200
Mr. Speaker, I urge my colleagues male trainees under their command.
not to succumb to the politically expe- Nearly 50 women made sexual abuse AFTER RECESS
dient but economically damaging rhet- charges, including 26 rape accusations. The recess having expired, the House
oric of isolationism. One instructor was cleared. The re- was called to order by the Speaker at
f maining 11 were either convicted at noon.
STOP MILITARY RAPE court martial or punished administra- f
tively.
The SPEAKER pro tempore. The In an interview about the scandal, PRAYER
Chair recognizes the gentlewoman from then-Assistant Secretary of Defense
California (Ms. SPEIER) for 5 minutes. Reverend Greg Lafferty, Willowdale
Kenneth Bacon said: Chapel, Kennett Square, Pennsylvania,
Ms. SPEIER. Mr. Speaker, I rise to The issue here is the relationship between
implore this body to finally take mean- offered the following prayer:
a trainer and a trainee. The Army regula-
ingful action to end the epidemic of tions bar intimate relationships between
Lord God, we bless You this day for
rape and sexual assault in the military. trainers and trainees, between drill ser- You are good. You make Your Sun rise
For 25 years, Congress has held dra- geants and trainees, because they are on the evil and the good; You let Your
matic hearings on this issue. It has fraught with misuse of power, with misuse of rain fall on the just and the unjust.
influence, or the possibilities of misuse of You give all people everywhere life
rocked the military branches. Com- power and influence.
mittee members have beat their chests and breath and everything. Yet we rec-
This may be hard for some in the ci- ognize that in this great Nation, we are
and demanded answers from decorated
vilian world to relate to, but it is the among the most blessed.
generals and military leaders who tes-
constant reality within our Armed You’ve granted us freedom and abun-
tified. Congress demanded reports.
Forces. It is ingrained in our military dance, safety and security, the rule of
These reports were provided and are
servicemen and -women to follow the law, and neighborly love.
now gathering dust on shelves around
orders of their chain of command and Guide us, Lord, that we may steward
Washington, D.C.
never disobey. these good gifts for the benefit of all.
The time for reports is over. Now it’s Here is an except from a 1996 inter-
time for action to solve this problem. And today, Lord, grant this House of
view with an Army recruit who was Representatives the wisdom, humility,
The solution is to take the reporting raped by her instructor at Aberdeen.
and investigation of cases of rape and and diligence to govern well, that in
The victim, a South Carolina native some measure good might overcome
sexual assault out of the military who joined the Army in December of
chain of command and place them in a evil, beauty might outshine ugliness,
1995 as a way to pay for college, said and love might undo hate. And in this,
separate office independent of the her instructor once ordered her to the
chain of command with the authority Lord, may You be honored and may our
bathroom. ‘‘A few minutes later he Nation dwell in deeper peace and safe-
to investigate and prosecute within the came in behind me, and that’s when he
military. ty.
started to tell me to do certain Amen.
Last week I called for the House things,’’ she said. ‘‘To disrobe?’’ Asked
Armed Services Committee to hold a the reporter. ‘‘Mm-hmm,’’ she said. She f
hearing on the widespread sex scandal said she never screamed, never said
at Lackland Air Force Base in San An- THE JOURNAL
‘‘no,’’ only that she was traumatized.
tonio, Texas. No hearing date has been ‘‘When you had sex in the bathroom, The SPEAKER. The Chair has exam-
set. was it something you wanted,’’ the re- ined the Journal of the last day’s pro-
The charges of rape, assault, and sod- porter asked. ‘‘No,’’ Bleckley said. ceedings and announces to the House
omy leveled against six instructors at Nothing has changed. his approval thereof.
Lackland are astonishing. One instruc- Last month in Texas, two victims Pursuant to clause 1, rule I, the Jour-
tor is accused of raping or assaulting 10 were asked if they resisted when their nal stands approved.
victims, and another confessed to hav- Air Force training instructor lured f
ing sexual relationships with another them into a dark supply room to have
10 victims of his own. Yesterday we sex. ‘‘No,’’ they said. They froze. PLEDGE OF ALLEGIANCE
learned that 12 instructors are under What is happening at Lackland Air The SPEAKER. Will the gentle-
investigation for sexual misconduct Force Base is no different than what woman from New York (Mrs. MALONEY)
with trainees and that a criminal in- happened at Aberdeen Proving Ground come forward and lead the House in the
vestigation is ongoing on four different 15 years ago. After that scandal, we Pledge of Allegiance.
Air Force bases now. heard assurances about how seriously Mrs. MALONEY led the Pledge of Al-
Like many cases of rape and sexual the crimes were taken and how ‘‘we’re legiance as follows:
assault, the perpetrators are not deny- going to get to the bottom of this prob- I pledge allegiance to the Flag of the
ing that they engaged in sexual mis- lem.’’ Yet clearly the military is un- United States of America, and to the Repub-
conduct; they simply contend that the able to police itself on matters of rape lic for which it stands, one nation under God,
sex was consensual. It comes down to and sexual assault. indivisible, with liberty and justice for all.
June 28, 2012 CONGRESSIONAL RECORD — HOUSE H4161
WELCOMING REVEREND GREG In conclusion, God bless our troops, Ms. CHU. If you want proof that Con-
LAFFERTY and we will never forget September the gress is dysfunctional, that it is put-
The SPEAKER. Without objection, 11th in the global war on terrorism. ting partisanship ahead of all else, look
the gentleman from Pennsylvania (Mr. f no further than today’s vote to hold
PITTS) is recognized for 1 minute. Attorney General Holder in contempt.
HONOR THE CATHOLIC SISTERS In office, Holder has tirelessly pur-
There was no objection.
Mr. PITTS. Mr. Speaker, it is an (Mr. HIGGINS asked and was given sued justice for all communities. He
honor today to have Greg Lafferty, permission to address the House for 1 has helped prevent mortgage fraud,
senior pastor of my home church, minute and to revise and extend his re- fought gang violence, protected intel-
Willowdale Chapel, open us in prayer marks.) lectual property rights, and worked to
today. Mr. HIGGINS. Mr. Speaker, I re- ensure every American has the right to
Greg studied at Wheaton College and cently added my name to a resolution vote. We should let the Attorney Gen-
Golden Gate Baptist Theological Semi- introduced by Representative ROSA eral enforce our Nation’s laws, not
nary. He was ordained at Saddleback DELAURO to honor the Catholic sisters make his job harder.
Church in Mission Viejo, California, for their contributions to this country The contempt vote against Holder is
where he served as a teaching pastor and to my community. unprecedented, unjustified, and un-
under Rick Warren. I grew up in the shadows of the founded. Never in the 223-year history
Under Greg, the church has grown Mercy Convent of south Buffalo, New of the House have we held an Attorney
dramatically. In his time as our pastor, York. The sisters came to Buffalo in General in contempt. Yet, today, we
he has made our church much more ac- 1858, started hospitals to heal the sick, will do just that in this ridiculous par-
tive in our community and engaged schools to teach the ignorant, and to tisan stunt.
around the world. One example is the help all of us see the gifts of God’s Congress should be creating jobs, not
work with Hope International, touch- presence in a changing world. wasting taxpayer money putting on a
ing lives in the Congo through micro- The sisters take a vow of poverty and political sideshow during an election
enterprise development. The efforts of obedience to serve God and God’s peo- year.
the church have been multiplied and ple, particularly women and children. f
improved in many ways under Greg’s The Vatican says that the sisters are
CONGRATULATING EDNA YODER
leadership. He has helped our church failing to uphold the Catholic doctrine
ON HER 101ST BIRTHDAY
show the love of Christ in our commu- and appointed three bishops to rein
nity in new ways and around the world. them in. The sisters reject the Vati- (Mr. YODER asked and was given
Greg has been married to his wife, can’s assessment of their life work and permission to address the House for 1
Deane, for 28 years. She joins us in the vow to fight. minute and to revise and extend his re-
balcony. They have three children to- In scripture, Jesus says: ‘‘Whatever marks.)
gether: Kelsey, Krista, and Ryan. you do to the least of my brothers and Mr. YODER. Mr. Speaker, I rise
It is a great honor to have Greg and sisters, you do for me.’’ The sisters are today to take a special moment to rec-
Deane and have Greg open our Cham- doing God’s work with courage, convic- ognize the birthday of a very special
ber today with the opening prayer. tion, and selflessness. American. Today marks the 101st
May God’s guiding wisdom continue birthday of my grandmother, Edna
f
to inspire their good works. Yoder.
ANNOUNCEMENT BY THE SPEAKER Born in 1911, my grandmother was
f
PRO TEMPORE raised on a Kansas farm with her many
The SPEAKER pro tempore (Mr. WALTER ZABEL brothers and sisters. Work was hard,
WOMACK). The Chair will entertain 15 (Mr. ISSA asked and was given per- and she did her part to raise livestock,
further requests for 1-minute speeches mission to address the House for 1 grow wheat, and help feed America.
on each side of the aisle. minute and to revise and extend his re- I take great pride in my grandmother
marks.) and those in her generation. Hard
f work, determination, a focus on fam-
Mr. ISSA. Mr. Speaker, today many
JOBS WILL BE DESTROYED will address the House here and later in ily, and deep religious conviction were
the day on subjects of great current the values that she and others upheld
(Mr. WILSON of South Carolina
importance, certainly the upholding of as they worked to build the most pros-
asked and was given permission to ad-
the President’s health care initiative perous Nation the world has ever seen.
dress the House for 1 minute and to re-
and, certainly, in fact, the contempt Today on her birthday, my grand-
vise and extend his remarks.)
vote we’re going to hear in a few min- mother is a vibrant and healthy 101-
Mr. WILSON of South Carolina. Mr.
utes. year-old. She has an infectious laugh, a
Speaker, today’s decision by the Su-
But this moment belongs to the peo- cheery disposition, and is kind to ev-
preme Court is extremely dis-
ple of San Diego. Walter Zabel died eryone she meets. Her love of quilting,
appointing, undermining limited gov-
this week at 97. Normally, when some- the ‘‘Lawrence Welk Show,’’ and, of
ernment and expanded freedom. The
one dies at 97, they have long since recourse, board games and bingo keep her
decision reveals ObamaCare as a huge
tired. He, on the other hand, was still time occupied and keep her young at
tax increase on middle class taxpayers,
the inspiration for Cubic Corporation, heart.
destroying jobs. We should have health
a company he founded that did so much Grandma, you are an inspiration, and
care based on doctor-patient relation-
for our national defense over his 50- we are proud today to congratulate you
ships rather than politician-patient re-
plus years at its helm. We cannot for- on the celebration of your 101st birth-
lationships.
get he was in the office less than a day.
I agree with the National Federation
of Independent Business that 1.6 mil- week ago. He was still providing stew- f
lion jobs are now at risk and small ardship, still receiving the technical b 1210
businesses cannot make plans for the benefits of his engineers, and still mak-
ing sure that America was safe. KITTINGER FURNITURE
future, which destroys more jobs.

House Republicans will continue to Today in San Diego is Walter Zabel (Ms. HOCHUL asked and was given
work to repeal the government health Day. It is not a day for the other dis- permission to address the House for 1
care takeover law. We will remain fo- cussions of the House. minute and to revise and extend her re-
cused on enacting commonsense legis- f marks.)
lation that will preserve the doctor-pa- Ms. HOCHUL. Mr. Speaker, last Octo-
tient relationship, provide every Amer- POLITICAL SIDESHOW ber, I stood here and spoke out against
ican the access they need to health (Ms. CHU asked and was given per- the new free trade agreements that
care, and promote jobs in the private mission to address the House for 1 would have continued to add to the
sector. minute.) damage done to the manufacturers in
my district that was done by NAFTA a Committee that actually drafted this Let’s get on with the unfinished busi-
decade ago. I mentioned a woman I had bill. I read it many times, and I actu- ness of helping create more jobs and
met at the Buffalo Airport who, after ally had a lot of amendments. putting a Nation of healthy Americans
23 years working in a textile factory, The Affordable Care Act has already back to work.
was now selling energy drinks because benefited millions of Americans and f
her jobs had been shipped south and will continue to help those who are in
A TRIBUTE TO DR. WENDY WAYNE
then overseas. the greatest of need—children, young
That’s why I am fighting for policies adults, people with preexisting condi- (Mr. COSTA asked and was given per-
that support making it in America. tions, and our seniors. In my own con- mission to address the House for 1
And that is why I am so proud that a gressional district in Texas, this is par- minute and to revise and extend his re-
company—Kittinger Furniture, a com- ticularly important because we have marks.)
pany that makes furniture that’s found one of the highest rates of uninsured Mr. COSTA. Mr. Speaker, I rise today
today in the White House—is being rec- individuals in the country. to pay tribute to the life of Dr. Wendy
ognized by the 2012 Best: Made in Our Constitution gives the U.S. Su- Wayne, who passed away on June 17,
America Award in recognition to their preme Court the job to be the decider 2012, at the age of 64 after fighting a
strong commitment to American man- on what is constitutional. The Afford- courageous 4-year battle with non-
ufacturing. able Care Act is constitutional. Just Hodgkin’s lymphoma.
Wendy was a loving wife and mother,
This Congress must work together to like Social Security and Medicare, now
a committed activist and respected
level the playing field for domestic it’s the law of this great Nation.
community leader who touched the
businesses like Kittinger Furniture f lives of many. Wendy led a courageous
against unfair competition, particu-
TODAY IS A GREAT DAY and energetic life filled with love and
larly from China. The American Gov-
(Mr. COHEN asked and was given per- adventure. She joined the Peace Corps
ernment and American consumers
mission to address the House for 1 at an early age and served in Kenya. As
must commit to buying American so
minute and to revise and extend his re- a seasoned traveler, Wendy swam the
we can have more success stories like
marks.) Earth’s five oceans.
Kittinger’s. Her work as an educator, a nurse, and
f Mr. COHEN. Mr. Speaker, today is a
a community leader demonstrated her
great day. It’s a great day for children
WINDMILL OF WILLFUL WASTE dedication to fostering and preserving
who want to stay on their parents’
and improving the health and safety of
(Mr. POE of Texas asked and was health insurance until they’re 26—or
children throughout the world. And her
given permission to address the House parents who want their children on
compassion and concern for the com-
for 1 minute and to revise and extend their health insurance until they’re 26.
munity also served as a testament to
his remarks.) It’s a great day for seniors that are
her extraordinary character.
Mr. POE of Texas. Mr. Speaker, Sec- concerned about the doughnut hole, for Wendy Wayne’s unwavering loyalty
retary Clinton is giving away $2 billion women who have been discriminated to Kern County and her commitment
of taxpayer money for green energy de- against in health care, for all people to the well-being of future generations
velopment in third-world countries. who don’t want to have copays for pre- will ensure that her legacy will live on.
This isn’t money for vaccines. This ventative care. It’s a great day for peo- She stands as a role model for her fam-
isn’t money for clean water. This isn’t ple who don’t want lifetime caps on ily, her friends, and all that knew and
money to help child hunger. This is their insurance or to be denied because worked with her.
money for green energy. of preexisting conditions. And it’s a And we will all miss her. I will miss
Don’t we need to make sure that peo- great day for America because the rule my dear friend Wendy Wayne.
ple have electricity before we worry of law has been upheld.
f
about what kind of light bulb they are Justice Roberts rightfully ruled that
using? People are starving, being ran- this was appropriate and constitu- IN OPPOSITION TO THE ATTORNEY
sacked by terrorists, taken away as tional. Let us not forget Justices Gins- GENERAL CONTEMPT VOTE
child soldiers, and dying of preventible burg and Sotomayor and Kagan and (Ms. FUDGE asked and was given
diseases like diarrhea. So our govern- Breyer, the five Justices who upheld permission to address the House for 1
ment decided the best use of taxpayer the Supreme Court belief that the minute and to revise and extend her re-
money was to put billions in those American people have that it is a rule marks.)
countries for green energy. of law and that the Court is not polit- Ms. FUDGE. Mr. Chairman, today I
Our government wasted millions of ical. rise to speak in opposition to the
taxpayer dollars on phony loans for It was a great day for American House resolution to hold Attorney Gen-
green energy right here in the United health care and for American law and eral Eric Holder in contempt of Con-
States to companies like Solyndra. jurisprudence. gress.
Congress didn’t even approve this $2 f With total disregard of the fact that
billion giveaway. the Attorney General and the Depart-
TODAY’S VICTORY
With all the problems of debt in the ment of Justice have cooperated with
United States and disease in other (Mrs. MALONEY asked and was given each inquiry from the House Oversight
countries, government is providing permission to address the House for 1 and Government Reform Committee
subsidies for green energy. Who would minute.) during the last 15 months, Chairman
have thought? The government is out Mrs. MALONEY. Mr. Speaker, today ISSA decided to pursue this extreme
of control. More taxpayer money is not a victory for one party or an- and unprecedented action.
thrown into the windmill of willful other. It is not a victory for an ide- To take action on this resolution is a
waste. ology. It is a victory for the American gross misuse of this Chamber’s time
And that’s just the way it is. people and for the millions who had, and energy, given that the information
f for years, gone without access to qual- requested by Chairman ISSA will shed
ity health care. It is a victory for no light on the person or persons re-
THE SUPREME COURT RULING
women who will no longer be discrimi- sponsible for the death of Agent Brian
(Mr. GENE GREEN of Texas asked nated against in their insurance pre- Terry, and that is where our time and
and was given permission to address miums and for preexisting conditions energy should be focused.
the House for 1 minute and to revise and for women and children and seniors Instead of wasting the time of the
and extend his remarks.) and families. committee, the Department of Justice,
Mr. GENE GREEN of Texas. Mr. This is a great day for our country, and the American people with political
Speaker, I want to say that I’m proud as we finally join the community of distractions, the House should be ad-
of the decision of the United States Su- economically advanced nations that dressing the issues important to the
preme Court today. I was proud to see to it that all their citizens have ac- welfare of this country and its people,
serve on the Energy and Commerce cess to quality care. and that is jobs.
THERE HAS NOT BEEN FULL do what you sent us here to do, which AFFORDABLE CARE ACT DECISION
COMPLIANCE is to take care of you. (Mr. BUTTERFIELD asked and was
(Mr. CHAFFETZ asked and was given given permission to address the House
f for 1 minute.)
permission to address the House for 1
minute and to revise and extend his re- Mr. BUTTERFIELD. Mr. Speaker, as
marks.) b 1220 a former judge of the North Carolina
Mr. CHAFFETZ. Mr. Speaker, despite State Supreme Court, I’ve come to the
what has been said here, it is the duty WHAT PERCENTAGE OF THE well today to applaud the United
and obligation of this body to address a TRUTH? States Supreme Court for its courage
duly issued subpoena that has not been (Mr. GOWDY asked and was given and for ruling on the side of constitu-
complied with. There has not been full permission to address the House for 1 tionality of the Affordable Care Act.
compliance here. There has not been minute.) This is a win, Mr. Speaker, for 48 mil-
cooperation here. There has not been a Mr. GOWDY. Mr. Speaker, my ques- lion Americans, Democrats and Repub-
willingness to share the information tion is simply this: What percentage of licans alike, who will receive stable,
that is found within the Department of the truth do you want? When we’re secure, and affordable health coverage
Justice. asked to negotiate; when the Attorney forever.
We have a dead Border Patrol agent. I believe that much of the public con-
General comes and asks us for an ex-
We have more than 200 weapons that fusion surrounding the bill was because
traordinary accommodation, whatever
were used to kill people in Mexico. We Americans outside of the Washington
that means; when we’re asked to com-
have thousands of missing weapons. We Beltway simply did not understand
promise; my question for our col-
have an Attorney General who said what the Affordable Care Act means
leagues on the other side of the aisle,
that this Fast and Furious program for them. So to put it plainly, Ameri-
Mr. Speaker, is this: What percentage
was fundamentally flawed. And yet cans can now enjoy coverage without
of the truth will you settle for? If you worry or jeopardy, regardless of pre-
here we stand today after doing more have ever sat on the other side of the
than just bending over backwards for existing conditions. Uninsured young
table from parents who have lost a people up to age 26 will be able to re-
more than a year, not having been loved one, is 50 percent enough? Is that
given the documents that we need, as a ceive coverage. If you become gravely
enough of the documents? Seventy-five ill, there are no limits on your bene-
body, to make a proper decision. percent? A third?
This should be bipartisan in our fits. If you are a woman, you can’t be
The truth, the whole truth, so help charged higher premiums. If you need
quest to right a wrong. It’s not about me God—that is what we ask witnesses
Eric Holder, but it is about the Depart- preventive care, you won’t have a
to do, jurors to do, and that’s not too copay or deductible. If you lose your
ment of Justice and it is about justice much for us to ask for the Attorney
in the United States of America. I am job, you won’t lose your coverage. And
General of the United States of Amer- if your employer doesn’t provide cov-
proud of the fact that we are bringing ica to do. erage, you will be able to buy it at af-
up this contempt.
It’s sad that we got to this day. We fordable prices.
f The political theater Republicans or-
have no other choice. But we, as a
chestrated around health care is over.
body, as an institution, as a separate HEALTH CARE Congress debated, the Court decided.
branch of government, have a duty and
(Mr. LARSEN of Washington asked This is done.
an obligation, and we are fulfilling that
here today.
and was given permission to address f
the House for 1 minute and to revise
f WE DESERVE TO KNOW WHAT
and extend his remarks.)
HAPPENED
WHAT CHANGES HAVE REALLY Mr. LARSEN of Washington. Mr.
OCCURRED? Speaker, I rise today to declare that (Mrs. ADAMS asked and was given
the Supreme Court ruling on the Af- permission to address the House for 1
(Ms. RICHARDSON asked and was minute.)
given permission to address the House fordable Care Act affirms there’s no
going back to the health care of 2009 or Mrs. ADAMS. Mr. Speaker, I rise
for 1 minute and to revise and extend today not only as a congressional
her remarks.) even to the health care of 1789. Im-
provements to health care are taking Member but also a widow of a law en-
Ms. RICHARDSON. Mr. Chairman, I forcement officer who lost his life in
come here today because when I was 6 root right now in this country. That
the line of duty. I rise to speak on be-
years old, in 1968, I saw the hate-filled progress must continue. The Supreme
half of all those families that have lost
work of the civil rights movement, of Court decision today is a welcome vic-
a loved one in the line of duty, and es-
laws that needed to be changed. And tory for middle class families and bol-
pecially for Brian Terry and his family.
now I’m here with an opportunity to be sters the necessary changes taking
The Terry family deserves to know
here in Congress, and I kind of wonder place in health care today.
what happened. The American people
what changes have really occurred. Now we must keep Medicare sustain-
deserve to know what happened. And
I see today that Chief Justice Rob- able and affordable by closing the pre-
Congress deserves to know what hap-
erts stood, and he did the right thing scription drug doughnut hole and
pened. But let us not forget, Officer
because he ruled on behalf of the Amer- cracking down on fraud. Now we must
Terry’s family deserves to know what
ican people. And I will say that this make sure middle class families have happened.
motion that’s going to come forward diverse options for high-quality, afford- I stand here on behalf of all of those
will not have bipartisan support of this able health care. Now we must ensure families who have lost law enforcement
Member because it’s not done in a bi- that we meet the needs of northwest officers throughout our great Nation in
partisan manner. It’s done in a hateful Washington State seniors, veterans, the line of duty. We must not waiver.
manner. and families. Northwest Washington We, as a Congress, need to find out
And why? has already seen improvement. Seniors what happened so it never happens
Because we have an Attorney Gen- in the Second District who were in the again. And that’s something that we
eral where this has never been done— doughnut hole have saved more than never should lose sight of. We need to
we need to stress that again—never $800 on prescription medications so far make sure that whatever took place, it
been done in this Congress, where ma- this year. More than 173,000 people in doesn’t happen again. We should not be
terials have been provided, and where northwest Washington State have losing our officers this way.
this committee has failed to accept a health insurance that covers preven- f
single witness requested by the other tive care without copays or
side. That’s not bipartisanship. That’s deductibles. HEALTH CARE VICTORY
politics at its worst. It is time to move forward on health (Mr. PALLONE asked and was given
I urge the American people to look care. And today, America took a great permission to address the House for 1
and to urge us to get back to work and step. minute.)
Mr. PALLONE. Mr. Speaker, today is RELATING TO CONSIDERATION OF The SPEAKER pro tempore. Is there
a great day for the American people. HOUSE REPORT 112–546 AND AC- objection to the request of the gen-
The Supreme Court’s decision to up- COMPANYING RESOLUTION, AND tleman from Florida?
hold the Affordable Care Act reaffirms PROVIDING FOR CONSIDERATION There was no objection.
our Nation’s commitment to make sure OF HOUSE RESOLUTION 706, AU- Mr. NUGENT. Mr. Speaker, I rise
that all Americans have access to qual- THORIZING COMMITTEE ON today in support of this rule and the
ity, affordable health care and health OVERSIGHT AND GOVERNMENT underlying resolution it brings to the
insurance. For the millions of Ameri- REFORM TO INITIATE OR INTER- House floor.
cans who have gone without health in- VENE IN JUDICIAL PROCEEDINGS The rule provides for consideration of
surance; the seniors who have strug- TO ENFORCE CERTAIN SUB- two contempt of Congress charges laid
gled due to inadequate coverage; the POENAS against Attorney General Eric Holder.
women, children, and young adults You’re going to hear a lot of folks say
Mr. NUGENT. Mr. Speaker, by direc-
that have been denied coverage for pre- tion of the Committee on Rules, I call how historic today is. That ‘‘historic-
existing conditions, the Court’s ruling up House Resolution 708 and ask for its ness’’ is why the rule provides for de-
is not only a victory but a validation immediate consideration. bate and separate votes on both con-
that they deserve to have the most The Clerk read the resolution, as fol- tempt charges. The rule also provides
basic of human needs met—and that is lows: for a motion to refer the criminal con-
access to health care. H. RES. 708 tempt charges, if offered by Mr. DIN-
The ACA addressed so many gaps in Resolved, That if House Report 112-546 is GELL, as well as motions to recommit
the American health care system, from called up by direction of the Committee on both resolutions.
closing the Medicare part D doughnut Oversight and Government Reform: (a) all I don’t assume to put words in his
hole to stopping the practice of deny- points of order against the report are waived mouth, but I’m sure and I’m willing to
ing those with preexisting conditions and the report shall be considered as read; bet that Mr. MCGOVERN is sitting over
and there getting ready to tell me it’s not
insurance coverage to claiming wom- (b)(1) an accompanying resolution offered
anhood as a preexisting health condi- enough time. I’m not going to disagree.
by direction of the Committee on Oversight
tion to allowing young adults to stay and Government Reform shall be considered
But as we all know, before we leave
on their parents’ coverage. as read and shall not be subject to a point of Friday evening to go to work in our
This law has changed the way our order; and districts, we have a lot to get done
country manages and delivers all (2) the previous question shall be consid- here. We need to reauthorize our Na-
ered as ordered on such resolution to adoption’s highway and infrastructure sys-
phases of our health care system, and tion without intervening motion or demand
I’m proud to have been part of its cre- tems. We need to save college students
for division of the question except: (i) 50 and recent graduates from student loan
ation, and prouder still today to learn minutes of debate equally divided and con-
that the Court’s decision was to uphold trolled by the chair and ranking minority
interest rates that are 2 days away
its constitutionality. member of the Committee on Oversight and from doubling. We need to move for-
Government Reform or their respective des- ward with the open amendment process
f ignees; (ii) after conclusion of debate one and finish considering the appropria-
motion to refer if offered by Representative tions bill to fund our transportation
Dingell of Michigan or his designee which and housing programs. It’s a lot to get
HEALTH CARE WIN-WIN shall be separately debatable for 10 minutes done in 2 days. And, frankly, if we
(Mr. FARR asked and was given per- equally divided and controlled by the pro- didn’t put a time limit on today’s con-
mission to address the House for 1 ponent and an opponent; and (iii) one motion
to recommit with or without instructions.
tempt debate, we could spend days on
minute and to revise and extend his re- The Chair may reduce the minimum time for end talking about nothing but this one
marks.) electronic voting on the question of adoption issue.
Mr. FARR. I rise today because I of the motion to recommit as though pursu- But beyond all of that—beyond floor
think everybody in this country is al- ant to clause 9 of rule XX. schedules and expiring authorizations,
ways worried about health care and SEC. 2. Upon adoption of this resolution it we’re left with this truth: Border Pa-
whether they’re going to be able to shall be in order without intervention of any trol Agent Brian Terry was shot on De-
have access to it, whether they can af- point of order to consider in the House the
cember 14, 2010, and died of those inju-
resolution (H. Res. 706) authorizing the Com-
ford insurance, whether the complica- mittee on Oversight and Government Reform ries the next day. His family has been
tions of that insurance will knock to initiate or intervene in judicial pro- looking for answers about what led up
them off health care by putting caps on ceedings to enforce certain subpoenas. The to and caused his death for over a year
it or saying you have a preexisting con- resolution shall be considered as read. The and a half. If we can do anything to an-
dition. But those worries are over. previous question shall be considered as or- swer those questions, then we cannot
America has health safety now. Every- dered on the resolution to adoption without and should not do anything to make
body in this country will be able to intervening motion or demand for division of them wait any longer—not another
have access to health care. The Su- the question except: (1) 20 minutes of debate
month, not another day, not another
equally divided and controlled by the Major-
preme Court made the decision that no ity Leader and the Minority Leader or their hour. Today, the House of Representa-
one without health care cannot be respective designees; and (2) one motion to tives is going to do what we can to get
treated. recommit. those answers for the Terry family.
So I think it’s a really happy day. The SPEAKER pro tempore. The gen- Thanks to whistleblowers at the Bu-
There’s going to be a lot of discussions tleman from Florida is recognized for 1 reau of Alcohol, Tobacco, Firearms and
here about pros and cons on how it’s all hour. Explosives, Members of Congress were
worked out, but each individual, I alerted to the fact that Agent Terry
think, will be able to decide: I can go b 1230 was killed by guns—AK–47 assault ri-
to a doctor and I can get the kind of Mr. NUGENT. Mr. Speaker, for the fles, specifically—that our government
care that I need, and it’s going to get purpose of debate only, I yield the cus- allowed to walk into Mexico. When
paid for so doctors and hospitals will tomary 30 minutes to the gentleman confronted with these claims, the Jus-
make it. That’s the bottom line. from Massachusetts, my colleague on tice Department denied the whistle-
I left my office this morning, and one the Rules Committee, Mr. MCGOVERN, blowers’ claims. What we now know all
of my interns is 25 years old, and she pending which I yield myself such time too well is just how right the whistle-
says, I’ve got health care insurance be- as I may consume. During consider- blowers were. However, it took the De-
cause of the law you passed. Until I’m ation of this resolution, all time yield- partment of Justice 10 months after
26, I can stay on my parents’ health ed is for the purpose of debate only. their first denial, almost a year after
care insurance, and I otherwise would GENERAL LEAVE Border Patrol Agent Terry’s death, to
have none. Because she’s already grad- Mr. NUGENT. Mr. Speaker, I ask formally retract their denial about the
uated from college. unanimous consent that all Members reckless program that contributed to
So this is a win-win for everyone. It’s have 5 legislative days in which to re- the deaths of Agent Terry and hun-
a great day for America. vise and extend their remarks. dreds of Mexican citizens.
You know, I was a cop for almost 40 I’ve heard some people say this is all the highway bill and the student loan
years and a sheriff for the last 10. As about politics. In my heart, it’s just bill and everything else. Is it possible
the head of a law enforcement agency, the opposite. It couldn’t be further that the Republican leadership doesn’t
you have two options when you make a from the truth. These contempt really want the American people seeing
mistake: you can hope it doesn’t come charges aren’t about politics. They what the House is doing today? Why
out, and if it does, you go into aren’t about Attorney General Holder, else would they feel the need to rush
lockdown and deny, deny, deny; or you President Obama, or anything else but this to the floor a mere week after the
can get out in front of it, admit you this: a man died serving his country, House Oversight Committee voted
made a mistake, tell the American peo- and we have a right to know what the along strictly partisan lines to adopt
ple you’re going to investigate, and Federal Government’s hand was in the Republican contempt citation?
then do everything you can to make that. Let me say at the outset that there
sure that this never happens again. It’s clear this country somehow are certain things that all of us, Demo-
As sheriff, I found it was my moral played a role in his death. We need to crats and Republicans alike, agree on.
imperative to always admit when we’d root it out, find the cause, and make We all agree that the death of Agent
been wrong, hold folks accountable, sure this never, ever happens again. Terry was a terrible tragedy. We all
and make my agency better so we These votes today aren’t about poli- agree that the ATF field office’s em-
wouldn’t make the same mistake tics; they are about answers that, at brace of gunwalking—which began
twice. It’s the responsible thing to do, the very least, this country owes Agent under the Bush administration, by the
and it takes away any sting of the pos- Terry and his family. way—was a terrible idea. We all agree
sibility of a coverup. President Obama promised his would that the ATF should not have sent an
That’s not what DOJ did. They’ve be the most open administration in his- erroneous letter to Senator GRASSLEY
gone the other route—hide, deny, and tory. When discussing executive privi- in 2011. But the contempt resolution
stonewall. lege in the past, Attorney General before us doesn’t have anything to do
They sent a letter with false informa- with any of that.
Holder has made it clear that the DOJ
tion to Congress, the institution that’s The Department of Justice has pro-
won’t invoke the State secrets privi-
constitutionally mandated with gov- vided thousands and thousands of docu-
lege to conceal ‘‘violations of the law’’
ernment oversight, and it took them 10 ments about gunwalking. The Attorney
or ‘‘administrative error,’’ avoid ‘‘em-
months to retract that statement. It General has testified nine times. The
barrassment,’’ or to ‘‘prevent or delay
appears that in those 10 months be- Department has provided over 1,000
the release of information.’’
tween lying and admitting the truth, pages of documents about the letter
Unfortunately, that is exactly what
members of DOJ and the ATF colluded sent to Senator GRASSLEY. So this isn’t
has happened so far with Fast and Fu-
to intentionally cover up what hap- about getting to the truth; this is
rious. It is for this reason why the
pened. What we’re trying to figure out about politics. It is about politics. This
House today sees no other choice other
is if there really was a coverup, and we is about the Republicans refusing to
than to charge Attorney General Eric
need the information to determine the take ‘‘yes’’ for an answer. This is about
facts. Holder with both civil and criminal
doing whatever it takes to attack the
Yesterday at the Rules Committee, a contempt of Congress charges.
Obama administration no matter the
couple of people mentioned President I’m going to support both of these
issue, no matter the cost.
Nixon and Watergate. And I agree, this resolutions, Mr. Speaker, not because During the committee’s ‘‘investiga-
is like the Watergate scandal. But it’s the political thing to do, not be- tion,’’ the Republican majority refused
President Nixon didn’t leave office because it’s the easy thing to do, but be- all Democratic requests for witnesses
cause of the scandal itself; he was cause it’s the right thing to do. and hearings, as well as requests to
forced to resign because of the coverup. And with that, I reserve the balance interview any Bush administration ap-
I said it last night and I’m willing to of my time. pointees. All of them were denied.
bet, Attorney General Holder didn’t Mr. MCGOVERN. Mr. Speaker, I want The Republicans refused Democratic
know all the specifics about what was to thank my friend, the gentleman requests to hold a hearing with Ken
happening with Fast and Furious, but from Florida (Mr. NUGENT), for yielding Melson, the head of ATF. You know, if
when the facts started coming to light me the customary 30 minutes, and I you’re actually interested in learning
and congressional investigators started yield myself such time as I may con- about an ATF operation, don’t you
looking for answers, he repeatedly kept sume. think you would want to talk to the
us from getting information we need. (Mr. MCGOVERN asked and was leadership of the ATF?
And that has kept the Terry family given permission to revise and extend Republicans refused Democratic re-
from getting the closure they need. his remarks.) quests to hold a hearing with former
Attorney General Holder is respon- Mr. MCGOVERN. Mr. Speaker, this is Attorney General Mukasey, who was
sible for his agency, but he has essen- a sad and deeply troubling day for this briefed on botched ATF operations in
tially given his top leadership a free House of Representatives. The Repub- 2007. If you’re actually interested in
pass. lican leadership of this body is asking learning about these botched oper-
Mr. Speaker, a law enforcement offi- us to take the unprecedented and un- ations, wouldn’t you want to talk to
cer who was employed by the United justified step of holding a sitting At- the man who was briefed about them?
States Federal Government is dead. torney General in contempt of Con- I would hope that we would all agree
Somebody knows what happened to re- gress. that we should never take a step like
sult in his death, and the Justice De- finding a sitting Attorney General in
b 1240
partment and now President Obama contempt lightly, and that we should
are refusing to release that informa- They are doing so based on a com- only do so based on accurate informa-
tion to Congress, to the American pub- pletely partisan ‘‘investigation.’’ tion. But Ranking Member CUMMINGS
lic, and to Agent Terry’s family. This is a witch hunt, pure and sim- and his staff have found, in a very
This institution has a duty to oversee ple, Mr. Speaker, and it has no place in short time, 100 concerns, omissions,
the executive branch and to find out this House. Eric Holder is a good and and inaccuracies in the committee re-
what happened. The answers are there. decent and honorable public servant. port that is the foundation of this con-
Attorney General Holder knows the an- He has reinvigorated the Justice De- tempt resolution—100 inaccuracies and
swers are there because he’s the one partment, especially on efforts to stop omissions and concerns. Sadly, instead
who has the documents that contain partisan voter suppression across the of getting answers to those questions,
the answers we’re looking for. He’s the country. this has been rushed to the floor.
gatekeeper here, and if he won’t give us I find it interesting that the Repub- Mr. Speaker, the American people ex-
the information this institution needs lican leadership has scheduled this pect us to address the issues that mat-
to do our duty, our constitutional nonsense for the floor today when it is ter most to them—issues like jobs and
duty, then we will use every legal and certain to be buried under the ava- the economy and education and health
constitutional tool that we have to get lanche of news and reaction to the Su- care—but the Republican majority re-
to it. preme Court’s health care decision and fuses to listen. Instead, they bring this
resolution to the floor, and then they The SPEAKER pro tempore. The interviewed two dozen officials, and the
wonder why Congress is so unpopular. time of the gentleman has expired. Attorney General has testified on nine
What troubles me most, perhaps, is Mr. NUGENT. I yield the gentleman occasions.
that under this Republican majority, an additional 1 minute. This is an election-year witch hunt. I
everything has to be a fight—every- Mr. SCOTT of South Carolina. We say that to the gentleman from South
thing. Everything has to be a con- have been trying for 18 long months to Carolina. This is an election-year witch
frontation, everything has to be a get to the bottom of this issue, and yet hunt. During this 16-month investiga-
showdown. And I get the politics. I un- we are being stonewalled. tion, the committee refused all Demo-
derstand this is an election year. But Yes, we hear that the Federal Gov- cratic requests for witnesses and hear-
this goes way, way too far. It is just ernment has provided 7,000-plus pages; ings, as well as requests to interview
wrong. but, Mr. Speaker, there are over 100,000 any Bush administration appointees.
I wish the Speaker of the House pages that we have requested. We are Never in our Nation’s history has the
would have intervened here and kept talking about a period from February House of Representatives voted to hold
this off the floor. By moving forward 4, 2011, to December 2011, where we a sitting Attorney General or a Cabinet
today on this resolution, we diminish were given false information. It is our member in contempt. What’s different?
the House of Representatives. This is responsibility, it is our duty to find the I will tell you what’s different. It is
not a happy day for this institution. truth for the American people and the the simple fact that Republicans have
I urge my colleagues to reject this Terry family. a dogged determination to discredit
rule and the underlying resolutions, Let me close, Mr. Speaker, by simply and defeat this President at all costs.
and I reserve the balance of my time. saying, how are we supposed to protect Plain and simple, it’s politics.
Mr. NUGENT. Mr. Speaker, the gen- and ensure the safety of our Border Pa- My Republican friends, do not use
tleman from Massachusetts made a trol agents in the future if we do not your majority to engage in a political
statement. This is about a contempt ci- know who allowed the guns to walk stunt. The integrity and legacy of this
tation because the Attorney General across the border? How are we supposed institution deserve better than that. If
has not provided all the information to give Brian Terry’s family any sense you want to discredit and defeat this
the committee has asked for. Out of of closure, Mr. Speaker? This is why we President, you need to leave this floor
140,000 pages—by his own testimony in have no choice but to be here today. and leave the C–SPAN cameras, and go
front of Judiciary—he’s given a little The refusal of the Attorney General to out and give it your best shot. This is
over 7,000 pages. That’s not reaching provide answers regarding Brian Ter- not the place to do it.
out and doing the right thing. ry’s death leaves us no choice but to be When the history of this despicable
Mr. Speaker, I yield 2 minutes to the here today. proceeding is recorded, it will be said
gentleman from South Carolina (Mr. Mr. MCGOVERN. Mr. Speaker, let me that your actions were politically mo-
SCOTT), a fellow Rules Committee yield myself such time as I may con- tivated to discredit and defeat a Presi-
member. sume before I yield to the gentleman dent who has worked so hard over the
Mr. SCOTT of South Carolina. I from North Carolina. past 3 years.
thank the gentleman for the time. I encourage my colleagues to join me
Mr. Speaker, the last time Congress
Mr. Speaker, it seems to me that my in refusing to vote for this gimmick
dealt with a contempt resolution was
friends on the left need some clarifica- and walk to the steps of the Capitol
in the case of Joshua Bolton and Har-
tion on why we are here this afternoon. and explain the circumstances of this
riet Miers. The period of time between
This is not a good day for America, and dark day. Do not vote for this resolu-
when the committee voted out the res-
it is certainly still not a good day for tion.
olution and before there was floor ac-
the Terry family. For those of you who choose to vote,
tion was 6 months. The reason why
My friends on the left continue to I ask that you defeat the rule and vote
there was time taken was to make sure
talk about this as if it were a witch against these contempt resolutions.
that we got it right.
hunt—a witch hunt. We have a slain ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE
This is less than a week. And I’m
Border Patrol agent, and my friends on The SPEAKER pro tempore. Mem-
going to say to my friends on the other
the left want to politicize this by talk- bers are reminded to direct their re-
side of the aisle that the minority staff
ing about a witch hunt when in fact we marks to the Chair.
has compiled a list of 100 inaccura-
all know that this, Mr. Speaker, is Mr. NUGENT. Mr. Speaker, I yield
cies—100 inaccuracies in the report
about justice. This is about justice. myself as much time as I may con-
that was the basis for this contempt
My friend on the left just said that sume.
resolution—100—and they’re rushing it You know, it’s amazing that my
we Republicans refuse to hear ‘‘yes,’’ to the floor. So don’t tell me this is not
we refuse to accept ‘‘yes’’ as an answer. friends forget about history because
about politics. Don’t tell me this is not they referenced history in 2008 as re-
Well, Mr. Speaker, we want a ‘‘yes’’ for a witch hunt. It is exactly what it is.
Kent Terry, we want a ‘‘yes’’ for Jose- lated to House Resolution 979 and
Mr. Speaker, I’d like to yield 2 min- House Resolution 980. And you know
phine Terry, the parents of Brian utes to the gentleman from North
Terry. We want a ‘‘yes’’ for the Amer- what they did?
Carolina (Mr. BUTTERFIELD). They passed a rule and said it’s here-
ican people. We want a ‘‘yes’’ as it re- Mr. BUTTERFIELD. The gentleman
lates to the integrity of the process, by adopted. You never even had discus-
from Massachusetts is absolutely cor- sion on the House floor like we’re going
and we want a ‘‘yes’’ for justice. And, rect, this is a sad and troubling day.
Mr. Speaker, my friends on the left to do today. Never had debate on the
What we see here today, Mr. Speaker, House floor. They just passed it in the
continue to consistently say ‘‘no.’’ is nothing more than using the Halls of
We are here, Mr. Speaker, for only Rules Committee and said, guess what,
Congress for extreme partisan political it’s hereby adopted.
two reasons. The first is because purposes.
United States Border Patrol Agent I yield such time as he may consume
Brian Terry is dead because of a Fed- b 1250 to the gentleman from California (Mr.
eral Government operation that al- This case is all about a politically ISSA), the chairman of the Committee
lowed American guns to be walked motivated confrontation with the exec- on Oversight and Government Reform.
Mr. ISSA. I place in the RECORD at
across the border in the hands of drug utive branch on a matter that does not
this time the statement by the Terry
lords and cartels. We are here today, even begin to rise to this level.
family concerning Congressman DIN-
Mr. Speaker, because the Department This case is not about gunwalking.
GELL’s criticism of the contempt vote.
of Justice; the Attorney General, Eric Those documents have been provided
TERRY FAMILY STATEMENT WITH REGARD TO
Holder; and now the President refuse to and are not in dispute. The documents CONGRESSMAN JOHN DINGELL’S CRITICISM OF
comply with congressional subpoenas at issue are completely unrelated to CONTEMPT VOTE
that will give us clarity on these ques- how gunwalking was initiated in Oper- On Wednesday, Representative John Din-
tions, give us clear answers for the ation Fast and Furious. The Depart- gell invoked the Terry family name while
Terry family and for the American peo- ment has produced thousands of pages saying he would not back the contempt reso-
ple. of documents. The committee has lutions but instead wants the Oversight and
Government Reform Committee to conduct a fused to comply with a congressional coordinate interdictions with Mexico
more thorough investigation into Operation subpoena that was issued in October of in 2007, and was informed directly that
Fast and Furious. 2011. these efforts would be expanded during
Congressman Dingell represents the dis-
I was a practicing attorney in the his tenure; refused the opportunity to
trict in Michigan where Brian Terry was
born and where his family still resides, but real world before I came to Congress. have the Attorney General as a wit-
his views don’t represent those of the Terry In the real world, Americans are ex- ness.
family. Nor does he speak for the Terry fam- pected to comply with subpoenas. Is Mr. Speaker, this partisanship was
ily. And he has never spoken to the Terry the Attorney General any different? demonstrated by the committee’s vote
family. No, he is not. along strictly partisan lines to hold the
His office sent us a condolence letter when Are we just supposed to take Mr. Attorney General in contempt and to
Brian was buried 18 months ago. That’s the Holder’s word that we have all the in- vote along strictly partisan lines on
last time we heard from him. every amendment. This is about poli-
formation?
A year ago, after the House Oversight and
That may be how Washington works, tics. This is not about the truth. This
Reform Committee began looking into Oper-
ation Fast and Furious, one of Brian’s sisters Mr. Attorney General, but that is not is not about justice. This is about poli-
called Rep. Dingell’s office seeking help and how Main Street works. tics, and that is why this is such a sad
answers. No one from his office called back. Mr. Attorney General, what are you day for this institution.
Mr. Dingell is now calling for more inves- hiding? What are you hiding from the Mr. Speaker, I yield 2 minutes to the
tigation to be conducted before the Attorney Brian Terry family? What are you hid- gentleman from Vermont (Mr. WELCH).
General can be held in contempt of Congress. ing from the American public? Mr. WELCH. Mr. Speaker, I thank
The Terry family has been waiting for over I’ve said it before and I will say it the gentleman from Massachusetts.
18 months for answers about Operation Fast Mr. Speaker, the investigation that’s
again: you can delegate authority but
and Furious and how it was related to being conducted by the Committee on
Brian’s death. If Rep. Dingell truly wants to you cannot delegate responsibility.
Mr. Speaker, the Attorney General Oversight and Government Reform is a
support the Terry family and honor Brian
can stonewall all he wants. The Attor- legitimate investigation. But the rec-
Terry, a son of Michigan, he and other Mem-
bers of Congress will call for the Attorney ney General can misremember all he ommendation to this House to hold the
General to immediately provide the docu- wants. But whether he likes it or not, Attorney General in contempt is reck-
ments requested by the House Oversight and today responsibility will land on his less, irresponsible, unnecessary, and
Government Reform Committee. desk. will actually get in the way of the pur-
Mr. NUGENT. Mr. Speaker, I yield 2 Mr. Speaker, I applaud Chairman suit of truth.
minutes to the gentleman from Florida ISSA for his steadfast leadership in the Why do I say that?
(Mr. ROSS). If you’re going to do an investiga-
pursuit of the truth. I applaud my col-
Mr. ROSS of Florida. Mr. Speaker, tion, you have to begin at the begin-
leagues on the other side of the aisle
today I rise to offer my support to hold ning, and the beginning of Fast and Fu-
who are putting the search of the truth
rious and gunwalking began in the
the Attorney General in contempt of before party.
Bush administration. There’s no evi-
Congress. The SPEAKER pro tempore. The
dence that President Bush was aware
In December 2010, Border Patrol time of the gentleman has expired.
of it. There’s some questions about
Agent Brian Terry was killed with a Mr. NUGENT. Mr. Speaker, I yield
what his Attorney General knew, what
gun that was allowed to walk across another 15 seconds to the gentleman
and when.
the border as a result of Operation Fast from Florida. But if you are sincerely interested in
and Furious. Mr. ROSS of Florida. Mr. Speaker, I trying to find out what happened, how
Mr. Speaker, some, including this At- applaud all of those, like Agent Terry, it happened, how in the world do you
torney General and some of my col- who wear the uniform of the Armed not begin at the beginning?
leagues on the other side of the aisle, Forces or stand on the border and And despite that fact, the requests of
state that this operation began in a guard our Nation. Agent Terry knew a many of us on the committee who sup-
previous administration. This is de- thing or two about duty. He died while port an investigation, who support the
monstrably false, and nothing could be on duty. use of a subpoena, who support the ag-
further from the truth. It is now the duty of this Congress to gressive right of Congress to get access
While there was a program under the hold those responsible and accountable to documents that it needs, have been
previous administration known as Wide for this failed operation. We will not denied the opportunity to bring in wit-
Receiver, the differences are quite forget, and we will always stand with nesses about what happened and how it
stark. Under Wide Receiver, weapons you. happened during the Bush administra-
were tracked, the Mexican government ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE tion.
was involved, and no one died as a re- The SPEAKER pro tempore. Once We’ve been denied the opportunity to
sult of that operation. In fact, Oper- again, Members are advised to direct bring in Attorney General Mukasey,
ation Wide Receiver ended in late 2007, their remarks to the Chair. despite the fact that there was evi-
nearly 2 years before Fast and Furious Mr. MCGOVERN. Mr. Speaker, I yield dence that he was personally briefed on
began and nearly 9 months before this myself such time as I may consume. the botched efforts to coordinate inter-
President was sworn into office. My friend from Florida (Mr. NUGENT) diction with Mexican authorities.
Fast and Furious allowed guns to talked about obstructionism, and I Then-Attorney General Mukasey was
walk across the Mexican border with want to say a couple of words about also told that the ATF field office in
no tracking, no involvement by Mexi- that because I think this whole process Phoenix planned to expand these oper-
can officials. Over 2,000 firearms dis- has obstructed justice. ations during his tenure. So our ques-
appeared across the border under this During the committee’s 16-month in- tion really quite simply is, begin at the
failed operation. Hundreds of Mexicans vestigation, the committee refused all beginning.
are dead because of this failed oper- Democratic requests for witnesses and That foundation of an open and ex-
ation. hearings, which is unprecedented. For haustive search is what this com-
An American hero and United States instance, the committee refused to mittee, the Committee on Government
Marine, Agent Brian Terry, is dead be- hold a public hearing with Ken Melson, Reform, owes to this House of Rep-
cause of this failed operation. Agent the head of ATF, the agency respon- resentatives before it asks the Mem-
Terry stood his ground and told moms sible for this operation, after he told bers of this House to vote on the ex-
and dads across America that no one committee investigators privately that traordinary measure of finding a sit-
would hurt their children on his watch. he never informed senior department ting Attorney General in contempt.
He stood up and took that responsi- officials about gunwalking because he Secondly, we’ve got to do our job
bility. was unaware of it. with care. The original subpoena that
To this day, no one, and I mean no The committee also refused a hear- went out and was there until the Fri-
one, in this administration has had the ing, or even a private meeting, with day before the Wednesday in which we
guts to stand up and say, ‘‘It was my former Attorney General Mukasey, voted was demanding that the Attor-
fault.’’ Attorney General Holder has re- who was briefed on botched efforts to ney General turn over documents that
would have been illegal for him to turn it or not. Even the Attorney General Mr. NUGENT. Mr. Speaker, I yield 2
over—transcripts of the grand jury. cannot evade the law. minutes to a former law enforcement
The SPEAKER pro tempore. The Time for America to find out the officer who lost her husband in the line
time of the gentleman has expired. truth about gun smuggling to Mexico. of duty, the gentlewoman from Florida
Mr. MCGOVERN. I yield the gen- Time for a little transparency. Today (Mrs. ADAMS).
tleman an additional 15 seconds. is judgment day. Mrs. ADAMS. I am going to come to
And that’s just the way it is. you from a different angle, one of a law
b 1300
Mr. MCGOVERN. Mr. Speaker, let me enforcement officer.
Mr. WELCH. So transcripts of the remind my friend that this gunwalking I served over 17 years as a law en-
grand jury, transcripts of wiretap ap- program started under President Bush. forcement officer, and I worked many
plications, which is not only a viola- And that’s just the way it is. undercover operations. As a law en-
tion of the U.S. Code, but would jeop- I would like to yield 15 seconds to the forcement officer, you knew you didn’t
ardize law enforcement officials if that gentleman from Texas (Mr. GENE give guns to bad guys. The drug car-
word got out. That is an irresponsible GREEN). tels, they’re bad guys. You know if you
and overbroad subpoena. Mr. GENE GREEN of Texas. Mem- let a gun walk with a bad guy that
So the bottom line is to let the inves- bers, I’m from Texas. We believe it’s you’re going to see that gun whether
tigation continue, but let’s acknowl- our constitutional right to own every it’s at a crime scene, or you’re going to
edge that the job that the committee gun that was ever made, and we don’t be looking down the barrel of it.
needs to do before it asks for a vote of want to export them to anywhere—but So when the Attorney General came
contempt has not been done. this resolution is pure politics. to our committee, I asked him, Who
Mr. NUGENT. Mr. Speaker, I yield 2 Mr. Speaker, today I rise in opposition to the approved this operation? Why was it
minutes to the gentleman from Texas, resolution recommending that the House of approved? And he just wouldn’t answer.
Judge POE. Representatives find Eric H. Holder, Jr., Attor- He didn’t know.
Mr. POE of Texas. I thank the gen- ney General, U.S. Department of Justice, in Okay. Well, what rises to the level of
tleman. contempt of Congress for refusal to comply the Attorney General? If an inter-
Mr. Speaker, we are here today be- with a subpoena duly issued by the committee national operation that allows guns to
cause of an ill-conceived, dangerous, il- on Oversight and Government Reform. walk to another country and that are
legal, gun-running scheme called Oper- In 2005, the Bureau of Alcohol, Tobacco, then used to kill one of our agents and
ation Fast and Furious. Firearms, and Explosives (ATF) initiated that are used to kill and maim their
This operation has resulted in the Project Gunrunner that focused on stemming citizens doesn’t rise to his level of ap-
death of at least one—maybe two—Fed- the flow of firearms into Mexico. This would proval, who approved it?
eral agents and in the deaths of hun- stop guns from being obtained by drug cartels This is something that is just normal
dreds of Mexican nationals; yet we still and criminal organizations that have killed procedure in any operation in a law en-
cannot get a straight answer from the thousands in Mexico in recent years. forcement agency.
Justice Department as to what hap- Part of Project Gunrunner was Operation So now you have an Attorney Gen-
pened. The Attorney General says he Fast and Furious, which has come under scru- eral who won’t tell us or can’t tell us
doesn’t know who authorized this non- tiny over the past year due to reports that the who approved this international oper-
sense, but he won’t let Congress help ATF allowed the sale of hundreds of assault ation. You have others saying, Well,
him find out the facts. weapons to suspected straw purchasers, who this is something that started under
In December of last year, Attorney then allegedly transported these weapons another administration.
General Holder testified before the through the Southwest and into Mexico. In De- It didn’t. That was a different oper-
House Judiciary Committee and told cember 2010, suspected firearms linked to ation, and they realized they couldn’t
me that Operation Fast and Furious Operation Fast and Furious were found at the keep up with those guns, so they
was ‘‘flawed and reckless’’ and that it murder scene of Border Patrol Agent Brian stopped it. When this one started, it
was ‘‘probably true’’ that more people Terry. was flawed from the beginning. The At-
were going to die. This resolution is not about Project Gun- torney General said it was flawed from
Now, isn’t that lovely? runner or Operation Fast and Furious because the beginning.
Why is the Attorney General being so the Department of Justice has produced thou- Yet we still have no answers. We
obstinate? After months of delay, sands of pages of documents, two dozen offi- don’t have answers. The American peo-
delay, delay, today is the day of reck- cials have been interviewed, and the Attorney ple don’t have answers, and most im-
oning. General has testified nine times, to show it portantly, the Terry family doesn’t
This administration claims to be the was not responsible for these operations. The have answers. That’s just unaccept-
most transparent administration in Attorney General has continually offered to able.
history. So why won’t the administra- provide even more information, including doc- I’ve heard from the other side of the
tion let the American people know uments outside of the Committee’s original aisle and from my colleagues here
what happened during Fast and Furi- subpoena. The documents that are now at the today that this is political. This isn’t
ous? What are they hiding? center of the resolution are completely unre- political. To me, it’s personal. We have
This contempt resolution is about lated to how Project Gunrunner or Operation a law enforcement officer who was
one thing. It’s about finding out how Fast and Furious were initiated. doing his job and who was killed by a
such a stealth and dangerous operation This investigation is nothing more than a flawed operation that no one will take
could ever be authorized by the Gov- hyper-partisan, election-year effort. The Com- ownership of in the Attorney General’s
ernment of the United States. Why mittee vote was strictly along partisan lines Office; and the Attorney General, him-
would our government help smuggle and every amendment passed or failed on self, won’t tell us what rises to the
guns to our neighbor and put them in party-line votes. During this investigation, the level of his knowing what’s going on in
the hands of the enemy of Mexico and Committee refused all Democratic requests for his agency if an international oper-
the United States—the violent drug witnesses and hearings, as well as requests to ation does not.
cartels? interview any Bush Administration appointees. So I will tell you that it was not po-
And no wonder the Attorney General Attorney General Eric Holder has produced litical when I started looking into this
of Mexico wants those in the United sufficient evidence, through thousands of and when we started looking into it. It
States who are responsible to be extra- pages of documents and testifying nine times is not political today. The way that it
dited to Mexico and tried for those pos- before the committee, to confirm that once he became political was when there was
sible crimes. Mexico is more interested learned about Operation Fast and Furious, he asserted, right before the gavel dropped
in Fast and Furious than is our own took action to bring it to a close. The denial of in the committee, an executive privi-
government. Democratic requests to interview officials of lege.
As a former judge, I can tell you that the Bush Administration on this matter only The SPEAKER pro tempore. The
contempt is used as a last resort to let further proves this is strictly a partisan political time of the gentlewoman has expired.
individuals know they will comply game to hold the first sitting Attorney General Mr. NUGENT. I yield the gentlelady
with a lawful order whether they like in contempt. an additional 15 seconds.
Mrs. ADAMS. I ask you today to ap- started by the Bush administration. The minority has submitted a re-
prove this resolution. Bring some The contempt today, Mr. Speaker, is quest for witnesses in writing and even
credibility back to our Department of for the truth. requested for a—which I guess they
Justice. If this had happened in an- Mr. NUGENT. Mr. Speaker, I just have the right to do—a day of minority
other agency throughout this Nation want to make it very clear that the witnesses, which they were told they
and if one of our officers had died and House rules of article XI talk about, would not be granted that day in a
if the Department of Justice were in- specifically, j(1) as it relates to the timely fashion.
volved in the investigation, they would rights of the minority. But you have to This is about politics. This, by all
be asking for the same documents that ask for that. A majority of the minor- measures, is about politics. Again, the
we are asking for. ity has to ask for it. It has to be fo- fact that we are doing this today, I
Mr. MCGOVERN. Mr. Speaker, let me cused on the issue at hand. They were think, diminishes the House of Rep-
just say to the gentlelady that if she is talking about issues as it related to, I resentatives.
interested in why the United States guess, gun ownership, and that was not I yield 2 minutes to the gentleman
pursued this gunwalking program, she germane to that issue. from New Jersey (Mr. ANDREWS).
should talk to the Attorney General With that, I yield 2 minutes to the (Mr. ANDREWS asked and was given
under the Bush administration, Attor- gentleman from Arizona (Mr. QUAYLE). permission to revise and extend his re-
ney General Mukasey, when this thing Mr. QUAYLE. I thank the gentleman marks.)
started 5 years ago. for yielding. Mr. ANDREWS. Mr. Speaker, every
Unfortunately, notwithstanding the Mr. Speaker, today’s vote is long Member of this Chamber wants to get
fact that the Democrats have asked overdue. For months, my colleagues to the bottom of the issue of the tragic
that he be called before the committee, and I have worked to uncover the truth death of Officer Terry. Every Member
the request has been denied. She wants about Operation Fast and Furious, of the Chamber wants to find out how
to know why this is political? The re- the ATF and Justice Department were
which cost the life of Border Patrol
quest for every single witness that the run as related to that tragedy.
Agent Brian Terry in my home State of
Democrats asked to be brought before So the committee that’s looking into
Arizona.
the committee was denied, the request this refused to hear the testimony of
Congressional efforts to get to the
for every single witness. the person running the ATF.
That is unprecedented in this House bottom of this tragedy and bring ac-
countability to those responsible were The committee that’s looking into
in any committee, the fact that the this refused to hear the testimony of
Democrats have been locked out of met with derision by Attorney General
Holder. At hearings, when we ques- the Assistant Attorney General, who
having any of their witnesses come for- was responsible for the ATF and talked
ward. This is not about gunwalking. tioned Mr. Holder, he evaded. When we
requested documents, he obfuscated. about this with Attorney General Hold-
This is not about finding the terrible er.
truth about what happened to Agent When I questioned Mr. Holder on June
The committee that is responsible for
Terry. This is about politics, plain and 8, he looked me in the eye and stated
this received thousands of pages of doc-
simple; and it diminishes this House. plainly that there was nothing whatso-
uments from the Attorney General to
I would like to yield 2 minutes to the ever in the wiretap applications that
try to get to the bottom of the matter.
gentlewoman from the District of Co- suggested the existence of a This procedure does violence to the
lumbia (Ms. NORTON). gunwalking program. Yet, all I had to American Constitution. Yes, we have
Ms. NORTON. I thank the gentleman do was review those same applications three separate branches. Those
for yielding. to see that what the attorney general branches are designed to respect each
Any doubt that today’s contempt res- had said to me, my colleagues, and to other’s prerogatives. Those branches
olution is political was put to rest the American people, was nothing but are designed to avoid a constitutional
when the NRA joined in to blowtorch a boldfaced lie. Mr. Speaker, I will re-
vulnerable Democrats to vote for con- confrontation and engage in one only
peat that again. It was a boldfaced lie. when necessary.
tempt today. Today, let Congress’ vote be a signal
The gun lobby is directly responsible In the 225-year history of this insti-
to Mr. Holder that dishonesty on the tution, there has never been a vote like
for the gap in Federal law that allowed part of administration officials will
the straw purchases of guns here that this before—never.
never be tolerated. Is it because the Attorney General
were taken to Mexico, ultimately re- Today, let this vote be a signal to
sulting in the tragic death of a border didn’t turn over documents? He turned
President Obama that the security of over thousands of pages of documents.
agent. Yet because of a political man- the American people must always come Is it because the people that know
date from the gun lobby, our com- before his own job security and the job
mittee spent no time on the root cause about this issue haven’t been made
security of his Cabinet officials. available? To the contrary. The com-
of this tragedy. Instead, after the ma- Let this vote be a reminder to Mr.
jority failed to get the documents it re- mittee refused to hear the testimony of
Holder and to President Obama that the head of the ATF and the Assistant
quested that were under court seal and despite their executive overreach,
documents related to ongoing inves- Attorney General.
there are, in fact, three coequal This procedure diminishes the House.
tigations, it asked for internal commu- branches of government.
nications that no Republican or Demo- It vandalizes the Constitution. It
Let this vote demonstrate that Con- should not go forward.
cratic administration has ever given gress has not forgotten its right or its
up. Mr. NUGENT. Mr. Speaker, I yield 30
responsibility to provide oversight and seconds to the gentleman from Utah
Instead of sparing no effort to give
to bring accountability. (Mr. CHAFFETZ).
law enforcement the tools it must have
I urge my colleagues to support the Mr. CHAFFETZ. The record will re-
to protect our border agents, our com-
rule and the underlying resolution. flect that in a bipartisan way, the Act-
mittee has spared no effort to get to
Mr. MCGOVERN. Mr. Speaker, my ing Director of the ATF, the person
today’s contempt resolution over
colleague from Florida (Mr. NUGENT) that was actually appointed by Presi-
issues unrelated to the tragic killing.
mentioned the issue of gun ownership dent Obama, was deposed by both
After 16 months, the committee found
as related to the witnesses that the Democrats and Republicans about a
no evidence that the Attorney General
or other top Justice Department offi- Democrats wanted to have appear be- year ago for 2 days around July 4. It
cials knew about the ATF gunwalking. fore the committee. How inviting the was 2 days that he was deposed. That
And the committee resolutely refused head of the ATF, which is responsible record is there. It is crystal clear.
to hear from top ATF officials who said for Operation Fast and Furious, or in- We were also denied, by the Depart-
that they, in turn, had given the Jus- viting the former Attorney General, ment of Justice, to speak with Lanny
tice Department no such information. who was briefed on gunwalking and Breuer and Kenneth Blanco, two of the
knew about it, how that has anything key central people at the highest levels
b 1310 to do with gun ownership—what that of the Department of Justice. To sug-
It is Attorney General Holder who has to do with, Mr. Speaker, is getting gest that we were given an opportunity
stopped the gunwalking authorized and to the truth. to talk to them is patently false.
The final part I will make is you So I would ask us to carefully con- vote. Mr. DINGELL, as Chair of the Energy and
can’t complain that Attorney General sider what we’re doing here today and Commerce Committee held two hearings be-
Holder was here nine times between to raise into question what we’re doing fore proceeding to a contempt vote, after he
the House and the Senate talking in to this House, to the institution, and to received President Reagan’s assertion of ex-
part about Fast and Furious and then the Presidency. I would ask my col- ecutive privilege.
say that you never had a Democratic leagues on the other side of the aisle to But on June 20th, after the invocation of ex-
witness. ask themselves whether the American ecutive privilege by President Obama, and
Mr. MCGOVERN. Mr. Speaker, we people want us to focus on their busi- over the requests of several committee mem-
need to deal with facts in this debate ness, to focus on the business of mov- bers to delay action, Chairman ISSA pro-
because this is an important matter. ing the country forward, or to simply ceeded with the contempt vote.
The gentleman just talked about play politics because you can’t win any One question that comes to my mind is why
these hearings, these meetings with other way. the rush? The Committee recently ‘‘com-
the head of the ATF. The reality was It’s a really simple proposition that’s pleted’’ a 16-month investigation, one in which
that a year ago Republican staff met in front of us today. And I would say to the committee refused all Democratic requests
with the head of the ATF on July 3 my colleagues on both sides of the for hearings and even for a single witness.
without notifying Democratic staff. aisle: it is time for us to simply walk Then one week and just seven days after the
Democratic staff were invited to come away from the nonsense that is not committee reported out the contempt resolu-
on July 4. There were no public hear- doing justice to the American people. tion on a party-line vote on June 20th, the
ings, and no Members were there. Mr. Speaker, the Republican majority is pur- House today will vote on this privileged resolu-
Again, I’m not sure what the problem suing an unprecedented and partisan constitution.
is with having the head of the ATF tional confrontation today. The last time the House voted on contempt
come before the committee so the The contempt resolution before this House resolution against executive branch officials
American people can hear what the is disgraceful and demeaning to the House. was during an investigation in the Bush ad-
truth is and what the facts are. I don’t It’s been brought forth by the other side to ministration into the firing of U.S. Attorneys. In
know why that’s such a big deal. But to drag Attorney General Holder through the mud that situation, the House Judiciary Committee
suggest that this was a bipartisan ef- and publicly accuse him and the Administra- cited two officials for contempt of Congress in
fort is just outright false. tion by extension the President of the U.S. of
Mr. Speaker, at this time, I yield 2 July 2007. The full House did not actually con-
a ‘‘cover-up’’, claiming that Attorney General sider and vote on those contempt resolutions
minutes to the gentlewoman from
Holder was ‘‘obstructing justice.’’ Republicans until eight months later in February 2008.
Maryland (Ms. EDWARDS).
Ms. EDWARDS. Mr. Speaker, the Re- even went so far as to call him a ‘‘liar’’ on na- The Obama administration has argued that
publican majority is pursuing an un- tional television—unheard of, blatantly hyper- the documents in question in this instance fall
precedented and a partisan constitu- bolic, and disrespectful to the office. within the executive privilege because they
The fact is that Chairman ISSA and the Re- have been generated in the course of the de-
tional confrontation today, and it’s un-
publicans have continuously moved the goal- liberative process concerning the Justice De-
necessary.
The contempt resolution that’s be- posts and disregarded the good faith shown partment’s response to Congressional over-
fore the House is both disgraceful and by the Attorney General, the Justice Depart- sight, not because the President knew more
it really is demeaning to this House. ment, and the President’s Administration. about this matter than he admitted to or that
It’s being brought forth by the other All told, the Department of Justice has pro- there was a conspiracy in the White House, as
side simply to drag Attorney General vided Congress with over 7,600 pages of doc- Chairman ISSA falsely asserts.
Holder through the mud and to pub- uments and has made numerous high profile For some reason, the Republican majority
licly accuse him and the administra- officials available for public congressional tes- feels that this is a pressing issue. But I can
tion and, frankly, by extension, the timony. The Attorney General himself has an- think of a large list of other issues that I feel
President of the United States, of a swered questions at nine public hearings. that Americans would rather we address.
coverup, claiming that our Attorney Last week, the Attorney General offered to It is hard to imagine that the House Repub-
General was obstructing justice. Re- provide even more internal documents, includ- lican majority’s actions are anything else be-
publicans even went so far as to call ing documents outside of Chairman ISSA’S sides election-year politics designed to make
him a liar on national television. This subpoena. All the Attorney General requested this administration look bad. This resolution
is unheard of, it is hyperbolic, and it’s was a show of good faith on the part of the will not create jobs, nor will it strengthen our
disrespectful to the office and dis- Republican majority to resolve the contempt economic recovery. It is far past time to get-
respectful to this House. issue, but they refused. That’s because the ting around to solving the real problems that
The fact is that Chairman ISSA and Republicans are not looking to compromise. the American people sent each of us here to
Republicans have continuously moved They are looking simply to score political resolve.
the goalpost and disregarded the good points at the expense of the integrity of the I urge my colleagues on both sides of the
intent and good faith shown by the At- House. aisle to carefully consider what we are about
torney General, the Justice Depart- And so, on June 11th, Chairman ISSA an- to do today. Never in our nation’s history has
ment, and the President’s administra- nounced his intention to hold a contempt vote. the House voted to hold a sitting Attorney
tion. On June 20th, just nine short days later, General in contempt. I urge my colleagues to
As has been said before, the Depart- Chairman ISSA called the vote after the Presi- vote down this partisan and political contempt
ment of Justice has provided the Con- dent invoked executive privilege. resolution.
gress with over 7,600 pages of docu- From George Washington to George W.
ments and made numerous officials Bush, Presidents of both political parties have b 1320
available for testimony, but that’s asserted executive privilege to protect the con- Mr. NUGENT. Mr. Speaker, I would
been rebuffed. Just last week, the At- fidentiality of certain kinds of executive branch like to inquire how much time re-
torney General offered to provide even information in response to demands by Con- mains.
more internal documents and requested gress. In fact, dating back to President The SPEAKER pro tempore. The gen-
a show simply of good faith on the part Reagan, Presidents have asserted executive tleman from Florida has 91⁄2 minutes
of the Republican majority that they privilege 24 times. remaining. The gentleman from Massa-
wanted to resolve the contempt issue, In previous situations, Committee Chairman chusetts has 10 minutes remaining.
but they refused, choosing this con- put off contempt proceedings in order to con- Mr. NUGENT. I will continue to re-
stitutional confrontation instead. duct serious and careful review of Presidential serve the balance of my time.
That’s because the Republicans, to be assertions of executive privilege. Then Over- Mr. MCGOVERN. Mr. Speaker, I yield
clear, are not interested in a resolu- sight and Government Reform Chairman WAX- 2 minutes to the gentleman from Cali-
tion. They’re not looking to com- MAN put off a contempt vote after President fornia (Mr. SCHIFF).
promise. They’re only looking to score Bush asserted executive privilege in the Mr. SCHIFF. I thank the gentleman
political points at the expense of the Valarie Plame investigation. Chairman WAX- for yielding.
integrity of the House and the good MAN did the same when President Bush as- I rise in strong opposition to this res-
name of the President and the Attor- serted the privilege relating to EPA ozone reg- olution. What began as a legitimate in-
ney General. ulations—on the same day as the contempt vestigation into an operation called
Fast and Furious has, unfortunately, legal power to keep something secret does the Attorney General, he would have long
degenerated into yet another partisan not mean you should always use it. ago been found unsuitable for government
political attack in an election year. He went on to say: employment and terminated.’’
‘‘The heroism that Border Patrol Agent
And it’s a shame this is taking place I expect members of my administration Brian Terry demonstrated on that cold night
for many reasons. First and foremost, not simply to live up to the letter but also in the dessert of Arizona was in keeping with
because the American people have a le- the spirit of this law. the finest traditions of the United States
gitimate interest in getting to the bot- He went on to send something to all Border Patrol and will never be forgotten by
tom of the gun violence that spills of the department heads. He said: those who patrol this nation’s borders. We
across our border, with the tens of cannot allow our agents to be sacrificed for
Government should not keep information
no gain and not hold accountable those who
thousands of weapons made in America confidential merely because public officials
approved the ill conceived ‘Operation Fast
that end up in the hands of the cartels. might be embarrassed by disclosure, because
and Furious’ ’’, said McCubbin.
But instead of looking into that inves- errors or failures might be revealed, or be- ‘‘The political shenanigans surrounding
tigation, instead of finding out what cause of speculative or abstract fears. this scandal and the passing of blame must
we can do about this gun violence, this The President further said, relating stop.’’ A Border Patrol agent cannot acciden-
has now become a fight over docu- to Fast and Furious: tally step foot into Mexico without a myriad
ments, a fight that is completely un- There may be a situation here in which a of U.S. and Mexican government agencies
being made aware, so there is no possible
necessary and unjustified. serious mistake was made, and if that’s the
way that this operation was conducted with-
The very documents that are at issue case, we will find out, and we will hold some-
out the knowledge and tacit approval of the
in this resolution were created after body accountable.
Department of Justice and the Obama ad-
this operation had long since been shut We have a dead Border Patrol agent. ministration.
down. They will shed no light on the We have over 200 dead Mexican people. Mr. MCGOVERN. Mr. Speaker, I yield
operation. They will shed no light on We have a program that the Attorney myself 15 seconds.
what we can do to stop this gun traf- General called ‘‘fundamentally Mr. Speaker, if this is about open-
ficking. But then that’s not the goal. flawed.’’ We have thousands of weapons ness, then why does the committee
The goal here is simply the fight. that are missing. We have a duty, an have secret meetings where they lock
The Justice Department has bent obligation to pursue this to the fullest Democrats out? If this is about open-
over backwards, produced thousands of extent and to make sure that we have ness, then why won’t they let any
documents. The Attorney General has all those documents so we can make Democratic witnesses appear before the
testified eight or nine times before the sure that it never, ever happens again. committee?
House, has made every effort to cooper- Now there are 140,000 documents, ac- And since there seems to be some
ate in this investigation, but the com- cording to the Attorney General, that confusion as to whether or not Demo-
mittee will not take ‘‘yes’’ for an an- deal with Fast and Furious. We’ve been crats actually formally requested wit-
swer because that’s not the goal. The given less than 8,000 of those. Less than nesses, I will insert into the RECORD a
fight is the goal. 8,000 of those. We deserve to have that. letter to the Honorable DARRELL ISSA
And so we are here when we should be Also, I will be submitting for the on October 28, on November 4, and on
doing the Nation’s business, when we RECORD this statement from the Na- February 2, requesting witnesses, in-
should be working on legislation to tional Border Patrol Council. This is cluding the former Attorney General
create jobs. Instead, we are here in the AFL–CIO-oriented organization of Mukasey and Mr. Melson, the head of
what is nothing less than a partisan 17,000 Border Patrol members who call the ATF.
brawl over nothing. And you know how for the resignation of Attorney General COMMITTEE ON OVERSIGHT AND GOV-
this will end? It will end months or Holder. In fact, they say that it’s ‘‘a ERNMENT REFORM, HOUSE OF REP-
RESENTATIVES,
years from now with a settlement in slap in the face to all Border Patrol
Washington, DC, October 28, 2011.
Federal District Court in which the agents who serve this country’’ and Hon. DARRELL E. ISSA,
Justice Department will provide the ‘‘an utter failure of leadership at the Chairman, Committee on Oversight and Govern-
very same documents they have al- highest levels of government.’’ ment Reform, House of Representatives,
ready offered to provide. But we will ‘‘If Eric Holder were a Border Patrol Washington, DC.
have wasted our time; we will have agent and not the Attorney General, he DEAR MR. CHAIRMAN: As I have stated re-
wasted our money; and we will have would have long ago been found unsuit- peatedly, I believe Operation Fast and Furi-
wasted the precious opportunity to get able for government employment and ous was a terrible mistake with tragic con-
sequences. As I have also stated, I support a
the people’s business done here in the terminated.’’
fair and responsible investigation that fol-
House. These are from the people on the lows the facts where they lead, rather than
In case the majority hasn’t noticed, front lines. We have an obligation to drawing conclusions before evidence is gath-
we are in the midst of a very difficult get to the bottom of this. ered or ignoring information that does not
economy, where people are struggling [From the National Border Patrol Council, fit into a preconceived narrative.
to find work. They are not struggling June 20, 2012] On several occasions over the past month,
to find another partisan fight on the you have called on Attorney General Eric
NBPC CALLS FOR THE RESIGNATION OF
Holder to appear before the House Judiciary
House floor. This is something that ATTORNEY GENERAL ERIC HOLDER
Committee to answer questions about when
cried out for resolution, but those cries JUNE 18, 2012.—The union representing U.S. he first became aware of the controversial
were ignored. I urge a ‘‘no’’ vote. Border Patrol agents called for the resigna- tactics used in Operation Fast and Furious.
Mr. NUGENT. Mr. Speaker, I yield 2 tion of Attorney General Eric Holder for his The Attorney General has now agreed to tes-
minutes to the gentleman from Utah role in the ‘‘Operation Fast and Furious’’ tify before the House Judiciary Committee
(Mr. CHAFFETZ). gun smuggling scandal that directly resulted on December 8, 2011, when you will have an-
in the murder of Border Patrol Agent Brian other opportunity to question him directly.
Mr. CHAFFETZ. Mr. Speaker, the Terry on December 15, 2010. With respect to our own Committee’s in-
reason I am so passionate about this National Border Patrol Council President vestigation, I do not believe it will be viewed
issue is that it’s about openness, it’s George E. McCubbin III called the actions of as legitimate or credible—and I do not be-
about transparency, it’s about the idea the Attorney General Holder, ‘‘A slap in the lieve the public record will be complete—
that there is no one person in our gov- face to all Border Patrol agents who serve without public testimony from Kenneth
ernment that’s above the law; that this country’’ and ‘‘an utter failure of leader- Melson, who served as the Director of the
when you have a duly issued subpoena, ship at the highest levels of government.’’ Bureau of Alcohol, Tobacco, Firearms, and
you comply with that subpoena. Border Patrol agents are indoctrinated Explosives (ATF).
from day one of their training that integrity A hearing with Mr. Melson would help the
In fact, I would like to hearken back is their most important trait as a Border Pa- Committee and the American people better
to the remarks by President Obama as trol agent and that without it they have lit- understand what mistakes were made in Op-
he took office. He said: tle use to the agency. Border Patrol agents eration Fast and Furious, how these tactics
Let me say as simply as I can. Trans- are quickly disciplined whenever they lie or originated, who did and did not authorize
parency and the rule of law will be the show a lack of candor. The standard that ap- them. and what steps are being taken to en-
touchstones of this presidency. I will also plies to these agents should at a minimum be sure that they are not used again.
hold myself, as President, to a new standard applied to those who lead them. ‘‘If Eric Our staffs have already conducted tran-
of openness. But the mere fact that you have Holder were a Border Patrol agent and not scribed interviews with Mr. Melson and the
former Deputy Director of ATF, William The next day, Special Agent in Charge COMMITTEE ON OVERSIGHT AND GOV-
Hoover. During those interviews, these offi- Newell responded in an e-mail, stating: ERNMENT REFORM, HOUSE OF REP-
cials expressed serious concerns about the I’m so frustrated with this whole mess I’m RESENTATIVES,
controversial tactics employed by the Phoe- Washington, DC, February 2, 2012.
shutting the case down and any further at-
nix Field Division of ATF as part of this op- Hon. DARRELL E. ISSA,
tempts to do something similar. We’re done
eration. They also raised concerns about the Chairman, Committee on Oversight and Govern-
trying to pursue new and innovative initia-
manner in which the Department of Justice ment Reform, House of Representatives,
tives—it’s not worth the hassle.
responded to congressional inquiries. Washington, DC.
Both officials also stated that they had not It is unclear from the documents what DEAR MR. CHAIRMAN: Given your state-
been aware of the controversial tactics being changed between October 6, 2007, when Spe- ments at today’s hearing, I am writing to
used in Operation Fast and Furious, had not cial Agent in Charge Newell indicated that formally reiterate my previous request for
authorized those tactics, and had not in- he was shutting down these operations, and the Committee to hold a public hearing with
formed anyone at the Department of Justice November 16, 2007, when Attorney General former Attorney General Michael Mukasey.
headquarters about them. They stated that Mukasey was presented with a proposal to On November 4, 2011, I wrote to you re-
Operation Fast and Furious originated with- expand them. The documents do not indicate questing a public hearing with Mr. Mukasey
in the Phoenix Field Division, and that ATF whether Attorney General Mukasey read in order to assist the Committee’s efforts in
headquarters failed to properly supervise it. this briefing paper or how he responded to understanding the inception and develop-
Since the Attorney General has now agreed the proposal to expand these operations. ment of so-called ‘‘gunwalking’’ operations
to appear before Congress in December, I be- over the past five years in Arizona.
lieve Members also deserve an opportunity ADDITIONAL GUN-WALKING OPERATIONS DURING As I described in the letter, the Committee
to question Mr. Melson directly, especially THE BUSH ADMINISTRATION has now obtained a briefing paper prepared
since he headed the agency responsible for for Mr. Mukasey prior to a meeting with
Other documents obtained by the Com-
Operation Fast and Furious. My staff has Mexican Attorney General Medina Mora. The
mittee indicate that the officials who pre-
been in touch with Mr. Melson’s attorney, briefing paper describes efforts in 2007 by the
who reports that Mr. Melson would be pared the November 16, 2007, briefing paper Bureau of Alcohol, Tobacco, Firearms and
pleased to cooperate with the Committee. for Attorney General Mukasey were aware Explosives (ATF) to coordinate interdiction
Thank you for your consideration of this that it did not disclose the full scope of pre- efforts with Mexico after firearms crossed
request. vious gun-walking operations. After review- the border. The briefing paper warns, how-
Sincerely, ing the briefing paper, Mr. Carroll wrote an ever, that ‘‘the first attempts at this con-
ELIJAH E. CUMMINGS, e-mail to Mr. Hoover, stating: ‘‘I am going to trolled delivery have not been successful.’’
Ranking Member. ask DOJ to change ‘first ever’.’’ He added: Despite these failures, the briefing paper
‘‘there have [been] cases in the past where proposes expanding such operations in the
COMMITTEE ON OVERSIGHT AND GOV- we have walked guns.’’ future. It states:
ERNMENT REFORM, HOUSE OF REP- Mr. Carroll’s statement appears to be a ref- ATF would like to expand the possibility
RESENTATIVES, erence to an earlier operation in 2006 known of such joint investigations and controlled
Washington, DC, November 4, 2011. as Operation Wide Receiver. The documents deliveries—since only then will it be possible
Hon. DARRELL E. ISSA, obtained by the Committee do not indicate to investigate an entire smuggling network,
Chairman, Committee on Oversight and Govern- whether Attorney General Mukasey was in rather than arresting simply a single smug-
ment Reform, House of Representatives, fact informed about this operation, which oc- gler.
Washington, DC. curred a year earlier. Since I sent the letter to you in November,
DEAR MR. CHAIRMAN: I am writing to re- the Committee has not held a public hearing
quest that the Committee hold a hearing The documents obtained by the Committee with Mr. Mukasey.
with former Attorney General Michael appear to directly contradict your claim on In addition to these documents, I issued a
Mukasey in order to assist our efforts in un- national television that gun-walking oper- report this week documenting that Oper-
derstanding the inception and development ations under the previous Administration ation Fast and Furious was actually the
of so-called ‘‘gun-walking’’ operations over were well coordinated. During an appearance fourth in a series of reckless operations run
the past five years. on Face the Nation on October 16, 2011, you by the Phoenix Field Division of ATF and
THE MUKASEY MEMO asserted: the Arizona U.S. Attorney’s Office dating
We know that under the Bush Administra- back to 2006 involving hundreds of weapons
Documents obtained by the Committee in-
tion there were similar operations, but they across two administrations.
dicate that Attorney General Mukasey was
were coordinated with Mexico. They made At today’s hearing, several Members of the
briefed on November 16, 2007, on a botched
Committee acknowledged that the docu-
gun-walking operation by the Bureau of Al- every effort to keep their eyes on the weap-
ments obtained by the Committee do not in-
cohol, Tobacco, Firearms, and Explosives ons the whole time.
dicate that Mr. Mukasey approved
(ATF). A briefing paper prepared for Attor- Your assertion was particularly troubling gunwalking, just as they do not indicate
ney General Mukasey prior to a meeting since the Committee obtained these e-mail that Attorney General Holder approved
with Mexican Attorney General Medina exchanges in July, several months before gunwalking. Nevertheless, these Members
Mora describes ‘‘the first-ever attempt to
your appearance on Face the Nation. expressed their belief that Mr. Mukasey’s
have a controlled delivery of weapons being
public testimony is necessary if the Com-
smuggled into Mexico by a major arms traf- CONCLUSION
mittee intends to conduct a thorough and
ficker.’’ The briefing paper warns, however,
Over the past year, you have been ex- evenhanded investigation of this five-year
that ‘‘the first attempts at this controlled
tremely critical of Attorney General Eric history of gunwalking in Arizona.
delivery have not been successful.’’ Despite
Holder, arguing that he should have known During an exchange with Committee Mem-
these failures, the briefing paper proposes
about the controversial tactics employed in ber Gerry Connolly at today’s hearing, you
expanding such operations in the future. It
these operations. He has now agreed to your stated that you were open to all requests for
states:
request to testify before the House Judiciary hearings relating to this investigation. At-
ATF would like to expand the possibility
Committee on December 8, 2011, to answer torney General Holder has now testified pub-
of such joint investigations and controlled
licly six times about these issues. It is only
deliveries—since only then will it be possible additional questions about these operations.
appropriate for the Committee and the pub-
to investigate an entire smuggling network, Given the significant questions raised by lic to hear testimony from Mr. Mukasey at
rather than arresting simply a single smug- the disclosures in these documents, our Com- least once.
gler. mittee’s investigation will not be viewed as Thank you for your consideration of this
Attorney General Mukasey’s briefing paper
credible, even-handed, or complete unless we request.
was prepared only weeks after ATF officials
hear directly from Attorney General Sincerely,
had expressed serious concerns with the fail-
Mukasey. ELIJAH E. CUMMINGS,
ure of these tactics and claimed they were
During a press appearance on Wednesday, Ranking Member.
shutting them down. After ATF officials dis-
covered that firearms were not being inter- you stated: ‘‘Our job for the American people Mr. MCGOVERN. I yield 2 minutes to
dicted, William Hoover, then ATF’s assistant is to make sure—since they say they the gentleman from Georgia (Mr. JOHN-
director of field operations, wrote an e-mail shouldn’t walk guns and they did walk SON).
on October 5, 2007, to Carson Carroll, ATF’s guns—is that we know they’ll never walk Mr. JOHNSON of Georgia. Mr. Speak-
assistant director for enforcement programs, guns again.’’ I completely agree with this er, today we need to understand that
stating: statement, and I believe my request will help
us fulfill our shared goal. Thank you for
there are two classes of documents.
I do not want any firearms to go South
until further notice. I expect a full briefing your consideration of this request. The ones that relate to pending crimi-
paper on my desk Tuesday morning from Sincerely, nal investigations, those are not dis-
SAC Newell [Special Agent in Charge Wil- ELIJAH E. CUMMINGS, coverable or cannot be distributed out-
liam Newell] with every question answered. Ranking Member. side of the Justice Department under
penalty of U.S. law. You can get 5 then was approved by the U.S. attorney they have lost all sense of principle—
years for doing that. You can’t expect in the Phoenix area, and then went to this is a disgraceful act.
the Attorney General to turn those the Department of Justice—not to the But we will get through it. We are a
over. The other class of documents is head of ATF—but to the Department of big country, and the American people
internal communications. There may Justice, to DOJ and their leadership, to will recognize the disservice that the
be some whiff of discoverable informa- be approved. Republican majority brings to this
tion in those, but they’re covered by floor today.
b 1330 I wouldn’t be surprised, at the end of
executive privilege. And you really
don’t know why the Attorney General It is essential that we know what was the day, whether we couldn’t even find
has invoked executive privilege on done there and who did it in the proc- this Congress held in more contempt
those issues, but we have to trust the ess. So this is not some ancillary thing than it is now. I think we’re at a 9 per-
fact that there’s good reason for that that’s added to it. This is an important cent approval rate. That’s because of
to be the case. part of this process. the actions of this majority. And the
Now when you compare what has Now, there’s all this obfuscation to public will have to take account of
gone on today and over the last 7 days say it’s Bush’s fault, this is political, that as we go forward.
with what happened the day that Presi- there’s not enough witnesses. The es- Mr. NUGENT. I reserve the balance
dent Obama was sworn in, you can un- sence of this particular contempt deals of my time.
derstand why they’re doing what with the documents that, on February Mr. MCGOVERN. Mr. Speaker, I yield
they’re doing today. You see, not very 4 of last year, the Department of Jus- 2 minutes to the gentlelady from Cali-
long after President Obama was sworn tice sent us a letter that said they had fornia (Ms. SPEIER).
in, we got word that MITCH MCCONNELL no idea about this. And then by Decem- Ms. SPEIER. I thank the gentleman
said that his mission was to make ber, after all yearlong saying, No, we from Massachusetts.
didn’t know, we didn’t know, we didn’t This should be labeled ‘‘Fast and
President Obama a one-term President.
know, come back in December and say, Foolish’’ or maybe ‘‘Fast and Fake.’’
And then we know that later on that
Oops, we did. It is what Eric Holder has We are not talking about gunwalking
afternoon, later that evening, when ev-
called his evolving truth. here. We are doing nothing to help the
eryone else was enjoying themselves at
We want to know the facts of how it family of Brian Terry recover. What
the Presidential balls, there was a
started here and went here. There’s we’re talking about are interoffice
group of Congresspeople—leadership in
130,000 documents that they say they emails between the administration ex-
the Republican Party—that were
have. They have turned over a little ecutives in the AG’s office. I want ev-
scheming on how they were going to
over 7,000 of those documents. This is eryone here to be willing to turn over
disrupt and say ‘‘no’’ and obstruct ev-
not the prerogative for them to con- all of their interoffice emails.
erything that this President put forth. But, more importantly, let’s talk
So they have done that. They have tinue to hold and conceal those docu-
ments. about whether there’s precedence for
done everything they can to make this the assertion of executive privilege.
President look bad. The SPEAKER pro tempore. The
time of the gentleman has expired. And let me just point to a number of
This is a manufactured crisis. It has
Mr. NUGENT. I yield the gentleman cases when executive privilege was as-
no legal substance whatsoever. This is
an additional 15 seconds. serted for noninvolved Presidential
just simply a cheap political stunt to
Mr. LANKFORD. Fast and Furious communications.
bring disfavor upon the President of In October 1981, President Reagan as-
the United States. And I ask my col- has moved to slow and tedious. We
have got to have those documents to be serted executive privilege over internal
leagues to not let us sink to this level. deliberations within the Department of
It is the first time in history that any able to finish up this investigation. It
should have long since been done. the Interior concerning, interestingly
Cabinet member has been found in con- enough, the Mineral Lands Leasing
tempt of Congress. This is truly sad- Eric Holder told our chairman that
he has these documents, but he’s using Act.
dening. In October 1982, President Reagan as-
Mr. NUGENT. Mr. Speaker, I yield 90 the documents as a bargaining chip to
get a better deal. This is not the pre- serted executive privilege over internal
seconds to the gentleman from Okla- EPA files concerning Superfund provi-
homa (Mr. LANKFORD). rogative when we have a subpoena.
We are not looking for some conflict sions.
Mr. LANKFORD. Mr. Speaker, I In July 1986, President Reagan as-
would have to concur. This is an in- with the administration. We’re looking
serted executive privilege over docu-
credibly sad day. This administration to get to the facts.
ments written by William Rehnquist
that started talking about trans- Mr. MCGOVERN. Mr. Speaker, I yield
when he was the head of the OLC at
parency has now sunk to the level of 11⁄2 minutes to the gentleman from
DOJ.
actually concealing documents. Pennsylvania (Mr. FATTAH). In August 1991, President George
Never has an Attorney General been Mr. FATTAH. I thank the gentleman. H.W. Bush asserted executive privilege
held in contempt of Congress because I served for many years on the Over-
over an internal Defense Department
every other Attorney General has sight and Government Reform Com-
memorandum regarding an aircraft de-
turned over documents to Congress mittee. I’ve been involved in a lot of
velopment contract.
when they were requested. This Attor- these investigations over time. I served In December 2011, President George
ney General has not. for many years on the House Ethics W. Bush asserted executive privilege
I would just compare this whole con- Committee. over internal Justice Department ma-
troversy with the Secret Service scan- The Congress should be embarrassed terials relating to prosecutorial deci-
dal from several months ago. They put about the conduct of this investigation sionmaking.
everything out, released all the docu- and the charade that brings us to the It has been done many, many times
ments, walked through it. It was done. floor today. The Attorney General before by Republican Presidents. What
The GSA scandal, released all the docu- can’t provide these documents. The we are doing here is a travesty to this
ments, held people accountable. It was President has protected them under ex- institution and to this country.
done. ATF even, when we started this ecutive order, executive privilege, Mr. NUGENT. I continue to reserve
investigation a year and a half ago, put which means that the person who the balance of my time.
all their documents out, put all their works for the President can’t provide Mr. MCGOVERN. Mr. Speaker, can I
people out, done. them to the Congress. We all know inquire of the gentleman from Florida
As soon as we get to the Department that. So to take a decent man who’s how many more speakers he has, be-
of Justice, it’s slow. It’s delay, it’s served his country in almost every ca- cause we have no more speakers on this
delay, it’s delay. The question is, Why? pacity—as a military veteran, as a U.S. side but myself.
Why this matters when we get to the attorney here in D.C., as a judge—and Mr. NUGENT. We have no more
Department of Justice documents? Be- to drag his name wrongfully before this speakers.
cause in the Phoenix office, everything House, this majority, which clearly has Mr. MCGOVERN. Mr. Speaker, I yield
was organized in the Phoenix office, lost its way—in their pursuit of power, myself the balance of my time.
Mr. Speaker, there isn’t a single per- the Constitution in regards to our abil- tunately, some have been recovered in
son in this House who doesn’t honor ity to have oversight. Mexico and have led to deaths in Mex-
the service of Agent Terry. There isn’t I hear this stuff about witch hunt and ico. One has to wonder how many of
a single person in this House who does about politics and it gets me sick, be- those guns are going to lead to deaths
not want justice for Agent Terry’s fam- cause I will tell you this: as a former here in America.
ily—and the truth. There isn’t a single law enforcement officer, we should be You know, when I raised my hand,
person in this House, I believe, who more worried about what lousy policies along with everybody else, it was to
doesn’t want to get to the bottom of that Attorney General Holder has cov- support and defend the Constitution.
how gunwalking started and how these ered up that caused the death of one of When I raised my hand as a sheriff, it
operations were so terribly botched. our own in protecting this country. was to support and defend the Con-
But every single attempt for an even- That’s what this is all about. This is stitution. And when Officer Terry
handed investigation has been thwart- about holding people accountable. raised his hand, it was to support and
ed by the Republican majority. There I hear a lot of things down here. But defend the Constitution and the laws of
has not been an evenhanded investiga- the rule of law, when I was subpoenaed the United States of America.
tion. Every single witness that the as a sheriff, we complied with the sub- We owe it to all of our law enforce-
Democrats requested to be called be- poena. I understand that the Attorney ment officers—Federal law enforce-
fore the committee was refused. Every General feels that he’s above the law in ment officers, in particular—on this
single witness. It’s unprecedented. regards to the subpoena, and I under- issue, to make sure that they’re pro-
Let me say that Eric Holder is a good stand the President’s come in to protected. And to all of our local law en-
and decent and honorable man. He’s tect him. forcement officers who are going to be
doing an excellent job as Attorney But we talk about this body and what the first line of defense on the streets
General. He does not deserve this. And the American people think. How about of our cities and counties, they have a
this institution does not deserve this. we do the right thing, Mr. Speaker, and right to know what this Attorney Gen-
I say to my friends on the other side we move forward and do the right thing eral’s office and the leadership has
of the aisle: Do you really want to go in regards to all the Attorney General done, not giving people a free pass be-
down this road? This is a race to the has to do is comply with the subpoena. cause it is expedient to do and because
bottom. This is a witch hunt. This is By saying that he’s bent over back- we really don’t want to hear what the
politics, pure and simple. It diminishes wards, I would suggest to you that absolute facts are. Let’s just push the
this House of Representatives. We are under 8,000 pages of documents out of facts aside.
better than this. 140,000 is not bending over backwards.
Does everything have to be a con- This is about our constitutional re- Those on the other side of the aisle
frontation? Does everything have to be sponsibility to provide oversight. This really don’t want to talk about the
in your face? is about our constitutional responsi- facts. They want to talk about it is a
Now, you want to maintain your ma- bility to make sure that the Federal witch hunt or it’s politics.
jority. I get it. You want to win elec- Government stays on track, that these The facts are clear. Officer Terry is
tions. That’s understandable. But at executive branch decisions that are dead. Officer Terry died because weap-
what cost? Do we really need to drag made don’t put more Americans at ons were allowed to walk from the
the House of Representatives down this risk. United States under the nose of the
road? Nobody seems to care about the 200- ATF and under the nose of the Attor-
This is a stain on this House of Rep- plus Mexican nationals that have been ney General’s office through an
resentatives. We should not be here killed. Obviously, Mexico cares because OCDETF case. Those are the facts.
today. We should be talking about jobs they want to indict those that were re- I would suggest that we should find
and putting people back to work and sponsible for coming up with this failed out how did that come to pass. And
about making sure student loans don’t idea. then in regards to what was transpired
double. But instead, we are doing this. and sent to Congress and Members of
b 1340
This is so political and so blatantly Congress about the fact that it didn’t
partisan that I think the American This is about Congress doing its con- really occur, and then 10 months later,
people are sickened by this. And as a stitutional responsibility, holding Oh, by the way, you know that memo
number of people have said, You want hearings to find out what happened. we sent, it wasn’t correct; we did, in
to know why the approval rating is so And when the Federal Government or fact, allow guns to walk.
low? Watch the videotape of this de- branches of the Federal Government
We put law enforcement officers of
bate here today. We should be doing stand in the way and obstruct, that’s
the United States of America at risk
the peoples’ business. not the right thing to do. My friends on
because this Federal Government had a
This is not the peoples’ business. the other side of the aisle should be
botched idea and a bad idea.
This is not about getting to the truth more concerned that the Attorney Gen-
in the case of Agent Terry. This is a eral has said to the Congress: Guess Mr. NUGENT. With that, I yield back
political maneuver to go after this ad- what, you don’t matter. the balance of my time, and I move the
ministration. And this has, unfortu- Congress does matter. Congress has a previous question on the resolution.
nately, become a trend and a pattern in constitutional responsibility, Mr. The previous question was ordered.
this Congress. We need to find a way to Speaker, to do just that, to have over- The SPEAKER pro tempore. The
solve our problems without always sight over the executive branch, and question is on the resolution.
having these big confrontations. the subpoena is a tool to allow us to do The question was taken; and the
So I urge my colleagues on the other that. And, unfortunately, this Attor- Speaker pro tempore announced that
side of the aisle, don’t go down this ney General feels he doesn’t have to the noes appeared to have it.
road. We urged the Speaker of the comply. I beg to differ.
Mr. MCGOVERN. Mr. Speaker, on
House yesterday to pull this from the I think the American people—but
that I demand the yeas and nays.
floor. This is wrong. Please defeat this more than that, the family of Officer
Terry—deserve to know what tran- The yeas and nays were ordered.
rule.
The SPEAKER pro tempore. Pursu-
I yield back the balance of my time. spired and what the end of this is. And
Mr. NUGENT. Mr. Speaker, I yield I think that we should be protecting ant to clause 8 of rule XX, this 15-
myself such time as I may consume. those law enforcement officers that are minute vote on House Resolution 708
This is about Agent Terry, who gave out there today. In the United States will be followed by 5-minute votes on
his life for this country. This is about of America, they are going to be facing suspending the rules and passing: H.R.
what this government has done not to these same guns that were walked dur- 4251, if ordered; and H.R. 4005, if or-
expose the truth but to block the ing Fast and Furious. If you read the dered.
truth. This is about calling on the At- transcripts, hundreds—hundreds—of The vote was taken by electronic de-
torney General to follow the Constitu- guns walked. Some have been recov- vice, and there were—yeas 254, nays
tion. It’s about us following article I of ered in the United States. And, unfor- 173, not voting 5, as follows:
[Roll No. 437] Chu Hirono Polis The SPEAKER pro tempore. In the
Cicilline Holden Price (NC)
YEAS—254 Clarke (MI) Holt Quigley
opinion of the Chair, two-thirds being
Adams Goodlatte Olson Clarke (NY) Honda Rangel in the affirmative, the ayes have it.
Aderholt Gosar Owens Clay Hoyer Reyes Mr. DENT. Mr. Speaker, on that I de-
Akin Gowdy Palazzo Cleaver Israel Richardson mand the yeas and nays.
Alexander Granger Paul Clyburn Jackson Lee Richmond
Cohen (TX) Rothman (NJ)
The yeas and nays were ordered.
Amash Graves (GA) Paulsen
Amodei Graves (MO) Pearce
Connolly (VA) Johnson (GA) Roybal-Allard The SPEAKER pro tempore. This is a
Austria Griffin (AR) Conyers Kaptur Ruppersberger 5-minute vote.
Pence
Bachmann Griffith (VA) Cooper Keating Rush
Peterson
Costa Kildee
The vote was taken by electronic de-
Bachus Grimm Petri Ryan (OH)
Barletta Guinta Costello Kucinich Sánchez, Linda
vice, and there were—yeas 402, nays 21,
Pitts
Barrow Guthrie Platts
Courtney Langevin T. not voting 9, as follows:
Bartlett Hall Critz Larsen (WA) Sanchez, Loretta
Poe (TX) Crowley Larson (CT)
[Roll No. 438]
Barton (TX) Hanna Pompeo Sarbanes
Bass (NH) Harper Cuellar Lee (CA)
Schakowsky
YEAS—402
Posey Cummings Levin
Benishek Harris Price (GA) Schiff Ackerman Costa Hastings (FL)
Berg Hartzler Davis (CA) Lewis (GA) Adams
Quayle Schrader Costello Hastings (WA)
Biggert Hastings (WA) Davis (IL) Lipinski Aderholt
Rahall Schwartz Courtney Hayworth
Bilbray Hayworth DeFazio Loebsack Akin
Reed Scott (VA) Cravaack Heck
Bilirakis Heck DeGette Lofgren, Zoe Alexander
Rehberg Scott, David Crawford Heinrich
Bishop (UT) Hensarling DeLauro Lowey Altmire
Reichert Serrano Crenshaw Hensarling
Black Herger Deutch Luján Amodei
Sewell Critz Herger
Blackburn Herrera Beutler Renacci Dicks Lynch
Sherman Andrews Crowley Herrera Beutler
Bonner Hochul Ribble Dingell Maloney
Shuler Austria Cuellar Higgins
Bono Mack Huelskamp Rigell Doggett Markey
Sires Baca Culberson Himes
Boren Huizenga (MI) Rivera Doyle Matsui
Slaughter Bachmann Cummings Hinchey
Boswell Hultgren Roby Edwards McCarthy (NY)
Smith (WA) Bachus Davis (CA) Hinojosa
Boustany Hunter Roe (TN) Ellison McCollum Baldwin
Speier Davis (IL) Hirono
Brady (TX) Hurt Rogers (AL) Engel McDermott Barber
Stark Davis (KY) Hochul
Brooks Issa Rogers (KY) Eshoo McGovern Barletta
Sutton DeFazio Holden
Broun (GA) Jenkins Rogers (MI) Farr McNerney Barrow
Thompson (CA) DeGette Holt
Buchanan Johnson (IL) Rohrabacher Fattah Meeks Bartlett
Thompson (MS) DeLauro Honda
Bucshon Johnson (OH) Rokita Filner Michaud Barton (TX)
Tierney Denham Hoyer
Buerkle Johnson, Sam Rooney Frank (MA) Miller (NC) Bass (CA)
Tonko Dent Huizenga (MI)
Burgess Jones Ros-Lehtinen Fudge Miller, George Bass (NH)
Towns DesJarlais Hultgren
Burton (IN) Jordan Roskam Garamendi Moore Benishek
Tsongas Deutch Hunter
Calvert Kelly Ross (AR) Gonzalez Moran Berg Diaz-Balart Hurt
Camp Green, Al Murphy (CT) Van Hollen
Kind Ross (FL) Berkley Dicks Israel
Campbell King (IA) Green, Gene Nadler Velázquez
Royce Berman Dingell Issa
Canseco King (NY) Grijalva Napolitano Visclosky
Runyan Biggert Doggett Jackson Lee
Cantor Kingston Gutierrez Neal Wasserman
Ryan (WI) Bilbray Dold (TX)
Capito Kinzinger (IL) Hahn Olver Schultz
Scalise Bilirakis Donnelly (IN) Jenkins
Carter Kissell Hanabusa Pallone Waters
Schilling Bishop (GA) Doyle Johnson (GA)
Cassidy Kline Hastings (FL) Pascrell Watt
Schmidt Bishop (NY) Dreier Johnson (IL)
Chabot Labrador Heinrich Pastor (AZ) Waxman
Schock Bishop (UT) Duffy Johnson (OH)
Chaffetz Lamborn Higgins Pelosi Welch
Schweikert Black Edwards Johnson, Sam
Chandler Lance Himes Perlmutter Wilson (FL)
Scott (SC) Blackburn Ellison Jordan
Coble Landry Hinchey Peters Woolsey
Scott, Austin Blumenauer Ellmers Keating
Coffman (CO) Lankford Hinojosa Pingree (ME) Yarmuth Bonamici
Sensenbrenner Engel Kelly
Cole Latham Sessions NOT VOTING—5 Bonner Eshoo Kildee
Conaway LaTourette Shimkus Bono Mack Farenthold Kind
Cravaack Latta Cardoza Jackson (IL) Lewis (CA) Boren Farr King (IA)
Shuster
Crawford LoBiondo Forbes Johnson, E. B. Boswell Fattah King (NY)
Simpson
Crenshaw Long Boustany Filner Kinzinger (IL)
Culberson Lucas
Smith (NE) b 1407 Brady (PA) Fincher Kissell
Smith (NJ)
Davis (KY) Luetkemeyer Ms. EDWARDS and Mr. COHEN Brady (TX) Fitzpatrick Kline
Smith (TX)
Denham Lummis Braley (IA) Fleming Lamborn
Dent Lungren, Daniel
Southerland changed their vote from ‘‘yea’’ to Brooks Flores Lance
DesJarlais E. Stearns ‘‘nay.’’ Brown (FL) Forbes Landry
Diaz-Balart Mack Stivers
Stutzman Mr. DONNELLY of Indiana and Mrs. Buchanan Fortenberry Langevin
Dold Manzullo Bucshon Foxx Lankford
Donnelly (IN) Marchant Sullivan LUMMIS changed their vote from
Buerkle Frank (MA) Larsen (WA)
Dreier Marino Terry ‘‘nay’’ to ‘‘yea.’’ Burgess Franks (AZ) Larson (CT)
Duffy Matheson Thompson (PA) So the resolution was agreed to. Burton (IN) Frelinghuysen Latham
Duncan (SC) McCarthy (CA) Thornberry
The result of the vote was announced Butterfield Fudge LaTourette
Duncan (TN) McCaul Tiberi
Calvert Gallegly Latta
Ellmers McClintock Tipton as above recorded. Camp Garamendi Lee (CA)
Emerson McCotter Turner (NY) A motion to reconsider was laid on Campbell Gardner Levin
Farenthold McHenry Turner (OH)
Upton
the table. Canseco Garrett Lewis (GA)
Fincher McIntyre Cantor Gerlach Lipinski
Fitzpatrick McKeon Walberg f Capito Gibbs LoBiondo
Flake McKinley Walden Capps Gibson Loebsack
Fleischmann McMorris Walsh (IL) SECURING MARITIME ACTIVITIES
Capuano Gingrey (GA) Lofgren, Zoe
Fleming Rodgers Walz (MN) THROUGH RISK-BASED TAR- Carnahan Gohmert Long
Flores Meehan Webster GETING FOR PORT SECURITY Carney Gonzalez Lowey
Fortenberry Mica West Carson (IN) Goodlatte Lucas
Westmoreland
ACT
Foxx Miller (FL) Carter Gosar Luetkemeyer
Franks (AZ) Miller (MI) Whitfield The SPEAKER pro tempore. The un- Cassidy Gowdy Luján
Frelinghuysen Miller, Gary Wilson (SC) Castor (FL) Granger Lungren, Daniel
Wittman
finished business is the question on
Gallegly Mulvaney Chabot Graves (GA) E.
Gardner Murphy (PA) Wolf suspending the rules and passing the Chaffetz Graves (MO) Lynch
Garrett Myrick Womack bill (H.R. 4251) to authorize, enhance, Chandler Green, Al Mack
Gerlach Neugebauer Woodall and reform certain port security pro- Chu Green, Gene Maloney
Gibbs Noem Yoder Cicilline Griffin (AR) Marchant
Gibson Nugent Young (AK) grams through increased efficiency and
Clarke (MI) Griffith (VA) Marino
Gingrey (GA) Nunes Young (FL) risk-based coordination within the De- Clarke (NY) Grijalva Markey
Gohmert Nunnelee Young (IN) partment of Homeland Security, and Clay Grimm Matheson
for other purposes, as amended. Cleaver Guinta Matsui
NAYS—173 Clyburn Guthrie McCarthy (CA)
The Clerk read the title of the bill. Coble Gutierrez McCarthy (NY)
Ackerman Berkley Brown (FL)
Altmire Berman Butterfield
The SPEAKER pro tempore. The Coffman (CO) Hahn McCaul
Andrews Bishop (GA) Capps question is on the motion offered by Cohen Hall McClintock
Baca Bishop (NY) Capuano the gentleman from New York (Mr. Cole Hanabusa McCollum
Baldwin Blumenauer Carnahan Conaway Hanna McCotter
KING) that the House suspend the rules Connolly (VA) Harper McDermott
Barber Bonamici Carney
Bass (CA) Brady (PA) Carson (IN) and pass the bill, as amended. Conyers Harris McGovern
Becerra Braley (IA) Castor (FL) The question was taken. Cooper Hartzler McHenry
McIntyre Rangel Shuster Mr. LANDRY. Mr. Speaker, on rollcall No. Gutierrez McClintock Runyan
McKeon Reed Simpson Hahn McCollum Ruppersberger
McKinley Rehberg Sires
438 I inadvertently voted ‘‘yea.’’ I meant to Hall McCotter Rush
McMorris Reichert Slaughter vote ‘‘nay’’ because of the drone issue. Hanabusa McDermott Ryan (OH)
Rodgers Renacci Smith (NE) Hanna McGovern Ryan (WI)
McNerney Reyes Smith (NJ) f Harper McHenry Sánchez, Linda
Meehan Richardson Smith (TX) Harris McIntyre T.
Meeks Richmond Smith (WA) GAUGING AMERICAN PORT Hartzler McKeon Sanchez, Loretta
Mica Rigell Southerland Hastings (FL) McKinley Sarbanes
Michaud Rivera
SECURITY ACT
Speier Hastings (WA) McMorris Scalise
Miller (FL) Roby Stark The SPEAKER pro tempore. The un- Hayworth Rodgers Schakowsky
Miller (MI) Roe (TN) Stearns Heck McNerney Schiff
Miller (NC) Rogers (AL)
finished business is the question on
Stivers Heinrich Meehan Schilling
Miller, Gary Rogers (KY) Stutzman
suspending the rules and passing the Hensarling Meeks Schmidt
Miller, George Rogers (MI) Sullivan bill (H.R. 4005) to direct the Secretary Herger Mica Schock
Moore Rohrabacher of Homeland Security to conduct a Michaud
Sutton Herrera Beutler Schrader
Moran Rokita Miller (FL)
Terry study and report to Congress on gaps in Higgins Schwartz
Mulvaney Rooney
Thompson (CA) Himes Miller (MI) Schweikert
Murphy (CT) Ros-Lehtinen
Thompson (MS)
port security in the United States and Hinchey Miller (NC) Scott (SC)
Murphy (PA) Roskam a plan to address them, as amended.
Thompson (PA) Hinojosa Miller, Gary Scott (VA)
Myrick Ross (AR)
Nadler Ross (FL)
Thornberry The Clerk read the title of the bill. Hirono Miller, George Scott, Austin
Tiberi The SPEAKER pro tempore. The Hochul Moore Scott, David
Napolitano Rothman (NJ)
Tierney Holden Moran Sensenbrenner
Neal Roybal-Allard
Tipton
question is on the motion offered by Holt Mulvaney Serrano
Neugebauer Royce the gentleman from New York (Mr.
Tonko Honda Murphy (CT) Sessions
Noem Runyan
Nugent Ruppersberger Towns KING) that the House suspend the rules Hoyer Murphy (PA) Sewell
Tsongas Huelskamp Myrick Sherman
Nunes Rush and pass the bill, as amended.
Nunnelee Turner (NY) Huizenga (MI) Nadler Shimkus
Ryan (OH) The question was taken.
Olson Ryan (WI) Turner (OH) Hultgren Napolitano Shuler
Olver Sánchez, Linda Upton The SPEAKER pro tempore. In the Hunter Neal Shuster
Owens T. Van Hollen opinion of the Chair, two-thirds being Hurt Neugebauer Simpson
Velázquez Israel Noem Sires
Palazzo Sanchez, Loretta in the affirmative, the ayes have it. Issa Nugent
Pallone Sarbanes Visclosky Slaughter
Walberg Mr. GOSAR. Mr. Speaker, on that I Jackson Lee Nunes Smith (NE)
Pascrell Scalise
Pastor (AZ) Schakowsky Walden demand the yeas and nays. (TX) Nunnelee Smith (NJ)
Paulsen Schiff Walz (MN) The yeas and nays were ordered. Jenkins Olson Smith (TX)
Pearce Schilling Wasserman Johnson (GA) Olver Smith (WA)
Schultz
The SPEAKER pro tempore. This is a Johnson (IL) Owens
Pelosi Schmidt Southerland
Pence Schock Waters 5-minute vote. Johnson (OH) Palazzo Speier
Perlmutter Schrader Watt The vote was taken by electronic de- Johnson, Sam Pallone Stark
Peters Schwartz Waxman vice, and there were—yeas 411, nays 9, Jones Pascrell Stearns
Peterson Schweikert Webster Jordan Pastor (AZ) Stivers
Whitfield
not voting 12, as follows: Keating Paulsen
Petri Scott (SC) Stutzman
Pingree (ME) Scott (VA) Wilson (FL) [Roll No. 439] Kelly Pearce
Sullivan
Pitts Scott, Austin Wilson (SC) Kildee Pelosi
YEAS—411 Sutton
Platts Scott, David Wittman Kind Pence
Ackerman Canseco Doggett Thompson (CA)
Poe (TX) Sensenbrenner Wolf King (IA) Perlmutter
Adams Cantor Dold Thompson (MS)
Pompeo Serrano Womack King (NY) Peters
Aderholt Capito Donnelly (IN) Thompson (PA)
Price (GA) Sessions Yarmuth Kingston Peterson
Akin Capps Doyle Thornberry
Price (NC) Sewell Yoder Kinzinger (IL) Petri
Alexander Capuano Dreier Tiberi
Quayle Sherman Young (AK) Kissell Pingree (ME)
Altmire Carnahan Duffy Tierney
Quigley Shimkus Young (FL) Kline Pitts
Amodei Carney Duncan (SC) Tipton
Rahall Shuler Young (IN) Labrador Platts
Andrews Carson (IN) Duncan (TN) Tonko
Lamborn Poe (TX)
NAYS—21 Austria Carter Edwards Lance Polis Towns
Baca Cassidy Ellison Landry Pompeo Tsongas
Amash Jones Posey
Bachmann Castor (FL) Ellmers Langevin Posey Turner (NY)
Broun (GA) Kingston Ribble
Duncan (SC) Kucinich Walsh (IL) Bachus Chabot Emerson Lankford Price (GA) Turner (OH)
Duncan (TN) Labrador Welch Baldwin Chaffetz Engel Larsen (WA) Price (NC) Upton
Emerson Lummis West Barber Chandler Eshoo Larson (CT) Quayle Van Hollen
Flake Paul Westmoreland Barletta Chu Farenthold Latham Quigley Velázquez
Huelskamp Polis Woodall Barrow Cicilline Farr Latta Rahall Visclosky
Bartlett Clarke (MI) Fattah Lee (CA) Reed Walberg
NOT VOTING—9 Barton (TX) Clarke (NY) Filner Levin Rehberg Walden
Becerra Jackson (IL) Lewis (CA) Bass (CA) Clay Fincher Lewis (GA) Reichert Walz (MN)
Cardoza Johnson, E. B. Manzullo Bass (NH) Cleaver Fitzpatrick Lipinski Renacci Wasserman
Fleischmann Kaptur Woolsey Becerra Clyburn Fleischmann Reyes Schultz
LoBiondo
Benishek Coble Fleming Waters
Loebsack Richardson
ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Berg Coffman (CO) Flores Watt
Lofgren, Zoe Richmond
The SPEAKER pro tempore (during Berkley Cohen Forbes Waxman
Long Rigell
Berman Cole Fortenberry Webster
the vote). There are 2 minutes remain- Biggert Conaway Foxx
Lowey Rivera
Lucas Roby Welch
ing. Bilbray Connolly (VA) Franks (AZ)
Roe (TN) West
Luetkemeyer
Bilirakis Conyers Frelinghuysen
b 1415 Bishop (GA) Cooper Fudge
Lungren, Daniel Rogers (AL) Westmoreland
E. Rogers (KY) Wilson (FL)
Messrs. KINGSTON, WESTMORE- Bishop (NY) Costa Gallegly Wilson (SC)
Lynch Rogers (MI)
Bishop (UT) Costello Garamendi
LAND, and RIBBLE changed their vote Mack Rohrabacher Wittman
Black Courtney Gardner
Maloney Rokita Wolf
from ‘‘yea’’ to ‘‘nay.’’ Blumenauer Cravaack Garrett
Womack
Marchant Rooney
So (two-thirds being in the affirma- Bonamici Crawford Gerlach
Marino Ros-Lehtinen Woodall
tive) the rules were suspended and the Bonner Crenshaw Gibbs
Markey Roskam Woolsey
Bono Mack Critz Gibson
bill, as amended, was passed. Boren Crowley Gingrey (GA) Matheson Ross (AR) Yarmuth
The result of the vote was announced Boswell Cuellar Gohmert Matsui Ross (FL) Yoder
Boustany Culberson Gonzalez McCarthy (CA) Rothman (NJ) Young (AK)
as above recorded. McCarthy (NY) Roybal-Allard Young (FL)
A motion to reconsider was laid on Brady (PA) Cummings Goodlatte
Braley (IA) Davis (CA) Gosar McCaul Royce Young (IN)
the table. Brooks Davis (IL) Gowdy

Stated for: Broun (GA) Davis (KY) Granger NAYS—9
Mr. FLEISCHMANN. Mr. Speaker, on rollcall Brown (FL) DeFazio Graves (GA) Amash Kucinich Ribble
No. 438 I was unavoidably detained. Had I Buchanan DeGette Graves (MO) Blackburn Lummis Terry
Bucshon DeLauro Green, Al Flake Paul Walsh (IL)
been present, I would have voted ‘‘yea.’’ Buerkle Denham Green, Gene
Mr. BECERRA. Mr. Speaker, earlier today I Burgess Dent Griffin (AR)
Burton (IN) DesJarlais Griffith (VA)
NOT VOTING—12
was unavoidably detained and missed rollcall
Butterfield Deutch Grijalva Brady (TX) Johnson, E. B. Luján
vote 438. If present, I would have voted ‘‘yea’’ Calvert Diaz-Balart Grimm Cardoza Kaptur Manzullo
on rollcall vote 438. Camp Dicks Guinta Frank (MA) LaTourette Rangel
Stated against: Campbell Dingell Guthrie Jackson (IL) Lewis (CA) Whitfield
ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE for interfering with ongoing criminal inves- I. EXECUTIVE SUMMARY
The SPEAKER pro tempore (during tigations; insisting on a personal attack The Department of Justice has refused to
the vote). There are 2 minutes remain- against the attorney general of the united comply with congressional subpoenas related
states; and for calling the Attorney General to Operation Fast and Furious, an Adminis-
ing.
of the United States a liar on national tele- tration initiative that allowed around two
b 1423 vision without corroborating evidence there- thousand firearms to fall into the hands of
by discredit to the integrity of the House. drug cartels and may have led to the death
So (two-thirds being in the affirma-
The SPEAKER pro tempore. Under of a U.S. Border Patrol Agent. The con-
tive) the rules were suspended and the sequences of the lack of judgment that per-
bill, as amended, was passed. rule IX, a resolution offered from the
floor by a Member other than the ma- mitted such an operation to occur are tragic.
The result of the vote was announced The Department’s refusal to work with
as above recorded. jority leader or the minority leader as Congress to ensure that it has fully complied
A motion to reconsider was laid on a question of the privileges of the with the Committee’s efforts to compel the
the table. House has immediate precedence only production of documents and information re-
at a time designated by the Chair with- lated to this controversy is inexcusable and
f
in 2 legislative days after the resolu- cannot stand. Those responsible for allowing
NOTICE OF INTENTION TO OFFER tion is properly noticed. Fast and Furious to proceed and those who
RESOLUTION RAISING A QUES- Pending that designation, the form of are preventing the truth about the operation
from coming out must be held accountable
TION OF THE PRIVILEGES OF the resolution noticed by the gentle-
for their actions.
THE HOUSE woman from Texas will appear in the Having exhausted all available options in
Ms. JACKSON LEE of Texas. Mr. RECORD at this point. obtaining compliance, the Chairman of the
Speaker, pursuant to clause 2(a)(1) of The Chair will not at this point de- Oversight and Government Reform Com-
rule IX, I rise to give notice of my in- termine whether the resolution con- mittee recommends that Congress find the
stitutes a question of privilege. That Attorney General in contempt for his failure
tent to raise a question of the privi-
determination will be made at the time to comply with the subpoena issued to him.
leges of the House.
designated for consideration of the res- II. AUTHORITY AND PURPOSE
The form of the resolution is as fol-
lows: olution. An important corollary to the powers ex-
pressly granted to Congress by the Constitu-
Whereas the chair of the Committee on f
tion is the implicit responsibility to perform
Oversight and Government Reform has inter-
fered with the work of an independent agen-
b 1430 rigorous oversight of the Executive Branch.
The U.S. Supreme Court has recognized this
cy and pressured an administrative law judge RECOMMENDING THAT ATTORNEY Congressional power on numerous occasions.
of the National Labor Relations Board by GENERAL ERIC HOLDER BE For example, in McGrain v. Daugherty, the
compelling the production of documents re- Court held that ‘‘the power of inquiry—with
FOUND IN CONTEMPT OF CON-
lated to an ongoing case, something inde- process to enforce it—is an essential and ap-
pendent experts said ‘‘could seriously under- GRESS
propriate auxiliary to the legislative func-
mine the authority of those charged with en- Mr. ISSA. Mr. Speaker, by direction tion. . . . A legislative body cannot legislate
forcing the nation’s labor laws’’ and which of the Committee on Oversight and wisely or effectively in the absence of infor-
the House Ethics Manual discourages by not- Government Reform, I call up the re- mation respecting the conditions which the
ing that ‘‘Federal courts have nullified ad- legislation is intended to affect or change,
port (H.Rept. 112–546) to accompany
ministrative decisions on grounds of due and where the legislative body does not itself
process and fairness towards all of the par- resolution recommending that the
possess the requisite information—which not
ties when congressional interference with House of Representatives find Eric H.
infrequently is true—recourse must be had
ongoing administrative proceedings may Holder, Jr., Attorney General, U.S. De- to others who do possess it.’’ 1 Further, in
have unduly influenced the outcome’’; partment of Justice, in contempt of Watkins v. United States, Chief Justice War-
Whereas the chair of the Committee on Congress for refusal to comply with a ren wrote for the majority: ‘‘The power of
Oversight and Government Reform has po- subpoena duly issued by the Committee Congress to conduct investigations is inher-
liticized investigations by rolling back long- on Oversight and Government Reform. ent in the legislative process. That power is
standing bipartisan precedents, including by broad.’’ 2
The Clerk read the title of the report.
authorizing subpoenas without the concur- Both the Legislative Reorganization Act of
rence of the ranking member or a committee The SPEAKER pro tempore. Pursu-
1946 (P.L. 79–601), which directed House and
vote, by refusing to share documents and ant to House Resolution 708, the report
Senate Committees to ‘‘exercise continuous
other information with the ranking member, is considered read. watchfulness’’ over Executive Branch pro-
and restricting the minority’s right to call The text of the report is as follows: grams under their jurisdiction, and the Leg-
witnesses at hearings; The Committee on Oversight and Govern- islative Reorganization Act of 1970 (P.L. 91–
Whereas the chair of the Committee on ment Reform, having considered this Report, 510), which authorized committees to ‘‘re-
Oversight and Government Reform has jeop- report favorably thereon and recommend view and study, on a continuing basis, the
ardized an ongoing criminal investigation by that the Report be approved. application, administration and execution’’
publicly releasing documents that his own The form of the resolution that the Com- of laws, codify the oversight powers of Con-
staff has admitted were under court seal; mittee on Oversight and Government Reform gress.
Whereas the chair of the Committee on would recommend to the House of Represent- The Committee on Oversight and Govern-
Oversight and Government Reform has uni- atives for citing Eric H. Holder, Jr., Attor- ment Reform is a standing committee of the
laterally subpoenaed a witness who was ex- ney General, U.S. Department of Justice, for House of Representatives, duly established
pected to testify at an upcoming Federal contempt of Congress pursuant to this report pursuant to the Rules of the House of Rep-
trial, despite longstanding precedent and ob- is as follows: resentatives, which are adopted pursuant to
jections from the Department of Justice that Resolved, That Eric H. Holder, Jr., Attor- the Rulemaking Clause of the Constitution.3
such a step could cause complications at a ney General of the United States, shall be House rule X grants to the Committee broad
trial and potentially jeopardize a criminal found to be in contempt of Congress for fail- oversight jurisdiction, including authority
conviction; ure to comply with a congressional sub- to ‘‘conduct investigations of any matter
Whereas the chair of the Committee on poena. without regard to clause 1, 2, 3, or this clause
Oversight and Government Reform has en- Resolved, That pursuant to 2 U.S.C. 192 and [of House rule X] conferring jurisdiction over
gaged in a witch hunt, through the use of re- 194, the Speaker of the House of Representa- the matter to another standing com-
peated incorrect and uncorroborated state- tives shall certify the report of the Com- mittee.’’ 4 The rules direct the Committee to
ments in the committee’s ‘‘Fast and Furi- mittee on Oversight and Government Re- make available ‘‘the findings and rec-
ous’’ investigation; and form, detailing the refusal of Eric H. Holder, ommendations of the committee . . . to any
Whereas the chair of the Committee on Jr., Attorney General, U.S. Department of other standing committee having jurisdic-
Oversight and Government Reform has cho- Justice, to produce documents to the Com- tion over the matter involved.’’ 5
sen to call the Attorney General of the mittee on Oversight and Government Reform House rule XI specifically authorizes the
United States a liar on national television as directed by subpoena, to the United Committee to ‘‘require, by subpoena or oth-
without corroborating evidence and has ex- States Attorney for the District of Colum- erwise, the attendance and testimony of such
hibited unprofessional behavior which could bia, to the end that Mr. Holder be proceeded
result in jeopardizing an ongoing Committee against in the manner and form provided by 1 McGrain v. Daugherty, 273 U.S. 135, 174 (1927).
investigation into Operation Fast and Furi- law. 2 Watkins v. United States, 354 U.S. 178, 187 (1957).
ous: Now, therefore, be it Resolved, That the Speaker of the House 3 U.S.CONST., art. I, 5, clause 2.
Resolved, That the House of Representa- shall otherwise take all appropriate action 4 House rule X, clause (4)(c)(2).
tives disapproves of the behavior of the chair to enforce the subpoena. 5 Id.
witnesses and the production of such books, On October 11, 2011, the Justice Depart- In mid-November 2009, just weeks after the
records, correspondence, memoranda, papers, ment informed the Committee its document strategy was issued, Fast and Furious began.
and documents as it considers necessary.’’ 6 production pursuant to the March 31, 2011, Its objective was to establish a nexus be-
The rule further provides that the ‘‘power to subpoena was complete. The next day, the tween straw purchasers of firearms in the
authorize and issue subpoenas’’ may be dele- Committee issued a detailed subpoena to At- United States and Mexican drug-trafficking
gated to the Committee chairman.7 The sub- torney General Eric Holder for additional organizations (DTOs) operating on both sides
poenas discussed in this report were issued documents related to Fast and Furious. of the United States-Mexico border. Straw
pursuant to this authority. On February 2, 2012, the Committee held a purchasers are individuals who are legally
The Committee’s investigation into ac- hearing entitled ‘‘Fast and Furious: Manage- entitled to purchase firearms for themselves,
tions by senior officials in the U.S. Depart- ment Failures at the Department of Jus- but who unlawfully purchase weapons with
ment of Justice and the Bureau of Alcohol, tice.’’ The Attorney General testified at that the intent to transfer them to someone else,
Tobacco, Firearms, and Explosives (ATF) in hearing. in this case DTOs or other criminals.
designing, implementing, and supervising The Committee has issued two staff re- During Fast and Furious, ATF agents used
the execution of Operation Fast and Furious, ports documenting its initial investigative an investigative technique known as
and subsequently providing false denials to findings. The first, The Department of Justice’s ‘‘gunwalking’’—that is, allowing illegally-
Congress, is being undertaken pursuant to Operation Fast and Furious: Accounts of ATF purchased weapons to be transferred to third
the authority delegated to the Committee Agents, was released on June 14, 2011. The parties without attempting to disrupt or
under House Rule X as described above. second, The Department of Justice’s Operation deter the illegal activity. ATF agents aban-
The oversight and legislative purposes of Fast and Furious: Fueling Cartel Violence, was doned surveillance on known straw pur-
the investigations are (1) to examine and ex- released on July 26, 2011. chasers after they illegally purchased weap-
pose any possible malfeasance, abuse of au- Throughout the investigation, the Com- ons that ATF agents knew were destined for
thority, or violation of existing law on the mittee has made numerous attempts to ac- Mexican drug cartels. Many of these trans-
part of the executive branch with regard to commodate the interests of the Department actions established probable cause for agents
the conception and implementation of Oper- of Justice. Committee staff has conducted to interdict the weapons or arrest the posses-
ation Fast and Furious, and (2) based on the numerous meetings and phone conversations sors, something every agent was trained to
results of the investigation, to assess wheth- do. Yet, Fast and Furious aimed instead to
with Department lawyers to clarify and
er the conduct uncovered may warrant addi- allow the transfer of these guns to third par-
highlight priorities with respect to the sub-
tions or modifications to federal law and to ties. In this manner, the guns fell into the
poenas. Committee staff has been flexible in
make appropriate legislative recommenda- hands of DTOs, and many would turn up at
scheduling dates for transcribed interviews;
tions. crime scenes. ATF then traced these guns to
agreed to review certain documents in cam- their original straw purchaser, in an attempt
In particular, the Committee’s investiga- era; allowed extensions of production dead-
tion has highlighted the need to obtain infor- to establish a connection between that indi-
lines; agreed to postpone interviewing the vidual and the DTO.
mation that will aid Congress in considering Department’s key Fast and Furious trial
whether a revision of the statutory provi- Federal Firearms Licensees (FFLs), who
witness; and narrowed the scope of docu- cooperated with ATF, were an integral com-
sions governing the approval of federal wire- ments the Department must produce to be in
tap applications may be necessary. The ponent of Fast and Furious. Although some
compliance with the subpoena and to avoid FFLs were reluctant to continue selling
major breakdown in the process that oc-
contempt proceedings. weapons to suspicious straw purchasers, ATF
curred with respect to the Fast and Furious Despite the Committee’s flexibility, the
wiretap applications necessitates careful ex- encouraged them to do so, reassuring the
Department has refused to produce certain FFLs that ATF was monitoring the buyers
amination of the facts before proposing a documents to the Committee. The Depart-
legislative remedy. Procedural improve- and that the weapons would not fall into the
ment has represented on numerous occasions wrong hands.9 ATF worked with FFLs on or
ments may need to be codified in statute to that it will not produce broad categories of
mandate immediate action in the face of about the date of sale to obtain the unique
documents. The Department has not pro- serial number of each firearm sold. Agents
highly objectionable information relating to
vided a privilege log delineating with par- entered these serial numbers into ATF’s Sus-
operational tactics and details contained in
ticularity why certain documents are being pect Gun Database within days after the pur-
future applications.
The Committee’s investigation has called withheld. chase. Once these firearms were recovered at
The Department’s efforts at accommoda- crime scenes, the Suspect Gun Database al-
into question the ability of ATF to carry out
tion and ability to work with the Committee lowed for expedited tracing of the firearms
its statutory mission and the ability of the
regarding its investigation into Fast and Fu- to their original purchasers.
Department of Justice to adequately super-
rious have been wholly inadequate. The Com- By December 18, 2009, ATF agents assigned
vise it. The information sought is needed to
mittee requires the subpoenaed documents to Fast and Furious had already identified
consider legislative remedies to restructure
to meet its constitutionally mandated over- fifteen interconnected straw purchasers in
ATF as needed.
sight and legislative duties. the targeted gun trafficking ring. These
III. BACKGROUND ON THE COMMITTEE’S straw purchasers had already purchased 500
INVESTIGATION IV. OPERATION FAST AND FURIOUS:
BREAKDOWNS AT ALL LEVELS OF THE firearms.10 In a biweekly update to Bill New-
In February 2011, the Oversight and Gov- ell, ATF Group Supervisor David Voth ex-
DEPARTMENT OF JUSTICE
ernment Reform Committee joined Senator plained that 50 of the 500 firearms purchased
Charles E. Grassley, Ranking Member of the The story of Operation Fast and Furious is by straw buyers had already been recovered
Senate Committee on the Judiciary, in in- one of widespread dysfunction across numer- in Mexico or near the Mexican border.11
vestigating Operation Fast and Furious, a ous components of the Department of Jus- These guns had time-to-crimes of as little as
program conducted by ATF. On March 16, tice. This dysfunction allowed Fast and Furi- one day, strongly indicating straw pur-
2011, Chairman Darrell Issa wrote to then- ous to originate and grow at a local level be- chasing.12
Acting ATF Director Kenneth E. Melson re- fore senior officials at Department of Justice Starting in late 2009, many line agents ob-
questing documents and information regard- headquarters ultimately approved and au- jected vociferously to some of the techniques
ing Fast and Furious. Responding for Melson thorized it. The dysfunction within and used during Fast and Furious, including
and ATF, the Department of Justice did not among Department components continues to gunwalking. The investigation continued for
provide any documents or information to the this day. another year, however, until shortly after
Committee by the March 30, 2011, deadline. A. THE ATF PHOENIX FIELD DIVISION December 15, 2010, when two weapons from
The Committee issued a subpoena to Melson In October 2009, the Office of the Deputy Fast and Furious were recovered at the mur-
the next day. The Department produced zero Attorney General (ODAG) in Washington, der scene of U.S. Border Patrol Agent Brian
pages of non-public documents pursuant to D.C. promulgated a new strategy to combat Terry.
that subpoena until June 10, 2011, on the eve gun trafficking along the Southwest Border. Pursuant to the Deputy Attorney Gen-
of the Committee’s first Fast and Furious eral’s strategy, in late January 2010 the ATF
This new strategy directed federal law en-
hearing. Phoenix Field Division applied for Fast and
forcement to shift its focus away from seiz-
On June 13, 2011, the Committee held a Furious to become an Organized Crime Drug
ing firearms from criminals as soon as pos-
hearing entitled ‘‘Obstruction of Justice: Enforcement Task Force (OCDETF) case. In
sible, and to focus instead on identifying preparation for the OCDETF application
Does the Justice Department Have to Re- members of trafficking networks. The Office process, the ATF Phoenix Field Division pre-
spond to a Lawfully Issued and Valid Con- of the Deputy Attorney General shared this
gressional Subpoena?’’ The Committee held pared a briefing paper detailing the inves-
strategy with the heads of many Department tigative strategy employed in Fast and Furi-
a second hearing on June 15, 2011, entitled components, including ATF.8 ous. This document was not initially pro-
‘‘Operation Fast and Furious: Reckless Deci- Members of the ATF Phoenix Field Divi- duced by the Department pursuant to its
sions, Tragic Outcomes.’’ The Committee sion, led by Special Agent in Charge Bill
held a third hearing on July 26, 2011, entitled Newell, became familiar with this new strat-
9 Transcribed Interview of Special Agent Peter
‘‘Operation Fast and Furious: The Other Side egy and used it in creating Fast and Furious.
of the Border.’’ Forcelli, at 53–54 (Apr. 28, 2011).
10 E-mail from Kevin Simpson, Intelligence Officer,
8 E-mail from [Dep’t of Justice] on behalf of Dep- Phoenix FIG, ATF, to David Voth (Dec. 18, 2009).
6 House rule XI, clause (2)(m)(1)(B). uty Att’y Gen. David Ogden to Kathryn Ruemmler, 11 Id.
7 House rule XI, clause (2)(m)(3)(A)(i). et al. (Oct. 26, 2009). 12 Id.
subpoena, but rather was obtained by a con- The next day, December 9, 2009, the Acting D. THE CRIMINAL DIVISION
fidential source. The briefing paper stated: ATF Director first learned about Fast and 1. COORDINATION WITH ATF
Furious and the large recovery of weapons In early September 2009, according to De-
Currently our strategy is to allow the
that had already occurred.17 The following partment e-mails, ATF and the Department
transfer of firearms to continue to take
week, OSII briefed senior ATF officials about of Justice’s Criminal Division began discus-
place, albeit at a much slower pace, in order
another large cache of Fast and Furious sions ‘‘to talk about ways CRM [Criminal Di-
to further the investigation and allow for the
weapons that had been recovered in Mexico.18 vision] and ATF can coordinate on gun traf-
identification of additional co-conspirators
who would continue to operate and illegally On January 5, 2010, OSII presented senior ficking and gang-related initiatives.’’ 27
traffic firearms to Mexican DTOs which are ATF officials with a summary of all of the Early on in these discussions, Lanny Breuer,
perpetrating armed violence along the weapons that could be linked to known straw Assistant Attorney General for the Criminal
Southwest Border.13 purchasers in Fast and Furious. In just two Division, sent an attorney to help the U.S.
months, these straw purchasers bought a Attorney’s Office in Arizona prosecute ATF
Fast and Furious was approved as an total of 685 guns. This number raised the ire cases. The first case chosen for prosecution
OCDETF case, and this designation resulted of several individuals in the room, who ex- was Operation Wide Receiver, a year-long
in new operational funding. Additionally, pressed concerns about the growing oper- ATF Phoenix Field Division investigation
Fast and Furious became a prosecutor-led ation.19 initiated in 2006, which involved several hun-
OCDETF Strike Force case, meaning that On March 5, 2010, ATF headquarters hosted dred guns being walked. The U.S. Attorney’s
ATF would join with the Federal Bureau of a larger, more detailed briefing on Operation Office in Arizona, objecting to the tactics
Investigation, Drug Enforcement Adminis- Fast and Furious. David Voth, the Group Su- used in Wide Receiver, had previously re-
tration, Internal Revenue Service, and Im- pervisor overseeing Fast and Furious, trav- fused to prosecute the case.
migrations and Customs Enforcement under eled from Phoenix to give the presentation. According to James Trusty, a senior offi-
the leadership of the U.S. Attorney’s Office cial in the Criminal Division’s Gang Unit, in
He gave an extremely detailed synopsis of
for the District of Arizona.
the status of the investigation, including the September 2009 Assistant Attorney General
B. THE UNITED STATES ATTORNEY’S OFFICE number of guns purchased, weapons seizures Breuer was ‘‘VERY interested in the Arizona
FOR THE DISTRICT OF ARIZONA to date, money spent by straw purchasers, gun trafficking case [Wide Receiver], and he
The U.S. Attorney’s Office for the District and organizational charts of the relation- is traveling out [to Arizona] around 9/21.
of Arizona led the Fast and Furious OCDETF ships among straw purchasers and to mem- Consequently, he asked us for a ‘briefing’ on
Strike Force. Although ATF was the lead bers of the Sinaloa drug cartel. At that that case before the 21st rolls around.’’ 28 The
law enforcement agency for Fast and Furi- point, the straw purchasers had bought 1,026 next day, according to Trusty, Breuer’s chief
ous, its agents took direction from prosecu- weapons, costing nearly $650,000.20 of staff ‘‘mentioned the case again, so there
tors in the U.S. Attorney’s Office. The lead NATF’s Phoenix Field Division informed is clearly great attention/interest from the
federal prosecutor for Fast and Furious was ATF headquarters of large weapons recov- front office.’’ 29
Assistant U.S. Attorney Emory Hurley, who eries tracing back to Fast and Furious. The When the Criminal Division prosecutor ar-
played an integral role in the day-to-day, Phoenix Field Division had frequently for- rived in Arizona, she gave Trusty her impres-
tactical management of the case.14 sions of the case. Her e-mail stated:
warded these updates directly to Deputy
Many ATF agents working on Operation
Fast and Furious came to believe that some ATF Director Billy Hoover and Acting ATF Case involves 300 to 500 guns. . . . It is my
of the most basic law enforcement tech- Director Ken Melson.21 When Hoover learned understanding that a lot of these guns
niques used to interdict weapons required about how large Fast and Furious had grown ‘‘walked’’. Whether some or all of that was
the explicit approval of the U.S. Attorney’s in March 2010, he finally ordered the develop- intentional is not known.30
Office, and specifically from Hurley. On nu- ment of an exit strategy.22 This exit strat-
egy, something Hoover had never before re- Discussions between ATF and the Criminal
merous occasions, Hurley and other federal Division regarding inter-departmental co-
prosecutors withheld this approval, to the quested in any other case, was a timeline for
ATF to wind down the case.23 ordination continued over the next few
mounting frustration of ATF agents.15 The
Though Hoover commissioned the exit months. On December 3, 2009, the Acting
U.S. Attorney’s Office chose not to use other
strategy in March, he did not receive it until ATF Director e-mailed Breuer about this co-
available investigative tools common in gun
early May. The three-page document out- operation. He stated:
trafficking cases, such as civil forfeitures
and seizure warrants, during the seminal pe- lined a 30-, 60-, and 90-day strategy for wind- Lanny: We have decided to take a little dif-
riods of Fast and Furious. ing down Fast and Furious and handing it ferent approach with regard to seizures of
The U.S. Attorney’s Office advised ATF over to the U.S. Attorney’s Office for pros- multiple weapons in Mexico. Assuming the
that agents needed to meet unnecessarily ecution.24 guns are traced, instead of working each
strict evidentiary standards in order to In July 2010, Acting Director Melson ex- trace almost independently of the other
speak with suspects, temporarily detain pressed concern about the number of weap- traces from the seizure, I want to coordinate
them, or interdict weapons. ATF’s reliance ons flowing to Mexico,25 and in October 2010 and monitor the work on all of them collec-
on this advice from the U.S. Attorney’s Of- the Assistant Director for Field Operations, tively as if the seizure was one case.31
fice during Fast and Furious resulted in the number three official in ATF, expressed
many lost opportunities to interdict weap- Breuer responded:
concern that ATF had not yet halted the
ons. straw purchasing activity in Fast and Furi- We think this is a terrific idea and a great
In addition to leading the Fast and Furious ous.26 Despite these concerns, however, the way to approach the investigations of these
OCDETF task force, the U.S. Attorney’s Of- U.S. Attorney’s Office continued to delay the seizures. Our Gang Unit will be assigning an
fice was instrumental in preparing the wire- indictments, and no one at ATF head- attorney to help you coordinate this effort.32
tap applications that were submitted to the quarters ordered the Phoenix Field Division
Justice Department’s Criminal Division. Kevin Carwile, Chief of the Gang Unit, as-
to simply arrest the straw purchasers in signed an attorney, Joe Cooley, to assist
Federal prosecutors in Arizona filed at least
order to take them off the street. The mem- ATF, and Operation Fast and Furious was se-
six of these applications, each containing
bers of the firearms trafficking ring were not lected as a recipient of this assistance.
immense detail about operational tactics
arrested until two weapons from Fast and Shortly after his assignment, Cooley had to
and specific information about straw pur-
Furious were found at the murder scene of rearrange his holiday plans to attend a sig-
chasers, in federal court after Department
Border Patrol Agent Brian Terry. nificant briefing on Fast and Furious.33
headquarters authorized them.
C. ATF HEADQUARTERS Cooley was assigned to Fast and Furious
17 Oversight of the U.S. Department of Justice: Hear- for the next three months. He advised the
Fast and Furious first came to the atten-
ing Before the S. Comm. on the Judiciary, 112th Cong. lead federal prosecutor, Emory Hurley, and
tion of ATF Headquarters on December 8,
(May 4, 2011) (Questions for the Record of Hon. Eric received detailed briefings on operational de-
2009, just weeks after the case was officially H. Holder, Jr., Att’y Gen. of the U.S.). tails. Cooley, though, was not the only
opened in Phoenix. ATF’s Office of Strategic 18 Leadmon Interview, supra note 16.
Information and Intelligence (OSII) briefed 19 Transcribed Interview of Deputy Ass’t Dir. Steve
Criminal Division attorney involved with
senior ATF personnel about the case on De- Martin, ATF, at 36 (July 6, 2011) [hereinafter Martin
Tr.]. 27 E-mail from Jason Weinstein to Lanny Breuer
cember 8, 2009, discussing in detail a large re-
20 See generally ‘‘Operation the Fast and the Furi- (Sept. 10, 2009) [HOGR 003378].
covery of Fast and Furious weapons in Naco,

ous’’ Presentation, Mar. 5, 2010. 28 E-mail from James Trusty to Laura Gwinn
Sonora, Mexico.16 21 E-mail from Mark Chait to Kenneth Melson and (Sept. 2, 2009) [HOGR 003375].
William Hoover (Feb. 24, 2010) [HOGR 001426]. 29 E-mail from James Trusty to Laura Gwinn
13 Phoenix Group VII, Phoenix Field Division, 22 Transcribed Interview of William Hoover, ATF (Sept. 3, 2009) [HOGR 003376].
ATF, Briefing Paper (Jan. 8, 2010). Deputy Director, at 9 (July 21, 2011). 30 E-mail from Laura Gwinn to James Trusty
14 Transcribed Interview of Special Agent in 23 Id. at 72. (Sept. 3, 2009) [HOGR 003377].
Charge William Newell, at 32–33 (June 8, 2011). 24 E-mail from Douglas Palmer, Supervisor Group 31 E-mail from Kenneth Melson to Lanny Breuer
15 Transcribed Interview of Special Agent Larry V, ATF, to William Newell, ATF (Apr. 27, 2010). (Dec. 3, 2009) [HOGR 003403].
Alt, at 94 (Apr. 27, 2011). 25 E-mail from Kenneth Melson to Mark Chait, et 32 E-mail from Lanny Breuer to Kenneth Melson
16 Interview with Lorren Leadmon, Intelligence al., (July 14, 2010) [HOGR 002084]. (Dec. 4, 2009) [HOGR 003403].
Operations Analyst, Washington, D.C., July 5, 2011 26 E-mail from Mark Chait to William Newell (Oct. 33 E-mail from Kevin Carwile to Jason Weinstein
[hereinafter Leadmon Interview]. 29, 2010) [HOGR 001890]. (Mar. 16, 2010) [HOGR 002832].
Fast and Furious during this time period. constructed from raw data contained in hun- Two Fast and Furious weapons were recov-
The head of the division, Lanny Breuer, met dreds of Reports of Investigation (ROI); the ered at the scene of his murder. Two days
with ATF officials about the case, including Department of Justice failed to produce any later, Associate Deputy Attorney General
Deputy Director Billy Hoover and Assistant of these ROI in response to the Committee’s Brad Smith sent Grindler and four ODAG of-
Director for Field Operations Mark Chait.34 subpoena. The Criminal Division authorized ficials an e-mail detailing the circumstances
Given the initial involvement of the Crimi- Fast and Furious wiretap applications on of Terry’s murder and its connection to Fast
nal Division with Fast and Furious in the March 10, 2010; April 15, 2010; May 6, 2010; and Furious.49 Smith attached a four-page
early stages of the investigation, senior offi- May 14, 2010; June 1, 2010; and July 1, 2010. summary of the Fast and Furious investiga-
cials in Criminal Division should have been Deputy Assistant Attorney General Jason tion.
greatly alarmed about what they learned Weinstein, Deputy Assistant Attorney Gen-
about the case. These officials should have eral Kenneth Blanco, and Deputy Assistant V. THE COMMITTEE’S OCTOBER 12, 2011,
halted the program, especially given their Attorney General John Keeney signed these SUBPOENA TO ATTORNEY GENERAL
prior knowledge of gunwalking in Wide Re- applications on behalf of Assistant Attorney HOLDER
ceiver, which was run by the same leadership General Lanny Breuer. On October 12, 2011, the Committee issued
in the same ATF field division. E. THE OFFICE OF THE DEPUTY ATTORNEY a subpoena to Attorney General Eric Holder,
On March 5, 2010, Cooley attended a brief- GENERAL demanding documents related to the Depart-
ing about Fast and Furious. The detailed
The Office of the Deputy Attorney General ment of Justice’s involvement with Oper-
briefing highlighted the large number of
(ODAG) maintained close involvement in Op- ation Fast and Furious. The subpoena was
weapons the gun trafficking ring had pur-
eration Fast and Furious. In the Justice De- issued following six months of constant re-
chased and discussed recoveries of those
partment, ATF reports to the Deputy Attor- fusals by the Justice Department to cooper-
weapons in Mexico. According to Steve Mar-
ney General (DAG).42 In practice, an official ate with the Committee’s investigation into
tin, Deputy Assistant Director in ATF’s Of-
in the Office of the Deputy Attorney General Operation Fast and Furious.
fice of Strategic Intelligence and Informa-
is responsible for managing the ATF port-
tion, everyone in the room knew the weap- A. EVENTS LEADING UP TO THE SUBPOENA
folio. This official monitors the operations of
ons from Fast and Furious were being linked
ATF, and raises potential ATF issues to the On March 16, 2011, Chairman Issa sent a
to a Mexican cartel.35 Two weeks later, in
attention of the DAG.43 During the pendency letter to then-ATF Acting Director Ken
mid-March 2010, Carwile pulled Cooley off
of Fast and Furious, this official was Asso- Melson asking for information and docu-
Fast and Furious, when the U.S. Attorney’s
ciate Deputy Attorney General Edward ments pertaining to Operation Fast and Fu-
Office informed him that it had the case
Siskel. rious.50 Late in the afternoon of March 30,
under control.36
Officials in ODAG became familiar with
2. WIRETAPS 2011, the Department, on behalf of ATF and
Fast and Furious as early as March 2010. On
At about the same time, senior lawyers in Melson, informed the Committee that it
March 12, 2010, Siskel and then-Acting DAG
the Criminal Division authorized wiretap ap- would not provide any documents pursuant
Gary Grindler received an extensive briefing
plications for Fast and Furious to be sub- to the letter. The Committee informed the
on Fast and Furious during a monthly meet-
mitted to a federal judge. Fast and Furious Department it planned to issue a subpoena.
ing with the ATF’s Acting Director and Dep-
involved the use of seven wiretaps between On March 31, 2011, the Committee issued a
uty Director. This briefing presented
March and July of 2010. subpoena to Ken Melson for the documents.
Grindler with overwhelming evidence of ille-
In a letter to Chairman Issa, the Deputy gal straw purchasing during Fast and Furi- On May 2, 2011, Committee staff reviewed
Attorney General acknowledged that the Of- ous. The presentation included a chart of the documents the Department made available
fice of Enforcement Operations (OEO), part names of the straw purchasers, 31 in all, and for in camera review at Department head-
of the Justice Department’s Criminal Divi- the number of weapons they had acquired to quarters. Many of these documents con-
sion, is ‘‘primarily responsible for the De- date, 1,026.44 Three of these straw purchasers tained partial or full redactions. Following
partment’s statutory wiretap authoriza- had already purchased over 100 weapons this review, Chairman Issa wrote to the De-
tions.’’ 37 According to the letter, lawyers in each, with one straw purchaser having al- partment on May 5, 2011, asking the Depart-
OEO review these wiretap packages to ensure ready acquired over 300 weapons. During this ment to produce all documents responsive to
that they ‘‘meet statutory requirements and briefing, Grindler learned that buyers had the Committee’s subpoena forthwith.51 That
DOJ policies.’’ 38 When OEO completes its repaid cash for every single gun.45 same day, senior Department officials met
view of a wiretap package, federal law pro- A map of Mexico detailed locations of re- with Committee staff and acknowledged
vides that the Attorney General or his des- coveries of weapons purchased through Fast ‘‘there’s a there, there’’ regarding the legit-
ignee—in practice, a Deputy Assistant Attor- and Furious, including some at crime imacy of the congressional inquiry into Fast
ney General in the Criminal Division—re- scenes.46 The briefing also covered the use of and Furious.
views and authorizes it.39 Each wiretap pack- stash houses where weapons bought during
age includes an affidavit which details the In spite of Chairman Issa’s May 5, 2011, let-
Fast and Furious were stored before being
factual basis upon which the authorization is ter, during the two months following the
transported to Mexico. Grindler learned of
sought. Each application for Fast and Furi- issuance of the subpoena, the Department
some of the unique investigative techniques
ous included a memorandum from Assistant produced zero pages of non-public docu-
ATF was using during Fast and Furious.47
Attorney General Breuer to Paul O’Brien, ments. On June 8, 2011, the Committee again
Despite receiving all of this information,
Director of OEO, authorizing the intercep- wrote to the Department requesting com-
then-Deputy Attorney General Gary
tion application.40 plete production of all documents by June 10,
Grindler did not order Fast and Furious to be
The Criminal Division’s approval of the 2011.52 The Department responded on June 10,
shut down, nor did he follow-up with ATF or
wiretap applications in Fast and Furious vio- 2011, stating ‘‘complete production of all doc-
his staff about the investigation.
lated Department of Justice policy. The core uments by June 10, 2011, . . . is not pos-
Throughout the summer of 2010, ATF offi-
mission of the Bureau of Alcohol, Tobacco, sible.’’ 53 At 7:49 p.m. that evening, just three
cials remained in close contact with their
Firearms, and Explosives is to ‘‘protect[ ] days before a scheduled Committee hearing
ODAG supervisors regarding Fast and Furi-
our communities from . . . the illegal use on the obligation of the Department of Jus-
ous. Fast and Furious was a topic in each of
and trafficking of firearms.’’ 41 tice to cooperate with congressional over-
the monthly meetings between ATF and the
The wiretap applications document the ex- sight, the Department finally produced its
DAG. ATF apprised Ed Siskel of significant
tensive involvement of the Criminal Division first non-public documents to the Com-
recoveries of Fast and Furious weapons, as
in Fast and Furious. These applications were mittee, totaling 69 pages.54
well as of notable progress in the investiga-
tion, and Siskel indicated to ATF that he Over the next six weeks, through July 21,
34 Meeting on ‘‘Weapons Seizures in Mexico w/ was monitoring it.48 In mid-December 2010, 2011, the Department produced an additional
Lanny Breuer’’ at Robert F. Kennedy Building, after Fast and Furious had been ongoing for 1,286 pages of documents. The Department
Room 2107, Jan. 5, 2010, 10:00 AM [HOGR 001987]. over a year, Grindler received more details produced no additional documents until Sep-
35 Martin Tr. at 100.
about the program. On December 15, 2010, tember 1, 2011, when it produced 193 pages of
36 E-mail from Kevin Carwile to Jason Weinstein
Border Patrol Agent Brian Terry was killed.
(Mar. 16, 2010, 9:00 a.m.) [HOGR DOJ 2382].
37 Letter from Dep Att’y Gen. James M. Cole 49 E-mail from Assoc. Deputy Att’y Gen. Brad
Chairman Darrell Issa et al., at 6 (Jan. 27, 2012) 42 USDOJ: About Department of Justice Agencies, Smith to Deputy Att’y Gen. Gary Grindler, et al.
[hereinafter Cole Letter]. available at http://www.justice.gov/agencies/index- (Dec. 17, 2010) [HOGR 002875–002881].
38 Id. 50 Letter from Chairman Darrell Issa to ATF Act-
org.html (last visited May. 1, 2012).
39 See 18 U.S.C. § 2516(1). 43 Transcribed Interview of Acting Dir. Kenneth ing Dir. Kenneth Melson (Mar. 16, 2011) [hereinafter
40 See, e.g., Memorandum from Lanny A. Breuer, Melson, at 25 (July 4, 2011). Mar. 16 Letter].
44 ‘‘Operation the Fast and the Furious,’’ March 12, 51 Letter from Chairman Darrell Issa to Att’y Gen.
Ass’t Att’y Gen., Criminal Division to Paul M.
O’Brien, Director, Office of Enforcement Operations, 2010 [HOGR 002820—HOGR 002823]. Eric Holder (May 5, 2011).
Criminal Division, Authorization for Interception 45 Id. 52 Letter from Chairman Darrell Issa to ATF Act-
Order Application, Mar. 10, 2010. 46 Id. ing Dir. Kenneth Melson (June 8, 2011).
41 Bureau of Alcohol, Tobacco, Firearms, and Ex- 47 Id. 53 Letter from Ass’t Att’y Gen. Ronald Weich to
plosives, ‘‘ATF’s Mission,’’ http://www.atf.gov/about/ 48 E-mail from Edward N. Siskel to Mark R. Chait Chairman Darrell Issa (June 10, 2011).
mission (last visited May 1, 2012). (July 14, 2010) [HOGR 002847]. 54 Id.
documents.55 On September 30, 2011, the De- tion-sharing among Department compo- Despite the Department’s acknowledge-
partment produced 97 pages of documents.56 nents, the Department’s cooperation with ment that it understands what the Com-
On October 11, 2011, the Department pro- Congress, and FBI documents requested in mittee was seeking, it has yet to provide a
duced 56 pages of documents.57 the July 11, 2011, letter to FBI Director single document for 11 out of the 22 cat-
Early in the investigation, the Committee Mueller.65 To date, the Department has not egories contained in the subpoena schedule.
received hundreds of pertinent documents responded to this letter. The Department has not adequately com-
from whistleblowers. Many of the documents The Department wrote to Chairman Issa plied with the Committee’s subpoena, and it
the whistleblowers provided were not among on October 11, 2011, stating it had ‘‘substan- has unequivocally stated its refusal to com-
the 2,050 pages that the Department had pro- tially concluded [its] efforts to respond to ply with entire categories of the subpoena al-
duced by October 11, 2011, demonstrating the Committee requests set forth in the sub- together. In a letter to Chairman Issa on
that the Department was withholding mate- poena and the letter of June 8th.’’ 66 The let- May 15, 2012, the Department stated that it
rials responsive to the subpoena. ter further stated: had delivered or made available for review
The Committee requested additional docu- [O]ther documents have not been produced documents responsive to 13 of the 22 cat-
ments from the Department as the investiga- or made available for these same reasons be- egories of the subpoena.69
tion proceeded during the summer of 2011. On cause neither redacting them nor making A review of each of the 22 schedule cat-
July 11, 2011, Chairman Issa and Senator them available for review (as opposed to pro- egories in the subpoena reflects the Depart-
Grassley wrote to the Attorney General reduction) was sufficient to address our con- ment’s clear understanding of the documents
questing documents from twelve people in cerns. Our disclosure of the vast majority of sought by the Committee for each category.
Justice Department headquarters pertaining the withheld material is prohibited by stat- Below is a listing of each category of the
to Fast and Furious.58 The Justice Depart- ute. These records pertain to matters occur- subpoena schedule, followed by what the De-
ment first responded to this letter on Octo- ring before a grand jury, as well as investiga- partment has explained is its understanding
ber 31, 2011, nearly four months later.59 tive activities under seal or the disclosure of of what the Committee is seeking for each
On July 11, 2011, Chairman Issa and Sen- which is prohibited by law . . . we also have category.
ator Grassley sent a letter to the FBI re- not disclosed certain confidential investiga- 1. All communications referring or relating
questing documents relating to the FBI’s tive and prosecutorial documents, the disclo- to Operation Fast and Furious, the Jacob
role in the Fast and Furious OCDETF inves- sure of which would, in our judgment, com- Chambers case, or any Organized Crime Drug
tigation.60 The letter requested information promise the pending criminal investigations Enforcement Task Force (OCDETF) firearms
and documents pertaining to paid FBI in- and prosecution. These include core inves- trafficking case based in Phoenix, Arizona,
formants who were the target of the Fast tigative and prosecutorial material, such as to or from the following individuals:
and Furious investigation. The FBI never Reports of Investigation and drafts of court a. Eric Holder, Jr., Attorney General;
produced any of the documents requested in filings. b. David Ogden, Former Deputy Attorney
this letter. Finally . . . we have also withheld internal General;
On July 15, 2011, Chairman Issa and Sen- communications that were generated in the c. Gary Grindler, Office of the Attorney
ator Grassley sent a letter to the DEA recourse of the Department’s effort to respond General and former Acting Deputy Attorney
questing documents pertaining to another to congressional and media inquiries about General;
target of the Fast and Furious investiga- Operation Fast and Furious. These records d. James Cole, Deputy Attorney General;
tion.61 The DEA was aware of this target be- were created in 2011, well after the comple- e. Lanny Breuer, Assistant Attorney Gen-
fore Fast and Furious became an OCDETF tion of the investigative portion of Operation eral;
case, a fact that raises serious questions Fast and Furious that the Committee has f. Ronald Weich, Assistant Attorney Gen-
about the lack of information-sharing among been reviewing and after the charging deci- eral;
Department components. Though DEA re- sions reflected in the January 25, 2011, in- g. Kenneth Blanco, Deputy Assistant At-
sponded to the letter on July 22, 2011, it, too, dictments. Thus, they were not part of the torney General;
did not provide any of the requested docu- communications regarding the development h. Jason Weinstein, Deputy Assistant At-
ments.62 and implementation of the strategy deci- torney General;
On September 1, 2011, Chairman Issa and sions that have not been the focus of the i. John Keeney, Deputy Assistant Attorney
Senator Grassley wrote to the Acting U.S. Committee’s inquiry . . . Disclosure would General;
Attorney in Arizona requesting documents have a chilling effect on agency officials’ de- j. Bruce Swartz, Deputy Assistant Attor-
and communications pertaining to Fast and liberations about how to respond to inquiries ney General;
Furious.63 As the office responsible for lead- from Congress or the media. Such a chill on k. Matt Axelrod, Associate Deputy Attor-
ing Fast and Furious, the Arizona U.S. At- internal communications would interfere ney General;
torney’s Office possesses a large volume of with our ability to respond as effectively and l. Ed Siskel, former Associate Deputy At-
documents relevant to the Committee’s in- efficiently as possible to congressional over- torney General;
vestigation. The Department of Justice, on sight requests.67 m. Brad Smith, Office of the Deputy Attor-
behalf of the U.S. Attorney’s Office for the
The following day, on October 12, 2011, ney General;
District of Arizona, did not respond to this
after the Department announced its inten- n. Kevin Carwile, Section Chief, Capital
letter until December 6, 2011, the eve of the
tion to cease producing documents respon- Case Unit, Criminal Division;
Attorney General’s testimony before the
sive to the Committee’s March 31, 2011, sub- o. Joseph Cooley, Criminal Fraud Section,
House Judiciary Committee.64
On September 27, 2011, Chairman Issa and poena to Melson, the Committee issued a Criminal Division; and,
Senator Grassley sent a letter to the Attor- subpoena to Attorney General Eric Holder p. James Trusty, Acting Chief, Organized
ney General raising questions about informa- demanding documents relating to Fast and Crime and Gang Section.
Furious. Department Response: In late October 2011,
B. SUBPOENA SCHEDULE REQUESTS the Department acknowledged that it had
55 Letter from Ass’t Att’y Gen. Ronald Weich to
In the weeks following the issuance of the ‘‘already begun searches of some of the
Chairman Darrell Issa (Sep. 1, 2011).
56 Letter from Ass’t Att’y Gen. Ronald Weich to subpoena, Committee staff worked closely custodians listed here relating to Fast and
Chairman Darrell Issa and Senator Charles Grassley with Department lawyers to provide clari- Furious, such as in response to the Chair-
(Sep. 30, 2011). fications about subpoena categories, and to man’s letter of 7/11/11.’’ 70 Still, it has pro-
57 Letter from Ass’t Att’y Gen. Ronald Weich to
assist the Department in prioritizing docu- duced no documents since the issuance of the
Chairman Darrell Issa (Oct. 11, 2011) [hereinafter ments for production. Committee and De- subpoena pursuant to subpoena categories
Oct. 11 Letter]. partment staff engaged in discussions span- 1(a), 1(b), 1(g), 1(i), and 1(k), only two docu-
58 Letter from Chairman Darrell Issa and Senator
ning several weeks to enable the Department ments pursuant to subpoena category 1(d),
Charles Grassley to Att’y Gen. Eric Holder (July 11,
2011). to better understand what the Committee and very few documents pursuant to sub-
59 Letter from Ass’t Att’y Gen. Ronald Weich to was specifically seeking. During these con- poena category 1(j) and 1(l).
Chairman Darrell Issa (Oct. 31, 2011) [hereinafter versations, the Committee clearly articu- 2. All communications between and among
Oct. 31 Letter]. lated its investigative priorities as reflected Department of Justice (DOJ) employees and
60 Letter from Chairman Darrell Issa and Senator in the subpoena schedule. The Department Executive Office of the President employees,
Charles Grassley to FBI Dir. Robert Mueller (July memorialized these priorities with speci- including but not limited to Associate Com-
11, 2011) [hereinafter Mueller Letter].
ficity in an October 31, 2011, e-mail from the munications Director Eric Schultz, referring
61 Letter from Chairman Darrell Issa and Senator
Office of Legislative Affairs.68 or relating to Operation Fast and Furious or
Charles Grassley to DEA Adm’r Michele Leonhart
(July 15, 2011). any other firearms trafficking cases.
62 Letter from DEA Adm’r Michele Leonhart to 65 Letter from Chairman Darrell Issa and Senator Department Response: The Department ac-
Chairman Darrell Issa and Senator Charles Grassley Charles Grassley to Att’y Gen. Eric Holder (Sep. 27, knowledged that the Committee identified
(July 22, 2011). 2011). several people likely to be custodians of
63 Letter from Chairman Darrell Issa and Senator 66 Oct. 11 Letter, supra note 57.
Charles Grassley to Acting U.S. Att’y Ann Scheel 67 Id.
(Sep. 1, 2011). 68 E-mail from Office of Leg. Affairs Staff, U.S. 69 Letter from Deputy Att’y Gen. James Cole to
64 Letter from Ass’t Att’y Gen. Ronald Weich to Dep’t of Justice, to Investigations Staff, H. Comm. Chairman Darrell Issa (May 15, 2012), at 4 [herein-
Chairman Darrell Issa and Senator Charles Grassley on Oversight and Gov’t Reform (Oct. 31, 2011) [hereafter May 15 Cole Letter].
(Dec. 6, 2011) [hereinafter Dec. 6 Letter]. inafter OLA e-mail]. 70 OLA e-mail.
these documents.71
Though the Department news article stated that ‘‘[n]obody was more the congressional investigation for nearly a
has stated it has produced documents pursu- astonished to learn of the case than Zapata’s year. These documents will show the reac-
ant to this subpoena category, the Com- parents, who didn’t know that [the defend- tions of top officials when confronted with
mittee has not found any documents pro- ant] had been arrested or linked to their evidence about gunwalking in Fast and Furi-
duced by the Department responsive to this son’s murder.’’ 77 Press accounts alleged that ous. The documents will also show whether
subpoena category.72 the defendant had been ‘‘under ATF surveil- these officials knew about, or were surprised
3. All communications between DOJ em- lance for at least six months before a rifle he to learn of, the gunwalking. Additionally,
ployees and Executive Office of the President trafficked was used in Zapata’s murder’’—a these documents will reveal the identities of
employees referring or relating to the Presi- situation similar to what took place during Department officials who orchestrated var-
dent’s March 22, 2011, interview with Jorge Fast and Furious.78 Despite this revelation, ious forms of retaliation against the whistle-
Ramos of Univision. the Department failed to produce any docu- blowers.
Department Response: The Department rep- ments responsive to this subpoena category. 11. All communications sent or received be-
resented that it would ‘‘check on commu- 7. All communications to or from William tween:
nications with WH Press Office in the time Newell, former Special Agent-in-Charge for a. December 16, 2009 and December 18, 2009;
period preceding the President’s 3/22/11 inter- ATF’s Phoenix Field Division, between: and,
view,’’ and that it had identified the most a. December 14, 2010 to January 25, 2011; b. March 9, 2011, and March 14, 2011, to or
likely custodians of those documents.73 and, from the following individuals:
Nonetheless, it has produced no documents b. March 16, 2009 to March 19, 2009. i. Emory Hurley, Assistant U.S. Attorney,
responsive to this subpoena category. The Department Response: The Department has Office of the U.S. Attorney for the District of
Department has not informed the Committee not produced any documents responsive to Arizona;
that no documents exist responsive to this subpoena category 7(b), despite its under- ii. Michael Morrissey, Assistant U.S. At-
schedule number. standing that the Committee sought docu- torney, Office of the U.S. Attorney for the
4. All documents and communications re- ments pertaining ‘‘to communications with District of Arizona;
ferring or relating to any instances prior to [Executive Office of the President] staff re- iii. Patrick Cunningham, Chief, Criminal
February 4, 2011, where the Bureau of Alco- garding gun control policy’’ within a specific Division, Office of the U.S. Attorney for the
hol, Tobacco, Firearms and Explosives (ATF) and narrow timeframe.79 The Department District of Arizona;
failed to interdict weapons that had been il- has not informed the Committee that no doc- iv. David Voth, Group Supervisor, ATF;
legally purchased or transferred. uments exist responsive to this schedule and,
Department Response: The Department has number. v. Hope MacAllister, Special Agent, ATF.
produced some documents responsive to this 8. All Reports of Investigation (ROIs) re- Department Response: The Department ac-
subpoena category. lated to Operation Fast and Furious or ATF knowledged that it ‘‘will first search these
5. All documents and communications re- Case Number 785115–10–0004. custodians for records re a) the Howard
ferring or relating to any instances prior to Department Response: Department rep- meeting in 12/09; and b) the ROI or memo
February 4, 2011, where ATF broke off sur- resentatives contended that this subpoena that was written during this time period re-
veillance of weapons and subsequently be- category ‘‘presents some significant issues lating to the Howard mtng in 12/09.’’ 82 Al-
came aware that those weapons entered Mex- for’’ the Department due to current and po- though the Department has produced docu-
ico. tential future indictments.80 The Depart- ments that are purportedly responsive to
Department Response: The Department has ment has not produced any documents re- this category, these documents do not per-
produced documents responsive to this sub- sponsive to this subpoena category. The De- tain to the subject matter that the Depart-
poena category. partment has not informed the Committee ment understands that the Committee is
Most of the responsive documents the De- that no documents exist responsive to this seeking.
partment has produced pursuant to the sub- schedule number. 12. All communications sent or received be-
poena pertain to categories 4 and 5 and re- 9. All communications between and among tween December 15, 2010, and December 17,
late to earlier cases the Department has de- Matt Axelrod, Kenneth Melson, and William 2010, to or from the following individuals in
scribed as involving gunwalking. The De- Hoover referring or relating to ROIs identi- the U.S. Attorney’s Office for the District of
partment produced these documents strate- fied pursuant to Paragraph 8. Arizona:
gically, advancing its own narrative about Department Response: The Department ac- a. Dennis Burke, former United States At-
why Fast and Furious was neither an iso- knowledged its understanding that this re- torney;
lated nor a unique program. It has attempted quest specifically pertained to ‘‘emails Ken b. Emory Hurley, Assistant United States
to accomplish this objective by simulta- sent to Matt and Billy, expressing concerns, Attorney;
neously producing documents to the media perhaps in March 2011, [that] are core to [the c. Michael Morrissey, Assistant United
and the Committee. Committee’s] work, and we’ll look at States Attorney; and,
6. All documents and communications re- those.’’ 81 Still, it has produced no documents d. Patrick Cunningham, Chief of the Crimi-
ferring or relating to the murder of Immigra- pursuant to this subpoena category. The De- nal Division.
tions and Customs Enforcement Agent Jaime Department Response: The Department un-
partment has not informed the Committee
Zapata, including, but not limited to, docu- derstood that the Committee’s ‘‘primary in-
that no documents exist responsive to this
ments and communications regarding terest here is in the communications during
schedule number.
Zapata’s mission when he was murdered, this time period that relate to the Terry
10. All documents and communications be-
Form for Reporting Information That May death and, per our conversation, we will
tween and among former U.S. Attorney Den-
Become Testimony (FD–302), photographs of start with those.’’ 83 Although the Depart-
nis Burke, Attorney General Eric Holder,
the crime scene, and investigative reports ment has produced some documents respon-
Jr., former Acting Deputy Attorney General
prepared by the FBI. sive to this subpoena category, it has not
Gary Grindler, Deputy Attorney General
Department Response: The Department represented that it has produced all respon-
James Cole, Assistant Attorney General
‘‘understand[s] that the Zapata family has sive documents in this category.
Lanny Breuer, and Deputy Assistant Attor- 13. All communications sent or received be-
complained that they’ve been ‘kept in the ney General Jason Weinstein referring or re-
dark’ about this matter’’ which necessitated tween August 7, 2009, and March 19, 2011, be-
lating to Operation Fast and Furious or any tween and among former Ambassador to
this subpoena category.74 The Department OCDETF case originating in Arizona.
‘‘conferred with the U.S. Attorney’s Office Mexico Carlos Pascual; Assistant Attorney
Department Response: The Department has General Lanny Breuer; and Deputy Assistant
. . . which we hope will be helpful to them produced some documents responsive to this
and perhaps address the concerns that are Attorney General Bruce Swartz.
subpoena category. Department Response: The Department ac-
the basis of this item.’’ 75 Though the Depart- A complete production of these documents
ment has stated it has produced documents knowledged that it ‘‘understand[s] the Com-
is crucial to allow Congress to understand mittee’s focus here is Firearms Trafficking
pursuant to this subpoena category, the how senior Department officials came to
Committee has not found any documents issues along the SW Border, not limited to
know that the February 4, 2011, letter to Fast & Furious.’’ 84 The Department has pro-
produced by the Department responsive to Senator Grassley was false, why it took so
this subpoena category.76 duced some documents responsive to this
long for the Department to withdraw the let- subpoena category.
In late February 2012, press accounts re-
ter despite months of congressional pressure 14. All communications sent or received be-
vealed that prosecutors had recently sen-
to do so, and why the Department obstructed tween August 7, 2009, and March 19, 2011, be-
tenced a second individual in relation to the
murder of Immigration and Customs En- tween and among former Ambassador to
forcement (ICE) Agent Jaime Zapata. One
77 Sharyl Attkisson, Second gun used in ICE agent Mexico Carlos Pascual and any Department
murder linked to ATF undercover operation, (Feb. 22, of Justice employee based in Mexico City re-
2012, 5:29 P.M.), http://www.cbsnews.com/8301- ferring or relating to firearms trafficking
71 Id. 31727_162-57383089-10391695/second-gun-used-in-ice-
72 May
initiatives, Operation Fast and Furious or
15 Cole Letter, at 4. agent-murder-linked-to-atf-undercover-operation/.
73 Id. 78 Id.
74 Id. 79 OLA e-mail, supra note 68. 82 Id.
75 Id. 80 Id. 83 Id.
76 May 15 Cole Letter, at 4. 81 Id. 84 Id.
any firearms trafficking case based in Ari- category. The Department has not informed ecutive Branch agency. Unfortunately, the
zona, or any visits by Assistant Attorney the Committee that no documents exist re- Department’s actions have not matched its
General Lanny Breuer to Mexico. sponsive to this schedule number. rhetoric. Instead, it has chosen to prolong
Department Response: The Department has 19. All documents and communications be- the investigation and impugn the motives of
produced only a handful of pages responsive tween and among FBI employees in Arizona the Committee. A statement the Attorney
to this subpoena category, even though it and the FBI Laboratory, including but not General made at the February 2, 2012, hear-
‘‘understand[s] that [the Committee] wants limited to employees in the Firearms/ ing was emblematic of the Department’s pos-
[the Department] to approach this effort Toolmark Unit, referring or relating to the ture with respect to the investigation:
with efficiency.’’ 85 Despite the Committee’s firearms recovered during the course of the But I also think that if we are going to
request for an efficient effort, the Depart- investigation of Brian Terry’s death. really get ahead here, if we are really going
ment produced a key document regarding Department Response: The Department’s un-
to make some progress, we need to put aside
Attorney General Lanny Breuer three and a derstanding was that ‘‘[the Committee’s]
the political gotcha games in an election
half months after the subpoena was issued, focus here is how evidence was tagged at the
year and focus on matters that are ex-
after several previous document productions, scene of Agent Terry’s murder, how evidence
tremely serious.95
and long after Breuer testified before Con- was processed, how the FBI ballistics report
gress and could be questioned about the doc- was prepared and what it means.’’ 90 Despite This attitude with respect to a legitimate
ument. Given the importance of the contents this clear understanding, the Department congressional inquiry has permeated the De-
of the document and the request for an effi- has produced no documents responsive to partment’s ranks. Had the Department dem-
cient effort on the part of the Department in this subpoena category. The Department has onstrated a willingness to cooperate with
this subpoena category, it is inconceivable not informed the Committee that no docu- this investigation from the outset—instead
that the Department did not discover this ments exist responsive to this schedule num- of attempting to cover up its own internal
document months prior to its production. ber. mismanagement—this investigation likely
The Department’s actions suggest that it 20. All agendas, meeting notes, meeting would have concluded well before the elec-
kept this document hidden for strategic and minutes, and follow-up reports for the Attor- tion year even began. The Department has
public relations reasons. ney General’s Advisory Committee of U.S. intentionally withheld documents for
15. Any FD–302 relating to targets, sus- Attorneys between March 1, 2009, and July months, only to release a selected few on the
pects, defendants, or their associates, bosses, 31, 2011, referring or relating to Operation eve of the testimony of Department offi-
or financiers in the Fast and Furious inves- Fast and Furious. cials.96 The Department has impeded the
tigation, including but not limited to any Department Response: This category asks ability of a co-equal branch of government to
FD–302s ATF Special Agent Hope for documents from the Attorney General’s perform its constitutional duty to conduct
MacAllister provided to ATF leadership dur- Advisory Committee within a clearly speci- Executive Branch oversight. By any meas-
ing the calendar year 2011. fied date range. Despite the fact that the De- ure, it has obstructed and slowed the Com-
Department Response: The Department partment has acknowledged this category mittee’s work.
‘‘understand[s] that [the Committee’s] pri- ‘‘is clear,’’ the Department has produced no The Committee has been unfailingly pa-
mary focus here is the 5 FBI 302s that were documents responsive to this subpoena cat- tient in working with Department represent-
egory.91 The Department has not informed atives to obtain information the Committee
provided to SA MacAllister, which she later
the Committee that no documents exist re- requires to complete its investigation. The
gave to Messrs. Hoover and Melson.’’ 86 De-
sponsive to this schedule number. Department’s progress has been unaccept-
spite the specificity of this document re-
21. All weekly reports and memoranda for ably slow in responding to the October 12,
quest, the Department has not produced any
the Attorney General, either directly or 2011, subpoena issued to the Attorney Gen-
documents responsive to this schedule num-
through the Deputy Attorney General, from eral. Complying with the Committee’s sub-
ber. The Department has not informed the
any employee in the Criminal Division, ATF, poena is not optional. Indeed, the failure to
Committee that no documents exist respon-
DEA, FBI, or the National Drug Intelligence produce documents pursuant to a congres-
sive to this schedule number.
Center created between November 1, 2009 and sional subpoena is a violation of federal
16. Any investigative reports prepared by
September 30, 2011. law.97 Because the Department has not cited
the FBI or Drug Enforcement Administra-
Department Response: This category asks any legal authority as the basis for with-
tion (DEA) referring or relating to targets,
for weekly reports and memoranda to the holding documents pursuant to the subpoena
suspects, or defendants in the Fast and Furi-
Attorney General from five different Depart- its efforts to accommodate the Committee’s
ous case.
ment components ‘‘regarding ATF cases re constitutional obligation to conduct over-
Department Response: The Department was
sight of the Executive Branch are incom-
‘‘uncertain about the volume here,’’ regard- firearms trafficking.’’ 92 The Department has
plete.
ing the amount of documents, and pledged to produced some documents responsive to this
‘‘work[ ] on this [with] DEA and FBI.’’ 87 De- subpoena category. 1. IN CAMERA REVIEWS
spite this pledge, it has produced no docu- 22. All surveillance tapes recorded by pole In an attempt to accommodate the Justice
ments responsive to this subpoena category. cameras inside the Lone Wolf Trading Co. Department’s interests, Committee staff has
The Department has not informed the Com- store between 12:00 a.m. on October 3, 2010, viewed documents responsive to the sub-
mittee that no documents exist responsive to and 12:00 a.m. on October 7, 2010. poena that the Department has identified as
this schedule number. Department Response: This category asks sensitive in camera at Department head-
17. Any investigative reports prepared by for all ATF surveillance tapes from Lone quarters. Committee staff has visited the De-
the FBI or DEA relating to the individuals Wolf Trading Company between two speci- partment on April 12, May 4, June 17, Octo-
described to Committee staff at the October fied dates in October 2010. Both the Com- ber 12, and November 3, 2011, as well as on
5, 2011, briefing at Justice Department head- mittee and the Department ‘‘understand a January 30 and February 27, 2012 to view
quarters as Target Number 1 and Target break-in occurred’’ at that time.93 The De- these documents. Many of the documents
Number 2. partment has produced no documents respon- made available for in camera review, how-
Department Response: The Department ac- sive to this subpoena category. The Depart- ever, have been repetitive in nature. Many
knowledged that it ‘‘think[s] we understand ment has not informed the Committee that other documents seemingly do not contain
this item.’’ 88 Despite this understanding, it no documents exist responsive to this sched- any sensitive parts that require them to be
has produced no documents responsive to ule number. viewed in camera. Other documents are alto-
this subpoena category. The Department has C. ATTEMPTS OF ACCOMMODATION BY THE COM- gether non-responsive to the subpoena.
not informed the Committee that no docu- Committee staff has spent dozens of hours
MITTEE, LACK OF COMPLIANCE BY THE JUS-
ments exist responsive to this schedule num- at Department headquarters reviewing these
TICE DEPARTMENT
ber. In public statements, the Department has
18. All documents and communications in maintained that it remains committed to
95 Id.
96 On Friday January 27, 2012, just days before the
the possession, custody or control of the ‘‘work[ing] to accommodate the Committee’s
DEA referring or relating to Manuel Fabian Attorney General testified before Congress, docu-
legitimate oversight needs.’’ 94 The Depart- ments were delivered to the Senate Judiciary Com-
Celis-Acosta. ment, however, believes it is the sole arbiter mittee so late in the evening that a disc of files had
Department Response: The Department
of what is ‘‘legitimate.’’ In turn, the Com- to be slipped under the door. This is not only an ex-
agreed to ‘‘start with records regarding in- treme inconvenience for congressional staff but also
mittee has gone to great lengths to accom-

formation that DEA shared with ATF about deprives staff of the ability to review the materials
modate the Department’s interests as an Ex-
Acosta, which we understand to be the focus in a timely manner.
of your interest in this item.’’ 89 Despite this 97 2 U.S.C. 192 states, in pertinent part:
90 Id. Every person who having been summoned as a wit-
understanding, the Department has produced
91 Id. ness by the authority of either House of Congress to
no documents responsive to this subpoena 92 Id. give testimony or to produce papers upon any mat-
93 Id. ter under inquiry before . . . any committee of ei-
85 Id. 94 Fast and Furious: Management Failures at the De- ther House of Congress, willfully makes default . . .
86 Id. partment of Justice: Hearing Before the H. Comm. on shall be deemed guilty of a misdemeanor, punishable
87 Id. Oversight and Gov’t Reform, 112th Cong. (Feb. 2, 2012) by a fine of not more than $1,000 nor less than $100
88 Id. (Statement of Hon. Eric H. Holder, Jr., Att’y Gen. of and imprisonment in a common jail for not less than
89 Id. the U.S.). one month nor more than twelve months.
documents. In addition, the Department has 26, 2011, report entitled The Department of stances in which the Justice Department has
identified hundreds of other sensitive docu- Justice’s Operation Fast and Furious: Fueling openly acknowledged it would not comply
ments responsive to the subpoena, which it Cartel Violence, and gave the Department an with the Committee’s requests. These pro-
refuses to make available even for in camera opportunity to suggest its own redactions nouncements began with the March 31, 2011,
review, instead withholding them from the before the documents became public.101 subpoena to the former Acting ATF Direc-
Committee altogether. The Committee has These actions are consistent with the Com- tor, continued through the Committee’s Oc-
made these accommodations to the Depart- mittee’s willingness to accommodate the De- tober 12, 2011, subpoena to the Attorney Gen-
ment at the expense of not being able to partment’s interests. eral, and persist to this day.
make these documents available for review 3. PRIVILEGE LOG (a) March 31, 2011, Subpoena
by Committee Members.
Mindful of the Justice Department’s pre- On March 16, 2011, Chairman Issa sent a
2. REDACTED DOCUMENTS letter to the then-Acting ATF Director re-
rogatives as an Executive Branch agency,
The Department has redacted varying por- the Committee has offered the opportunity questing documents about Fast and Furi-
tions of many of the documents it has pro- for the Department to prepare a privilege log ous.104 As part of this request, Chairman Issa
duced. These redactions purportedly protect of documents responsive to the subpoena but asked for a ‘‘list of individuals responsible
ongoing criminal investigations and prosecu- withheld from production. A privilege log for authorizing the decision to ‘walk’ guns to
tions, as well as other sensitive data. The would outline the documents withheld and Mexico in order to follow them and capture
Department has so heavily redacted some the specific grounds for withholding. Such a a ‘bigger fish.’ ’’ 105 On the afternoon of
documents produced to Congress that they log would serve as the basis for negotiation March 30, 2011, the deadline given in Chair-
are unintelligible. There appears to be no ob- between the Committee and the Department man Issa’s letter, Department staff partici-
jective, consistent criteria delineating why about prioritizing the documents for poten- pated in a conference call with Committee
some documents were redacted, only pro- tial production. staff. During that call, Department staff ex-
vided in camera, or withheld entirely. On January 31, 2012, Chairman Issa wrote pressed a lack of understanding over the
On the evening of May 2, 2011, Department meaning of the word ‘‘list.’’ 106 Department
to the Attorney General. He said:
of Justice representatives notified the Com- officials further informed Committee staff
mittee that the Department was planning to Should you choose to continue to withhold that the Department would not produce doc-
make approximately 400 pages of documents documents pursuant to the subpoena, you uments by the deadline and were uncertain
available for an in camera review at its head- must create a detailed privilege log explain- when they would produce documents in the
quarters.98 Committee staff went to review ing why the Department is refusing to future. Committee staff understood this re-
those documents on May 4, 2011, only to dis- produce each document. If the Department sponse to mean the Department did not in-
cover they were partially, or in some cases continues to obstruct the congressional intend to cooperate with the Committee’s in-
almost completely, redacted. Since these quiry by not providing documents and infor- vestigation.
documents were only made available pursu- mation, this Committee will have no alter- The next day Chairman Issa authorized a
ant to Committee’s first subpoena and only native but to move forward with proceedings subpoena for the Acting ATF Director. The
on an in camera basis, redactions were inap- to hold you in contempt of Congress.102 following day, the Department wrote to
propriate and unnecessary. On February 14, 2012, Chairman Issa again Chairman Issa. Assistant Attorney General
On June 14, 2011, the Department produced Ronald Weich wrote:
wrote to the Attorney General. He said:
65 pages of documents to the Committee in a
production labeled ‘‘Batch 4.’’ 99 Of these 65 We cannot wait any longer for the Depart- As you know, the Department has been
pages, every single one was at least partially ment’s cooperation. As such please specify a working with the Committee to provide doc-
redacted, 44 were completely redacted, and 61 date by which you expected the Department uments responsive to its March 16 request to
had redactions covering more than half of to produce all documents responsive to the the Bureau of Alcohol, Tobacco, Firearms
the page. subpoena. In addition, please specify a De- and Explosives. Yesterday, we informed
On July 18, 2011, after more than a month partment representative who will interface Committee staff that we intended to produce
of discussions between Committee and De- with the Committee for production purposes a number of responsive documents within
partment staff, the Department finally in- . . . This person’s primary responsibility the next week. As we explained, there are
cluded a redaction code that identifies the should be to identify for the Committee all some documents that we would be unable to
reason for each redaction within a docu- documents the Department has determined provide without compromising the Depart-
ment.100 While the Department has used this to be responsive to the subpoena but is refus- ment’s ongoing criminal investigation into
redaction code in subsequent document pro- ing to produce, and should provide a privi- the death of Agent Brian Terry as well as
ductions to the Committee, documents pro- lege log of the documents delineating why other investigations and prosecutions, but
duced and redacted prior to July 18, 2011, do each one is being withheld from Congress. we would seek to work productively with the
not have the benefit of associated redaction Please direct this individual to produce this Committee to find other ways to be respon-
codes for each redaction. log to the Committee without further sive to its needs.107
The Department has over-redacted certain delay.103 Despite the Department’s stated intention
documents. The Committee has obtained
On several occasions, Committee staff has to produce documents within the next week,
many of these documents through whistle-
asked the Department to provide such a it produced no documents for over two
blowers and has compared some of them with
privilege log, including a listing, category- months, until June 10, 2011. In the interim,
those produced by the Department. In some
by-category, of documents the Department the Department made little effort to work
instances, the Department redacted more
has located pursuant to the subpoena and the with the Committee to define the scope of
text than necessary, making it unnecessarily
reason the Department will not produce the documents required by the subpoena.
difficult and sometimes impossible for the On April 8, 2011, the Department wrote to
Committee, absent the documents provided those documents. Despite these requests,
however, the Department has neither pro- Chairman Issa to inform the Committee that
by whistleblowers, to investigate decisions it had located documents responsive to the
made by Department officials. duced a privilege log nor responded to this
aspect of Chairman Issa’s letters of January subpoena. Assistant Attorney General Weich
Further, any documents made available
31, 2012, and February 14, 2012. wrote that the Department did not plan to
pursuant to the Committee’s subpoenas must
The Department has not informed the share many of these materials with the Com-
not have any redactions. To fully and prop-
Committee that it has been unable to locate mittee. His letter stated:
erly investigate the decisions made by De-
partment officials during Fast and Furious, certain documents. This suggests that the To date, our search has located several law
the Committee requires access to documents Department is not producing responsive doc- enforcement sensitive documents responsive
in their entirety. The Department has not uments in its possession. Since the Depart- to the requests in your letter and the sub-
complied with this requirement. ment will not produce a privilege log, it has poena. We have substantial confidentiality
The Committee does recognize the impor- failed to make a good faith effort to accom- interests in these documents because they
tance of privacy interests and other legiti- modate the Committee’s legitimate over- contain information about ATF strategies
mate reasons the Department has for redact- sight interests. and procedures that could be used by individ-
ing portions of documents produced to the 4. ASSERTIONS OF NON-COMPLIANCE uals seeking to evade our law enforcement
Committee. The Committee has attempted efforts. We are prepared to make these docu-
The Committee’s investigation into Oper-

to accommodate the Department’s stated ation Fast and Furious is replete with in- ments, with some redactions, available for
concerns related to documents it believes are review by Committee staff at the Depart-
sensitive. The Committee intended to release ment. They will bear redactions to protect
101 E-mail from Office of Leg. Affairs Staff, U.S.
230 pages of documents in support of its July
Dep’t of Justice, to Staff, H. Comm. on Oversight
and Gov’t Reform (July 28, 2011). 104 Mar. 16 Letter, supra note 50.
98 Letter from Ass’t Att’y Gen. Ronald Weich to 102 Letter from Chairman Darrell Issa to Att’y Gen. 105 Id.
Chairman Darrell Issa (May 2, 2011). Eric Holder (Jan. 31, 2012) [hereinafter Jan. 31 Let- 106 Teleconference between Committee Staff and U.S.
99 Letter from Ass’t Att’y Gen. Ronald Weich to ter]. Dep’t of Justice Office of Leg. Affairs Staff (Mar. 30,
Chairman Darrell Issa (June 14, 2011). 103 Letter from Chairman Darrell Issa to Att’y Gen. 2011).
100 Letter from Ass’t Att’y Gen. Ronald Weich to Eric Holder (Feb. 14, 2012) (emphasis in original) 107 Letter from Ass’t Att’y Gen. Ronald Weich to
Chairman Darrell Issa (July 18, 2011). [hereinafter Feb. 14 Letter]. Chairman Darrell Issa (Apr. 1, 2011).
information about ongoing criminal inves- you say touch on Operation Fast and Furi- tively and efficiently as possible to congres-
tigations, investigative targets, internal de- ous. Chairman Issa’s staff previously raised sional oversight requests.116
liberations about law enforcement options, this issue with representatives of the Depart-
The next day, the Committee issued a sub-
and communications with foreign government and it is my understanding that discus-
poena to Attorney General Holder.
ment representatives. In addition, we noti- sions about whether and how to provide any
fied Committee staff that we have identified such sensitive law enforcement information (b) October 12, 2011, Subpoena
certain publicly available documents that have been ongoing. . . .112 On October 31, 2011, the Department pro-
are responsive. While our efforts to identify duced its first batch of documents pursuant
responsive documents are continuing, many On July 11, 2011, Chairman Issa and Sen- to the Committee’s October 12, 2011, sub-
of your requests seek records relating to on- ator Grassley wrote to the FBI requesting poena.117 This production consisted of 652
going criminal investigations. Based upon information on the issue of information pages. Of these 652 pages, 116 were about the
the Department’s longstanding policy re- sharing within the Department. The letter Kingery case, a case that the Department
garding the confidentiality of ongoing crimi- included a request for information relating wanted to highlight in an attempt to dis-
nal investigations, we are not in a position to the murder of Immigrations and Customs credit some of the original Fast and Furious
to disclose such documents, nor can we con- Enforcement Agent Jaime Zapata.113 On Au- whistleblowers. Twenty-eight additional
firm or deny the existence of records in our gust 12, 2011, the FBI responded. It wrote: pages were about an operation from the prior
ongoing investigative files. This policy is Your letter also asks for specific informa- administration, the Hernandez case, and 245
based on our strong need to protect the inde- tion related to the crime scene and events pages were about another operation from the
pendence and effectiveness of our law en- leading to the murder of ICE Agent Jaime prior administration, Operation Wide Re-
forcement efforts.108 Zapata in Mexico on February 15, 2011. As ceiver.
you know, crime scene evidence and the cir- Although the subpoena covered documents
The letter cited prior Department policy in
cumstances of a crime are generally not from the Hernandez and Wide Receiver cases,
support of its position of non-compliance:
made public in an ongoing investigation. their inclusion into the first production
We are dedicated to holding Agent Terry’s Furthermore, the investigative reports of an batch under the subpoena was indicative of
killer or killers responsible through the ongoing investigation are kept confidential the Department’s strategy in responding to
criminal justice process that is currently un- during the investigation to preserve the in- the subpoena. The Department briefed the
derway, but we are not in a position to pro- tegrity of the investigation and to ensure its press on these documents at the same time
vide additional information at this time re- successful conclusion. We regret that we can- as it produced them to the Committee. The
garding this active criminal investigation not provide more details about the investiga- Department seemed more interested in spin
for the reasons set forth above. . . .109 tion at this time, but we need to ensure all control than in complying with the congres-
appropriate steps are taken to protect the sional subpoena. Sixty percent of the docu-
On June 14, 2011, after the Department had
integrity of the investigation.114 ments in this first production were related
produced 194 pages of non-public documents
to either Kingery, Hernandez, or Wide Re-
pursuant to the subpoena, the Department The FBI did not provide any documents to ceiver, and therefore, unrelated to the grava-
informed the Committee that it was delib- the Committee regarding the information men of the Committee’s investigation into
erately withholding certain documents: sharing issues raised, though it did offer to Fast and Furious.
As with previous oversight matters, we provide a briefing to staff. It delivered that On December 2, 2011, shortly before the At-
have not provided access to documents that briefing nearly two months later, on October torney General’s testimony before the House
contain detailed information about our in- 5, 2011. Judiciary Committee, the Department pro-
vestigative activities where their disclosure On October 11, 2011, the Department wrote duced 1,364 pages of documents pertaining to
would harm our pending investigations and to Chairman Issa. The Department stated: the creation of its February 4, 2011, letter.118
prosecutions. This includes information that Despite its statements in the October 11,
would identify investigative subjects, sen- We believe that we have now substantially 2011, letter, the Department, through a letter
sitive techniques, anticipated actions, and concluded our efforts to respond to the Com- from Deputy Attorney General James Cole,
other details that would assist individuals in mittee requests set forth in the subpoena publicly admitted under pressure its obvious
evading our law enforcement efforts. Our and the letter of June 8th.115 misstatements, formally acknowledging that
judgments begin with the premise that we The Department was well aware that the the February 4, 2011, letter ‘‘contains inac-
will disclose as much as possible that is re- Committee was struggling to understand curacies.’’ 119
sponsive to the Committee’s interests, con- how the Department created its February 4, On December 13, 2011, on the eve of the
sistent with our responsibilities to bring to 2011, letter to Senator Grassley, which the Committee’s interview with Gary Grindler,
justice those who are responsible for the Committee believed to contain false infor- Chief of Staff to the Attorney General, the
death of Agent Terry and those who violate mation. To that end, the Department stated: Department produced 19 pages of responsive
federal firearms laws.110 documents.120
As we have previously explained to Com- On January 5, 2012, the Department pro-
The June 14, 2011, letter arrived one day mittee staff, we have also withheld internal duced 482 pages of documents responsive to
after the Committee held a hearing featuring communications that were generated in the the subpoena.121 Of these 482 pages, 304 of
constitutional experts discussing the legal course of the Department’s effort to respond them, or 63 percent, were related to the Wide
obligations of the Department to comply to congressional and media inquiries about Receiver case. This production brought the
with a congressional subpoena. The Depart- Operation Fast and Furious. These records total number of pages produced pursuant to
ment’s letter did not address the views ex- were created in 2011, well after the comple- Wide Receiver to 549, nearly 100 more than
pressed at the hearing, instead reiterating tion of the investigative portion of Operation the Department had produced at that time
its internal policy. The letter noted that the Fast and Furious that the Committee has regarding Fast and Furious in three docu-
Department would not provide access to doc- been reviewing and after the charging deci- ment productions.
uments discussing its use of ‘‘sensitive tech- sions reflected in the January 25, 2011, in- On January 27, 2012, the Department pro-
niques’’—even though these techniques were dictments. Thus, they were not part of the duced 486 pages of documents pursuant to
central to the Committee’s investigation. communications regarding the development the October 12, 2011, subpoena.122 In its cover
On July 5, 2011, Chairman Issa and Senator and implementation of the strategy deci- letter, the Department stated, ‘‘[t]he major-
Grassley wrote to the Department about se- sions that have been the focus of the Com- ity of materials produced today are respon-
rious issues involving the lack of informa- mittee’s inquiry. It is longstanding Execu- sive to items 7, 11 and 12 of your October 11
tion sharing among Department components, tive Branch practice not to disclose docu- subpoena.’’ There are no documents in the
in particular, between the FBI and DEA.111 ments falling into this category because dis- production, however, responsive to items 7(b)
These issues raised the possibility that the closure would implicate substantial Execu- or 11(b)(i–v). The Department wrote in its
Department had been deliberately con- tive Branch confidentiality interests and January 27 cover letter:
cealing information about Fast and Furious separation of powers principles. Disclosure
from the Committee, including the roles of would have a chilling effect on agency offi- We are producing or making available for
its component agencies. The next day, the cials’ deliberations about how to respond to review materials that are responsive to these
Department responded. It wrote: inquiries from Congress or the media. Such a
Your letter raises concerns about the al- chill on internal communications would 116 Id.
117 Oct. 31 Letter, supra note 59.
leged role of other agencies in matters that interfere with our ability to respond as effec-
118 Letter from Deputy Att’y Gen. James Cole to
Chairman Darrell Issa and Senator Charles Grassley
108 Letter from Ass’t Atty’y Gen. Ronald Weich to 112 Letter from Ass’t Att’y Gen. Ronald Weich to (Dec. 2, 2011).
Chairman Darrell Issa (Apr. 8, 2011). Chairman Darrell Issa and Senator Charles Grassley 119 Id.
109 Id. (July 6, 2011). 120 Letter from Ass’t Att’y Gen. Ronald Weich to
110 Letter from Ass’t Att’y Gen. Ronald Weich to 113 Mueller Letter, supra note 60. Chairman Darrell Issa and Senator Charles Grassley
Chairman Darrell Issa (Apr. 8, 2011). 114 Letter from Stephen Kelley, Ass’t Dir., FBI Of- (Dec. 13, 2011).
111 Letter from Chairman Darrell Issa and Senator fice of Congressional Affairs, to Chairman Darrell 121 Letter from Ass’t Att’y Gen. Ronald Weich to
Charles Grassley to Att’y Gen. Eric Holder (July 5, Issa and Senator Charles Grassley (Aug. 12, 2011). Chairman Darrell Issa (Jan. 5, 2012).
2011). 115 Oct. 11 Letter, supra note 57. 122 Cole Letter, supra note 37.
items, most of which pertain to the specific poena.127 These eight pages, given to the memos—consistent with the way in which
investigations that we have already identi- Committee by a whistleblower ten months the Department of Justice has always con-
fied to the Committee. We are not, however, earlier, were produced only because a tran- ducted itself in its interactions.131
providing materials pertaining to other mat- scribed interview with a former Associate He again impressed this point upon Com-
ters, such as documents regarding ATF cases Deputy Attorney General was to take place mittee Members later in the hearing:
that do not appear to involve the inappro- the next day.
priate tactics under review by the Com- On March 2, 2012, the Department produced Well, with the regard to provision of e-
mittee; non-ATF cases, except for certain in- 26 pages of documents pursuant to the Octo- mails, I thought I’ve made it clear that after
formation relating to the death of Customs ber 12, 2011, subpoena.128 Five of these docu- February the 4th it is not our intention to
and Border Protection Agent Brian Terry; ments were about the Kingery case. Four- provide e-mail information consistent with
administrative matters; and personal teen documents—over half of the produc- the way in which the Justice Department
records.123 tion—related to Wide Receiver. Seven pages has always conducted itself.132
were duplicate copies of a press release al- The Department reiterated this position
The Department refused to produce docu-
ready produced to the Committee. less than a week later in a December 14, 2011,
ments pursuant to the subpoena regarding On March 16, 2012, the Department pro-
investigations that it had not previously transcribed interview of Gary Grindler, the
duced 357 pages of documents pursuant to Attorney General’s Chief of Staff. Depart-
specified to the Committee, or investigations the subpoena. Three hundred seven of these
that ‘‘do not appear’’ to involve inappro- ment counsel broadened the Department’s
pages, or 86 percent, related to the Her- position with respect to sharing documents
priate tactics. In doing so, the Department nandez and Medrano cases from the prior Ad-
made itself the sole arbiter of the Commit- created after February 4, 2011, in refusing to
ministration. Twenty other pages had been allow Grindler to answer any questions re-
tee’s investigative interests, as well as of the previously produced by the Department, and lating to conversations that he had with
use of ‘‘inappropriate’’ tactics. The Depart- seven pages were publicly available on the anyone in the Department regarding Fast
ment has prevented Congress from executing Justice Department’s website. and Furious after February 4, 2011. Grindler
its constitutionally mandated oversight On April 3, 2012, the Department produced stated:
function, preferring instead to self-regulate. 116 pages of documents pursuant to the sub-
The October 12, 2011, subpoena, however, What I am saying is that the Attorney
poena. Forty four of these pages, or 38 per-
covers all investigations in which ATF failed General made it clear at his testimony last
cent, related to cases other than Fast and
to interdict weapons that had been illegally week that we are not providing information
Furious. On April 19, 2012, the Department
purchased or transferred—not just those to the committee subsequent to the Feb-
produced 188 pages of documents pursuant to
cases previously identified by the Depart- ruary 4th letter.133
the subpoena.
ment. The subpoena does not give the De- On May 15, 2012, the Department produced Department counsel expanded the position
partment the authority to define which tac- 29 pages of documents pursuant to the sub- the Attorney General articulated regarding
tics are inappropriate. Rather, the language poena. Ten of these pages, or 36 percent, re- documentary evidence at the House Judici-
in sections 4 and 5 of the subpoena schedule lated to cases other than Fast and Furious. ary Committee hearing to include testi-
is clear. The Department’s refusal to cooper- The Department has produced a total of monial evidence as well.134 Given the initial
ate on this front and only produce docu- 6,988 pages to the Committee to date.129 response by the Department to the congres-
ments about investigations that it had pre- Though the Department recently stated that sional inquiry into Fast and Furious, the
viously identified—documents that support it has ‘‘provided documents to the Com- comments by Department counsel created a
the Department’s press strategy—is in viola- mittee at least twice every month since late barrier preventing Congress from obtaining
tion of its obligation to cooperate with con- last year,’’ the Department has not produced vital information about Fast and Furious.
gressional oversight. any documents to the Committee in over 30 The Department has maintained this posi-
On January 31, 2012, Chairman Issa again days.130 tion during additional transcribed inter-
wrote to the Attorney General, this time views. In an interview with Deputy Assistant
(c) Post-February 4, 2011, Documents Attorney General Jason Weinstein on Janu-
asking that the Department produce all doc-
uments pursuant to the subpoena by Feb- Many of the documents the October 12, ary 10, 2012, Department counsel prohibited
ruary 9, 2012.124 The following day, the De- 2011, subpoena requires were created or pro- him from responding to an entire line of
partment responded. It stated: duced after February 4, 2011. The Depart- questioning about his interactions with the
ment first responded to Congress about Fast Arizona U.S. Attorney’s Office because it
Your most recent letter asks that we com- and Furious on this date. The Department ‘‘implicates the post-February 4th pe-
plete the production process under the Octo- has steadfastly refused to make any docu- riod.’’ 135
ber 11, 2011, subpoena by February 9, 2012. ments created after February 4, 2011, avail- Understanding the post-February 4th pe-
The broad scope of the Committee’s requests able to the Committee. riod is critical to the Committee’s investiga-
and the volume or material to be collected, The Department’s actions following the tion. Furthermore, documents from this pe-
processed and reviewed in response make it February 4, 2011, letter to Senator Grassley riod are responsive to the October 12, 2011,
impossible to meet that deadline, despite our are crucial in determining how it responded subpoena. For example, following the Feb-
good faith efforts. We will continue in good to the serious allegations raised by the whis- ruary 4, 2011, letter, Jason Weinstein, at the
faith to produce materials, but it simply will tleblowers. The October 12, 2011, subpoena behest of Assistant Attorney General Breuer,
not be possible to finish the collection, proc- covers documents that would help Congress prepared an analytical review of Fast and
essing and review of materials by the date understand what the Department knew Furious.136 Weinstein interviewed Emory
sought in your most recent letter.125 about Fast and Furious, including when and Hurley and Patrick Cunningham of the Ari-
how it discovered its February 4 letter was zona U.S. Attorney’s office as part of this re-
Yet, as discussed in Section V.B above, the view.137 The document that resulted from
Department was acutely aware in October false, and the Department’s efforts to con-
ceal that information from Congress and the Weinstein’s analysis specifically discussed
2011, approximately three months earlier, ex- issues relevant to the Committee’s inquiry.
actly what categories of documents the Com- public. Such documents would include those
To date, the Department has not produced
mittee was seeking. In response to the sub- relating to actions the Department took to
documents related to Weinstein’s review to
poena, the Department had, up to February silence or retaliate against Fast and Furious
the Committee.
1, 2012, produced more documents relating to whistleblowers and to find out what had hap- Chairman Issa has sent several letters urg-
a single operation years before Fast and Fu- pened, and how the Department assessed the ing the Department to produce documents
rious even began than it had relating to Op- culpability of those involved in the program. pertaining to the Fast and Furious from the
eration Fast and Furious itself. The Attorney General first expressed the post-indictment period, and raising the pos-
On February 16, 2012, the Department pro- Department’s position regarding documents sibility of contempt if the Attorney General
duced 304 pages of documents pursuant to created after February 4, 2011, in his testi- chose not to comply. Initially, the Depart-
the subpoena.126 The production included mony before the House Judiciary Committee ment refused to produce any documents cre-
nearly 60 pages of publicly available and pre- on December 8, 2011. In no uncertain terms, ated after January 25, 2011, the date that the
viously produced information, as well as he stated:
other documents previously produced to the [W]ith regard to the Justice Department as 131 Oversight Hearing on the United States Department
Committee. a whole—and I’m certainly a member of the of Justice: Hearing Before the H. Comm. on the Judici-
On February 27, 2012, the Department pro- Justice Department—we will not provide ary, 112th Cong. (Dec. 8, 2011) (Test. of Hon. Eric H.
duced eight pages pursuant to the sub- memos after February the 4th . . . e-mails, Holder, Jr., Att’y Gen. of the U.S.).
132 Id.
133 Transcribed Interview of Gary Grindler, Chief of
123 Id. 127 Letter from Ass’t Att’y Gen. Ronald Weich to Staff to the Att’y Gen., at 22 (Dec. 14, 2011) [herein-
124 Jan. 31 Letter, supra note 102. Chairman Darrell Issa (Feb. 27, 2012). after Grindler Tr.].
125 Letter from Deputy Att’y Gen. James Cole to 128 Letter from Ass’t Att’y Gen. Ronald Weich to 134 Id.
Chairman Darrell Issa (Feb. 1, 2012) [hereinafter Feb. Chairman Darrell Issa (Mar. 2, 2012). 135 Transcribed Interview of Jason Weinstein, Dep-
1 Letter]. 129 The most recent production by the Department, uty Ass’t Att’y Gen. at 177 (Jan. 10, 2012).
126 Letter from Ass’t Att’y Gen. Ronald Weich to on May 15, 2012, ended with Bates number HOGR 136 Transcribed Interview of Dennis K. Burke at
Chairman Darrell Issa (Feb. 16, 2012) [hereinafter 006988. 158–60 (Dec. 13, 2011).
Feb. 16 Letter]. 130 May 15 Cole Letter, supra note 69. 137 Id. at 158–59.
case was unsealed. On November 9, 2011, to congressional and media inquiries about here to this rolling production schedule until
Chairman Issa wrote to the Department: Operation Fast and Furious. These records we have completed the process of producing
were created in 2011, well after the comple- all responsive documents to which the Com-
Over the past six months, Senator Grassley
tion of the investigative portion of Operation mittee is entitled, consistent with the long-
and I have asked for this information on
Fast and Furious that the Committee has standing policies of the Executive Branch
many occasions, and each time we have been
been reviewing and after the charging deci- across administrations of both parties. More-
told it would not be produced. This informa-
sions reflected in the January 25, 2011, in- over, we intend to send a letter soon memo-
tion is covered by the subpoena served on the
dictments. Thus, they were not part of the rializing our discussions with your staff
Attorney General on October 12, 2011, and I
communications regarding the development about the status of our production of docu-
expect it to be produced no later than
and implementation of the strategy deci- ments within the various categories of the
Wednesday, November 16, at 5:00 p.m. Failure
sions that have been the focus of the Com- subpoena.
to comply with this request will leave me
mittee’s inquiry. It is longstanding Execu- Our efforts to cooperate with the Com-
with no other alternative than the use of
tive Branch practice not to disclose docu- mittee have been a significant undertaking,
compulsory process to obtain your testi-
ments falling into this category because dis- involving a great deal of hard work by a
mony under oath.
closure would implicate substantial Execu- large number of Department employees. The
* * * * * * tive Branch confidentiality interests and Department has been committed to pro-
* separation of powers principles. Disclosure viding the documents and information nec-
Understanding the Department’s actions would have a chilling effect on agency offi- essary to allow the Committee to satisfy its
after Congress started asking questions cials’ deliberations about how to respond to core oversight interests regarding the use of
about Fast and Furious is crucial. As you inquiries from Congress or the media. Such a inappropriate tactics in Fast and Furious.
know, substantial effort was expended to chill on internal communications would The Department, however, has yet to
hide the actions of the Department from interfere with our ability to respond as effec- produce any documents pursuant to the sub-
Congress . . . I expect nothing less than full tively and efficiently as possible to congres- poena created after February 4, 2011. Despite
compliance with all aspects of the subpoena, sional oversight requests.142 warnings by Chairman Issa that the Com-
including complete production of documents
On February 14, 2012, Chairman Issa again mittee would initiate contempt if the De-
created after the indictments were unsealed
wrote to the Department regarding post-Feb- partment failed to comply with the sub-
on January 25, 2011.138
ruary 4, 2011, documents, and again raised poena, the Department has refused to
On December 2, 2011, the Department pro- the possibility of contempt: produce documents.
duced documents pertaining to its February (d) Interview Requests
4, 2011, response to Senator Grassley. When Complying with the Committee’s subpoena
is not optional. Indeed, the failure to In addition to the October 12, 2011, sub-
the Attorney General testified before Con- poena, the Committee has requested to inter-
gress on December 8, 2011, he created a new produce documents pursuant to a congres-
sional subpoena is a violation of federal law. view key individuals in Operation Fast and
cutoff date of February 4, 2011, after which Furious and related programs. The Com-
no documents would be produced to Con- The Department’s letter suggests that its
failure to produce, among other things, ‘‘de- mittee accommodated the Department’s re-
gress, despite the fact that such documents quest to delay an interview with Hope
were covered by the October 12, 2011, sub- liberative documents and other internal
communications generated in response to MacAllister, the lead case agent for Oper-
poena. In support of this position regarding ation Fast and Furious, despite her vast
post-February 4, 2011, documents, in tran- congressional oversight requests’’ is based on
the premise that ‘‘disclosure would com- knowledge of the program. The Committee
scribed interviews, Department representa- agreed to this accommodation due to the De-
tives have asserted a ‘‘separation of powers’’ promise substantial separation of powers
principles and Executive Branch confiden- partment’s expressed concern about inter-
privilege without further explanation or ci- viewing a key witness prior to trial.
tation to legal authority.139 The Department tiality interests.’’ Your February 4, 2011, cut-
off date of providing documents to the Com- Throughout the investigation, the Depart-
has not cited any legal authority to support ment has had an evolving policy with regard
this new, extremely broad assertion of privi- mittee is entirely arbitrary, and comes from
a ‘‘separation of powers’’ privilege that does to witnesses that excluded ever-broader cat-
lege. egories of witnesses from participating in
On January 31, 2012, Chairman Issa wrote not actually exist.
You cite no legal authority to support your volunteer interviews. The Department first
to the Attorney General about this new, ar- refused to allow line attorneys to testify in
bitrary date created by the Department, and new, extremely broad assertion. To the con-
trary, as you know, Congress possesses the transcribed interviews, and then it prevented
raised the possibility of contempt: first-line supervisors from testifying. Next,
‘‘power of inquiry.’’ Furthermore, ‘‘the
In short, the Committee requires full com- issuance of a subpoena pursuant to an au- the Department refused to make Senate-con-
pliance with all aspects of the subpoena, in- thorized investigation is . . . an indispen- firmed Department officials available for
cluding complete production of documents sable ingredient of lawmaking.’’ Because the transcribed interviews. One such Senate-con-
created after the Department’s February 4, Department has not cited any legal author- firmed official, Assistant Attorney General
2011, letter. . . . If the Department continues ity as the basis for withholding documents, Lanny Breuer, is a central focus in the Com-
to obstruct the congressional inquiry by not or provided the Committee with a privilege mittee’s investigation. On February 16, 2012,
providing documents and information, this log with respect to documents withheld, its the Department retreated somewhat from its
Committee will have no alternative but to efforts to accommodate the Committee’s position, noting in a letter to the Committee
move forward with proceedings to hold you constitutional obligation to conduct over- that it was ‘‘prepared to work with [the
in contempt of Congress.140 sight of the Executive Branch are incom- Committee] to find a mutually agreeable
plete.143 date for [Breuer] to appear and answer the
The Department responded the following
Committee’s questions, whether or not that
day. It said: * * * * * * appearance is public.’’ 145 The Department
To the extent responsive materials exist * has urged the Committee to reconsider this
that post-date congressional review of this Please specify a date by which you expect interview request.
matter and were not generated in that con- the Department to produce all documents re- While the Department has facilitated a
text or to respond to media inquiries, and sponsive to the subpoena. In addition, please dozen interviews to avoid compulsory deposi-
likewise do not implicate other recognized specify a Department representative who tions, there have been several instances in
Department interests in confidentiality (for will interface with the Committee for pro- which the Department has refused to cooper-
example, matters occurring before a grand duction purposes. This individual should also ate with the Committee in scheduling inter-
jury, investigative activities under seal or serve as the conduit for dealing with possible views. The Department has stated that it
the disclosure of which is prohibited by law, contempt proceedings, should the Depart- would not make available certain individuals
core investigative information, or matters ment continue to ignore the Committee’s that the Committee has requested to inter-
reflecting internal Department delibera- subpoena.144 view. On December 6, 2011, the Department
tions), we intend to provide them.141 On February 16, 2012, the Department re- wrote:
The Department quoted from its October sponded. The response did not address the We would like to defer any final decisions
post-February 4, 2011, documents, nor did it
11, 2011, letter, stating: about the Committee’s request for Mr.
address the possibility of contempt. The De- Swartz’s interview until we have identified
[A]s we have previously explained to Com- partment’s letter stated: any responsive documents, some of which
mittee staff, we have also withheld internal
We have produced documents to the Com- may implicate equities of another agency.
communications that were generated in the
mittee on a rolling basis; since late last year The remaining employees you have asked to
course of the Department’s effort to respond
these productions have occurred approxi- interview are all career employees who are
mately twice a month. It is our intent to ad- either line prosecutors or first- or second-
138 Letter from Chairman Darrell Issa to Ass’t
level supervisors. James Trusty and Michael
Att’y Gen. Ronald Weich (Nov. 9, 2011). Morrissey were first-level supervisors during
139 See, e.g., Grindler Tr. at 22. 142 Id.
140 Jan. 31 Letter, supra note 102. 143 Feb. 14 Letter, supra note 103.
141 Feb. 1 Letter, supra note 125. 144 Id (emphasis in original). 145 Feb. 16 Letter, supra note 126.
the time period covered by the Fast and Fu- For months after the congressional inquiry order to avoid contempt proceedings. 149 Doc-
rious investigation, and Kevin Carwile was a began, the Department refused to acknowl- uments in category (c) are outside the scope
second-level supervisor. The remaining three edge that anything improper occurred during of the narrowed request, and so the Depart-
employees you have asked to interview— Fast and Furious. At a May 5, 2011, meeting ment no longer needed to produce them to
Emory Hurley, Serra Tsethlikai, and Joseph with Committee staff, a Department rep- avoid contempt proceedings, even though
Cooley—are line prosecutors. We are not pre- resentative first acknowledged that ‘‘there’s such documents are covered by the October
pared to make any of these attorneys avail- a there, there.’’ The Attorney General ac- 12, 2011, subpoena.
able for interviews.146 knowledged publicly that Fast and Furious The Committee also obtained copies of
was ‘‘fundamentally flawed’’ on October 7, wiretap applications authorized by senior
The Department did, however, make Pat- Department officials during Operation Fast
rick Cunningham, Chief of the Criminal Di- 2011. On December 2, 2011, the Department fi-
nally admitted that its February 4, 2011, let- and Furious. These documents, given to the
vision for the U.S. Attorney’s Office in Ari- Committee by whistleblowers, shined light
zona, available for an interview. The Com- ter to Senator Grassley contained false in-
formation—something Congress had been on category (a). Still, many subpoenaed doc-
mittee had been requesting to interview uments under this category have been delib-
Cunningham since summer 2011. The Depart- telling the Department for over seven
months. erately withheld by the Department. These
ment finally allowed access to Cunningham documents are critical to understanding who
for an interview in December 2011. Documents in this category include those is responsible for failing to promptly stop
Cunningham chose to retain private counsel that explain how the Department responded Fast and Furious. The Department has cited
instead of Department counsel. On January to the crisis in the wake of the death of U.S. such documents as ‘‘core investigative’’ ma-
17, 2012, Cunningham canceled his interview Border Patrol Agent Brian Terry. These doc- terials that pertain to ‘‘pending law enforce-
scheduled for the Committee on January 19, uments will reveal when the Department re- ment matters.’’ 150 To accommodate the De-
2012. alized it had a problem, and what actions it partment’s interest in successfully pros-
Chairman Issa issued a subpoena to took to resolve that problem. These docu- ecuting criminal defendants in this case, the
Cunningham to appear for a deposition on ments will also show whether senior Depart- Committee is willing to accept production of
January 24, 2012. In a letter dated January ment officials were surprised to learn that these documents after the current prosecu-
19, 2012, Cunningham’s counsel informed the gunwalking occurred during Fast and Furi- tions of the 20 straw purchasers indicted in
Committee that Cunningham would ‘‘assert ous, or if they already knew that to be the January 2011, have concluded at the trial
his constitutional privilege not to be com- case. These documents will also identify who level. This deferment should in no way be in-
pelled to be a witness against himself.’’ 147 On at the Department was responsible for au- terpreted as the Committee ceding its legiti-
January 24, 2012, Chairman Issa wrote to the thorizing retaliation against the whistle- mate right to receive these documents, but
Attorney General to express that the ab- blowers. The documents may also show the instead solely as an accommodation meant
sence of Cunningham’s testimony would Department’s assignment of responsibility to to alleviate the Department’s concerns about
make it ‘‘difficult to gauge the veracity of officials who knew about the reckless con- preserving the integrity of the ongoing pros-
some of the Department’s claims’’ regarding duct or were negligent during Fast and Furi- ecutions.
Fast and Furious.148 ous. In addition to deferring production of cat-
On January 27, 2012, Cunningham left the egory (a) documents, the Committee is also
(c) How the Inter-Agency Task Force Failed
Department of Justice. After months of willing to view these documents in camera
Committee requests, the Department finally The Organized Crime Drug Enforcement with limited redactions. These accommoda-
made him available for an interview just be- Task Force (OCDETF) program was created tions represent a significant commitment on
fore he left the Department. The actions of to coordinate inter-agency information shar- the part of the Committee to negotiating in
ing. As early as December 2009, the DEA good faith to avoid contempt.
the Department in delaying the interview
shared information with ATF that should Unlike documents in category (a), the De-
and Cunningham’s own assertion of the Fifth partment has no legitimate interest in lim-
Amendment privilege delayed and denied the have led to arrests and the identification of
the gun trafficking network that Fast and iting the Committee’s access to documents
Committee the benefit of his testimony. in category (b). On February 4, 2011, the De-
Furious sought to uncover. The Committee
5. FAILURE TO TURN OVER DOCUMENTS partment wrote a letter to Congress cat-
has received information suggesting that,
The Department has failed to turn over after arrests were made one year later, ATF egorically denying that gunwalking had oc-
any documents pertaining to three main cat- discovered that two Mexican drug cartel as- curred. This letter was false. Still, it was not
egories contained in the October 12, 2011, sociates at the top of the Fast and Furious withdrawn until December 2011. The Com-
subpoena. network had been designated as national se- mittee has a right to know how the Depart-
(a) Who at Justice Department Headquarters curity assets by the FBI, and at times have ment learned that gunwalking did in fact
Should Have Known of the Reckless Tactics been paid FBI informants. Because of this occur, and how it handled the fallout inter-
cooperation, these associates are considered nally. The deliberative process privilege is
The Committee is seeking documents re- not recognized by Congress as a matter of
lating to who had access to information by some to be unindictable.
law and precedent. By sending a letter that
about the objectionable tactics used in Oper- Documents in this category will reveal the
contained false and misleading statements,
ation Fast and Furious, who approved the extent of the lack of information-sharing the Department forfeited any reasonable ex-
use of these tactics, and what information among DEA, FBI, and ATF. Although the pectation that the Committee would accom-
was available to those individuals when they Deputy Attorney General is aware of this modate its interest in withholding delibera-
approved the tactics. Documents that whis- problem, he has expressed little interest in tive process documents.
tleblowers have provided to the Committee resolving it. On June 20, 2012, minutes before the start
indicate that those officials were the senior VI. ADDITIONAL ACCOMMODATIONS BY of the Committee’s meeting to consider a
officials in the Criminal Division, including THE COMMITTEE resolution holding the Attorney General in
Lanny Breuer and one of his top deputies, contempt, the Committee received a letter
Jason Weinstein. As discussed above in Section V.C.5, the
from Deputy Attorney General James Cole
Documents in this category include those Department has failed to turn over any docu-
claiming that the President asserted execu-
relating to the preparation of the wiretap ap- ments responsive to three main categories
tive privilege over certain documents cov-
plications, as well as certain ATF, DEA, and covered by the October 12, 2011, subpoena:
ered by the subpoena. The Committee has a
FBI Reports of Investigation. Key decision (a) Who at Justice Department Head-
number of concerns about the validity of this
makers at Justice Department headquarters quarters Should Have Known of the Reckless assertion:
relied on these and other documents to ap- Tactics; 1. The assertion was transparently not a
prove the investigation. (b) How the Department Concluded that valid claim of privilege given its last minute
Fast and Furious was ‘‘Fundamentally nature;
(b) How the Department Concluded that Fast
Flawed’’; and, 2. The assertion was obstructive given that
and Furious was ‘‘Fundamentally Flawed’’
(c) How the Inter-Agency Task Force it could have and should have been asserted
The Committee requires documents from Failed.
the Department relating to how officials months ago, but was not until literally the
The Committee notified the Justice De- day of the contempt mark-up;
learned about whistleblower allegations and
partment on multiple occasions that its fail- 3. The assertion is eight months late. It
what actions they took as a result. The Com-
ure to produce any documents responsive to
mittee is investigating not just management should have been made by October 25, 2011,
these three categories would force the Com- the subpoena return date;
of Operation Fast and Furious, but also the
mittee to begin contempt proceedings 4. To this moment, the President himself
Department’s efforts to slow and otherwise
against the Attorney General. has not indicated that he is asserting execu-
interfere with the Committee’s investiga-
tion. On May 18, 2012, Chairman Issa, along with tive privilege;
Speaker John Boehner, Majority Leader Eric 5. The assertion is transparently invalid in
Cantor, and Majority Whip Kevin McCarthy, that it is not credible that every document
146 Dec. 6 Letter, supra note 64.
147 Letter from Tobin Romero, Williams & Con-
wrote a letter to the Attorney General. As
an accommodation to the Department, the 149 Letter from Speaker John Boehner et al. to
nolly LLP, to Chairman Darrell Issa (Jan. 19, 2012).
148 Letter from Chairman Darrell Issa to Att’y Gen. letter offered to narrow the scope of docu- Att’y Gen. Eric Holder (May 18, 2012).
Eric Holder (Jan. 24, 2012). ments the Department needed to provide in 150 May 15 Cole Letter, supra note 69.
withheld involves a ‘‘communication[ ] au- ment Randall was ‘‘ordered [ ] to be brought Mukasey’s draft contempt report charged
thored or solicited and received by those to the bar, reprimanded by the Speaker, and him with failing to produce documents in
members of an immediate White House ad- held in custody until further resolution of connection to the Committee’s investigation
viser’s staff who have broad and significant the House.’’ 156 Randall was detained until of the release of classified information. Ac-
responsibility for investigating and formu- January 13, 1796, when the House passed a cording to their draft contempt reports, Ad-
lating the advice to be given the President resolution discharging him. 157 In contrast, ministrators Johnson and Dudley failed to
on the particular matter to which the com- Whitney ‘‘was absolved of any wrongdoing,’’ cooperate with the Committee’s lengthy in-
munications relate,’’; 151 since his actions were against a ‘‘member- vestigation into California’s petition for a
6. The assertion is transparently invalid elect’’ and occurred ‘‘away from the seat of waiver to regulate greenhouse gas emissions
where the Justice Department has provided government.’’ 158 from motor vehicles and the revision of the
no details by which the Committee might Congressional records do not demonstrate national ambient air quality standards for
evaluate the applicability of the privilege, any question or hesitation regarding wheth- ozone.
such as the senders and recipients of the doc- er Congress possesses the power to hold indi- Most recently, the House Judiciary Com-
uments; viduals in contempt.159 Moreover, there was mittee pursued contempt against former
7. Even if the privilege were valid as an ini- no question that Congress could punish a White House Counsel Harriet Miers and
tial matter, which it is not, it certainly has non-Member for contempt.160 Since the first White House Chief of Staff Joshua Bolten.170
been overcome here, as: (i) the Committee contempt proceeding, numerous congres- On June 13, 2007, the Committee served sub-
has demonstrated a sufficient need for the sional committees have pursued contempt poenas on Miers and Bolten.171 After at-
documents as they are likely to contain evi- against obstinate administration officials as tempts at accommodations from both sides,
dence important to the Committee’s inquiry well as private citizens who failed to cooper- the Committee determined that Miers and
and (ii) the documents sought cannot be ob- ate with congressional investigations.161 Bolten did not satisfactorily comply with
tained any other way. The Committee has Since the first proceeding against Randall the subpoenas. On July 25, 2007, the Com-
spent 16 months investigating, talking to and Whitney, House committees, whether mittee voted, 22–17, to hold Miers and Bolten
dozens of individuals, and collecting docu- standing or select, have served as the vehicle in contempt of Congress.
ments from many sources. The remaining used to lay the foundation for contempt pro- On February 14, 2008, the full House, with
documents are ones uniquely in the posses- ceedings in the House.162 most Republicans abstaining, voted to hold
sion of the Justice Department; and, On August 3, 1983, the House passed a privi- Miers and Bolten in criminal contempt of
8. Without these documents, the Commit- leged resolution citing Environmental Pro- Congress by a margin of 223–42.172 One hun-
tee’s important legislative work will con- tection Agency Administrator Anne Gorsuch dred seventy-three Members of Congress did
tinue to be stymied. The documents are nec- Burford with contempt of Congress for fail- not cast a vote either in favor or against the
essary to evaluate what government reform ing to produce documents to a House sub- resolution.173 All but nine Members who ab-
is necessary within the Justice Department committee pursuant to a subpoena.163 This stained were Republican.174 Only three Re-
to avoid the problems uncovered by the in- was the first occasion the House cited a cabi- publicans supported the contempt resolution
vestigation in the future. net-level executive branch member for con- for Miers and Bolten.175 This marked the
tempt of Congress.164 A subsequent agree- first contempt vote by Congress with respect
The President has now asserted executive
ment between the House and the Adminis- to the Executive Branch since the Reagan
privilege. This assertion, however, does not
trator, as well as prosecutorial discretion, Administration.176 The resolutions passed by
change the fact that Attorney General Eric
was the base for not enforcing the contempt the House allowed Congress to exercise all
Holder Jr. is in contempt of Congress today
citation against Burford.165 available remedies in the pursuit of con-
for failing to turn over lawfully subpoenaed
documents explaining the Department’s role Within the past fifteen years the Com- tempt.177 The House Judiciary Committee’s
in withdrawing the false letter it sent to mittee on Oversight and Government Reform action against Miers marked the first time
Congress. has undertaken or prepared for contempt that a former administration official had
proceedings on multiple occasions. In 1998, ever been held in contempt.178
VII. HISTORICAL PERSPECTIVES ON
CONTEMPT Chairman Dan Burton held a vote recom- B. DOCUMENT PRODUCTIONS
mending contempt for Attorney General The Department has refused to produce
Contempt proceedings in Congress date
Janet Reno based on her failure to comply thousands of documents pursuant to the Oc-
back over 215 years. These proceedings pro-
with a subpoena issued in connection with tober 12, 2011, subpoena because it claims
vide Congress a valuable mechanism for ad-
judicating its interests. Congressional his- the Committee’s investigation into cam- certain documents are Law Enforcement
tory is replete with examples of the pursuit paign finance law violations.166 On August 7, Sensitive, others pertain to ongoing criminal
of contempt proceedings by House commit- 1998, the Committee held Attorney General investigations, and others relate to internal
tees when faced with strident resistance to Reno in contempt by a vote of 24 to 18.167 deliberative process.
their constitutional authority to exercise in- During the 110th Congress, Chairman During the past ten years, the Committee
vestigative power. Henry Waxman threatened and scheduled on Oversight and Government Reform has
contempt proceedings against several Ad- undertaken a number of investigations that
A. PAST INSTANCES OF CONTEMPT
ministration officials.168 Contempt reports resulted in strong opposition from the Exec-
Congress first exercised its contempt au- were drafted against Attorney General Mi- utive Branch regarding document produc-
thority in 1795 when three Members of the
chael B. Mukasey, Stephen L. Johnson, Ad- tions. These investigations include regu-
House charged two businessmen, Robert
ministrator of the U.S. Environmental Pro- latory decisions of the Environmental Pro-
Randall and Charles Whitney, with offering
tection Agency, and Susan E. Dudley, Ad- tection Agency (EPA), the leak of CIA opera-
bribes in exchange for the passage of legisla-
ministrator of the Office of Information and tive Valerie Plame’s identity, and the frat-
tion granting Randall and his business part-
ners several million acres bordering Lake Regulatory Affairs (OIRA) in the White ricide of Army Corporal Patrick Tillman. In
Erie. 152 This first contempt proceeding began House Office of Management and Budget. all cases during the 110th Congress, the Ad-
with a resolution by the House deeming the Business meetings to consider these drafts ministration produced an overwhelming
allegations were adequate ‘‘evidence of an were scheduled.169 Former Attorney General amount of documents, sheltering a narrow
attempt to corrupt,’’ and the House reported few by asserting executive privilege.
a corresponding resolution that was referred 156 Id. In 2008, the Committee received or re-
to a special committee. 153 The special com- 157 Id. viewed in camera all agency-level documents
mittee reported a resolution recommending
158 Id.: quoting Asher C. Hinds, Precedents of the related to the EPA’s decision regarding Cali-
formal proceedings against Randall and House of Representatives, Sec. 1603 (1907). fornia’s request for a rule waiver, numbering
159 Id.
Whitney ‘‘at the bar of the House.’’ 154 160 Id. at 5.
approximately 27,000 pages in total.179 Ac-
The House adopted the committee resolu- 161 Id. at 6.
cording to a Committee Report, the EPA
tion which laid out the procedure for the 162 Id. at 14.
contempt proceeding. Interrogatories were 163 Id. man, Chairman Waxman Schedules Contempt Vote
exchanged, testimony was received, Randall 164 Wm. Holmes Brown et al., House Practice: A (June 13, 2008) http://oversight-ar-
and Whitney were provided counsel, and at Guide to the Rules, Precedents, and Procedures of the chive.waxman.house.gov/story.asp?ID=2012 (last vis-
the conclusion, on January 4, 1796, the House House, 450 (2011). ited Feb. 22, 2012).
165 Id. at 20, 22. 170 CRS Contempt Report at 54–55.
voted 78–17 to adopt a resolution finding

166 David E. Rosenbaum, Panel Votes to Charge Reno 171 Id.
Randall guilty of contempt. 155 As punish- 172 See H. Res. 982.
With Contempt of Congress, N.Y. TIMES (Aug. 7, 1998).
167 Id. 173 Id.
151 In re Sealed Case, 121 F.3d 729, 752 (D.C. Cir 168 Laurie Kellman, Waxman Threatens Mukasey 174 Id.
1997). With Contempt Over Leak, U.S.A. TODAY (July 8, 175 Id.
152 Todd Garvey & Alissa M. Dolan, Congressional Re- 2008); Richard Simon, White House Says No to Con- 176 Philip Shenon, House Votes to Issue Contempt Ci-
search Service, Congress’s Contempt Power: Law, His- gress’ EPA Subpoena, L.A. TIMES (June 21, 2008). tations, N.Y. TIMES (Feb. 15, 2008).
tory, Practice, & Procedure, no. RL34097, Apr. 15, 2008 169 Press Release, Rep. Henry Waxman, Chairman 177 CRS Contempt Report at 54–55.
[hereinafter CRS Contempt Report]. Waxman Warns Attorney General of Scheduled Con- 178 Id.
153 Id. tempt Vote (July 8, 2008) http://oversight-ar- 179 H. Comm. on Oversight and Gov’t Ref. Minority
154 Id. chive.waxman.house.gov/story.asp?ID=2067 (last vis- Additional Views, EPA, OIRA Investigations & Exec.
155 Id. ited Feb. 22, 2012); Press Release, Rep. Henry Wax- Continued
withheld only 32 documents related to the ligence, and eight other White House or Of- documents respectively. In the Patrick Till-
California waiver decision based on execu- fice of the Vice President officials.188 man investigation, the Committee received
tive privilege. These included notes of tele- 31,000 documents. Moreover, in the Valerie
The only documents the Justice Depart-
phone calls or meetings in the White House Plame investigation, the Committee re-
ment declined to produce were the FBI 302s
‘‘involving at least one high-ranking EPA of- ceived access to highly sensitive materials
with respect to the interviews of the Presi-
ficial and at least one high-ranking White despite the fact that the Justice Department
dent and the Vice President.189 Ultimately,
House official.’’ 180 The White House Counsel was conducting a parallel criminal investiga-
the Committee relented in its pursuit of the
informed the Committee that these docu- tion.
President’s 302.190 The Committee, however,
ments represented ‘‘deliberations at the very As of May 15, 2012, in the Fast and Furious
persisted in its request for the Vice Presi-
highest level of government.’’ 181 investigation, in the light most favorable to
dent’s 302. As a result, the President asserted
During the Committee’s 2008 investigation the Department of Justice, it has ‘‘provided
executive privilege over that particular doc-
into the Administration’s promulgation of the Committee over 7,600 pages of docu-
ument.191
ozone standards, the EPA produced or al- ments’’—a small fraction of what has been
The Committee specifically included 302s
lowed in camera review of over 35,000 pages of produced to the Committee in prior inves-
in its October 12, 2011, subpoena to the Attor-
documents. The President asserted executive tigations and of what the Department has
ney General regarding Fast and Furious.
privilege over a narrow set of documents, en- produced to the Inspector General in this
These subpoenaed 302s do not include FBI
compassing approximately 35 pages. One matter.196 This small number reflects the De-
interviews with White House personnel, or
such document included ‘‘talking points for partment’s lack of cooperation since the
even any other Executive Branch employee.
the EPA Administrator to use in a meeting Committee sent its first letter to the Depart-
Still, in spite of past precedent, the Depart-
with [the President].’’ 182 ment about Fast and Furious on March 16,
ment has refused to produce those docu-
In furtherance of the Committee’s ozone 2011.
ments to the Committee or to allow staff an
regulation investigation, OIRA produced or VIII. RULES REQUIREMENTS
in camera review.
allowed in camera review of 7,500 docu- EXPLANATION OF AMENDMENTS
In the 110th Congress, the Committee in-
ments.183 Documents produced by EPA and
vestigated the fratricide of Army Corporal Mr. Gowdy offered an amendment that up-
OIRA represented pre-decisional opinions of
Patrick Tillman and the veracity of the ac- dated the Committee’s Report to reflect that
career scientists and agency counsel.184
count of the capture and rescue of Army Pri- the President asserted the executive privi-
These documents were sensitive because
vate Jessica Lynch.192 The Committee em- lege over certain documents subpoenaed by
some, if not all, related to ongoing litiga-
ployed a multitude of investigative tools, in- the Committee. The amendment also up-
tion.185 The OIRA Administrator withheld a
cluding hearings, transcribed interviews, and dated the Report to include the Committee’s
certain number of documents that were com-
non-transcribed interviews. The Administra- concerns about the validity of the Presi-
munications between OIRA and certain
tion produced thousands of documents.193 dent’s assertion of the executive privilege.
White House officials, and the President ulti-
The Committee requested the following: The amendment was agreed to by a recorded
mately ‘‘claimed executive privilege over
vote.
these documents.’’ 186 [T]he White House produce all documents
Also during the 110th Congress, the Com- received or generated by any official in the COMMITTEE CONSIDERATION
mittee investigated the revelation of CIA op- Executive Office of the President from April On June 20, 2012, the Committee on Over-
erative Valerie Plame’s identity in the news 22 until July 1, 2004, that related to Corporal sight and Government Reform met in open
media. The Committee’s investigation was Tillman. The Committee reviewed approxi- session with a quorum present to consider a
contemporaneous with the Department of mately 1,500 pages produced in response to report of contempt against Eric H. Holder,
Justice’s criminal investigation into the this request. The documents produced to the Jr., the Attorney General of the United
leak of this classified information—a situa- Committee included e-mail communications States, for failure to comply with a Congres-
tion nearly identical to the Committee’s cur- between senior White House officials holding sional subpoena. The Committee approved
rent investigation into Operation Fast and the title of ‘‘Assistant to the President.’’ Ac- the Report by a roll call vote of 23–17 and or-
Furious. cording to the White House, the White House dered the Report reported favorably to the
Pursuant to the Committee’s investiga- withheld from the Committee only prelimi- House.
tion, the Justice Department produced FBI nary drafts of the speech President Bush de- ROLL CALL VOTES
reports of witness interviews, commonly re- livered at the White House Correspondents’ The following recorded votes were taken
ferred to as ‘‘302s.’’ Specifically, documents Dinner on May 1, 2004.194 during consideration of the contempt Re-
reviewed by the Committee staff during the port:
The Department of Defense produced over
Valerie Plame investigation included the fol- 1. Mr. Welch offered an amendment to add
31,000 responsive documents, and the Com-
lowing: language to the Executive Summary stating
mittee received an unprecedented level of ac-
FBI interviews of federal officials who did cess to documents and personnel.195 that contempt proceedings at this time are
not work in the White House, as well as The Oversight and Government Reform unwarranted because the Committee has not
interviews of relevant private individuals Committee’s investigations over the past met with former Attorney General Michael
. . . total of 224 pages of records of FBI inter- five years demonstrate ample precedent for Mukasey.
view reports with 31 individuals, including the production of a wide array of documents The amendment was defeated by a recorded
materials related to a former Secretary, from the Executive Branch. In these inves- vote of 14 Yeas to 23 Nays.
Deputy Secretary, Undersecretary [sic], and tigations, the Committee received pre- Voting Yea: Cummings, Towns, Maloney,
two Assistant Secretaries of State, and other decisional deliberative regulatory docu- Norton, Kucinich, Tierney, Lynch, Connolly,
former or current CIA and State Department ments, documents pertaining to ongoing in- Quigley, Davis, Braley, Welch, Murphy and
officials, including the Vice President’s CIA vestigations, and communications between Speier.
briefer.187 and among senior advisors to the President. Voting Nay: Issa, Burton, Mica, Platts,
The Committee’s October 12, 2011, subpoena Turner, McHenry, Jordan, Chaffetz, Mack,
To accommodate the Committee, the De- Walberg, Lankford, Amash, Buerkle, Gosar,
calls for many of these same materials, in-
partment permitted in camera review of the Labrador, Meehan, DesJarlais, Walsh,
cluding 302s and deliberative documents.
following: Gowdy, Ross, Guinta, Farenthold and Kelly.
Still, the Justice Department refuses to
[D]ocuments include[ing] redacted reports comply. 2. Mr. Lynch offered an amendment asking
of the FBI interview with Mr. Libby, Andrew Further, the number of documents the De- for an itemized accounting of the costs asso-
Card, Karl Rove, Condoleezza Rice, Stephen partment has produced during the Commit- ciated with the Fast and Furious investiga-
Hadley, Dan Bartlett, and Scott McClellan tee’s Fast and Furious investigation pales in tion.
and another 104 pages of additional interview comparison to those produced in conjunction The amendment was defeated by a vote of
reports of the Director of Central Intel- with the Committee’s prior investigations. 15 Yeas to 23 Nays.
In separate EPA investigations, the Com- Voting Yea: Cummings, Towns, Maloney,
mittee received 27,000 documents and 35,000 Norton, Kucinich, Tierney, Clay, Lynch,
Privilege Claims; Missed Opportunities by Majority to Connolly, Quigley, Davis, Braley, Welch,
Complete Investigations, Oct. 22, 2008. Murphy and Speier.
180 Id. 188 Id.
181 Id. 189

Voting Nay: Issa, Burton, Mica, Platts,
Id.
182 Id. 190Id.
Turner, McHenry, Jordan, Chaffetz, Mack,
183 Id. 191Id. Walberg, Lankford, Amash, Buerkle, Gosar,
184 Id. 192 H. Comm. on Oversight and Gov’t Ref. Comm. Labrador, Meehan, DesJarlais, Walsh,
185 Id. Report, Misleading Information From the Battlefield: Gowdy, Ross, Guinta, Farenthold and Kelly.
186 Id. the Tillman & Lynch Episodes, H. Rep. 110–858, Sept. 3. Ms. Maloney offered an amendment to
187 H. Comm. on Oversight and Gov’t Ref. Draft Re- 16, 2008. add language to the Executive Summary
port, U.S. House of Reps. Regarding President Bush’s 193 Id.
194 Id.
stating that contempt proceedings at this
Assertion of Exec. Privilege in Response to the Comm.
Subpoena to Att’y Gen. Michael B. Mukasey, http:// 195 Id.; The minority views by Hon. Tom Davis
oversight-archive.waxman.house.gov/documents/ states that the Comm. received 50,000 pages of docu- 196 Letter from Ass’t Att’y Gen. Ronald Weich to
20081205114333.pdf (last visited Mar. 5, 2012). ments and reviewed additional documents in camera. Chairman Darrell Issa (May 15, 2012).
time are unwarranted because the Com- APPLICATION OF LAW TO THE LEGISLATIVE UNFUNDED MANDATE STATEMENT, COMMITTEE
mittee has not held a public hearing with the BRANCH ESTIMATE, BUDGET AUTHORITY AND CON-
former head of the Bureau of Alcohol, To- GRESSIONAL BUDGET OFFICE COST ESTIMATE
Section 102(b)(3) of Public Law 104–1 re-
bacco, Firearms and Explosives, Kenneth The Committee finds that clauses 3(c)(2),
quires a description of the application of this
Melson. 3(c)(3), and 3(d)(1) of rule XIII of the Rules of
bill to the legislative branch where the bill
The amendment was defeated by a vote of the House of Representatives, sections 308(a)
relates to the terms and conditions of em-
16 Yeas to 23 Nays. and 402 of the Congressional Budget Act of
ployment or access to public services and ac-
Voting Yea: Cummings, Towns, Maloney, 1974, and section 423 of the Congressional
commodations. The Report does not relate to
Norton, Kucinich, Tierney, Clay, Lynch, Budget and Impoundment Control Act (as
employment or access to public services and
Cooper, Connolly, Quigley, Davis, Braley, amended by Section 101(a)(2) of the Unfunded
accommodations.
Welch, Murphy and Speier. Mandates Reform Act, P.L. 104–4) are inap-
Voting Nay: Issa, Burton, Mica, Platts, STATEMENT OF OVERSIGHT FINDINGS AND plicable to this Report. Therefore, the Com-
Turner, McHenry, Jordan, Chaffetz, Mack, RECOMMENDATIONS OF THE COMMITTEE mittee did not request or receive a cost esti-
Walberg, Lankford, Amash, Buerkle, Gosar, mate from the Congressional Budget Office
Labrador, Meehan, DesJarlais, Walsh, In compliance with clause 3(c)(1) of rule
XIII and clause (2)(b)(1) of rule X of the Rules and makes no findings as to the budgetary
Gowdy, Ross, Guinta, Farenthold and Kelly. impacts of this Report or costs incurred to
4. Mr. Gowdy offered an amendment that of the House of Representatives, the Com-
mittee’s oversight findings and recommenda- carry out the report.
updated the Committee’s Report to reflect
that the President asserted the executive tions are reflected in the descriptive por- CHANGES IN EXISTING LAW MADE BY THE BILL
privilege over certain documents subpoenaed tions of this Report. AS REPORTED
by the Committee. The amendment also up- STATEMENT OF GENERAL PERFORMANCE GOALS This Report makes no changes in any ex-
dated the Report to include the Committee’s AND OBJECTIVES isting federal statute.
concerns about the validity of the Presi- ADDITIONAL VIEWS
dent’s assertion of the executive privilege. In accordance with clause 3(c)(4) of rule
XIII of the Rules of the House of Representa- Report of the Committee on Oversight and
The amendment was agreed to by a recorded
tives, the Committee states that pursuant to Government Reform
vote.
The amendment was agreed to by a vote of clause 3(c)(4) of rule XIII of the Rules of the Resolution Recommending that the House of
23 Yeas to 17 Nays. House of Representatives, the Report will as- Representatives Find Eric H. Holder, Jr.,
Voting Yea: Issa, Burton, Mica, Platts, sist the House of Representatives in consid- Attorney General, U.S. Department of Jus-
Turner, McHenry, Jordan, Chaffetz, Mack, ering whether to cite Attorney General Eric tice, in Contempt of Congress for Refusal to
Walberg, Lankford, Amash, Buerkle, Gosar, H. Holder, Jr. for contempt for failing to Comply with a Subpoena Duly Issued by
Labrador, Meehan, DesJarlais, Walsh, comply with a valid congressional subpoena. the Committee on Oversight and Govern-
Gowdy, Ross, Guinta, Farenthold and Kelly. ment Reform
CONSTITUTIONAL AUTHORITY STATEMENT
Voting Nay: Cummings, Towns, Maloney, ‘‘The Department of Justice’s Operation
Norton, Kucinich, Tierney, Clay, Lynch, The Committee finds the authority for this Fast and Furious: Accounts of ATF Agents’’
Cooper, Connolly, Quigley, Davis, Braley, Report in article 1, section 1 of the Constitu- Joint Staff Report, prepared for Representa-
Welch, Yarmuth, Murphy and Speier. tion. tive Darrell Issa, Chairman, House Com-
5. The Resolution was favorably reported, mittee on Oversight and Government Re-
FEDERAL ADVISORY COMMITTEE ACT
as amended, to the House, a quorum being form, and Senator Charles Grassley, Ranking
present, by a vote of 23 Yeas to 17 Nays. The Committee finds that the Report does Member, Senate Committee on the Judici-
Voting Yea: Issa, Burton, Mica, Platts, not establish or authorize the establishment ary.
Turner, McHenry, Jordan, Chaffetz, Mack, of an advisory committee within the defini- ‘‘The Department of Justice’s Operation
Walberg, Lankford, Amash, Buerkle, Gosar, tion of 5 U.S.C. App., Section 5(b). Fast and Furious: Fueling Cartel Violence’’
Labrador, Meehan, DesJarlais, Walsh, Joint Staff Report, prepared for Representa-
EARMARK IDENTIFICATION
Gowdy, Ross, Guinta, Farenthold and Kelly. tive Darrell Issa, Chairman, House Com-
Voting Nay: Cummings, Towns, Maloney, The Report does not include any congres- mittee on Oversight and Government Re-
Norton, Kucinich, Tierney, Clay, Lynch, sional earmarks, limited tax benefits, or lim- form, and Senator Charles Grassley, Ranking
Cooper, Connolly, Quigley, Davis, Braley, ited tariff benefits as defined in clause 9 of Member, Senate Committee on the Judici-
Welch, Yarmuth, Murphy and Speier. rule XXI. ary.
Insert offset folio 57 here EH28JN12.001
MINORITY VIEWS Despite promising that he would be ‘‘inves- Each application for an order authorizing
Report of the Committee on Oversight and tigating a president of my own party because or approving the interception of a wire, oral,
Government Reform many of the issues we’re working on began or electronic communication under this
on [sic] President Bush,’’ the Chairman also chapter shall be made in writing upon oath
Resolution Recommending that the House of
refused multiple requests for former Attor- or affirmation to a judge of competent juris-
Representatives Find Eric H. Holder, Jr.,
ney General Michael Mukasey to testify be- diction. Applications made and orders grant-
Attorney General, U.S. Department of Jus-
fore the Committee or to meet with Com- ed under this chapter shall be sealed by the
tice, in Contempt of Congress for Refusal to
mittee Members informally to discuss the judge.17
Comply with a Subpoena Duly Issued by
origination and evolution of gunwalking op- Similarly, in 1940, Congress passed a stat-
the Committee on Oversight and Govern-
erations since 2006.4 Documents obtained ute giving the Supreme Court the power to
ment Reform
during the investigation indicate that Mr. prescribe rules of pleading, practice, and pro-
On June 20, 2012, the Committee adopted Mukasey was briefed personally on botched
on a strictly party-line vote a report and res- cedure in criminal cases.18 In 1946, the mod-
efforts to coordinate firearm interdictions ern grand jury secrecy rule was codified as
olution (hereinafter ‘‘Contempt Citation’’) with Mexican law enforcement officials in
concluding that Attorney General Eric H. Rule 6(e) of the Federal Rules of Criminal
2007 and was informed directly that such ef- Procedure, which provides for criminal pen-
Holder, Jr., the chief law enforcement officer forts would be expanded during his tenure.5
of the United States, should be held in con- alties for disclosing grand jury informa-
The Committee also failed to conduct
tempt of Congress for declining to produce tion.19
interviews of other key figures. For example, The Department has explained this to the
certain documents pursuant to the Commit- the Committee did not respond to a request
tee’s investigation of ‘‘gunwalking’’ during Committee repeatedly, including in a letter
to interview Alice Fisher, who served as As- on May 15, 2012:
Operation Fast and Furious and previous op- sistant Attorney General in charge of the
erations. Criminal Division from 2005 to 2008, about Our disclosure to this oversight Committee
Committee Democrats were unanimous in her role in authorizing wiretaps in Operation of some material sought by the October 11
their opposition to the Contempt Citation. Wide Receiver, or to a request to interview subpoena, such as records covered by grand
These dissenting views conclude that Con- Deputy Assistant Attorney General Kenneth jury secrecy rules and federal wiretap appli-
gress has a Constitutional responsibility to Blanco, who also authorized wiretaps in Op- cations and related information, is prohib-
conduct vigorous oversight of the executive eration Fast and Furious and still works at ited by law or court orders.20
branch, but that holding the Attorney Gen- the Department, but who was placed in his Despite these legal prohibitions, the Chair-
eral in contempt would be an extreme, un- position under the Bush Administration in man continued to threaten to hold the At-
precedented action based on partisan elec- April 2008.6 No explanation for these refusals torney General in contempt for protecting
tion-year politics rather than the facts un- has been given. these documents. He also publicly accused
covered during the investigation. During the Committee business meeting on the Attorney General of a ‘‘cover-up,’’ 21
These views find that the Committee failed June 20, 2012, every Democratic amendment claimed he was ‘‘obstructing’’ the Commit-
to honor its Constitutional responsibility to to correct the Contempt Citation by noting tee’s investigation,22 asserted that he is will-
avoid unnecessary conflict with the execu- these facts was defeated on strictly party- ing to ‘‘deceive the public,’’ 23 and stated on
tive branch by seeking reasonable accom- line votes. national television that he ‘‘lied.’’ 24
modations when possible. The Committee II. HOLDING THE ATTORNEY GENERAL IN
flatly rejected a fair and reasonable offer IV. THE DOCUMENTS AT ISSUE IN THE CON-
CONTEMPT WOULD BE UNPRECEDENTED TEMPT CITATION ARE NOT ABOUT
made by the Attorney General to provide ad-
The House of Representatives has never in GUNWALKING
ditional internal deliberative documents
its history held an Attorney General in con- The documents at issue in the Contempt
sought by the Committee in exchange for a
tempt of Congress. The only precedent ref- Citation are not related to the Committee’s
good faith commitment toward resolving the
erenced in the Contempt Citation for holding investigation into how gunwalking was initi-
contempt dispute. Instead, the Committee
a sitting Attorney General in contempt for ated and utilized in Operation Fast and Furi-
has repeatedly shifted the goalposts in this
refusing to provide documents is this Com- ous.
investigation after failing to find evidence to
mittee’s vote in 1998 to hold then-Attorney Over the past year, the Department of Jus-
support its unsubstantiated allegations.
General Janet Reno in contempt during the tice has produced thousands of pages of docu-
The Contempt Citation adopted by the
campaign finance investigation conducted by ments, the Committee has interviewed two
Committee contains serious and significant
then-Chairman Dan Burton.7 dozen officials, and the Attorney General has
errors, omissions, and misrepresentations. Chairman Burton’s investigation was wide-
To address these inaccuracies, these views testified before Congress nine times.
ly discredited, and the decision to hold the In January, Ranking Member Cummings
hereby incorporate and attach the 95-page Attorney General in contempt was criticized
staff report issued by Ranking Member Eli- issued a comprehensive 95-page staff report
by editorial boards across the country as ‘‘a documenting that Operation Fast and Furi-
jah Cummings in January 2012, which pro- gross abuse of his powers as chairman of the
vides a comprehensive analysis of the evi- ous was in fact the fourth in a series of
committee,’’ 8 a ‘‘fishing expedition,’’ 9 gunwalking operations run by ATF’s Phoe-
dence obtained during the Committee’s in- ‘‘laced with palpable political motives,’’ 10
vestigation. nix field division over a span of five years be-
and ‘‘showboating.’’ 11 That action was so ginning in 2006. Three prior operations—Op-
I. THE COMMITTEE’S ACTIONS HAVE BEEN partisan and so widely discredited that Newt eration Wide Receiver (2006–2007), the Her-
HIGHLY PARTISAN Gingrich, who was then Speaker, did not nandez case (2007), and the Medrano case
The Committee’s contempt vote on June bring it to the House Floor for a vote.12 (2008)—occurred during the Bush Administra-
20, 2012, was the culmination of one of the Similarly, numerous commentators and tion. All four operations were overseen by
most highly politicized congressional inves- editorial boards have criticized Chairman the same ATF Special Agent in Charge in
tigations in decades. It was based on numer- Issa’s recent actions as ‘‘a monstrous witch Phoenix.25
ous unsubstantiated allegations that tar- hunt,’’ 13 ‘‘a pointless partisan fight,’’ 14 and The Committee has obtained no evidence
geted the Obama Administration for polit- ‘‘dysfunctional Washington as usual.’’ 15 that the Attorney General was aware that
ical purposes, and it ignored documented evi- III. THE COMMITTEE HAS HELD THE ATTORNEY gunwalking was being used. To the contrary,
dence of gunwalking operations during the GENERAL TO AN IMPOSSIBLE STANDARD as soon as he learned of its use, the Attorney
previous administration. For more than a year, the Committee has General halted it, ordered an Inspector Gen-
During the Committee’s 16-month inves- held the Attorney General to an impossible eral investigation, and implemented signifi-
tigation, the Committee refused all Demo- standard by demanding documents he is pro- cant internal reform measures.26
cratic requests for witnesses and hearings. In hibited by law from producing. After finding no evidence of wrongdoing by
one of the most significant flaws of the in- One of the key sets of documents de- the Attorney General, the Committee’s in-
vestigation, the Chairman refused multiple manded during this investigation has been vestigation shifted to focusing on a single
requests to hold a public hearing with Ken- federal wiretap applications submitted by letter sent by the Department’s Office of
neth Melson, the former head of ATF, the law enforcement agents in order to obtain a Legislative Affairs to Senator Charles Grass-
agency responsible for conducting these op- federal court’s approval to secretly monitor ley on February 4, 2011. This letter initially
erations.1 The Chairman’s refusal came after the telephone calls of individuals suspected denied allegations that ATF ‘‘knowingly al-
Mr. Melson told Committee investigators of gun trafficking. lowed the sale of assault weapons to a straw
privately in July 2011 that he never informed The federal wiretapping statute, which was purchaser who then transported them into
senior officials at the Justice Department passed by Congress and signed by President Mexico’’ and stated that ‘‘ATF makes every
about gunwalking during Operation Fast and Lyndon B. Johnson on June 19, 1968, provides effort to interdict weapons that have been
Furious because he was unaware of it him- for a penalty of up to five years in prison for purchased illegally and prevent their trans-
self.2 Mr. Melson’s statements directly con- the unauthorized disclosure of wiretap com- portation to Mexico.’’ 27
tradict the claim in the Contempt Citation munications and prohibits the unauthorized The Department has acknowledged that its
that senior Justice Department officials disclosure of wiretap applications approved letter was inaccurate and has formally with-
were aware of gunwalking because Mr. by federal judges, who must seal them to drawn it. On December 2, 2011, the Depart-
Melson briefed Gary Grindler, then-Acting protect against their disclosure.16 The stat- ment wrote that ‘‘facts have come to light
Deputy Attorney General, in March 2010.3 ute states: during the course of this investigation that
indicate that the February 4 letter contains The accommodation required is not simply tempt proceedings in order to conduct a seri-
inaccuracies.’’ 28 an exchange of concessions or a test of polit- ous and careful review of presidential asser-
Acknowledging these inaccuracies, the De- ical strength. It is an obligation of each tions of executive privilege, Chairman Issa
partment also provided the Committee with branch to make a principled effort to ac- stated that ‘‘I claim not to be a constitu-
1,300 pages of internal deliberative docu- knowledge, and if possible to meet, the le- tional scholar’’ and proceeded with the con-
ments relating to how the letter to Senator gitimate needs of the other branch.34 tempt vote.41
Grassley was drafted. These documents dem- VI. THE COMMITTEE’S DECISION TO PRESS In contrast, former Committee Chairman
onstrate that officials in the Office of Legis- FORWARD WITH CONTEMPT LED TO THE AD- Henry Waxman put off a contempt vote after
lative Affairs who were responsible for draft- MINISTRATION’S ASSERTION OF EXECUTIVE President George W. Bush asserted executive
ing the letter did not intentionally mislead PRIVILEGE privilege in the investigation into the leak
Congress, but instead relied on inaccurate of the covert status of CIA operative Valerie
assertions and strong denials from officials After the Chairman refused the Attorney
Plame.42 He took the same course of action
‘‘in the best position to know the relevant General’s good faith offer—and it became
after President Bush asserted executive
facts: ATF and the U.S. Attorney’s Office in clear that a Committee contempt vote was
privilege over documents relating to the En-
Arizona, both of which had responsibility for inevitable—the President asserted executive
vironmental Protection Agency’s ozone regu-
Operation Fast and Furious.’’ 29 privilege over the narrow category of docu-
lation on the same day as a scheduled con-
Despite receiving these documents explain- ments still at issue. The Administration
tempt vote. At the time, he stated:
ing how the letter to Senator Grassley was made clear that it was still willing to nego-
drafted, the Committee moved the goalposts tiate on Congress’ access to the documents if I want to talk with my colleagues on both
and demanded additional internal documents contempt could be resolved. sides of the aisle about this new develop-
created after February 4, 2011, the date the On June 20, 2012, Deputy Attorney General ment. I want to learn more about the asser-
letter to Senator Grassley was sent. It is un- James Cole wrote to the Chairman to inform tion and the basis for this assertion of the
clear why the Committee needs these docu- the Committee that ‘‘the President, in light executive privilege.43
ments. This narrow subset of additional doc- of the Committee’s decision to hold the con-
Although the Committee ultimately dis-
uments—which have nothing to do with how tempt vote, has asserted executive privilege
agreed with the validity of President Bush’s
gunwalking was initiated in Operation Fast over the relevant post-February 4 docu-
assertions of executive privilege, in neither
and Furious—is now the sole basis cited in ments.’’ 35 An accompanying letter from At-
case did the Committee go forward with con-
the Contempt Citation for holding the Attor- torney General Holder described the docu-
tempt proceedings against the officials
ney General in contempt.30 ments covered by the privilege as limited to
named in the contempt citations.
V. THE COMMITTEE REFUSED A GOOD FAITH ‘‘internal Department ‘documents from after
Similarly, Rep. John Dingell, as Chairman
OFFER BY THE ATTORNEY GENERAL FOR AD- February 4, 2011, related to the Department’s
of the Energy and Commerce Committee
DITIONAL DOCUMENTS response to Congress.’ ’’ 36
during that Committee’s 1981 investigation
The Committee failed to honor its Con- Claims by House Speaker John Boehner
into the Department of Interior, received an
stitutional responsibility to avoid unneces- and others that the Administration’s asser-
assertion of executive privilege from the
sary conflict with the Executive Branch by tion of executive privilege raises questions
Reagan Administration regarding documents
seeking reasonable accommodations when about the President’s personal knowledge of
pertaining to the administration of the Min-
possible. On the evening before the Commit- gunwalking reflect a misunderstanding of
eral Lands Leasing Act.44 Before proceeding
tee’s contempt vote, the Attorney General the scope of the privilege asserted.37 Regard-
to contempt, the Committee held two sepa-
met with Chairman Issa, Ranking Member ing the narrow subset of documents covered
rate hearings on the executive privilege as-
Cummings, Senator Grassley, and Senator by the assertion, the letter from Attorney
sertion, and the Committee invited the At-
Patrick Leahy. The Attorney General offered General explained:
torney General to testify regarding his legal
to take the following steps in response to the They were not generated in the course of opinion supporting the claim of executive
Committee’s demands for additional docu- the conduct of Fast and Furious. Instead, privilege.45
ments. Specifically, the Attorney General: they were created after the investigative VIII. THE INVESTIGATION HAS BEEN
(1) offered to provide additional internal tactics at issue in that operation had termi- CHARACTERIZED BY UNSUBSTANTIATED CLAIMS
deliberative Department documents, created nated and in the course of the Department’s
The Committee’s investigation of ATF
even after February 4, 2011; deliberative process concerning how to re-
gunwalking operations has been character-
(2) offered a substantive briefing on the De- spond to congressional and related media in-
ized by a series of unfortunate and unsub-
partment’s actions relating to how they de- quiries into that operation.38
stantiated allegations against the Obama
termined the letter contained inaccuracies; The Attorney General’s letter also ex- Administration that turned out to be inac-
(3) agreed to Senator Grassley’s request plained the Administration’s legal rationale curate.
during the meeting to provide a description for invoking executive privilege over inter- For example, during an interview on na-
of the categories of documents that would be nal deliberative Justice Department docu- tional television on October 16, 2011, the
produced and withheld; and ments, citing opinions from former Attor- Chairman accused the Federal Bureau of In-
(4) agreed to answer additional substantive neys General Michael B. Mukasey, John vestigation (FBI) of concealing evidence of
requests for information from the Com- Ashcroft, William French Smith, and Janet the murder of Agent Brian Terry by hiding a
mittee. Reno, as well as former Solicitor General ‘‘third gun’’ found at the murder scene.46 The
The Attorney General noted that his offer and Acting Attorney General Paul D. Clem- FBI demonstrated quickly that this claim
included documents and information that ent.39 The letter also quoted the Supreme was unsubstantiated.47 Although the Chair-
went even beyond those demanded in the Court in United States v. Nixon, writing: man admitted during a subsequent hearing
Committee’s subpoena. In exchange, the At- that ‘‘we do go down blind alleys regularly,’’
The threat of compelled disclosure of con-
torney General asked the Chairman for a no apology was issued to the law enforce-
fidential Executive Branch deliberative ma-
good faith commitment to work towards a ment agents that were accused of a cover-
terial can discourage robust and candid de-
final resolution of the contempt issue.31 up.48
liberations, for ‘‘[h]uman experience teaches
Chairman Issa did not make any sub- At the same time, the Chairman has de-
that those who expect public dissemination
stantive changes to his position. Instead, he fended the previous Administration’s oper-
of their remarks may well temper candor
declined to commit to a good faith effort to ations as ‘‘coordinated.’’ 49 In response to a
with a concern for appearances and for their
work towards resolving the contempt issue question about gunwalking during the Bush
own interests to the detriment of the deci-
and flatly refused the Attorney General’s Administration, the Chairman stated:
sionmaking process.’’ . . . Thus, Presidents
offer. have repeatedly asserted executive privilege We know that under the Bush Administra-
There is no question that the Constitution
to protect confidential Executive Branch de- tion there were similar operations, but they
authorizes Congress to conduct rigorous in-
liberative materials from congressional sub- were coordinated with Mexico. They made
vestigations in support of its legislative
poena.40 every effort to keep their eyes on the weap-
functions.32 The Constitution also requires
VII. THE COMMITTEE FAILED TO RESPONSIBLY ons the whole time.50
Congress and the executive branch to seek to
accommodate each other’s interests and to CONSIDER THE EXECUTIVE PRIVILEGE ASSER- To the contrary, the staff report issued by
avoid unnecessary conflict. As the D.C. Cir- TION Ranking Member Cummings on January 31,
cuit has held: Despite requests from several Committee 2012, documents at least three operations
Members, the Committee did not delay or during the previous Administration in which
[E]ach branch should take cognizance of an postpone the business meeting in order to re- coordination efforts were either non-existent
implicit constitutional mandate to seek op- sponsibly examine the Administration’s as- or severely deficient.51
timal accommodation through a realistic sertion of executive privilege and determine In addition, the Chairman has stated re-
evaluation of the needs of the conflicting whether it would be appropriate to continue peatedly that senior Justice Department of-
branches in the particular fact situation.33 contempt proceedings against the Attorney ficials were ‘‘fully aware’’ of gunwalking in
Similarly, then-Attorney General William General. Operation Fast and Furious.52 After con-
French Smith, who served under President Instead of following the example of pre- ducting two dozen transcribed interviews,
Ronald Reagan, observed: vious Committee Chairmen who put off con- none of the officials and agents involved said
they informed the Attorney General or other Oversight and Government Reform, at 11 (June 19 Fed. R. Crim. Pro. 6(e)(7) (providing that
senior Department officials about 14, 2012) (‘‘Contempt Citation’’). a knowing violation of Rule 6 ‘‘may be pun-
4 The Daily Rundown, MSNBC (Nov. 3, 2010)
gunwalking in Operation Fast and Furious. ished as a contempt of court’’); 18 U.S.C.
Instead, the heads of the agencies respon- (online at http://videocafe.crooksandliars. 401(3) (providing that a ‘‘court of the United
sible for the operation—ATF and the U.S. com/david/darrell-issa-obama-must-answer- States shall have power to punish by fine or
Attorney’s Office—told Committee inves- several-hundr); Letter from Rep. Elijah E. imprisonment, or both, at its discretion,
tigators just the opposite, that they never Cummings, Ranking Member, House Com- such contempt of its authority’’).
informed senior Department officials about mittee on Oversight and Government Re- 20 Letter from James M. Cole, Deputy At-
gunwalking in Operation Fast and Furious form, to Rep. Darrell E. Issa, Chairman, torney General, Department of Justice, to
because they were unaware of it.53 House Committee on Oversight and Govern- Rep. Darrell E. Issa, Chairman, House Com-
Finally, the Chairman has promoted an ex- ment Reform (June 5, 2012); Letter from Rep. mittee on Oversight and Government Reform
treme conspiracy theory that the Obama Ad- Elijah E. Cummings, Ranking Member, (May 15, 2012).
ministration intentionally designed Oper- House Committee on Oversight and Govern- 21 Letter from Rep. Darrell E. Issa, Chair-
ation Fast and Furious to promote ment Reform, to Rep. Darrell E. Issa, Chair- man, House Committee on Oversight and
gunwalking. He stated in December 2011 that man, House Committee on Oversight and Government Reform, to Eric H. Holder, Jr.,
the Administration ‘‘made a crisis and they Government Reform (Feb. 2, 2012); Letter Attorney General, Department of Justice
are using this crisis to somehow take away from Rep. Elijah E. Cummings, Ranking (Jan. 31, 2012).
or limit people’s second amendment Member, House Committee on Oversight and 22 Letter from Rep. Darrell E. Issa, Chair-
rights.’’ 54 This offensive claim has also been Government Reform, to Rep. Darrell E. Issa, man, House Committee on Oversight and
made by Rush Limbaugh and other conserv- Chairman, House Committee on Oversight Government Reform, to Eric H. Holder, Jr.,
ative media personalities during the course and Government Reform (Nov. 4, 2011). Attorney General, Department of Justice
5 Department of Justice, Meeting of the At-
of the investigation. For example, on June (Oct. 9, 2011).
20, 2011, Mr. Limbaugh stated: torney General with Mexican Attorney General 23 Letter from Rep. Darrell E. Issa, Chair-
Medina Mora (Nov. 16, 2007). man, House Committee on Oversight and
The real reason for Operation Gunrunner 6 Letter from Rep. Elijah E. Cummings,
Government Reform, to Eric H. Holder, Jr.,
or Fast and Furious, whatever they want to Ranking Member, House Committee on Over- Attorney General, Department of Justice
call it now, the purpose of this was so that sight and Government Reform, to Rep. Dar- (Jan. 31, 2012).
Obama and the rest of the Democrats can rell E. Issa, Chairman, House Committee on 24 On the Record with Greta Van Susteren,
scream bloody murder about the lack of gun Oversight and Government Reform (June 5, Fox News (June 7, 2012) (online at
control in the U.S., which is causing all the 2012). www.foxnews.com/ on-air/on-the-record/ 2012/
7 House Committee on Government Reform
murders in Mexico. This was a setup from 06/08/issas - fast - and - furious - frustration-
the get-go.55 and Oversight, Contempt of Congress: Refusal bubbles-over-holders-truth-not-consistent-
of Attorney General Janet Reno to Produce Doc- facts?page=2).
Another conservative commentator stated uments Subpoenaed By the Government Reform 25 Minority Staff, House Committee on
that ‘‘their political agenda behind this en- and Oversight Committee, 105th Cong. (1998)
tire thing was to blame American gun shops Oversight and Government Reform, Fatally
(H. Rept. 105–728). Flawed: Five Years of Gunwalking in Arizona
for cartel violence in America in order to 8 The Contempt Citation, Washington Post
push an anti-Second Amendment, more regu- (Jan. 2012) (online at http://democrats. over-
(Sept. 22, 1998).
lations on these gun shops.’’ 56 Yet another 9 Buck Stops With Reno; Appointing an Inde- sight.house.gov/index.php?option=coml
one stated: content&task=view&id=5575& Itemid=104).
pendent Counsel in Campaign Contribution 26 Id.; House Committee on the Judiciary,
This was purely a political operation. You Case: That Decision is Reno’s Alone to Make on
Testimony of Eric H. Holder, Jr., Attorney
send the guns down to Mexico, therefore you the Basis of Her Information and Her Interpre-
General, Department of Justice, Oversight of
support the political narrative that the tation of the Law, Los Angeles Times (Aug. 6,
the United States Department of Justice (June
Obama administration wanted supported. 1998).
10 Tell Him No, Ms. Reno!, Miami Herald 7, 2012).
That all these American guns are flooding 27 Letter from Ronald Weich, Assistant At-
Mexico, they’re the cause of the violence in (Aug. 6, 1998).
11 Give Reno Some Room, St. Petersburg torney General, Office of Legislative Affairs,
Mexico, and therefore we need draconian gun Department of Justice, to Sen. Charles E.
Times (Aug. 6, 1998).
control laws here in America.57 12 Congressional Research Service, Congres- Grassley, Ranking Member, Senate Com-
As recently as this month, Committee sional Contempt Power and the Enforcement of mittee on the Judiciary (Feb. 4, 2011).
28 Letter from James M. Cole, Deputy At-
Member John Mica repeated this claim on Congressional Subpoenas: Law, History, Prac-
Fox News. On June 15, 2012, he stated: tice, and Procedure (May 8, 2012). torney General, Department of Justice, to
13 Juan Williams, Issa’s Monstrous Witch Rep. Darrell E. Issa, Chairman, House Com-
People forget how all this started. This ad- Hunt, The Hill (May 14, 2012). mittee on Oversight and Government Re-
ministration is a gun control administra- 14 A Pointless Partisan Fight, New York form, et al. (Dec. 2, 2011).
tion. They tried to put the violence in Mex- Times (June 20, 2012). 29 Id.
ico on the blame of the United States. So 15 Holder Contempt Vote is Dysfunctional 30 Contempt Citation, at 41–42.
they concocted this scheme and actually Washington as Usual, Baltimore Sun (June 21, 31 Id.
sending our federal agents, sending guns 2012). See also Eugene Robinson, GOP Witch 32 Congressional Research Service, Congres-
down there, and trying to cook some little Hunt for Eric Holder Reflects Bigger Problem, sional Oversight Manual (June 10, 2011).
deal to say that we have got to get more Washington Post (June 21, 2012); Paul Bar- 33 United States v. AT&T, 567 F.2d 121, 127
guns under control.58 rett, In Contempt of Government Reform, (D.C. Cir. 1977).
34 5 Op. Off. Legal Counsel. 27, 31 (1981).
There is no evidence to support this con- Businessweek (June 20, 2012); Dana Milbank,
35 Letter from James M. Cole, Deputy At-
spiracy theory. To the contrary, the docu- Republicans’ Attempt to Hold Holder in Con-
tempt is Uphill Battle, Washington Post (June torney General, Department of Justice, to
ments obtained and interviews conducted by
20, 2012) (describing the ‘‘contemptible an- Rep. Darrell E. Issa, Chairman, House Over-
the Committee demonstrate that
tics’’ of the Committee’s contempt pro- sight and Government Reform (June 20,
gunwalking began in 2006, was used in three
ceedings); Sandra Hernandez, Partisan Politics 2012).
operations during the Bush Administration, 36 Letter from Eric H. Holder, Jr., Attorney
and was a misguided tactic utilized by the Plague Probe of ‘Fast and Furious,’ Los Ange-
les Times (‘‘Issa’s demand loses some of its General, Department of Justice, to Barack
ATF field division in Phoenix.59 H. Obama, President (June 19, 2012) (quoting
credibility and lapses into political theater
NOTES Letter from Rep. Darrell E. Issa, Chairman,
when he threatens Atty. Gen. Eric H. Holder
1 Letter from Rep. Elijah E. Cummings, Jr. with criminal contempt for failing to co- House Committee on Oversight and Govern-
Ranking Member, House Committee on Over- operate’’) (Mar. 29, 2012). ment Reform, to Eric H. Holder, Jr., Attor-
sight and Government Reform, to Rep. Dar- 16 The White House, Statement by the Presi- ney General, Department of Justice (June 13,
rell E. Issa, Chairman, House Committee on dent Upon Signing the Omnibus Crime Control 2012)).
Oversight and Government Reform (Oct. 28, 37 Fast and Furious: How President Obama
and Safe Streets Act of 1968 (June 19, 1968); 18
2011). U.S.C. 2511(4)(a) (providing that violators and John Boehner Got to the Brink, Politico
2 House Committee on Oversight and Gov-

‘‘shall be fined under this title or imprisoned (June 22, 2012) (quoting Speaker John A.
ernment Reform, Transcribed Interview of not more than five years, or both’’); 18 U.S.C. Boehner as stating that the ‘‘decision to in-
Kenneth E. Melson (July 4, 2011). 2511(1)(e) (covering any person who ‘‘inten- voke executive privilege is an admission that
3 House Committee on Oversight and Gov- White House officials were involved in deci-
tionally discloses, or endeavors to disclose,
ernment Reform, Report of the Committee on to any other person the contents of any wire, sions that misled the Congress and have cov-
Oversight and Government Reform on Resolu- oral, or electronic communication, inter- ered up the truth’’); House Committee on
tion Recommending that the House of Rep- cepted by means authorized’’ under this Oversight and Government Reform, Business
resentatives Find Eric H. Holder, Jr., Attorney chapter). Meeting (June 20, 2012) (quoting Rep. James
General, U.S. Department of Justice, in Con- 17 18 U.S.C. 2518(1), 2518(8). Lankford as stating ‘‘we weren’t even aware
tempt of Congress for Refusal to Comply with a 18 Sumner Courts Act, Pub. L. No. 76–675, 54 that the President was engaged in the delib-
Subpoena Duly Issued by the Committee on Stat. 688 (1940). erations’’ and Rep. Jason E. Chaffetz stating
that the assertion means that the President Henry A. Waxman, Hearing on the Johnson form, Transcribed Interview of Dennis K.
‘‘somehow was personally involved’’). and Dudley Contempt of Congress Resolutions, Burke (Aug. 18, 2011).
38 Letter from Eric H. Holder, Jr., Attorney 110th Cong. (June 20, 2008). 54 Hannity, Fox News (Dec. 8. 2011) (online
General, Department of Justice, to Barack 44 House Committee on Energy and Com-
at http://video.foxnews.com/v/1317212270001/
H. Obama, President (June 19, 2012) (quoting merce, Congressional Proceedings Against Inte- holder-on-the-hot-seat-over-fast--furious).
Letter from Rep. Darrell E. Issa, Chairman, rior Secretary James G. Watt for Withholding 55 The Rush Limbaugh Show (June 20, 2011)
House Committee on Oversight and Govern- Subpoenaed Documents And For Failure to An-
ment Reform, to Eric H. Holder, Jr., Attor- (online at www.rushlimbaugh.com/ daily/2011/
swer Questions Relating to Reciprocity Under
ney General, Department of Justice (June 13, 06/20/onlthel cuttingledgelwelcoveredl
the Mineral Lands Leasing Act, 97th Cong.
2012)). (Sept. 30, 1982) (H. Rept. 97–898). thel fastlandlfuriouslstorylinlmarch).
39 Letter from Eric H. Holder, Jr., Attorney 45 Id. 56 O’Reilly Factor, Fox News (Apr. 16, 2012)
General, Department of Justice, to Barack 46 Face the Nation, CBS News (Oct. 16, 2011) (online at www.foxnews.com/on-air/oreilly/
H. Obama, President (June 19, 2012) (quoting (online at www.cbsnews.com/stories/2011/10/ 2012/04/17/will-fast-and-furious-hurt-obamas-
Letter from Michael B. Mukasey, Attorney 16/ftn/main20121072.shtml). re-election-chances).
General, Department of Justice, to George 47 Justice Department Accuses Issa of 57 American Newsroom, Fox News (Mar. 12,
W. Bush, President (June 19, 2008); Letter ‘‘Mischaracterizing’’ Evidence in Probe of Oper- 2012) (online at http://video.foxnews.com/v/
from Paul D. Clement, Solicitor General and ation Fast and Furious, Fox News (Oct. 17, 1502683781001/tea-party-turning-up-the-heat-
Acting Attorney General, Department of 2011) (online at www.foxnews.com/politics/ on-fast--furious).
Justice, to George W. Bush, President (June 2011/10/17/justice-department-accuses-issa- 58 Hannity, Fox News (June 15, 2012) (online
27, 2007); Letter from John D. Ashcroft, At- ischaracterizing-evidence-in-probe-
at http://video.foxnews.com /v/1691933147001).
torney General, Department of Justice, to operation/ #ixzz1xiMQtvoh).
48 House Committee on Oversight and Gov- 59 Minority Staff, House Committee on Over-
George W. Bush, President (Dec. 10, 2001); 23
Op. Off. Legal Counsel 1, 1–2 (1999) (opinion of ernment Reform, Hearing on Operation Fast sight and Government Reform, Fatally Flawed:
Attorney General Janet W. Reno); 5 Op. Off. and Furious: Management Failures at the De- Five Years of Gunwalking in Arizona (Jan.
Legal Counsel 27,29–31 (1981) (opinion of At- partment of Justice (Feb. 2, 2012). 2011) (online at http://democrats.oversight.
torney General William French Smith)). 49 Face the Nation, CBS News (Oct. 16, 2011) house.gov/images/stories/minoritylreportl
40 Letter from Eric H. Holder, Jr., Attorney (online at www.cbsnews.com/stories/ 2011/10/ 13112.pdf)
General, Department of Justice, to Barack 16/ftn/main20121072.shtml). ELIJAH E. CUMMINGS.
H. Obama, President (June 19, 2012) (citing 50 Id.
CAROLYN B. MALONEY.
51 Minority Staff, House Committee on
United States v. Nixon, 418 U.S. 683, 705 (1974)). WM. LACY CLAY.
41 House Committee on Oversight and Gov- Oversight and Government Reform, Fatally ELEANOR HOLMES-NORTON.
ernment Reform, Statement of Chairman Flawed: Five Years of Gunwalking in Arizona DANNY K. DAVIS.
Darrell E. Issa, Business Meeting (June 20, (Jan. 2012) (online at http://democrats. over- JOHN F. TIERNEY.
2012). sight.house.gov/index.php?option=coml STEPHEN F. LYNCH.
42 House Committee on Oversight and Gov- content&task=view&id=5575&Itemid=104). CHRISTOPHER MURPHY.
ernment Reform, Report Regarding President 52 The Roger Hedgecock Show (Nov. 21,
MIKE QUIGLEY.
Bush’s Assertion of Executive Privilege in Re- 2011) (online at www.youtube.com/ DENNIS J. KUCINICH.
sponse to the Committee Subpoena to Attorney watch?v=pGYUxuBNxk0). EDOLPHUS TOWNS.
General Michael B. Mukasey, 110th Cong. 53 House Committee on Oversight and Gov-
GERALD E. CONNOLLY.
(2008). ernment Reform, Transcribed Interview of PETER WELCH.
43 House Committee on Oversight and Gov- Kenneth E. Melson (July 4, 2011); House Com- JOHN YARMUTH.
ernment Reform, Statement of Chairman mittee on Oversight and Government Re- JACKIE SPEIER.
Insert graphic folio 182 EH28JN12.112
Mr. ISSA. Mr. Speaker, by direction Brian Terry, I always believed that, in I reserve the balance of my time.
of the Committee on Oversight and time, we would reach an accommoda- Mr. CUMMINGS. Mr. Speaker, I yield
Government Reform, I call up the reso- tion sufficient to get the information myself such time as I may consume.
lution (H. Res. 711) recommending that needed for the American people while Today, Mr. Speaker, is a historic day
the House of Representatives find Eric at the same time preserving the ongo- in many ways. On the one hand, in a
H. Holder, Jr., Attorney General, U.S. ing criminal investigations. landmark decision by Chief Justice
Department of Justice, in contempt of I am proud to say that our com- John Roberts, the Supreme Court
Congress for refusal to comply with a mittee has maintained the ability for upheld the health care bill, ensuring
subpoena duly issued by the Committee the Justice Department to continue that millions of American families will
on Oversight and Government Reform. their ongoing prosecutions. Neither the finally have access to effective and af-
The Clerk read the title of the resolu- majority nor the minority has allowed fordable health care.
tion. any material to become public to com- On the other hand, Republican lead-
The SPEAKER pro tempore. Pursu- promise that. However, the facts re- ers of the House of Representatives are
ant to House Resolution 708, the resolu- main—in Fast and Furious, the Depart- about to plunge into the history books
tion is considered read and shall be de- ment of Justice permitted the sale of as some of the most extreme and par-
batable for 50 minutes, equally divided more than 2,000 weapons that fell into tisan ever. Rather than working to-
and controlled by the chair and rank- the hands of the Mexican drug cartels, gether in a bipartisan way to create
ing minority member of the Committee which was both reckless and inexcus- jobs and help our Nation’s economic re-
on Oversight and Government Reform able. And it clearly was known by peo- covery, they’re rushing to the floor
or their designees. ple, both career professionals and polit- under emergency procedures with a
The text of the resolution is as fol- ical appointees, from the lowliest contempt resolution that is riddled
lows: members on the ground in Phoenix to with errors and is motivated by par-
H. RES. 711 high-ranking officials in the Depart- tisan politics.
Resolved, That Eric H. Holder, Jr., Attor- ment of Justice. But that’s not what When I first heard about the allega-
ney General of the United States, shall be we’re here for today. tions of gunwalking at ATF, I was out-
found to be in contempt of Congress for fail- Today we are here on a very narrow raged. I fully supported our commit-
ure to comply with a congressional sub- contempt, one that the Speaker of the tee’s goals of finding out how it start-
poena. House, in his wisdom and assistance, ed, how it was used, and how it may
Resolved, That pursuant to 2 U.S.C. 192 and has helped us to fashion. Let it be
194, the Speaker of the House of Representa-
have contributed to the death of Bor-
clear: we still have unanswered ques- der Patrol Agent Brian Terry. I made a
tives shall certify the report of the Com-
tions on a myriad of areas related to personal commitment, which I will
mittee on Oversight and Government Re-
form, detailing the refusal of Eric H. Holder, Operation Fast and Furious. But today keep, to the Terry family to conduct a
Jr., Attorney General, U.S. Department of we are only here to determine how, responsible and thorough inquiry.
Justice, to produce documents to the Com- over the 10 months from the time in But today’s contempt vote is a cul-
mittee on Oversight and Government Reform which the American people and the mination of one of the most highly po-
as directed by subpoena, to the United Congress of the United States were lied liticized and reckless congressional in-
States Attorney for the District of Colum- to, given false—literally the reverse vestigations in decades. After receiving
bia, to the end that Mr. Holder be proceeded statement, that ‘‘no guns were allowed
against in the manner and form provided by thousands of pages of documents from
to walk’’ during those 10 months before the Justice Department, conducting
law.
Resolved, That the Speaker of the House the Justice Department finally owned two dozen transcribed interviews, and
shall otherwise take all appropriate action up and recognized that they had to hearing testimony from the Attorney
to enforce the subpoena. come clean that, in fact, Fast and Furi- General nine times, here are the facts:
The SPEAKER pro tempore. After ous was all about gunwalking. First, the committee has obtained no
debate on the resolution, it shall be in The Department of Justice main- evidence that the Attorney General au-
order to consider a motion to refer if tained a series of documents. Many of thorized, condoned, or knew about
offered by the gentleman from Michi- these documents are believed to be gunwalking. Chairman ISSA admitted
gan (Mr. DINGELL) or his designee communications between and with the this just yesterday before the Rules
which shall be debatable for 10 minutes very individuals at the heart of the de- Committee. We’ve seen no evidence
equally divided and controlled by the cision to go forward with Fast and Fu- that the Attorney General lied to Con-
proponent and an opponent. rious. Therefore, we have focused our gress or engaged in a coverup. We’ve
The gentleman from California (Mr. limited contempt on those documents. seen no evidence that the White House
ISSA) and the gentleman from Mary- If our committee is able to receive the had anything to do with the
land (Mr. CUMMINGS) each will control documents in totality that show who gunwalking operations—Chairman ISSA
25 minutes. brought about the dishonest statement admitted this on FOX News Sunday
The Chair recognizes the gentleman to Congress and who covered it up for this past weekend.
from California. 10 months, we believe that will allow Democrats wanted a real investiga-
GENERAL LEAVE us to backtrack to the individuals who tion. But Chairman ISSA refused 10 dif-
Mr. ISSA. Mr. Speaker, I ask unani- ultimately believed in Fast and Furi- ferent requests to hold a hearing with
mous consent that all Members may ous, facilitated Fast and Furious, and the director of ATF, the agency that
have 5 legislative days within which to ultimately made it responsible for ran these misguided operations. Let me
revise and extend their remarks and in- Brian Terry’s death. say that again. During this entire in-
The SPEAKER pro tempore. The vestigation, no Member of the House
sert extraneous materials into the
time of the gentleman has expired. has been able to pose a single question
RECORD for both resolutions made in
Mr. ISSA. I yield myself an addi-
order under the rule. to the head of ATF at a public hearing.
tional 15 seconds. How could you have a credible inves-
The SPEAKER pro tempore. Is there I won’t read everything that’s in my
objection to the request of the gen- tigation of gunwalking at ATF and
opening statement. But I will read just
tleman from California? never hold a single hearing with the
one more thing.
There was no objection. These words were said on the House leadership of the agency in charge? The
Mr. ISSA. Mr. Speaker, I yield myself answer is, you can’t.
floor in 2008 when Speaker PELOSI sup-
2 minutes. Based on the documents, we now
ported contempt. She said:
I never thought that we would be know that gunwalking, in fact, started
Congress has the responsibility of over-
here today. I never thought this point sight of the executive branch. I know that in 2006. Yesterday, Chairman ISSA said
would come. Throughout 18 months of Members on both sides of the aisle take that this about the misguided operations
investigation, through countless areas responsibility very seriously. Oversight is an during the Bush administration: ‘‘They
of negotiations in order to get the min- institutional obligation to ensure against were all flops. They were all failures.’’
imum material necessary to find out abuse of power. Subpoena authority is a vital The committee has obtained docu-
the facts behind Fast and Furious and tool for that oversight. mentary evidence that former Attor-
the murder of Border Patrol Agent Speaker PELOSI, 2008. ney General Mukasey was personally
briefed on these botched interdiction and Furious, there’s so much we do not vote don’t want to have this conversa-
efforts during his tenure and that he know. But because whistleblowers tion, and they aren’t serious about
was told they would be expanded. within the Department of Justice were stopping gun trafficking. They simply
Chairman ISSA refused to call Mr. outraged at mischaracterizations, want to embarrass the administration,
Mukasey for a hearing or even for a there’s a great deal that we do know. even though the committee’s 16-month
private meeting. During our commit- What we do know is that we have investigation found no evidence the At-
tee’s year and a half investigation, the been dealing with a systematic effort torney General knew about
chairman refused every single Demo- to deflect attention away from the de- gunwalking, even though there was no
cratic request for a witness. cisions and the determinations that evidence of White House involvement
Instead of taking any of these rea- were made at the highest levels of the in gunwalking, all of which Chairman
sonable steps as part of a credible and Department of Justice, where informa- ISSA admitted on national TV last
even-handed investigation to deter- tion was brought directly to individ- week.
mine facts, House Republican leaders uals at the highest levels of the De- So if we’re going to talk about gun
rushed this resolution to the floor only partment of Justice, information that trafficking, let’s be clear: this is about
1 week after it was voted out of com- was contained in wiretap affidavits politics, not safety.
mittee. In contrast, during the last that lay out in explicit detail the mat- Mr. ISSA. Mr. Speaker, the minority
Congress, House leaders continued to ters related to Fast and Furious. knows that, in fact, this contempt is
negotiate for 6 months to try to avoid Mr. Speaker, there is a famous all about the Attorney General’s re-
contempt in the United States Attor- quotation in the Department of Justice fusal to turn over documents, not
neys investigation. about the responsibility of the Attor- whether or not it was his lieutenants
Mr. Speaker, some of my colleagues ney General not being to win cases, but or he that personally was involved in
on the other side seem almost giddy to assure that justice is pursued and Fast and Furious.
about today’s vote. After turning this retained. With that, I yield 2 minutes to the
investigation into an election year Mr. Speaker, it is incumbent and a distinguished former chairman of the
witch hunt, they have somehow con- responsibility on this House to do what Judiciary Committee, the gentleman
vinced the Speaker to take it to the is required to do in this circumstance from Wisconsin (Mr. SENSENBRENNER).
and to support the request that we be Mr. SENSENBRENNER. Mr. Speak-
floor.
given the documents to obtain the er, this isn’t about politics. This is
b 1440 about the Constitution, and it’s about
facts that will allow us to draw the
And they are finally about to get the conclusions which I believe will allow Congress’s mandate to do oversight
prize they have been seeking for more us to get to the bottom of this level. over both the executive and judicial
than a year: holding the Attorney Gen- Mr. CUMMINGS. Mr. Speaker, I yield branches of government.
eral of the United States of America in The President is asserting executive
2 minutes to the distinguished gen-
contempt. privilege to attempt to shield these
tleman from Illinois (Mr. QUIGLEY).
They may view today’s vote as a suc- documents, and he is relying on a type
Mr. QUIGLEY. Those bringing this
cess, but in reality, it is a sad failure— of privilege called the deliberative
contempt vote say they want to talk
a failure of House leadership, a failure process privilege. However, that privi-
about gunwalking and how to stop it.
of our constitutional obligations, and a lege disappears when Congress is inves-
Okay, let’s have that conversation.
failure of our responsibilities to the tigating evidence of wrongdoing.
They say they want to stop gun traf-
In 1997, the U.S. Court of Appeals for
American people. ficking and keep our ATF agents safe. the District of Columbia Circuit wrote,
I reserve the balance of my time. Well, then let’s properly fund the ATF, in part:
Mr. ISSA. I yield 3 minutes to the which has the same number of agents
Moreover, the privilege disappears alto-
gentleman from Pennsylvania, the dis- since 1970. gether when there is any reason to believe
tinguished Congressman MEEHAN, a They say they want to stop gun traf- government misconduct occurred.
former U.S. attorney in that district. ficking. Well, then appoint a perma- In another case that was decided by
Mr. MEEHAN. Thank you, Mr. Chair- nent ATF Director, which the agency the First Circuit in 1995, it says that
man. hasn’t had in 6 years. the grounds that shielding internal
Mr. Speaker, this is not about poli- They say they want to stop gun traf- government deliberations in this con-
tics, though there are some who want ficking. Well, then let’s pass some laws text does not serve ‘‘the public’s inter-
to suggest that it is because if they which actually deter straw purchasers. est in honest, effective government.’’
yell loud enough and long enough, it Straw purchasers can currently buy There’s been misconduct that’s al-
will deflect the truth of the matter. thousands of AK–47s, lie on their paper- ready a matter of public record in two
Frankly, it’s not about ‘‘gotcha.’’ As a work, and the penalty is equivalent to instances. The Justice Department
former prosecutor myself, the Attorney a moving violation. wrote Senator GRASSLEY in January of
General personifies the pursuit of jus- They say they want to stop gun traf- 2011 saying that the ATF-sanctioned
tice, and I want to see him do well. But ficking. Well, then let’s give the agents gunwalking across the border was
it is about accountability. in the field what they’ve been asking false, and it took them 9 months to re-
Agent Brian Terry is dead, protecting for: the ability to track multiple pur- tract that letter. So they misled Con-
our border, and 563 days later, the chases of long guns. These long guns gress, and then 9 months later they
Terry family still does not know why it include AK–47s, variant assault weap- said, Oops, maybe we did mislead Con-
occurred. What they do know is that ons, and .50 caliber semiautomatic gress and we’ll withdraw the letter.
the very agency that initiated Fast and sniper rifles, the weapons of choice for And in May 2011, the Attorney General
Furious, the Department of Justice international drug cartels. testified before the Judiciary Com-
under Attorney General Eric Holder, They say they want to stop gun traf- mittee that he first heard of Operation
called the operation ‘‘fatally flawed.’’ ficking. Well, then let’s close the gun Fast and Furious a few weeks before
And then the wagons got circled. show loophole which currently allows the hearing. Over 6 months later, he
It’s about the separation of powers. anyone to purchase any gun they want conceded that he should have said ‘‘a
As uncomfortable as it may be, at without background check. Felons, do- few months.’’
times it’s a fundamental tenet and a mestic violence abusers, those with se- Now, this very clearly shows that
strength of our democracy that Con- vere mental illness, even those on the Congress has got the obligation to get
gress is given not just the power, but terrorist watch list can currently walk to the bottom of this and that the as-
the responsibility, to exercise its duty into a gun show and purchase any gun sertion of executive privilege by the
of oversight over the Executive, espe- they want. President and the Attorney General is
cially when, by their own admission, Yes, 2,000 guns were allowed to walk not based in law. We ought to go ahead
things have gone glaringly wrong. to Mexico, but the truth is tens of and do our job and do our oversight.
Because the Justice Department has thousands of guns flow across our bor- It’s too bad that the Justice Depart-
stubbornly resisted the legitimate in- der every year because of those lax gun ment has decided to try to obstruct
quiries of Congress over Operation Fast laws. But those bringing this contempt Congress’ ability to do it.
Pass the resolution. Clearly, the majority has not taken tration’s catastrophic Fast and Furi-
Mr. CUMMINGS. I yield 2 minutes to the necessary time to properly weigh ous. The American people deserve to
a member of the committee, the gen- this very serious charge. Regrettably, know those answers, and the family of
tleman from Virginia (Mr. CONNOLLY). this deeply flawed and shoddy con- Border Patrol Agent Brian Terry do as
Mr. CONNOLLY of Virginia. Mr. tempt citation is emblematic of the well.
Speaker, the 112th Congress is on the majority’s reckless rush to judgment Mr. CUMMINGS. Mr. Speaker, I yield
verge of becoming the first in the his- throughout this political prosecution. the gentleman from Missouri (Mr.
tory of the country to hold a sitting I have been deeply troubled by the CLAY) 2 minutes, a member of the com-
Cabinet member in contempt, cement- tone and tenor of some of the very hos- mittee.
ing its legacy as the most partisan tile questioning and the utter and com-
House of Representatives perhaps of all Mr. CLAY. Mr. Speaker, as a member
plete contempt and lack of respect of the Oversight Committee, I know
time. When they say it’s not about pol- given to the Attorney General of the
itics, you can be sure it’s about poli- that the gunwalking operations con-
United States. ducted by the ATF under both the pre-
tics. When this chapter of congressional
The majority’s irresponsible and un- vious and current administrations were
history is written, it will not be a absolutely wrong. But the leadership of
precedented contempt vote brings dis- brave, shining moment. It will be seen
honor to this House, which has become this House is focused on shameful elec-
for what it is: a craven, crass, partisan tion-year political posturing instead of
so clouded in judgment, so besotted move that brings dishonor to this body.
with rancor and partisanship, that it’s the real issue.
Mr. ISSA. I now yield 1 minute to the
incapable of addressing a fundamental very distinguished and always partici- The Justice Department, long ago,
separation of powers conflict in a seri- pating member of the committee, the ended the practice of allowing these
ous and fair fashion. gentlewoman from New York (Ms. guns to ‘‘walk’’ across the border, put-
In refusing to engage in good-faith BUERKLE). ting communities in Mexico at great
negotiations with the Department of Ms. BUERKLE. Mr. Speaker, I thank risk. But the same people who have re-
Justice and the Attorney General, the the chairman for his steadfast work on lentlessly pursued a baseless, partisan
majority has exposed this contempt ci- behalf of truth in trying to get to the attack on Attorney General Holder and
tation for what it really is: an extraor- bottom of Fast and Furious. the President have ignored the des-
dinarily shameful political witch hunt Mr. Speaker, Syracuse, New York, in perate pleas of the Mexican Govern-
aimed at trashing an honorable man. the heart of my district, is roughly ment—to strengthen American gun
b 1450 2,500 miles from Rio Rico, Arizona, laws and curb the gun trafficking that
where U.S. Border Patrol Agent Brian gave rise to the strategy in the first
It is unacceptable that we are rush- place.
ing to the floor this unprecedented con- Terry was tragically shot and killed by
an AK–47 assault rifle that the United But focusing on the real issue would
tempt resolution. Yesterday, Ranking
States knowingly allowed into the take time away from their playing pol-
Member CUMMINGS sent a letter to the
hands of a suspected gun trafficker, yet itics with their oversight authority.
Speaker highlighting 100 errors, omis-
every time I’m home, it is the issue Those on the other side of the aisle
sions, and mischaracterizations of fact
first and foremost on the minds of my claim to be concerned about powerful
contained in the contempt citation
constituents. I listen to their calls, to assault weapons crossing the border
itself, rushed out of our committee last
their emails, and at our town halls. into Mexico illegally, but how can they
week on a party-line vote.
Although some of the contempt cita- They want to know what happened, be completely fine with those same
tion’s flaws are simply misleading, oth- who knew what, and when did they powerful assault weapons being sold
ers are significant legal deficiencies know it. They ask me, they ask Wash- right here in this country legally, put-
and may contain factual errors that ington, they ask the Department of ting our communities at even greater
call into question the very validity of Justice: How could the United States risk?
the contempt citation itself. Government, the pillar of hope and This is nothing more than a political
For example, on pages 4 and 5, the freedom, have allowed for this, for one witch hunt. The disgraceful posturing
contempt citation charges that senior of their own representatives, one of that I witnessed at last week’s markup
officials at the Department of Justice their own good guys, to be so helplessly has been continued on the floor today.
headquarters ‘‘ultimately approved and gunned down by a suspected criminal? I agree that it never should have come
authorized’’ Operation Fast and Furi- Mr. Speaker, I’m embarrassed to say to this, but we are here debating this
ous. However, the contempt citation that after 562 days, I still don’t have an resolution solely because of the major-
fails to mention that the committee answer for them. ity. They created the scandal and pro-
has uncovered no evidence that DOJ of- The SPEAKER pro tempore. The duced a showdown during an election
ficials, including the Attorney General, time of the gentlewoman has expired. season just to smear an honorable,
ever approved or authorized Mr. ISSA. I yield the gentlelady an dedicated public servant and to embar-
gunwalking in Operation Fast and Fu- additional 10 seconds. rass his boss.
rious. In fact, the authorization origi- Ms. BUERKLE. Mr. Speaker, I ask: Is I urge my colleagues to reject this
nated at the ATF office in Phoenix, Ar- this the hope that Americans are sup- nakedly partisan abuse of power.
izona, not at DOJ headquarters in posed to believe in out of the sup- Mr. ISSA. Mr. Speaker, it is now my
Washington. posedly most-transparent government honor to yield 1 minute to the distin-
On pages 16, 17, 19, 20, 21, 22, 25, 26, in the history of our Nation? guished Speaker of the House, the gen-
and 27, the contempt citation charges It is my hope, Mr. Speaker, that the tleman from Ohio (Mr. BOEHNER).
DOJ with not producing a series of doc- district court judge will see through
the Attorney General’s contempt of Mr. BOEHNER. I thank my colleague
uments that the chairman only re- for yielding.
cently acknowledged the Department Congress after it is passed in the House
is prohibited by law from providing due today. However, we must not be mis- It’s important for the American peo-
to the potential impact on ongoing taken, even if the Attorney General is ple to know how we got here and to
prosecutions. prosecuted, the case is not closed. We know the facts of this case.
The SPEAKER pro tempore. The must not forget that guns leaked The Congress asked the Justice De-
time of the gentleman has expired. through this program claimed lives. partment for the facts related to Fast
Mr. CUMMINGS. I yield the gen- The SPEAKER pro tempore. The and Furious and the events that led to
tleman an additional 15 seconds. time of the gentlewoman has expired. the death of U.S. Border Patrol Agent
Mr. CONNOLLY of Virginia. In fact, Mr. ISSA. I yield the gentlelady an Brian Terry. The Justice Department
he had to amend his own subpoenas to additional 10 seconds. did not provide the facts and the infor-
delete documents in this very category. Ms. BUERKLE. Mr. Speaker, after mation that we’ve requested. Instead,
But his contempt citation has not today’s vote, we must continue our ef- the information came from people out-
caught up with his most recent version forts to find more answers than there side the Department, people who want-
of his subpoena. are questions relating to this adminis- ed to do the right thing.
In addition to not providing the in- be warranted, a finding of contempt lege, an action the President de-
formation, the administration admit- against the sitting Attorney General of nounced as lacking transparency when
ted misleading Congress, actually re- the United States is most certainly he was campaigning. The Department
tracting a letter it had sent 10 months not. has stood in open defiance of Congress’
earlier. In determining whether this House moral and constitutional obligation to
I think all Members understand this should hold our highest-ranking na- conduct oversight of this affair.
is a very serious matter. The Terry tional law enforcement officer in con- The family of Agent Terry deserves
family wants to know how this hap- tempt of Congress, let us remember to know who approved Fast and Furi-
pened, and they have every right to that up until last week the majority of ous. They have the right to know who
have their answers. And the House our committee had been demanding the had the power to stop this program be-
needs to know how this happened, and production of documents that our At- fore he was murdered, and they need an
it’s our constitutional duty to find out. torney General is legally prohibited explanation as to why the Department
So the House Oversight and Govern- from disclosing and that has caused of Justice took 9 months to withdraw
ment Reform Committee issued a law- much of the delay here. In other words, their false denial that they had ever let
ful and narrowly tailored subpoena. Mr. Holder would have broken the law guns walk into Mexico.
We’ve been patient, giving the Justice and likely compromised existing crimi- The SPEAKER pro tempore. The
Department every opportunity to com- nal prosecutions if he adhered to the time of the gentleman has expired.
ply so we can get to the bottom of this majority’s unreasonable request for Mr. ISSA. I yield the gentleman an
for the Terry family. We showed more materials that related to ongoing additional 15 seconds.
Mr. WALBERG. To some on the other
than enough good faith, but the White criminal investigations, Federal wire-
side of the aisle, it seems fine that the
House has chosen to invoke executive tap communications under judicial
people who authorized this operation
privilege. That leaves us no other op- seal, and documents also subject to
still work within the Department of
tions. The only recourse left to the grand jury secrecy rules.
Justice. I don’t agree. They’d rather
House is to continue seeking the truth Let us also be mindful that we are
play politics than uphold Congress’
and to hold the Attorney General in considering the extent of cooperation,
right to investigate.
contempt of Congress. or noncooperation, of an Attorney Gen- Today’s vote is about accountability.
Now, I don’t take this matter lightly. eral who has appeared before Congress It’s about making sure another 2,000
I, frankly, hoped it would never come on nine separate occasions, whose Jus- firearms don’t end up in the hands of
to this. The House’s focus is on jobs tice Department has produced over Mexican drug cartels. And it’s about
and on the economy. But no Justice 7,600 pages of documents to oversight bringing closure to the Terry family.
Department is above the law, and no investigators and who continues to I urge my colleagues to support this
Justice Department is above the Con- offer significant accommodations in re- resolution and honor the memory of
stitution, which each of us has sworn sponse to extraordinary and ever- Brian Terry.
an oath to uphold. changing requests for information. Mr. CUMMINGS. Mr. Speaker, I yield
So I ask the Members of this body to Meanwhile, the majority continues 4 minutes to the distinguished gen-
come together and to support this reso- to deny any and all Democratic re- tleman from Maryland (Mr. HOYER).
lution so we can seek the answers that quests to publicly question, under Mr. HOYER. Mr. Speaker, this is a
the Terry family and the American oath, law enforcement officials, includ- sad day for the House of Representa-
people deserve. ing former Director of the ATF, Ken tives. It is an irresponsible day for the
Mr. CUMMINGS. I yield myself 1 Melson, the head of the very Agency House of Representatives. It is a day in
minute. that ran the gunwalking operations which the majority party asked us to
I want to say in response to the such as Fast and Furious. take an action that has never been
Speaker, we, too, are all saddened by Accordingly, it’s become quite clear taken in the history of America—never
the tragic death of Border Patrol that what began as a legitimate and once—holding a Cabinet officer in con-
Agent Brian Terry who gave his life in compelling oversight committee inves- tempt of the Congress.
service to his country on December 15, tigation into Operation Fast and Furi- Now, there have been previous con-
2010. ous has deteriorated into an unfortu- tempt citations—some promoted by
nate example of politics and partisan- Democratic committees and some pro-
b 1500
ship at their worst. moted by Republican committees. The
But, Mr. Speaker, despite what my The SPEAKER pro tempore. The average time between committee ac-
colleagues have claimed, this contempt time of the gentleman has expired. tion and consideration on the floor of
vote is not about getting documents Mr. CUMMINGS. I yield the gen- this House is 87 days; time to reflect on
that show how gunwalking was initi- tleman another 15 seconds. an extraordinarily important action
ated and utilized in Operation Fast and Mr. LYNCH. In closing, I urge my with consequences beyond the knowl-
Furious. colleagues on both sides of the aisle to edge of anybody sitting here today.
Now, the only documents in dispute oppose this contempt resolution. Now, I want to tell the chairman,
are the documents created after Fast Mr. ISSA. Mr. Speaker, I now yield 1 with all due respect, I think this inves-
and Furious ended and after Brian Ter- minute to the gentleman from Michi- tigation has been extraordinarily su-
ry’s death, but we pledge to continue gan (Mr. WALBERG). perficial. I think the chairman has
to find all the answers with regard to Mr. WALBERG. Mr. Speaker, there is failed to call witnesses that could in
the death of Brian Terry. no joy in today’s action; but the fact fact give relevant, cogent testimony on
With that, I yield 2 minutes to the remains, 18 months after U.S. Border the issues to bear. That ought to be
distinguished gentleman from Massa- Patrol Agent Brian Terry was mur- done. That is why I will strongly sup-
chusetts (Mr. LYNCH), a member of the dered, the Justice Department has port the motion of the gentleman from
committee. failed to hold anybody accountable for Michigan (Mr. DINGELL), who has
Mr. LYNCH. Mr. Speaker, I would the mistakes of Operation Fast and Fu- served here longer than any of the rest
add that we have 31 Democrats that rious. of us and who is one of the strongest
signed a letter to the Department of As a member of the Oversight and gun control rights supporters in this
Justice and to the White House in the Government Reform Committee, I have Congress.
aftermath of Agent Terry’s death to witnessed firsthand the stonewalling What his motion says is: let us re-
fully cooperate in this investigation. by the Department of Justice and At- flect. Let us bring thoughtful judg-
However, I rise in strong opposition to torney General Holder. At every ques- ment. Let us not, every time that there
this contempt resolution. tion, the Justice Department has re- is the opportunity, choose confronta-
While criticism of the Department of fused to acknowledge what they know tion over cooperation and consensus.
Justice for oversight of the so-called about the gunwalking tactics that led That has been the history of this Con-
‘‘gunwalking’’ operations—conducted to Agent Terry’s death. Most recently, gress, confrontation over consensus
during both the Bush administration they have hid behind the President’s every time, and America is suffering
and the current administration—may erroneous claims of executive privi- because of it.
I ask my friends on the Republican nans and all Americans; 115 Members of nothing, and he seeks for nothing.
side of the aisle—who know me to be a Congress agree that Americans lack Never in my life have I met a man
bipartisan Member of this body who be- confidence in Mr. Holder and his De- more unconcerned with the search for
lieves in this institution and who cares partment. Every Member of Congress the truth.
about its actions and the precedent should do their constitutional duty and I’ve since become even more dis-
that they will set—don’t do this. Vote hold the Attorney General to be in con- turbed by the depth to which Mr. Hold-
for this motion to refer. Give the chair- tempt today. er and his allies will sink to stonewall
man the opportunity he should have The people of Arizona, California, justice.
taken before to have a full hearing, New Mexico, and Texas, who deal with Yes, this is an unprecedented day, I
calling former Attorney General the unsecured borders and violent agree with you. But not until now have
Mukasey, calling the former head of Mexican cartels on a regular basis, now we had an Attorney General have to re-
the ATF, calling agents who were per- must also live in fear of these firearms. tract so many statements made to the
sonally involved in this proceeding. Some have said that these charges Congress of the United States, the duly
I venture to say that there are very against Attorney General Eric Holder elected Representatives of the people
few Members who will vote on this are racially motivated, and I couldn’t of the United States.
issue who have read the committee disagree more. The violent cartels Let us vote to support this motion
proceedings, very few Members who armed by our government have no re- for contempt.
Mr. CUMMINGS. Mr. Speaker, may I
have read the minority report or the gard for party ID or race. Throughout
inquire as to how much time both sides
majority report. Yet they’re about to our Nation and, specifically, in Ari-
have.
take a historic vote to do what has zona, folks from all political parties The SPEAKER pro tempore. The gen-
never been done by any Congress—111 and all races are now living in danger tleman from Maryland has 61⁄4 minutes
Congresses. Do not take this action. of this lethal violence due to the ac- remaining. The gentleman from Cali-
This is not about Republicans or tions of this administration. fornia has 111⁄4 minutes remaining.
Democrats. This is about our Constitu- Make no mistakes about it, today’s Mr. CUMMINGS. I yield 2 minutes to
tion, our country, our respect for a Na- vote is to deliver justice and account- the gentlewoman from New York (Mrs.
tion of laws, not of men. That’s what ability for the Brian Terry family and MALONEY).
this vote is about. We ought not to be the over 300 Mexicans who have died as Mrs. MALONEY. Mr. Speaker, the
voting as Republicans and Democrats; a result of Fast and Furious. Time’s family of Brian Terry deserves our re-
we ought to be voting as Americans, up. spect, our condolences and our best ef-
Americans committed to justice and Mr. CUMMINGS. I yield 30 seconds to forts to finish the mission, to put an
fair process. the gentleman from Maryland (Mr. end to gun violence on the southern
b 1510 HOYER). border. But instead of going after gun
Mr. HOYER. I thank the gentleman violence, this investigation has gone
I regret that I do not believe this for yielding. after the man that tried to stop the
committee has followed that. I believe On November 1, 2009, our Speaker gun violence, the Attorney General.
that the political motivations behind stood on this floor, outraged about the Chairman ISSA has acknowledged
this resolution are clear and pose a process. We, too, are outraged about that Attorney General Holder did not
clear and present danger to this Na- this process, and let me quote the know about the gunwalking operation.
tion. Speaker: He has acknowledged that the Presi-
The SPEAKER pro tempore. The We will not stand for this. And I would ask dent and the White House did not know
time of the gentleman has expired. my House Republican colleagues and those about the gunwalking operation. Both
Mr. CUMMINGS. I yield the gen- who believe that we should be here pro- the White House and the Attorney Gen-
tleman an additional 30 seconds. tecting the American people, protecting our eral have acknowledged that the
Mr. HOYER. I want to thank the gen- Constitution, not vote on this bill. Let’s just
get up and leave.
gunwalking operation was a tragic mis-
tleman from Maryland, my colleague take, that it was badly executed, and
and my friend, for his leadership on My colleagues may well follow that that it originated under the Bush ad-
this effort. advice. ministration.
When we vote on this referral, let us Mr. ISSA. I yield myself 10 seconds, It was Attorney General Holder that
vote as Americans, as I said, not as a and have no doubt that the gentleman terminated the program and requested
partisan issue. You may have the At- will walk off the floor. But his motion an extensive investigation of the oper-
torney General in the future. It’s not is asking us also to delay, into an elec- ation and how it was conducted. And
the question of the party of the Attor- tion, getting an answer for the Terry the documents that they’re now re-
ney General. It is the question of family. I know that is not the wise questing in this ‘‘vast and spurious’’
whether or not this Congress is going course, and I strongly support that we investigation have absolutely nothing
to provide for equal treatment of all do this today. to do with gunwalking.
Attorney Generals and all Cabinet offi- With that, I yield 1 minute to the If they were really interested in dis-
cers. gentleman from Idaho (Mr. LABRADOR). covering the truth, the committee
Let us vote for this motion to refer Mr. LABRADOR. Mr. Speaker, I would have called Kenneth Melson,
and give the committee the oppor- stand with a heavy heart in support of head of the ATF, as a witness. The
tunity it should take, and let us vote today’s contempt resolution. It puts us chairman refused 10 different requests
down this motion that should fail, and another step closer to holding the At- for a hearing with Mr. Melson—10 re-
let us vote down these motions for con- torney General accountable for this se- quests.
tempt, and let us thoughtfully consider verely flawed operation and his failure Republicans have not granted one
the equities of this issue. to cooperate with Congress. single Democratic witness request in 16
Mr. ISSA. Mr. Speaker, it is now my The Attorney General has not only months. Not one.
honor to yield 1 minute to the gen- failed to produce all the relevant docu- This is not about discovering the
tleman from Arizona (Mr. GOSAR), an ments; he has misled this Congress and truth. This is about politics. This has
active participant, and from the dis- thereby prevented us from uncovering become an obsessive political vendetta,
trict from which this event sprung. the truth. So how can the Members of pursuing a political agenda in a season
Mr. GOSAR. Mr. Speaker, finding At- the minority say that an investigation of unusually ugly politics.
torney General Eric Holder, Jr. in con- is superficial when we don’t even have If they were serious about ending gun
tempt of Congress is long overdue, but all the documents? violence, they would do what many
welcome news for the American people, When the Attorney General was be- ATF agents have suggested and put
and especially for Arizonans. fore the Committee on Oversight last some teeth in the law; and that is why
As I explained in my recent state- year, I brought to light his historical I authored, with my colleagues, a bill
ment, Mr. Holder has shown his con- pattern of willful ignorance. I high- to make gun trafficking a Federal of-
tempt and utter disdain for our con- lighted his lack of knowledge when fense and strengthen penalties for
stitutional rights, our border, Arizo- under oath. He knows nothing, he says straw purchases.
This unprecedented contempt cita- All we have asked for is the docu- in court months or years from now and
tion is politics at its worst and why ments. All we want are the facts, and with the Department’s providing the
this body is held in such low esteem by we have been thwarted. Eric Holder, same documents it’s offering to provide
the public now. Attorney General of the United States, today. Let’s end this partisan exercise
Mr. ISSA. Mr. Speaker, I place in the the highest judicial enforcement offi- now.
RECORD at this time the statement by cer of the United States, has been in Mr. ISSA. I yield myself 15 seconds.
the Terry family regarding Congress- contempt, is in contempt, and is show- I respect my colleague from Cali-
man JOHN DINGELL’s criticism of the ing contempt for the Congress and the fornia, as we came in to Congress to-
contempt vote. responsibility under the Constitution gether some 12 years ago; but the fact
TERRY FAMILY STATEMENT WITH REGARD TO of this important committee of Con- is he talked about everything except
CONGRESSMAN JOHN DINGELL’S CRITICISM OF gress. the fact that Congress was lied to in a
CONTEMPT VOTE I urge adoption of the contempt reso- false letter and follow-up statement.
On Wednesday, Representative John Din- lution against the Attorney General. Ten months went by. We’re only asking
gell invoked the Terry family name while for the information related to the false
saying he would not back the contempt reso- b 1520
statements made to Congress during
lutions but instead wants the Oversight and Mr. CUMMINGS. Mr. Speaker, I yield
Government Reform Committee to conduct a that intervening period and nothing
2 minutes to the gentleman from Cali- more.
more thorough investigation into Operation
fornia (Mr. SCHIFF). I reserve the balance of my time.
Fast and Furious.
Congressman Dingell represents the dis- Mr. SCHIFF. I thank the gentleman Mr. CUMMINGS. I yield 1 minute to
trict in Michigan where Brian Terry was for yielding. the gentlewoman from California, the
born and where his family still resides, but I rise in strong opposition to these minority leader, Ms. PELOSI.
his views don’t represent those of the Terry contempt resolutions. Ms. PELOSI. I thank the gentleman
family. Nor does he speak for the Terry fam- I spent 6 years as an assistant U.S. for yielding.
ily. And he has never spoken to the Terry attorney, and I have great admiration
family.
I commend him for his extraordinary
and respect for the hardworking men patriotism, for his commitment to up-
His office sent us a condolence letter when
Brian was buried 18 months ago. That’s the and women of the Department. I have holding our oath of office to protect
last time we heard from him. great respect for our Attorney General, and defend the Constitution, and for
A year ago, after the House Oversight and who I think has been a superb Attorney recognizing full well the congressional
Reform Committee began looking into Oper- General and is a man of great integ- role of oversight of all branches of gov-
ation Fast and Furious, one of Brian’s sisters rity. I, like most Americans, would ernment. I think we all share the view
called Rep. Dingell’s office seeking help and like to know about the facts of Fast
answers. No one from his office called back. that Congress has a legitimate role to
and Furious, about the problem of guns play in oversight; thus, your com-
Mr. Dingell is now calling for more inves-
tigation to be conducted before the Attorney crossing our border, about the horren- mittee has so much jurisdiction, and I
General can be held in contempt of Congress. dous violence to the south of our bor- respect that.
The Terry family has been waiting for over der. But what we do today will shed no I think we also all agree—I think we
18 months for answers about Operation Fast light on that. all very, very much agree—that we are
and Furious and how it was related to What we do today will not improve very sad and seek justice for the family
Brian’s death. If Rep. Dingell truly wants to the situation in terms of gun violence
support the Terry family and honor Brian of Border Patrol Agent Brian Terry.
that has claimed the lives of tens of His loss is a tragedy for all who knew
Terry, a son of Michigan, he and other mem-
bers of congress will call for the Attorney
thousands of Mexican citizens and that him, for all of us who care about him.
General to immediately provide the docu- has claimed the lives of an increasing We offer our condolences to his family.
ments requested by the House Oversight and number of Americans. What we are So sad. But that’s not what we are here
Government Reform Committee. doing today is simply a partisan abuse to debate, what we agree upon.
Mr. ISSA. Mr. Chairman, I’m sure of the contempt power. Thirteen per- What we are here to debate is some-
that the gentlelady from New York cent of the American people think thing very, very large because it is a
recognizes that the right of a minority highly of Congress, and today those 13 major disagreement between the two
hearing has not been exercised, and percent are wondering why. What we sides of the aisle here—and I’m sorry to
that would have answered the ques- do will cause no injury to the Depart- say that—about what our responsibil-
tions, as they are well aware, about ment, but it will cause great injury to ities are to the Constitution of the
bringing Kenneth Melson before the this House. United States. The Constitution re-
committee. That would be their right. The Justice Department, after pro- quires Congress and the executive
They did not exercise their right. viding 8,000 documents and extensive branch to avoid unnecessary conflict
I yield 1 minute to the gentleman testimony, is now being required to and to seek accommodations that serve
from Florida (Mr. MICA), the senior turn over privileged materials; and like both their interests. That’s how the
member of the committee. all administrations before it, it has re- Constitution guides us.
Mr. MICA. I thank the gentleman for luctantly used executive privilege to As Attorney General William French
yielding. respectfully refuse to provide materials Smith, who served under President
When the Founding Fathers created it cannot provide. So now we are here, Ronald Reagan, said:
our government and established the bringing a contempt motion against The accommodation required is not simply
committees in Congress, they had au- the Attorney General, who our com- an exchange of concessions or a test of polit-
thorizing committees and they had ap- mittee chairman acknowledges was not ical strength. It is an obligation of each
propriating committees. In 1808, the aware of Fast and Furious. They don’t branch to make a principled effort to ac-
predecessor of this committee was es- expect any documents to show he was knowledge and, if possible, to meet the le-
tablished for a fundamental reason, aware of Fast and Furious. Yet we are gitimate needs of the other branch.
and that’s to make certain that pro- going to hold this Cabinet official in Mr. Speaker, on the floor today, the
grams and funding were properly exe- contempt? Republicans in Congress are not mak-
cuted and used by agencies created by That is an outrageous abuse of the ing a principled effort to acknowledge
Congress. contempt power. What will happen or to meet the legitimate needs of the
Congress created the law that cre- when this Congress actually needs to other branch. What they are doing is
ated the Department of Justice. Con- use the contempt power for a legiti- exploiting a very unfortunate cir-
gress funded the programs that are mate purpose? Will anyone still recog- cumstance for reasons that I cannot
under the Department of Justice. It’s nize it? even characterize, so I won’t; but I will
our responsibility to investigate when I urge the Speaker to withdraw this say this without any fear of contradic-
things go wrong. And things went motion as, indeed, Speaker Gingrich tion:
wrong. An agent of the United States withdrew the motion in his day and let The basic premise that this debate is
was murdered with weapons which the parties work it out. We both know, predicated on today is a false premise.
were funded by the agency that we cre- Democrats and Republicans, how this It is factually not true. In how many
ated. will end. It will end with a settlement more ways can I say that? So we have
a debate predicated on a false premise. heinous act, the first time in the his- almost unbelievable. Not that what
What can that lead to that has any tory of our country, to bring contempt they’re saying is believable, but unbe-
good outcome? It is a situation in against a Cabinet officer. You would lievable that they would say it.
which we have a contempt of Congress think they’d be more careful about I say to those who have a doubt
resolution against a sitting Cabinet what they say. But being careful about about how they want to proceed, that
member, which is the first time in the what they say is apparently not part of instead of doing what I said before,
over-200-year history of our country their agenda. which was just to come and treat this
that this has ever happened. Again, I know in our caucus there is a mixed as a resolution before the Congress and
what is the motivation? response to this. They’re acting politi- express my ‘‘no,’’ after listening to the
Secondly—and that’s why I quoted cally; we should act politically. We unconscionable presentation, I want to
the Constitution—this motion is not a shouldn’t vote on this; I want to vote join my CBC colleagues in boycotting
principled effort to resolve the issue. If ‘‘no.’’ I think Members have to make the vote when we have the walkout
it were, we would not be able to meas- their own decision about that. I’m very after we have the debate over Mr. DIN-
ure in hours and days, not even weeks, moved by the efforts of our Congres- GELL’s motion.
the rush—the railroading—of a resolu- sional Black Caucus to say that they’re We all take our responsibilities seri-
tion of contempt of Congress that the going to walk out on this. Perhaps ously here, and one of them first and
Republicans passed last week and are that’s the best approach for us to take. foremost is to support, uphold, and de-
bringing this week to the House floor. How else can we impress upon the fend the Constitution of the United
I say this because I took considerable American people, without scaring States. That Constitution requires the
heat myself when we brought contempt them, about what is happening here? Congress and the executive branch—as
charges against two staff people at the What is happening here? What is hap- I began—to avoid unnecessary conflict
White House—Josh Bolton and Harriet pening here is shameful. What is hap- and seek accommodation to serve both
Miers—41⁄2 years ago. We were asking pening here is something that we all interests, the executive branch and the
for some papers. We got nothing, as I have an obligation to speak out legislative branch. We are not uphold-
said to my friends, not even a wrapper against. Because I’m telling you it is ing that aspect of the Constitution
of a piece of gum. Nothing. Eric Holder today, and it’s anybody here.
Stonewalled. Nothing. Yet, at the time, else tomorrow on any charge they can I urge my colleagues to vote ‘‘no,’’ or
our chairman of the Judiciary Com- drum up. a ‘‘no’’ vote, but to seriously reject.
mittee, Mr. CONYERS, and our House As has been said, the fact is that the Let’s hope that this will not be re-
leadership, Mr. HOYER and others, kept papers that they have seen, they know peated. But I’m telling you, it’s Eric
saying, Find a way. Exhaust every are exculpatory. That means there is Holder one day, and you don’t know
remedy so that we do not have to take no blame on the Attorney General, and who it is the next because of the frivo-
this action of bringing a contempt they know that. That’s why they don’t lousness with which they treat a seri-
charge to the floor of the House. want to bring those responsible for this ous responsibility of the House of Rep-
For over 200 days, we tried, we tried, before their committee, and that’s why resentatives. It’s appalling.
we tried to resolve the situation. When I commend Chairman DINGELL for his Mr. ISSA. As I know the former
we could not, we brought it to the leadership in the motion that he will Speaker of the House knows, the Attor-
floor—two staff people at the White bring to the floor momentarily, a money General is being held in contempt
House—which is in stark contrast to tion of referral, so that we can get to as the custodian of the records for re-
the rush of one week to the next for an the bottom of this, so that we can see fusing to deliver them, and not because
unsubstantiated—not even factual— how this happened, so that we can offer we got to choose how far up or not to
charge against the Attorney General of some solace to Brian Terry’s family, go.
the United States. and so that we can have some sense of With that, I yield 1 minute to the
It may just be a coincidence—I don’t decency about what should happen on gentleman from Utah (Mr. CHAFFETZ).
the floor of the House. Mr. CHAFFETZ. Mr. Speaker, Leader
know—that the Attorney General of
It seems to me the more baseless the PELOSI seriously questioned our moti-
the United States, the chief legal offi-
charge, the higher up they want to go vations here. Let me be crystal clear
cer of our country, has a responsibility
with the contempt. The less they have what my motivation is. We have a dead
to fight voter suppression, which is
to say that is real, the higher up they United States agent. We have more
going on in our country; has refused to
want to bring the contempt charge. than 200 dead people in Mexico. We
defend the constitutionality of DOMA
I have always tried to make it a have more than 2,000 weapons that
because he doesn’t believe it’s constitu-
habit of not questioning the motiva- were knowingly and willfully given to
tional; or has some major disagree-
tion of people. They believe what they the drug cartels. More than 1,000 of
ments on immigration, which fall
believe, we believe what we believe, those weapons are still missing. Most
under the enforcement of immigration
and we act upon our beliefs. It always of them are AK–47s. We have a duly
law.
interested me that in this Congress issued subpoena that has not been re-
b 1420 somebody can bring something to the sponded to.
It may just be a coincidence that floor that is not true. But if I were to On February 4, 2011, on Department
those are part of his responsibilities, or call someone a misrepresenter of that of Justice letterhead, they presented
maybe it isn’t. But the fact is is that information, my words would be taken the United States Congress a letter
the chief legal officer of our country down. So I guess that gives them lib- that was a lie. It took them nearly 9 to
and his staff have to spend enormous erty to say anything because it’s in the 10 months to provide that information
psychic and intellectual energy and form of a motion. and say, Whoops, sorry. That’s not
time dealing with this unprincipled ef- Let’s make sure that we all take re- good enough.
fort on the part of the Republicans. sponsibility for doing the right thing This is not about Eric Holder. This is
Just when you think you have seen it by not letting there be an abuse of about the Department of Justice and
all, just when you think they couldn’t power, an abuse of this floor of the justice in the United States of Amer-
possibly go any further over the edge, House, an abuse of the time of the ex- ica. I would hearken back to the June
3, 2011, letter that 31 brave Democrats
they come up with something like this. ecutive branch, an abuse of the time of
It’s stunning. It really is. I don’t mean a member of the Cabinet who has seri- sent to the White House. I will read
that in meaning it’s beautiful. It’s ous responsibilities to our country. part of this. And remember, this is
stunning. It stops you in your tracks I urge my colleagues to do what they about a year ago:
because you say: How far will they go? want as far as walking off. I myself had It is equally troubling that the Depart-
ment of Justice has delayed action and with-
Have they no limits? Apparently, not. said that I was coming to this floor to
held information from congressional inquir-
The temptation is to say: Let’s just vote against this resolution. I thought ies.
ignore the whole thing, to not dignify it was so wrong that there was no ques-
what they’re doing by even being tion to take the opportunity to vote b 1540
present on the floor when they do this ‘‘no.’’ But listening to the debate, it is He went on to say:
While the Department of Justice can and have to move with the contempt cita- the Omnibus Crime Control and Safe Streets
should continue its investigation, those action, the President of the United Act, and are sometimes referred to as ‘‘T–
tivities should not curtail the ability of Con- States issues an executive order claim- IIIs.’’
gress to fulfill its oversight duty. We urge The use of federal wire intercepts requires
ing executive privilege. Something is a significant amount of case-related infor-
you to instruct the Department of Justice to
promptly provide complete answers to all funny. mation to be sent to senior Department offi-
congressional inquiries. The SPEAKER pro tempore. The cials for review and approval. All applica-
time of the gentleman has expired. tions for federal wiretaps are authorized
The SPEAKER pro tempore. The under the authority of the Assistant Attor-
time of the gentleman has expired. Mr. ISSA. I yield the gentleman an
additional 30 seconds. ney General for the Criminal Division. In
Mr. ISSA. I yield the gentleman an practice, a top deputy for the Assistant At-
additional 15 seconds. Mr. BURTON of Indiana. Something torney General has final sign-off authority
Mr. CHAFFETZ. Nothing’s changed is wrong. There’s just no question. before the application is submitted to a fed-
in over a year. But I will tell you this: Something is being hidden from the eral judge for approval. This deputy must en-
Brian Terry doesn’t have answers. You Congress and the American people. And sure that the wiretap application meets stat-
no matter how much is being said here utory requirements and Justice Department
don’t have answers. I don’t have an- policy. The approval process includes a cer-
swers. I want all the facts. That’s what tonight, the fact of the matter is we
aren’t getting the information. tification that the wiretap is necessary be-
we’re asking for today, the facts, all of cause other investigative techniques have
them. A Border Patrol agent has been been insufficient. Therefore, making such a
Mr. CUMMINGS. I will remind the killed, maybe two. Hundreds of people judgment requires a review of operational
gentleman that all of this started have been killed in Mexico with Amer- tactics. Since gunwalking was an investiga-
under President Bush. ican guns that our government knew tive technique utilized in Fast and Furious,
I reserve the balance of my time. were going across that border. The At- then either top deputies in the Criminal Di-
torney General has not been giving us vision knew about the tactics employed as
Mr. ISSA. I would recognize myself part of their effort to establish legal suffi-
for 10 seconds. the information. The Justice Depart-
ciency for the application, or they approved
The distinguished gentleman from ment has been hiding it from the Con- the wiretap applications in a manner incon-
Maryland can have an opinion, but he gress and the American people, and the sistent with Department policies.
can’t have his facts. President has claimed executive privi- From the beginning, ATF was transparent
Fast and Furious was an OCDETF op- lege. If that doesn’t tell you some- about its strategy. An internal ATF briefing
eration that began under President thing, nothing will. paper used in preparation for the OCDETF
Mr. CUMMINGS. I reserve the bal- application process explained as much:
Obama and Attorney General Holder. Currently our strategy is to allow the
No ifs, no ands, no buts. And I would ance of my time. transfer of firearms to continue to take
trust that the gentleman would no Mr. ISSA. Mr. Speaker, I would in- place, albeit at a much slower pace, in order
longer make statements that would be quire of how much time is remaining. to further the investigation and allow for the
less than truthful. The SPEAKER pro tempore. The gen- identification of co-conspirators who would
And I reserve the balance of my time. tleman from California has 61⁄2 minutes continue to operate and illegally traffic fire-
Mr. CUMMINGS. I yield myself 15 remaining. The gentleman from Mary- arms to Mexican DTOs which are perpe-
seconds. land has 11⁄4 minutes remaining. trating armed violence along the Southwest
Mr. ISSA. I thank the Speaker. Border.
Again, the gentleman puts out state-
ments in search of facts. I submit the following: * * * * *
I reserve the balance of my time. The ultimate goal is to secure a Federal T–
HOUSE OF REPRESENTATIVES,
III audio intercept to identify and prosecute
Mr. ISSA. With that, I yield 1 minute COMMITTEE ON OVERSIGHT
all co-conspirators of the DTO. . . .
to the distinguished gentleman from AND GOVERNMENT REFORM,
Tracking the illegally-purchased guns
Indiana (Mr. BURTON), the former Washington, DC, May 24, 2012. after they left the premises of Federal Fire-
chairman of the Oversight Committee. Hon. ELIJAH E. CUMMINGS, arms Licensees (FFLs) would allow ATF and
Ranking Member, Committee on Oversight and federal prosecutors to build a bigger case,
Mr. BURTON of Indiana. I thank the
Government Reform, House of Representa- one aimed at dismantling what was believed
gentleman for yielding. tives, Washington, DC.
There has been a lot of hyperbole and to be a complex firearms trafficking net-
DEAR RANKING MEMBER CUMMINGS: Last work. The task force failed, however, to
a lot of repetition, but a lot of the February, I joined Senator Grassley in inves- track the firearms. Instead, according to the
things that have been said haven’t tigating Operation Fast and Furious, the testimony of ATF agents, their supervisors
really been factual. So let’s look at the reckless and fundamentally flawed program ordered them to break off surveillance short-
facts: conducted by the Phoenix Field Division of ly after the guns left the gun stores or were
Brian Terry was murdered. Hundreds the Bureau of Alcohol, Tobacco, Firearms, transferred to unknown third parties. Many
of people have been murdered in Mex- and Explosives (ATF). As you know, during of the firearms purchased were next seen at
Fast and Furious, ATF agents let straw pur- crime scenes on both sides of the border.
ico with guns that went across the bor-
chasers illegally acquire hundreds of fire- THE FAST AND FURIOUS GUN TRAFFICKING
der. The Justice Department said in arms and walk away from Phoenix gun
February of 2011 that they had no NETWORK WAS NOT COMPLEX
stores. The misguided goal of this operation
knowledge about this, and then 10 We now know the gun trafficking ring that
was to allow the U.S.-based associates of a
Fast and Furious was designed to target was
months later, they admitted they lied. Mexican drug cartel to acquire firearms so
relatively straightforward. It involved ap-
Now they said they didn’t know, and they could be traced back to the associates
proximately 40 straw purchasers; a money-
then they said they did. I don’t know once the firearms were recovered at crime
man, Manuel Celis-Acosta (Acosta), and; two
what you call that, but to me, it’s a lie. scenes. On December 15, 2010, two guns from
figures tied to Mexican cartels. Acosta and
the Fast and Furious operation were the
Then Chairman ISSA tried again and the cartel figures were the top criminals tar-
only ones found at the scene of U.S. Border
again to get information so we could geted by ATF and the U.S. Attorney’s Office.
Patrol Agent Brian Terry’s murder. On January 19, 2011, 20 suspects were in-
get to the bottom of this, like the 32
AN ORGANIZED CRIME DRUG ENFORCEMENT TASK dicted, including Acosta and 19 of his straw
Democrats wanted, and they refused. FORCE (0CDETF) WIRETAP CASE buyers. In all, it is believed that the Fast
He sent subpoenas; they refused. They and Furious network purchased approxi-
Operation Fast and Furious got its name
hid behind this being an ongoing inves- when it became an official Department of mately 2,000 firearms. An internal ATF docu-
tigation and they couldn’t give those Justice Organized Crime Drug Enforcement ment dated March 29, 2011, shows that of the
documents. We got a fraction of the Task Force (OCDETF) Strike Force case. indicted defendants, only a select few pur-
documents that should have been given The OCDETF designation resulted in funding chased the majority of the firearms, and
to us, but they wouldn’t do that. for Fast and Furious from the Justice De- nearly all of the purchases occurred after
ISSA met with the Attorney General’s partment’s headquarters in Washington, D.C. ATF knew that these defendants were straw
The Strike Force designation meant that it purchasers working with Acosta. These four
people to try to come to some conclu- indicted defendants alone illegally purchased
sion, some kind of a resolution of this would not be run by ATF, but would instead
create a multi-agency task force led by the nearly 1,300 firearms: Uriel Patina (720), Sean
so we wouldn’t have to move the con- U.S. Attorney’s Office. The designation also Steward (290), Josh Moore (141), and Alfredo
tempt citation; nothing, absolutely meant that sophisticated law enforcement Celis (134).
nothing. techniques such as the use of federal wire THE GOALS OF OUR INVESTIGATION
And then finally, at the 11th hour, intercepts, or wiretaps, would be employed. A central aim of our investigation has been
when we knew that we were going to Federal wiretaps are governed by Title III of to find out why and how such a dangerous
plan could have been conceived, approved, conformed to Justice Department policy. tion a federal judge somewhere in the United
and implemented. Who in ATF and the Jus- The information is as vast as it is specific. States that we believe it is a credible re-
tice Department knew about the volume of This wiretap application, signed by Deputy quest. But we cannot—those now 22 lawyers
guns being purchased? Who approved of the Assistant Attorney General Kenneth Blanco that I have who review this in Washington—
case at various stages as it unfolded? Under under the authority of his supervisor, Assist- and it used to only be seven—can not and
whose authority did this occur? Who could ant Attorney General Breuer, provides new should not replace their judgment, nor can
have—and should have—stopped it? By close- insight into who knew—or should have they, with the thousands of prosecutors and
ly examining this disastrous program, our known—what and when in Operation Fast agents all over the country. Theirs is a legal
Committee hopes to prevent similar reckless and Furious. analysis; is there a sufficient basis to make
operations from using dangerous tactics like To assist you in better understanding the this request.
gunwalking ever again. Our investigation facts, I appreciate the opportunity to provide Assistant Attorney General Breuer failed
also aims to determine what legislative ac- relevant and necessary context for some of to acknowledge that before a wiretap appli-
tions might be necessary to ensure that such the information in this wiretap application. cation can be authorized, it must adhere to
a program will not happen again. Due to the sensitivity of the document, indi- Justice Department policy. Yet, the oper-
THE DEPARTMENT’S FAILURE TO COMPLY WITH vidual targets and suspects will be referred ational tactics included in the enclosed wire-
THE COMMITTEE’S SUBPOENAS to with anonymous designations. You will tap application—including abandoning sur-
Our Committee is still entitled to thou- notice, however, that the individuals re- veillance and not interdicting firearms—vio-
sands of documents responsive to our sub- ferred to in the wiretap application are well- late Department policy. According to Deputy
poenas. These documents will undoubtedly known to our investigation. Although senior Attorney General Cole, operations allowing
shed more light on the misguided tactics Department officials authorized this applica- guns to cross the border do indeed violate
used in Operation Fast and Furious. If the tion on March 15, 2010, a mere four months Department policy. In an e-mail he sent to
Justice Department changes course and com- after the investigation began, it contains a southwest border U.S. Attorneys on March 9,
plies with the Committee’s subpoenas, some breathtaking amount of detail. 2011, Deputy Attorney General Cole stated,
of these documents will cover the targets of The detailed information about the oper- ‘‘I want to reiterate the Department’s pol-
an FBI investigation of the individuals who ational tactics contained in the applications icy: We should not design or conduct under-
were the link between the drug cartels and raises new questions about statements of cover operations which include guns crossing
the Fast and Furious firearms trafficking senior Justice Department officials, includ- the border.’’
ing the Attorney General himself. Before the The Committee understands the limita-
ring. Other documents will chronicle the De-
Senate Judiciary Committee on November 8, tions of the Office of Enforcement Oper-
partment’s response to allegations of whis-
2011, the Attorney General testified: ations function. Nevertheless, when pre-
tleblowers following Agent Terry’s death and
I don’t think the wiretap applications—I’ve sented with alarming details such as those
how it shifted its position from the outright
not seen—I’ve not seen them. But I don’t contained in this application, a sensible law-
denial that there was any misconduct to the
know—I don’t have any information that in- yer—vested with the important responsi-
Department’s formal withdrawal of its false
dicates that those wiretap applications had bility of recommending to the Assistant At-
statement in December 2011.
Most importantly, as you are well aware, anything in them that talked about the tac- torney General whether a wiretap should be
we are still waiting for documents relating tics that have made this such a bone of con- authorized—must raise the alarm. Senior of-
to the individuals who approved the tactics tention and have legitimately raised the ficials reviewing the application for legal
employed in Fast and Furious. In his recent concern of members of Congress, as well as sufficiency and/or whether Justice Depart-
letter to me, Deputy Attorney General those of us in the Justice Department. I—I’d ment policy was followed, however, failed to
James Cole asserted that such documents be surprised if the tactics themselves about identify major problems that these manifold
‘‘will not answer the question’’ of what sen- gun walking were actually contained in facts suggested.
ior officials were in fact notified of the unac- those—in those applications. I have not seen MARCH 2010 WIRETAP APPLICATION STATES THE
ceptable tactics used in Fast and Furious. them, but I would be surprise[d] [if that] MAIN SUSPECT HAD INTENT TO ACQUIRE FIRE-
This statement is deeply misleading. We are were the case. ARMS FOR THE PURPOSE OF TRANSPORTING
At a hearing before our Committee on Feb- THEM TO MEXICO
aware of specific documents that lay bare
ruary 2, 2012, the Attorney General also de- According to the wiretap application ob-
the fact that senior officials in the Depart-
nied that any information relating to tactics tained by the Committee, as early as Decem-
ment’s Criminal Division who were respon-
appeared in the wiretap affidavits. He testi- ber 2009, the task force had identified the
sible for approving the applications in sup-
fied: main suspect in Fast and Furious (Target 1),
port of the Fast and Furious wiretap author-
I think, first off, there is no indication a figure well-known to our investigation.
ization requests were indeed made aware of
that Mr. Breuer or my former deputy were The affidavit provides transcripts of entire
these questionable tactics. Cole’s letter goes
aware of the tactics that were employed in conversations obtained through a prior DEA
on to state that ‘‘Department leadership was
this matter until everybody I think became wire intercept. These conversations dem-
unaware of the inappropriate tactics used in
aware of them, which is like January Feb- onstrate that key suspects in Operation Fast
Fast and Furious until allegations about
ruary of last year. The information—I am and Furious were running a firearms traf-
those tactics were made public in early
not at this point aware that any of those tac- ficking ring. In one conversation that took
2011.’’ That statement is even more mis-
tics were contained in any of the wiretap ap- place on December 11, 2009, Unknown Person
leading and utterly false. The information
plications. 1 asks, ‘‘Can you hold them [firearms] for me
provided to senior officials in the affidavits Contrary to the Attorney General’s state-
accompanying the wiretaps includes copious there for a little while there?’’ Target 1 re-
ments, the enclosed wiretap affidavit con-
details of the reckless investigative tech- sponds, ‘‘Well it’s that I do not want to have
tains clear information that agents were
niques involved. Senior department leaders them at home, dude, because there is a lot of
willfully allowing known straw buyers to ac-
were not only aware of these tactics. They . . . uh, it’s too much heat at my house.’’
quire firearms for drug cartels and failing to
approved them. Unknown Person 1 then asked where he
interdict them—in some cases even allowing
WIRETAP APPLICATION OBTAINED BY THE could store the firearms and Target 1 re-
them to walk to Mexico. In particular, the
COMMITTEE sponds, ‘‘[m]ake arrangements with that guy
affidavit explicitly describes the most con-
The Committee has obtained a copy of a [Straw Purchaser X], call him back and
troversial tactic of all: abandoning surveil-
Fast and Furious wiretap application, dated make arrangements with him.’’ The affidavit
lance of known straw purchasers, resulting
March 15, 2010. The application includes a acknowledges that while monitoring the
in the failure to interdict firearms.
memorandum dated March 10, 2010, from As- The Justice Department’s Office of En- DEA target telephone numbers, law enforce-
sistant Attorney General of the Criminal Di- forcement Operations reviews the wiretap ment officers intercepted calls that dem-
vision Lanny A. Breuer to Paul M. O’Brien, applications to ensure that they are both le- onstrated that Target 1 was conspiring to
Director, Office of Enforcement Operations, gally sufficient and conform to Justice De- purchase and transport firearms for the pur-
authorizing the wiretap application on be- partment policy. Deputy Attorney General pose of trafficking the firearms from the
half of the Attorney General. The memo- James M. Cole has verified this under- United States to Mexico.
randum from Breuer was marked specifically standing. In a letter he sent to Congress on MARCH 2010 WIRETAP APPLICATION STATES THAT
for the attention of Emory Hurley, the lead January 27, 2012, he stated that the Depart- NEARLY 1,000 FIREARMS HAD ALREADY BEEN
federal prosecutor for Operation Fast and ment’s ‘‘lawyers help AUSAs and trial attor- PURCHASED, AND THAT MANY WERE RECOV-
Furious. neys ensure that their wiretap packages ERED IN MEXICO
In response to your personal request, I am meet statutory requirements and DOJ poli- The Probable Cause section of the affidavit
enclosing a copy of the wiretap application. cies. When Assistant Attorney General shows that ATF was aware that from Sep-
Please take every precaution to treat it Breuer testified last November about the tember 2009 to March 15, 2010, Target I ac-
carefully and responsibly. I am hopeful that wiretap approval process, however, he stated: quired at least 852 firearms valued at ap-
it will assist you in understanding the infor- [The role of the reviewers and the role of proximately $500,000 through straw pur-
mation brought to the attention of senior of- the deputy in reviewing Title Three applica- chasers. As of March 15, 2010, twenty-one
ficials in the Criminal Division charged with tions is only one. It is to insure that there is straw purchasers had been identified. Be-
reviewing the contents of the applications to legal sufficiency to make an application to tween September 23, 2009, and January 27,
determine if they were legally sufficient and go up on a wire, and legal sufficiency to peti- 2010, 139 firearms purchased by these straw
purchasers were recovered—81 of which were The very next day, nine of these firearms ation Fast and Furious. The affidavit reveals
in Mexico. These recoveries occurred one to were recovered during a police stop of a third that the Justice Department has been mis-
49 days after their purchase in Arizona. person in Douglas, Arizona, on the U.S.-Mex- representing important facts to Congress and
MARCH 2010 WIRETAP APPLICATION DESCRIBES ico border. Five days later, Straw Purchaser withholding critical details about Fast and
HOW SMUGGLERS WERE BRINGING FIREARMS Z bought another 43 firearms from an FFL. Furious from the Committee for months on
INTO MEXICO On December 24, 2009, Straw Purchaser Z end. As the primary investigative arm of
The wiretap affidavit details that agents bought even more firearms, purchasing 40 Congress, our Committee has a responsi-
were well aware that large sums of money AK–47 type rifles from an FFL. All of these bility to demand answers from the Depart-
were being used to purchase a large number rifles were recovered on January 13, 2010, in ment and continue the investigation until
of firearms, many of which were flowing El Paso, Texas, near the U.S./Mexico border. we get all the facts.
across the border. For example, in the span Although the individual found in possession Sincerely,
of one month, Straw Purchaser Z bought 241 of all these guns provided the first name of DARRELL ISSA.
firearms from just three cooperating FFL,s. the purchaser, agents did not arrest the indi- Chairman.
Of those, at least 57 guns were recovered vidual or the purchaser. Mr. ISSA. I now yield 1 minute to the
shortly thereafter either in the possession of Though the wiretap application states that gentleman from Oklahoma (Mr.
others or at crime scenes on both sides of the agents were conducting surveillance of
known straw purchasers, none of these weap-
LANKFORD).
border. The wiretap affidavit even shows Mr. LANKFORD. Mr. Speaker, this is
that ATF agents knew the tactics the smug- ons were interdicted. No arrests were made.
MARCH 2010 WIRETAP DETAILS HOW FAST AND
a truly sad day. This is not stunning,
glers were using to bring the guns into Mex-
FURIOUS FIREARMS HAD BEEN FOUND AT as I have heard. This is a deliberative
ico.
According to the affidavit: The potential CRIME SCENES IN MEXICO process that we’ve tried to work
interceptees conspire with each other and The wiretap affidavit also details the very through.
others known to illegally traffic firearms to sort ‘‘time-to-crime’’ for many of the fire- We have a border agent that’s been
Mexico. The potential interceptees purchase arms purchased during Fast nd Furious. For killed. We have hundreds of Mexicans
firearms in Arizona and transport them to example, on November 6, 2009, November 12, that have been killed. And the finger-
Mexico or a location in close proximity of 2009, and November 14, 2009, Straw Purchaser prints on all of that go straight back to
the United States/Mexico border. The poten- Y purchased a total of 25 AK–47 type firearms an operation that was done by the Fed-
tial interceptees deliver the firearms to indi- from an FFL in Arizona. On November 20, eral Government. This is a moment to
vidual(s) both known and unknown who then 2009—just eight days later—Mexican officials
transport them into Mexico and/or the po- recovered 17 of these firearms in Naco, So-
get all of the facts, to get it on the
tential interceptees transport the firearms nora, Mexico. Another straw purchaser, table, find out what happened, and to
across the border and deliver them to cus- Straw Purchaser Q, purchased a total of 17 get it done.
tomers both known and unknown. AK–47 type firearms from an FFL on Novem- Now, we started with a subpoena
The fact that ATF knew that Target 1 had ber 3, 2009, November 10, 2009, and November process, over 22 different categories.
acquired 852 firearms and had the present in- 12, 2009. Then, on December 9, 2009, Mexican We narrowed that down to one. How do
tent to move them to Mexico should have officials recovered 11 of these firearms in we get the documents from the time of
prompted Department officials to act. De- Mexicali, Baja California, Mexico, along with February 4 of last year, when the De-
partment officials should have ensured that approximately 421 kilograms of cocaine, 60
the firearms were interdicted immediately partment of Justice told us one thing,
kilograms of methamphetamine, 48 addi-
and that law enforcement took steps to dis- tional firearms, 392 ammunition cartridges,
and December, when they said, Oops,
rupt any further straw purchasing and traf- $2 million in U.S. currency, and $800,000 in and changed their story? We found out
ficking activities by Target 1. Similarly, by Mexican currency. that they had not told us the truth.
way of example, if Criminal Division attor- Once again, although ATF was aware of And in that time period when they
neys were reviewing a wiretap affidavit that these facts, no one was arrested, and ATF stalled, stalled, stalled, stalled, we just
showed that human trafficking was taking failed to even approach the straw purchasers. want the information on that. How did
place for the purpose of forcing humans into Upon learning these details through its re- this occur?
slavery, the attorneys should act to make view of this wiretap affidavit, senior Justice This is essential because Phoenix
sure such a practice would not continue. Ac- Department officials had a duty to stop this
cordingly, Target l’s activities should have operation. Further, failure to do so was a
ATF had a plan, Fast and Furious. It
provoked an immediate response by the violation of Justice Department policy. was then approved by the U.S. attorney
Criminal Division to shut him and his net- STRAW PURCHASERS HAD MEAGER FINANCIAL
in that area, and then went up the food
work down. MEANS chain to the Department of Justice,
MARCH 2010 WIRETAP APPLICATION CONTAINS The affidavit provides details of the straw where it was signed off. This is not ir-
DETAILS OF DROPPED SURVEILLANCE purchasers’ financial records. As of March 15, relevant. It is essential that we know
The wiretap affidavit also describes fire- 2010, just four straw purchasers had spent the process of how this was done. If
arms purchases by individual straw pur- $373,206 in cash on firearms. Yet, these same we’re going to fix this problem, we’ve
chasers. For example, Straw Purchaser Y straw purchasers had only minimal earnings got to know the facts. Instead, they’re
purchased five AK–47 type firearms on De- in Fiscal Year (FY) 2009. Straw Purchaser Q being withheld.
cember 10, 2009, and surveillance units ob- earned $214 per week, while Straw Purchaser Mr. CUMMINGS. I will continue to
served Straw Purchaser Y travel from the Y earned only $188 per week. Straw Pur-
FFL where he made the purchase to Target reserve the balance of my time.
chaser Z earned $9,456.92 during FY 2009, and
l’s residence. The next day, surveillance Mr. ISSA. Mr. Speaker, as a point of
Straw Purchaser X did not report any in-
units observed Straw Purchaser Y purchase come whatsoever. inquiry, do I have the right to close?
an additional 21 AK–47 type firearms, and The SPEAKER pro tempore. The gen-
within an hour, arrive at Target l’s home. Money spent on tleman from California has the right to
On December 8, 2009, agents observed Name firearms by FY 2009 income*
3/15/10 close.
Straw Purchaser Z purchase 20 AK–47 type Mr. ISSA. Then I will reserve my
firearms. While Straw Purchaser Z was mak- Straw Purchaser Y ........................ $128,580 $9,776 right to close.
ing this purchase, Z saw a commercial deliv- Straw Purchaser Q ........................ 64,929 11,128
Straw Purchaser X ........................ 39,663 None reported Mr. CUMMINGS. Does the gentleman
ery truck arrive at the gun store with a ship- Straw Purchaser Z ........................ 140,034 9,456 have any further requests for time?
ment of an additional 20 AK–47 type fire-
Total ..................................... $373,206 Mr. ISSA. No, I do not.
arms. Straw Purchaser Z then told FFL em-
Mr. CUMMINGS. Mr. Speaker, as the
ployees that he wanted to purchase those ad- *Incomes based on weekly incomes detailed in wiretap application.
ditional firearms. Later that same day, Democratic leader said, there is no
Straw Purchaser Z returned to the FFL to These straw purchasers did not have the fi- doubt that the Constitution gives Con-
buy them. After Straw Purchaser Z left the nancial means to spend tens of thousands of gress the right and responsibility to in-
dollars each on guns. Yet, ATF allowed them
FFL with the firearms, Phoenix police offi- vestigate. But the Constitution also re-
cers conducted a vehicle stop on Straw Pur- to continue acquiring firearms without ap-
proaching them to inquire how they were
quires something else. It requires Con-
chaser Z’s vehicle and identified two of the gress and the executive branch to avoid
passengers as Straw Purchaser Z and Target able to obtain the funds to do so. ATF also
failed to alert the FFLs with this informa- unnecessary conflict and deceit, ac-
1. The officers observed the firearms in the
tion so that they could make more fully in- commodations that serve both of their
bed of the truck and asked the subjects
about the firearms. Straw Purchaser Z told formed decisions as to whether to continue interests.
them he had purchased the firearms and they selling to these straw purchasers. In this case, the Attorney General
belonged to him. ATF agents continued sur- CONCLUSION has testified nine times. He has pro-
veillance until the vehicle arrived at Target The wiretap affidavit reveals a remarkable vided thousands of pages of documents.
l’s residence. amount of specific information about Oper- He has provided 13 pages of deliberative
internal documents, and he is willing clined prosecutions because of failed predecessor’s watch and for a very long
to provide even more to me, the recent techniques. time we have not done a good job of
demands of Chairman ISSA. All of these were shut down during overseeing the actions of field agents
But House Republican leaders are not the Bush administration. President when it comes to guns.
honoring their constitutional obliga- Bush can take no credit for it. He But, again, we’re here today, for the
tions. In fact, they are running in the didn’t know it. As far as I know, the first time in over 200 years, to deal
wrong direction as quickly as possible. Attorney General didn’t know. And with an Attorney General who has flat-
It is fundamentally wrong to vote in anyone who saw the record of that out refused to give the information re-
favor of this resolution at this time should say: This was wrong-minded. lated to lies and a coverup exclusively
when the Attorney General has been But during this administration, during within his jurisdiction. That’s what
working with the House in good faith. the time in which the Attorney Gen- we’re voting on.
I believe this action will undermine the eral and his key lieutenants, including I urge a ‘‘yes’’ vote on the contempt
standing of the House, will cement the Lanny Breuer, were in charge, they re- on behalf of the Terry family.
opened the prosecutions from a failed I yield back the balance of my time.
Speaker’s legacy, and will be recorded
The SPEAKER pro tempore. All time
by history as a discredit to this insti- program called Wide Receiver and they
for debate on the resolution has ex-
tution. opened Fast and Furious.
pired.
With that, I yield back the balance of Now I’m the second child in a family.
MOTION TO REFER
my time. I have an older brother. I learned at a
very young age you in fact cannot, Mr. DINGELL. I have a motion at the
Mr. ISSA. I yield myself such time as
desk.
I may consume. when you do something wrong, say: My
The SPEAKER pro tempore. The
Mr. Speaker, there’s been a lot of brother Billy did it. It doesn’t work Clerk will report the motion to refer.
talk about the documents that the At- that way. You’re responsible for what The Clerk read as follows:
torney General couldn’t give us. These you do wrong, whether it happened be- Mr. Dingell of Michigan moves to refer the
documents, documents under seal, fore your watch or not. This happened resolution, H. Res. 711, to the Committee on
would be an example of documents that on the Attorney General’s watch. Oversight and Government Reform with in-
we should not see, except in camera, But that’s not why we’re here today. structions to:
and we’ve taken great care to ensure We’re here because when we asked le- (1) Hold a bipartisan public hearing with
that no one outside Members of Con- gitimate questions about Brian Terry’s testimony from Kenneth Melson, the former
murder, about Fast and Furious, we Acting Director of the Bureau of Alcohol,
gress and key staff have ever looked at
were lied to. We were lied to repeatedly Tobacco, Firearms, and Explosives during
them. Operation Fast and Furious.
But I’ve looked at them, and what I and over a 10-month period. The fact is (2) Hold a bipartisan public hearing with
know is that these documents, read by that is what we’re here for. The Amer- testimony from William Hoover, the former
any person of ordinary learning, make ican people want to know if you give Acting Deputy Director of the Bureau of Al-
it very clear that these wiretap appli- false testimony to Congress. cohol, Tobacco, Firearms, and Explosives
cations were read and signed by indi- The minority leader talked about, during Operation Fast and Furious.
viduals in the Department of Justice in Why is there such a hurry? Why was (3) Hold a bipartisan public hearing with
there a 10-month delay? I was sworn in testimony from former Attorney General Mi-
Washington. And if you read them, you
just a few days before this investiga- chael Mukasey, who, according to documents
knew they were gunwalking. People produced to the committee, was informed
will tell you differently. I give you my tion began, and now we’re nearing an
during his tenure that, although efforts to
word: You read this, you know they election. We don’t want to have this coordinate firearm interdictions with Mexi-
were letting guns go to Mexico. They during an election. We want to have can law enforcement officials in 2007 ‘‘have
knew who the buyers were, who the resolution for the Terry family. not been successful’’, the ‘‘ATF would like to
intermediaries were, who the recipients The important thing is, we know expand’’ such efforts.
were, and, most importantly, where enough to know that we have people (4) Conduct a bipartisan transcribed inter-
who have told us under penalty of view of Alice Fisher, who served as the As-
they ended up. And there are reports in
criminal prosecution—they have told sistant Attorney General for the Criminal
here, as part of the evidence given to Division of the Department of Justice from
judges in order to get wiretaps—there Congress and their employees certain
2005 to 2008, about her role in authorizing
is evidence that they knew that, in documents exist. And we’ve asked for wiretaps in Operation Wide Receiver.
fact, weapons had already ended up in those documents. And we’ve been de- (5) Conduct a bipartisan transcribed inter-
Mexico. nied them. We can’t bring Kenneth view of Kenneth Blanco, who serves as Dep-
That’s before Brian Terry was killed. Melson back in in good faith and say, uty Assistant Attorney General at the De-
That’s how Fast and Furious could Well, we’ve got to get them in front of partment of Justice and also authorized
have been stopped. That’s how people our committee, if in fact there’s docu- wiretaps in Operation Fast and Furious.
ments he says exist. And they do, and (6) Take such further actions as the com-
could have been warned. In fact, that’s mittee, with full bipartisan consultation,
at a time in which ATF agents in Mex- they will not be given to us. We want
deems appropriate to assure a thorough and
ico City, if they punched in the serial to have those so we can ask the best vigorous investigation of this matter.
number of a weapon found there, they questions.
You’ve heard earlier that in fact The SPEAKER pro tempore. Pursu-
got an erroneous, an error. They did ant to House Resolution 708, the gen-
not get meaningful information be- we’ve denied somehow due process to
the minority. My ranking member is tleman from Michigan (Mr. DINGELL)
cause that was being blocked—not by and a Member opposed each will con-
ATF, per se, but by the Department of very capable, and has asked for minor-
ity days; in other words, hearings ex- trol 5 minutes.
Justice under the auspices of the U.S. The Chair recognizes the gentleman
attorney and his bosses. clusively for him. He chose not to do it.
from Michigan.
When we were having the local ATF Mr. DINGELL. I yield myself 4 min-
b 1550 and other individuals in early on, all of utes.
Now you’re going to hear that this whom worked for this government, he (Mr. DINGELL asked and was given
began under President Bush and Attor- didn’t even ask for any. It wasn’t until permission to revise and extend his re-
ney General Mukasey. I’m going to tell we asked to have the Attorney General marks.)
you that’s just false. What happened in come in, based on these false state- Mr. DINGELL. I rise to offer this mo-
previous administrations with some of ments and final retraction, that he tion to refer so that this investigation
the same local ATF agents was they suddenly wanted a previous Attorney can focus on the real issues at hand
exercised extremely bad judgment. General, who happened to say, No, I and to get the facts.
They did things and pushed on pro- don’t want to come. So on that par- I begin by expressing my respect and
grams that I believe were poorly con- ticular day we would have had to sub- affection for the chairman of the com-
ceived and poorly manned and as a re- poena him to get him in. I have no ob- mittee, Mr. ISSA. I want to see a proper
sult they lost track of weapons repeat- jection to having the former Attorney investigation and the facts gotten
edly. That happened. And it was wrong. General in. I believe that on his watch about serious misbehavior and utter in-
The U.S. attorney at the time even de- and his predecessor’s watch and his competence at the Bureau of Alcohol,
Tobacco, and Firearms and Explosives, the American people deserve, a legiti- quested, including the former Director
called the ATF. This is a tragedy. mate inquiry based on the facts. of ATF during the time of this oper-
I have had the entirety of the motion It seems to me there’s a simple way ation, are called for a full, open public
read so that we can understand what a to resolve this dispute. First, adopt the hearing to ensure that the American
real investigation is. I didn’t roll off resolution. Then see to it that the At- people get the whole story.
the cabbage wagon yesterday, Mr. torney General produces the docu- I’m not here solely representing the
Speaker. I chaired committees for over ments that are currently at issue, and interests of the Terry family. I’m here
20 or 30 years, and I have conducted I will actively support the gentleman representing the interests of the whole
more investigations than any man in and see to it that those facts and docu- country and all of the 800,000 people
this particular body. It is clear that ments are presented. that I serve in the 15th District of
the events here were characterized by Second, the House Republicans Michigan.
dishonest, evasive, and deceitful activi- should give a good-faith commitment As I’ve said on a number of occasions
ties on the part of ATF personnel. to work towards resolving the con- in the last year, Congress has two
I want to find out what has happened. tempt fight. If the documents in fact choices in their decisionmaking: we
This is not the first time I’ve crossed are consistent with the Attorney Gen- can work together and get something
swords with ATF and this is not the eral’s testimony that he never author- done, or we can play political football.
first time I have found them engaged in ized or approved or knew about I choose to get something done, which
shameful, illegal, and improper behav- gunwalking, then I think we should is why I have offered a resolution. And
ior. In one instance, I caught them consider the matter of contempt re- if you have listened to what I had read
raiding the home of an individual. solved. by the Clerk, you will observe that it
They shot him in the brain and they The SPEAKER pro tempore. The says we want a full, thorough, bipar-
pitched his wife, in her underpants, out time of the gentleman has expired. tisan investigation. That’s the way the
into the hall. Mr. DINGELL. I reserve the balance matter should be done. And Members
Operation Fast and Furious was a of my time. on this side will support the findings of
highly irresponsible operation that Mr. ISSA. Mr. Speaker, I claim time that investigation if the chairman of
never should have occurred. People on in opposition. that committee will permit this kind
both sides of this aisle agree to that. The SPEAKER pro tempore. The gen- of undertaking to be begun.
The American people want the answers tleman from California is recognized I would observe this very interesting
and they deserve to have a proper, for 5 minutes. fact. The contempt resolution is going
thorough, and bipartisan investigation Mr. ISSA. Mr. Speaker, I yield myself to give the same instructions to the
that gets them the truth. My con- 1 minute. same fellow who is under contempt. He
stituent Brian Terry wants the truth I respect the gentleman from Michi- will simply put it in his pocket, and we
from the grave, and his families asks gan, the dean of the House, but you’re will find that this body has been weak-
that we get the truth. With God as my just wrong. There were plenty of oppor- ened in its dealings with the executive
judge, they deserve it, and they shall tunities for the minority to ask for branch.
witnesses. They chose not to except at I yield back the balance of my time.
have it if I can get it for them. Mr. ISSA. Mr. Speaker, I now yield
I have shared scores of investigations one hearing, and then they wanted the
former Attorney General. They did not all remaining time to the gentleman
and hearings over 50 years on wrong- from South Carolina (Mr. GOWDY), an
doing which have collected hundreds of avail themselves of the procedures al-
lowing them to have a hearing even experienced prosecutor, to close.
millions of dollars wrongfully taken The SPEAKER pro tempore. The gen-
from our people and have caught more though they know how to do it and
have done it. tleman from South Carolina is recog-
than a few serious wrongdoers, who nized for 4 minutes.
have paid proper penalties for their But more importantly, when you say
you represent Brian Terry, you do not. Mr. GOWDY. Mr. Speaker, I thank
wrongdoing. the chairman.
These investigations were always bi- The Terry family issued this state-
This is a sad day, Mr. Speaker, for
partisan, with both sides of the aisle ment, referring to Congressman DIN-
those of us who respect the rule of law
GELL:
actively participating and fully in- as the foundation of this Republic, for
formed. The actions of the committee His views don’t represent those of the
those of us who proudly worked for the
Terry family. Nor does he speak to the Terry
were unanimously conducted and sup- Department of Justice, for those of us
family. And he has never spoken to the
ported by Members on both sides of the Terry family. who believe the same rules apply to ev-
aisle. What we see before us does not eryone regardless of whether they live
Secondly:
follow that model, and it brings no re- simple lives of peace and quiet or
His office sent us a condolence letter when
spect to this body. As someone who whether they live and work in the tow-
Brian was buried 18 months ago. That’s the
holds the institution here in the high- last time we heard from him. ers of power, prestige, and authority.
est regard, I find this to be most trou- The same rules apply to everyone. It is
Third:
bling. the greatness of this country, Mr.
A year ago, after the Oversight and Gov-
Instead of going after the real an- Speaker. It is the greatness, the ele-
ernment Reform Committee began its work,
swers and getting the facts about what one of Brian’s sisters called Representative gance, the simplicity of a woman who
happened at ATF, the majority of the DINGELL’s office seeking help and answers. is blindfolded holding nothing but a set
committee has engaged in what ap- No one from his office called back. of scales and a sword.
pears to be a partisan political witch Lastly: The chief law enforcement official for
hunt, with the Attorney General as its this country is on the eve of being held
If Rep. Dingell truly wants to support the
target. Over the 16-month investiga- Terry family and honor Brian Terry, a son of in contempt of Congress because he re-
tion, Democrats were not permitted to Michigan, he and other Members of Congress fuses to follow the law. He refuses to
call a single witness to testify. So will call for the Attorney General to imme- allow Congress to find the truth, the
much for bipartisanship. The American diately provide the documents requested by whole truth. For those of you who want
people deserve better than this, Mr. the House Oversight and Government Re- a negotiation, a compromise, an ex-
Speaker. They deserve a legitimate inform Committee. traordinary accommodation, to use the
quiry based on facts which all Members I reserve the balance of my time. Attorney General’s words, for those of
of this body can support. Mr. DINGELL. I yield myself the bal- you who want to plea bargain, my
ance of my time. question to you is simply this: Will you
b 1600 Well, I was aware of this. I have com- settle for 75 percent of the truth? Is 50
This is not a Second Amendment municated with the family my sorrow percent of the truth enough for you? Is
question. I have defended the Second at their loss, and my office is setting a third? Or do you want it all? Because
Amendment more than any Member of up a meeting with the Terry family as if you want all the truth, then you
this body, and I am a past member of soon as I can get back to Michigan. want all the documents.
the board of directors of NRA and a life My motion here would ensure that If you’ve ever sat down, Mr. Speaker,
member of that body. We deserve, and the witnesses the minority has re- with the parents who have lost a child
who has been murdered—and some of the public to get to the bottom of what hap- than to withhold information and attempt to
my colleagues on both sides of the aisle pened. thwart the investigation.
have been there—it is a humbling, emo- Mr. YOUNG of Alaska. Mr. Speaker, I’ve The power of Congress to investigate and
tional, life-altering experience. All been very disturbed to hear today that it’s in- conduct oversight of federal agencies has
they want is the truth. They want an- appropriate for the National Rifle Association been well established throughout our history.
swers. They want justice, and they to take a position on this resolution. The late claim of Executive Privilege made
don’t want part of it. They want all of It should be clear to everyone that as a here, on the other hand, is not consistent with
it. And I will not compromise, Mr. long-time NRA board member, I take a back precedent or previous court rulings. One can
Speaker, when it comes to finding the seat to no one on Second Amendment issues. only conclude that the Attorney General, per-
truth. On this resolution, I can tell you that it is en- haps on the instruction of the President, is try-
Congress is right to pursue this no tirely appropriate for the NRA to take a posi- ing to prevent Congress and the American
matter where it takes us. No matter tion. people from learning the truth.
which administration was in power and We are here today because Congress has Mr. HOLT. Mr. Speaker, the resolution be-
no matter what the facts are, we are a duty to hold our government accountable. fore us today is an illegitimate, politically moti-
right to pursue this. And we are wrong We have a duty to ensure those in charge vated smear campaign.
if we settle for anything less than all protect the public and the Constitution. Con- Never in the history of the House has a U.S.
the facts. gress was misled when Administration officials Attorney General been held in contempt. What
To my colleagues who are voting initially briefed the appropriate Congressional makes this resolution particularly outrageous
‘‘no,’’ Mr. Speaker, let me ask this: committees. The U.S. Attorney General’s of- is that there is absolutely no basis for it.
Can you tell me, can you tell the fice denied knowledge of a gun walking oper- The Attorney General has testified repeat-
American people why the Department ation after whistleblowers reported troubling al- edly about Operation Fast & Furious. The Jus-
of Justice approved this lethal, fatally legations. However, they later admitted certain tice Department has turned over thousands of
flawed operation? officials with the Attorney General’s office did pages of relevant records about this incident.
To those of you who are voting ‘‘no,’’ have knowledge at the time Congress initially None of that matters to the majority. Neither
can you tell the American people how reviewed allegations of gun walking. does the fact that these kinds of operations
the tactic of gunwalking was sanc- I am deeply troubled by reports the ATF were undertaken by the Bush administration.
tioned? forced law abiding gun dealers to do some- And the majority does not want the public to
To those of you who are voting ‘‘no,’’ thing they knew was wrong—to sell guns to in- know that not a single witness was allowed to
can you tell Brian Terry’s family and dividuals they normally would not sell to. The testify before the House Oversight & Govern-
friends how a demonstrably false letter Administration designed this outrageous pro- ment Reform Committee about past ‘‘gun
was written on Department of Justice gram to reportedly reduce gun violence along walking’’ episodes in the Bush administration.
letterhead on February 4, and where our SW border. And an innocent American That’s why this resolution and the Oversight
would we be if we accepted that letter Border Patrol agent paid the ultimate price for Committee’s ‘‘hearings’’ into Fast & Furious
are not about ‘‘gun walking’’—they are about
at face value? A letter written on De- this ill-conceived plan.
There are those who believe that there were election year politics.
partment of Justice letterhead, that is
Rather than dealing with the substantive
not just another political Cabinet ulterior motives at play. We already know
issue of illegal guns and how to reduce violent
agency. It is emblematic of what we about at least three e-mails from ATF officials
gun-related crime, today we have a political
stand for as a country—truth, justice, discussing how they could use information
stunt that does nothing to solve the problem
the equal application of law to every- from ‘‘Fast and Furious’’ to make the case for
that cost the life of a federal agent. Mr. Speak-
one. That letter was written on Amer- a new gun control proposal—the Obama ad- er, the public see this for what it is: a politi-
ica’s stationery. That is what the De- ministration’s proposal to impose a new—and, cally motivated legislative lynching—and those
partment of Justice is, and it was dead I believe, illegal—reporting requirement on who support this illegitimate resolution will
wrong. And where would we be if we dealers who sell multiple long guns to individ- have to answer for it to the voters.
took their word for it? uals in the southwest border states. The ad- Ms. RICHARDSON. Mr. Speaker, I rise in
Our fellow citizens have a right to ministration has defended that rule in court, strong and unyielding opposition to resolution
know the truth, and we have an obliga- and by their logic there’s no reason it couldn’t recommending that the House find Attorney
tion to fight for it, Mr. Speaker, the be expanded to all guns in all states. General Eric Holder in contempt of Congress.
politics be damned. We have a right to That would be a system of national gun reg- This unprecedented resolution, which was
fight for it. istration. And that makes this a Second passed out of committee on a party-line vote,
I wish the Attorney General would Amendment issue. is nothing more than an attempt by the major-
give us the documents. I would rather We as elected lawmakers must have all rel- ity Republican leadership to divert attention
have the documents than have this evant facts to hold whoever approved Oper- from its failure to address the real challenges
vote on contempt of Congress. But we ation Fast and the Furious accountable. I facing our country.
cannot force him to do the right thing, stand with my colleagues here today who be- The hard working and hard pressed people
and that does not relieve us of the relieve that the Oversight Committee has been of the 37th Congressional District of California
sponsibility for us to do the right denied all relevant evidence on who approved did not send me here to waste precious floor
thing. Even if the heavens may fall, this terrible operation. The Oversight Commit- time debating this frivolous and partisan reso-
Mr. Speaker, I want the truth. I want tee’s investigation has been thorough. The lution. They want us to work together to create
all of it. We should never settle for less committee has followed the evidence in pur- jobs for the unemployed, make education af-
than all of it, and we have to start suit of the truth, not in pursuit of a political fordable, health care available, and protect the
today. agenda. What brings us here today is the fact social safety net of Medicare, Social Security,
Mr. BRALEY of Iowa. Mr. Speaker, I op- that this effort has been stonewalled by this Medicaid, and assistance programs to vulner-
posed the contempt of Congress resolution Justice Department and this White House. The able families.
today because I don’t want political games or American people deserve to know the truth. I oppose the resolution before us for several
partisan politics to stand in the way of a seri- The family of Border Patrol agent Brian Terry reasons:
ous effort to find the truth. deserves to know the truth. Members of Con- 1. The resolution relates to a document re-
The best place to resolve this dispute isn’t gress deserve to know the truth. Today’s vote quest involving allegations of ‘‘gunwalkng’’ in
on the floor of the House in an election year, will bring us one step closer to learning the an ATF operation known as ‘‘Operation Fast
but in a federal court where both sides can truth. and Furious,’’ but the documents now involved
present their cases and the debate won’t turn Mr. THORNBERRY. Mr. Speaker, it is unfor- are completely unrelated to how ‘‘gunwalking’’
into a political circus. tunate that the House must vote on whether to was utilized in the operation.
I’ve been disappointed by the failure of both hold the Attorney General in contempt for re- 2. Over the past year, the Justice Depart-
House Republicans and the Justice Depart- fusing to produce documents in his Depart- ment provided thousands of pages of respon-
ment to find a practical way to get the Amer- ment. The underlying facts are disturbing and sive documents to the Oversight and Govern-
ican people the full details of this tragedy with- tragic, leading to the death of a Border Patrol ment Reform Committee and has made doz-
out compromising existing court orders and officer and several hundred people in Mexico. ens of officials available for interviews and
other national security concerns. An American The Attorney General should work with Con- hearings, and the Attorney General has testi-
was murdered and we owe it to his family and gress to understand what went wrong rather fied before Congress nine times on this topic.
3. The Committee’s investigation identified 16 month so-called investigation. This has A contempt citation should be an act of last
no evidence that the Attorney General or sen- been a credible process. resort, after lengthy preliminary procedures,
ior Department officials were aware of As soon as Attorney General Holder learned negotiations, gathering of evidence through
gunwalking in Fast and Furious. To the con- about ‘‘gun walking’’, he immediately halted it other methods, appeals to potential
trary, as soon as the Attorney General be- and ordered an IG investigation. intercessors and intermediaries.
came aware of the tactic, he put a halt to it, In closing Mr. Speaker, I think the worst part Contempt Citations have been extraor-
ordered an IG investigation, and instituted in- is that the tragic death of a U.S. Border Patrol dinarily rare which is evidenced by the fact
ternal reform measures. agent is being politicized and used as a way that the House has declared just four people
4. The House of Representatives has never to score cheap political points. This is espe- in contempt over the last three decades. For
held an Attorney General in contempt. The cially disappointing to me. As a former Border these reasons and more we request that you
only precedent cited in the Issa contempt res- Patrol Agent and Sector Chief with 261⁄2 years elect not to bring the Contempt Citation to the
olution is a committee contempt vote that took of law enforcement experience on the U.S.- Floor this Thursday.
place in the 1990’s against former Attorney Mexico Border, I expect that this body show Mr. Speaker, I delivered a letter to you that
General Janet Reno. That action was so wide- more respect and more focus. was signed by 65 Members of this body stat-
ly discredited that Speaker Gingrich chose not Instead of using this tragedy as a political ing the same, that this destructive piece of
to bring it to the floor for a vote. ploy, this body needs to see this as a learning legislation should not be brought to the Floor
5. During this investigation, the Committee opportunity and a wake-up call. We must take today. It appears that this is nothing more than
refused every Democratic request for a hear- action and provide ATF with the needed re- destructive election-year politics pure and sim-
ing witness, including the head of ATF—the sources and tools it needs to tackle the issue ple. It is Republicans following through on
agency that actually ran the operation. This is of gun trafficking. I hope that this Congress is their threats to use their authority to try to
not the way to conduct an oversight investiga- able to move on to enact the critical reforms damage this Administration, politically, and this
tion unless you are interested in partisan polit- needed to more effectively combat this Attorney General, specifically, who has placed
ical ploys instead of learning the facts. threat—-and I will gladly work with my col- an emphasis on enforcing civil rights, voting
Mr. Speaker, I must say that am offended leagues on both sides of the aisle on that par- rights and defending our justice system and
that Attorney General Holder, a man of unim- ticular effort. the rule of law.
Ms. JACKSON LEE of Texas. Mr. Speaker,
peachable integrity and one who has served This kind of divisive politics hurts Americans
I rise today to oppose H. Res 708, ‘‘Resolution
this nation with distinction for many years, has who want their leaders focused on fixing real
recommending that the House of Representa-
been subjected to such demeaning treatment problems they face every day and hurts law
tives find Eric H. Holder, Jr., Attorney General,
by some in the majority. Even though Attorney enforcement agents who are putting their lives
U.S. Department of Justice, in contempt of
General Holder has been forthright and forth- at risk in ongoing investigations that could be
Congress for refusal to comply with a sub-
coming, some in this body accuse him of a compromised by the Committee’s political fish-
poena duly issued by the Committee on Over-
cover-up or claim he has been obstructive. He ing expedition.
sight and Government Reform.’’
has even been called a ‘‘liar’’ on national tele- Holding a sitting Attorney General in con- Congress has the answers to its questions
vision. These unfounded charges are beyond tempt would be unprecedented. In our Na- about who designed this flawed operation and
the pale and reflect more on those who have tion’s history the House of Representatives who authorized it—they just don’t like it so
uttered them that they do our Attorney Gen- has never held a sitting Attorney General in they have ignored the evidence they received
eral, the honorable Eric Holder. contempt of Congress. last year which shows this was a tactic that
I oppose this politically inspired resolution In 1998, the then Chair of the House Over- was designed and employed in the field and it
and urge my colleagues to join me. sight Committee led a vote to hold then Attor- dates back to the previous Administration.
Mr. REYES. Mr. Speaker, I rise today to ex- ney General Janet Reno in contempt of Con- This Attorney General is the one who put a
press my opposition to the majority’s decision gress. stop to the tactic, called for an independent in-
to force a contempt vote on the floor. I want Attorney General Reno was also accused of vestigation and instituted reforms and per-
to mention the following points for the record. withholding documents; however, the then sonnel changes to ensure it doesn’t happen
There is no evidence that the attorney gen- Speaker of the House Newt Gingrich elected again.
eral authorized, condones, or knew about not to bring the Contempt Citation to the Floor. The Department has made extraordinary ef-
‘‘gun walking.’’ Chairman DARRELL ISSA admit- Attorney General Reno and House leadership forts to accommodate Congress by turning
ted this yesterday before the Rules Com- were able to resolve their difference without over almost 8,000 documents—including all
mittee. holding our Nation’s highest law enforcement the documents that relate to the tactics in this
There is no evidence that the attorney gen- officer in contempt. Today’s conflict can also flawed investigation and the other flawed in-
eral lied to Congress or engaged in a cover- be resolved without holding Attorney General vestigations that occurred in Arizona in the
up. Chairman ISSA also admitted this yester- Holder in contempt. previous administration.
day. I firmly believe and I am joined by at least The Department has even turned over inter-
There is no evidence that the White House 65 other colleagues who believe that the Attor- nal deliberative material to answer the Com-
had anything to do with ‘‘gun walking’’ oper- ney General is acting in good faith based mittee’s questions and the AG offered to pro-
ations. Chairman ISSA admitted this on Fox upon his actions over the course of the past vide additional deliberative documentation to
News on Sunday. 15 months. resolve the subpoena, but the Committee re-
Democrats wanted a real investigation, but The Attorney General has testified before jected that offer.
Chairman ISSA refused TEN different requests Congress no less than nine times in the last The documents at issue now are after-the-
from Democrats for a hearing with Ken 15 months and has made himself available for fact—they have nothing to do with the flawed
Melson, the former Director of ATF—the agen- meetings with Members of Congress. Further, tactics in any of the investigations dating back
cy in charge. the Department of Justice has cooperated with to the Bush Administration or who designed,
Chairman ISSA said this yesterday about Congressional inquiries into this matter and is approved or employed them.
‘‘gun walking’’ operations under the Bush Ad- willing to continue to engage in discussions The resolution relates to a document re-
ministration: ‘‘They were all flops. They were with Congressional leadership and others. quest involving allegations of ‘‘gunwalking’’ in
all failures.’’ Yet, he has refused all Demo- As of today, the Attorney General has pro- an ATF operation known as ‘‘Operation Fast
cratic requests to interview Bush Administra- duced more than 7,600 pages of documents and Furious,’’ which came to light when two
tion officials about their rules. as part of 47 separate productions, including weapons involved in the operation were recov-
Despite finding no evidence that Attorney sensitive law enforcement materials related to ered at the murder scene of Border Patrol
General Holder knew about ‘‘gun walking’’, the the pending prosecution of the defendants in Agent Brian Terry.
Committee has obtained documentary evi- the underlying Fast and Furious case. However, the documents now at issue are
dence showing that former Attorney General Attorney General Holder has consistently completely unrelated to how ‘‘gunwalking’’
Mukasey was personally briefed on botched expressed his willingness to find a resolution there is a question about whether gun-waling
interdiction efforts during the Bush Administra- to the issues surrounding the narrow list of existed was utilized in the operation. Over the
tion and he was told that they would be ex- documents for which he is being cited. past year, the Justice Department has pro-
panded during his tenure. Chairman ISSA has Holding the Nation’s top law-enforcement of- vided thousands of pages of documents to the
refused to call on Mukasey for a hearing. ficer in contempt of Congress would be a Oversight and Government Reform Committee
Republicans have not granted a single drastic, disproportionate action on the part of and has made dozens of officials available for
Democratic witness request during the entire this body. interviews and hearings, and the Attorney
General has testified before Congress nine the majority party. The only reason this un- The question was taken; and the
times on this topic. The evidence dem- precedented attack is taking place on the Speaker pro tempore announced that
onstrated that Fast and Furious was in fact the House floor today, against our country’s first the noes appeared to have it.
fourth in a series of gunwalking operations run African American Attorney General, is be- Mr. DINGELL. Mr. Speaker, on that I
out of the ATF field division in Phoenix over a cause the Tea Party Republican majority is demand the yeas and nays.
span of five years beginning in 2006 during pandering to birthers, NRA members and The yeas and nays were ordered.
the Bush Administration. other extremist obsessed with defeating Presi- The SPEAKER pro tempore. Pursu-
The investigation identified no evidence that dent Obama. ant to clause 9 of rule XX and House
the Attorney General or senior Department of- Attorney General Eric Holder has my full Resolution 708, this 15-minute vote on
ficials were aware of gunwalking in Fast and support and I reject this transparent political the motion to refer will be followed by
Furious. To the contrary, as soon as the Attor- abuse of power. 5-minute votes on a motion to recom-
ney General became aware of the tactic, he I am strongly opposed to the House Repub- mit, if offered; adoption of the resolu-
put a halt to it, ordered an IG investigation, lican resolution to hold Attorney General Eric tion, if ordered; motion to suspend on
and instituted internal reform measures. Holder in contempt of Congress for failing to H.R. 1447, if ordered; and motion to sus-
The House of Representatives has never turn over documents pertaining to sensitive pend on H.R. 3173, if ordered.
held an Attorney General in contempt. The and on-going law enforcement activities to the The vote was taken by electronic de-
only precedent cited in the Issa contempt res- House Oversight and Government Reform vice, and there were—yeas 172, nays
olution is a committee contempt vote that took Committee. 251, not voting 9, as follows:
place in the 1990’s held by then-Chairman The committee request is for documents re- [Roll No. 440]
Dan Burton against former Attorney General lated to Operation Fast and Furious, con- YEAS—172
Janet Reno. That action became so widely ducted by the Bureau of Alcohol, Tobacco,
Ackerman Frank (MA) Olver
discredited that Speaker Gingrich chose not to Firearms, and Explosives (ATF), which al- Andrews Fudge Pallone
bring it to the Floor for a vote. lowed the straw purchase of firearms in pur- Baca Garamendi Pascrell
The current contempt debate no longer fo- suit of prosecutions of gun smugglers. Two of Baldwin Gonzalez Pastor (AZ)
Barber Green, Al Pelosi
cuses on any documents relating to how the illegally purchased AK–47 assault weap- Bass (CA) Green, Gene Perlmutter
gunwalking was initiated and utilized in Oper- ons were found at the scene of a gun battle Becerra Grijalva Peters
ation Fast and Furious. Since Republicans that resulted in the killing of U.S. Border Patrol Berkley Gutierrez Pingree (ME)
could identify no wrongdoing by the Attorney agent Brian Terry on December 15, 2010. In Berman Hahn Polis
Bishop (GA) Hanabusa Price (NC)
General, the Committee shifted just last week his effort to cooperate with Chairman DARRELL Bishop (NY) Hastings (FL)
Quigley
to focus exclusively on a single letter sent by ISSA, Attorney General Holder has provided Blumenauer Heinrich
Rangel
the Department’s Office of Legislative Affairs the Oversight Committee with more than 7,600 Bonamici Higgins
Reyes
Boswell Himes
to Senator CHARLES GRASSLEY on February 4, pages of documents and participated in nine Brady (PA) Hinchey
Richardson
2011, initially denying allegations of congressional hearings. Braley (IA) Hinojosa Richmond
gunwalking. The Department has already ac- In 2006, under the Bush Administration, the Brown (FL) Hirono Rothman (NJ)
Butterfield Holden Roybal-Allard
knowledged that its letter was inaccurate, has ATF’s Arizona office used the tactic of ‘‘gun Ruppersberger
Capps Holt
withdrawn the letter, and has provided the walking’’ to allow guns to remain on the street Capuano Honda Rush
Committee with more than 1,300 pages of after a potentially illegal sale to build a bigger Carnahan Hoyer Sánchez, Linda
documents relating to how it was drafted. case rather than interdicting them immediately. Carney Israel T.
Carson (IN) Jackson Lee Sanchez, Loretta
These documents show that Department President Bush’s attorney general, Michael Sarbanes
Castor (FL) (TX)
staffers who drafted the letter did not inten- Mukasey, received a briefing paper on No- Chu Johnson (GA) Schakowsky
tionally mislead Congress, but instead relied vember 16, 2007 on ATF cooperation with Cicilline Kaptur Schiff
on inaccurate assurances from ATF leaders Mexico on ‘‘controlled deliveries’’ of weapons Clarke (MI) Keating Schrader
Clarke (NY) Kildee Schwartz
and officials in Arizona who ran the operation. smuggling. The House Oversight Committee Clay Kind Scott (VA)
Despite these good faith efforts, House Re- has failed to call any Bush Administration offi- Cleaver Kucinich Scott, David
publicans chose to move forward with a con- cials to testify on this matter. Clyburn Langevin Serrano
tempt resolution anyway. This week, in Politico, a senior Republican Cohen Larsen (WA) Sewell
Connolly (VA) Larson (CT) Sherman
Moving the goalposts again, the Committee House aide is quoted as saying, ‘‘The con- Conyers Lee (CA) Shuler
is now demanding additional internal delibera- tempt of Holder is a dog whistle to the right- Cooper Levin Sires
tive documents created even after the Grass- wing tea party community, saying that we are Costa Lewis (GA) Slaughter
Costello Lipinski
ley letter was sent. The Attorney General of- representing them . . . this is a way to say Courtney Loebsack
Smith (WA)
fered to provide them last week in exchange we’re going after this administration, holding Speier
Critz Lofgren, Zoe
Stark
for a good faith commitment to move toward them accountable.’’ Crowley Lowey
Sutton
resolution of the contempt fight, but Chairman Further proof of the blatantly political nature Cuellar Luján
Thompson (CA)
Cummings Lynch
Issa flatly refused. When it became clear that of the Holder contempt vote is the decision by Davis (CA) Maloney Thompson (MS)
contempt was inevitable, the Administration the National Rifle Association (NRA) to Davis (IL) Markey Tierney
DeFazio Matsui Tonko
asserted executive privilege over this narrow ‘‘score’’ the vote as part of their legislative re- Towns
DeGette McCarthy (NY)
category of deliberative Department docu- port card to their membership. The NRA has DeLauro McCollum Tsongas
ments, while indicating at the same time that long championed allowing the proliferation of Deutch McDermott Van Hollen
it remains willing to continue negotiations. assault weapons previously banned on Amer- Dicks McGovern Velázquez
Dingell McNerney Visclosky
The Issa contempt resolution is nothing ican streets and sold over the counter, like the Wasserman
Doggett Meeks
more than a politically motivated, election-year AK–47s found at Agent Terry’s murder scene. Doyle Michaud Schultz
ploy. During this investigation, the Committee This entire episode is a stain on the reputa- Edwards Miller (NC) Waters
refused every Democratic request for a hear- tion of this Republican led House of Rep- Ellison Miller, George Watt
Engel Moore Waxman
ing witness, including the head of ATF—the resentatives. It is appalling to know that the Welch
Eshoo Moran
agency that actually ran the operation. politics of personal destruction is the top policy Farr Murphy (CT) Wilson (FL)
Chairman ISSA has acknowledged that ‘‘we priority of this Tea Party controlled House. Fattah Nadler Woolsey
do go down blind alleys regularly’’ and has Again, I want to state my strong support for Filner Neal Yarmuth
made numerous unfounded claims, including Attorney General Holder and the Obama Ad- NAYS—251
accusing the FBI agents of concealing a ‘‘third ministration’s efforts to cooperate with this on- Adams Bartlett Boren
gun’’ from the scene of Agent Terry’s mur- going congressional investigation. Aderholt Barton (TX) Boustany
der—a claim that the FBI quickly dem- The SPEAKER pro tempore. All time Akin Bass (NH) Brady (TX)
Alexander Benishek Brooks
onstrated to be completely unfounded. for debate on the motion to refer has Altmire Berg Broun (GA)
Ms. MCCOLLUM. Mr. Speaker, today the expired. Amash Biggert Buchanan
House is voting on a Republican-Tea Party Pursuant to House Resolution 708, Amodei Bilbray Bucshon
witch hunt intended to destroy an honorable the previous question is ordered on the Austria Bilirakis Buerkle
Bachmann Black Burgess
man’s character. This resolution of contempt motion to refer. Bachus Blackburn Burton (IN)
targeting Attorney General Eric Holder is a The question is on the motion to Barletta Bonner Calvert
shameful and shameless abuse of power by refer. Barrow Bono Mack Camp
Campbell Huizenga (MI) Pompeo The question was taken; and the Thornberry Walsh (IL) Wolf
Canseco Hultgren Posey Tiberi Walz (MN) Womack
Cantor Hunter Price (GA)
Speaker pro tempore announced that Tipton Webster Woodall
Capito Hurt Quayle the ayes appeared to have it. Turner (NY) West Yoder
Carter Issa Rahall Turner (OH) Westmoreland Young (AK)
RECORDED VOTE
Cassidy Jenkins Reed Upton Whitfield Young (FL)
Chabot Johnson (IL) Rehberg Mr. GRIMM. Mr. Speaker, I demand a Walberg Wilson (SC) Young (IN)
Chaffetz Johnson (OH) Reichert Walden Wittman
Chandler Johnson, Sam
recorded vote.
Renacci
Coble Jones Ribble A recorded vote was ordered. NOES—67
Coffman (CO) Jordan Rigell The SPEAKER pro tempore. This is a
Cole Kelly Baldwin Green, Gene Perlmutter
Rivera 5-minute vote.
Conaway King (IA) Barber Heinrich Quigley
Roby Berkley Higgins
Cravaack King (NY) The vote was taken by electronic de- Rigell
Roe (TN) Berman Himes
Crawford Kingston Rothman (NJ)
Crenshaw Kinzinger (IL)
Rogers (AL) vice, and there were—ayes 255, noes 67, Bishop (NY) Hirono Ryan (OH)
Rogers (KY) answered ‘‘present’’ 1, not voting 109, Blumenauer Holden
Culberson Kissell Sanchez, Loretta
Rogers (MI) Bonamici Holt
Davis (KY) Kline
Rohrabacher as follows: Schrader
Denham Labrador Braley (IA) Langevin Schwartz
Rokita [Roll No. 441] Capps Larsen (WA)
Dent Lamborn Sherman
Rooney Cohen LaTourette
DesJarlais Lance AYES—255 Shuler
Diaz-Balart Landry Ros-Lehtinen Connolly (VA) Loebsack
Roskam Adams Foxx McIntyre Cooper Lofgren, Zoe Slaughter
Dold Lankford Smith (WA)
Donnelly (IN) Latham Ross (AR) Aderholt Franks (AZ) McKeon Costello Luján
Ross (FL) Akin Frelinghuysen McKinley Courtney Lynch Speier
Dreier LaTourette
Royce Alexander Gallegly McMorris Cuellar McDermott Sutton
Duffy Latta
Runyan Altmire Gardner Rodgers DeFazio McNerney Thompson (CA)
Duncan (SC) LoBiondo
Ryan (WI) Amash Garrett Meehan DeLauro Michaud Tierney
Duncan (TN) Long
Ellmers Lucas Scalise Amodei Gerlach Mica Deutch Miller (NC) Tsongas
Emerson Luetkemeyer Schilling Austria Gibbs Miller (FL) Dicks Miller, George Visclosky
Farenthold Lummis Schmidt Bachmann Gibson Miller (MI) Dingell Moran Wasserman
Fincher Lungren, Daniel Schock Bachus Gingrey (GA) Miller, Gary Doggett Murphy (CT) Schultz
Fitzpatrick E. Schweikert Barletta Gohmert Mulvaney Eshoo Nadler Waxman
Flake Mack Scott (SC) Barrow Goodlatte Murphy (PA) Farr Pastor (AZ) Welch
Fleischmann Manzullo Scott, Austin Bartlett Gosar Myrick
Fleming Marchant Sensenbrenner Barton (TX) Gowdy Neugebauer ANSWERED ‘‘PRESENT’’—1
Flores Marino Sessions Bass (NH) Granger Noem
Benishek Graves (GA) Nugent Lipinski
Forbes Matheson Shimkus
Fortenberry McCarthy (CA) Shuster Berg Graves (MO) Nunes
Foxx McCaul Simpson Biggert Griffin (AR) Nunnelee NOT VOTING—109
Franks (AZ) McClintock Smith (NE) Bilbray Griffith (VA) Olson
Ackerman Garamendi Neal
Frelinghuysen McCotter Bilirakis Grimm Owens
Smith (NJ) Andrews Gonzalez Olver
Gallegly McHenry Bishop (UT) Guinta Palazzo
Smith (TX) Baca Green, Al Pallone
Gardner McIntyre Black Guthrie Paul
Southerland Bass (CA) Grijalva Pascrell
Garrett McKeon Blackburn Hall Paulsen
Stearns Becerra Gutierrez Pelosi
Gerlach McKinley Bonner Hanna Pearce
Stivers Bishop (GA) Hahn Peters
Gibbs McMorris Bono Mack Harper Pence
Sullivan Brady (PA) Hanabusa Pingree (ME)
Gibson Rodgers Boren Harris Peterson
Terry Brown (FL) Hastings (FL) Polis
Gingrey (GA) Meehan Boswell Hartzler Petri
Thompson (PA) Butterfield Hinchey Price (NC)
Gohmert Mica Boustany Hastings (WA) Pitts
Thornberry Capuano Hinojosa Rangel
Goodlatte Miller (FL) Brady (TX) Hayworth Platts
Tiberi Cardoza Honda Reyes
Gosar Miller (MI) Brooks Heck Poe (TX)
Tipton Carnahan Hoyer Richardson
Gowdy Miller, Gary Broun (GA) Hensarling Pompeo
Turner (NY) Carney Israel Richmond
Granger Mulvaney Buchanan Herger Posey
Turner (OH) Carson (IN) Jackson (IL) Roybal-Allard
Graves (GA) Murphy (PA) Bucshon Herrera Beutler Price (GA)
Upton Castor (FL) Jackson Lee Ruppersberger
Graves (MO) Myrick Buerkle Hochul Quayle
Walberg Chu (TX) Rush
Griffin (AR) Neugebauer Burgess Huelskamp Rahall
Walden Cicilline Johnson (GA) Sánchez, Linda
Griffith (VA) Noem Burton (IN) Huizenga (MI) Reed
Walsh (IL) Clarke (MI) Johnson, E. B. T.
Grimm Nugent Calvert Hultgren Rehberg
Walz (MN) Clarke (NY) Kaptur Sarbanes
Guinta Nunes Camp Hunter Reichert
Webster Clay Keating Schakowsky
Guthrie Nunnelee Campbell Hurt Renacci
West Cleaver Kildee Schiff
Hall Olson Canseco Issa Ribble
Clyburn Kucinich Scott (VA)
Hanna Owens Westmoreland Cantor Jenkins Rivera
Conyers Larson (CT) Scott, David
Harper Palazzo Whitfield Capito Johnson (IL) Roby
Costa Lee (CA) Serrano
Harris Paul Wilson (SC) Carter Johnson (OH) Roe (TN)
Crowley Levin Sewell
Hartzler Paulsen Wittman Cassidy Johnson, Sam Rogers (AL)
Cummings Lewis (CA) Sires
Hastings (WA) Pearce Wolf Chabot Jones Rogers (KY)
Davis (CA) Lewis (GA) Stark
Heck Pence Womack Chaffetz Jordan Rogers (MI)
Davis (IL) Lowey Thompson (MS)
Hensarling Peterson Woodall Chandler Kelly Rohrabacher
DeGette Maloney Tonko
Herger Petri Yoder Coble Kind Rokita
Doyle Markey Towns
Herrera Beutler Pitts Young (AK) Coffman (CO) King (IA) Rooney
Edwards Matsui Van Hollen
Hochul Platts Young (FL) Cole King (NY) Ros-Lehtinen
Ellison McCarthy (NY) Velázquez
Huelskamp Poe (TX) Young (IN) Conaway Kingston Roskam
Engel McCollum Waters
Cravaack Kinzinger (IL) Ross (AR)
Fattah McGovern Watt
NOT VOTING—9 Crawford Kissell Ross (FL)
Filner Meeks Wilson (FL)
Crenshaw Kline Royce
Bishop (UT) Jackson (IL) Napolitano Frank (MA) Moore Woolsey
Critz Labrador Runyan
Cardoza Johnson, E. B. Ryan (OH) Fudge Napolitano Yarmuth
Culberson Lamborn Ryan (WI)
Hayworth Lewis (CA) Stutzman
Davis (KY) Lance Scalise
Denham Landry Schilling ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE
b 1630 Dent Lankford Schmidt
DesJarlais Latham Schock The SPEAKER pro tempore (during
Messrs. THOMPSON of Pennsylvania, Diaz-Balart Latta Schweikert the vote). There are 2 minutes remain-
WALDEN, Ms. JENKINS, Mrs. ROBY, Dold LoBiondo Scott (SC)
Messrs. MURPHY of Pennsylvania, Donnelly (IN) Long Scott, Austin ing.
Dreier Lucas Sensenbrenner
SCALISE, KINGSTON, and HALL Duffy Luetkemeyer Sessions
changed their vote from ‘‘yea’’ to Duncan (SC) Lummis Shimkus b 1639
‘‘nay.’’ Duncan (TN) Lungren, Daniel Shuster

Mr. RICHMOND and Ms. LORETTA Ellmers E. Simpson Mr. LATOURETTE changed his vote
Emerson Mack Smith (NE)
SANCHEZ of California changed their Farenthold Manzullo Smith (NJ)
from ‘‘aye’’ to ‘‘no.’’
vote from ‘‘nay’’ to ‘‘yea.’’ Fincher Marchant Smith (TX) So the resolution was agreed to.
Fitzpatrick Marino Southerland
So the motion to refer was rejected. Flake Matheson Stearns The result of the vote was announced
The result of the vote was announced Fleischmann McCarthy (CA) Stivers
Fleming McCaul Stutzman as above recorded.
as above recorded.
Flores McClintock Sullivan
The SPEAKER pro tempore. The Forbes McCotter Terry
A motion to reconsider was laid on
question is on the resolution. Fortenberry McHenry Thompson (PA) the table.
AUTHORIZING COMMITTEE ON branch. There are those in this body Ms. NORTON. I thank the gentleman
OVERSIGHT AND GOVERNMENT who have been here and engaged in de- for yielding.
REFORM TO INITIATE OR INTER- bate with respect to important items I have come back from walking out
VENE IN JUDICIAL PROCEEDINGS such as the PATRIOT Act and FISA. of this proceeding to address the seri-
TO ENFORCE CERTAIN SUB- One of the things that we’ve attempted ous, baseless charge of a coverup. No
POENAS to assure our constituents was that we one in the majority has been able to
Mr. ISSA. Mr. Speaker, pursuant to would ensure that the constitutional charge that the Attorney General or
House Resolution 708, I call up the res- rights of Americans would not be tram- his top lieutenants knew about the
pled upon as we carry out the appro- gunwalking initiated in the Bush ad-
olution (H. Res. 706) authorizing the
priate responsibility of protecting this ministration because there is no evi-
Committee on Oversight and Govern-
country and our constituents against dence of that after 16 months of inves-
ment Reform to initiate or intervene in
terrorist attack. That requires us to tigation.
judicial proceedings to enforce certain This contempt resolution stems from
subpoenas. provide active oversight over the exec-
utive branch. a letter from the Justice Department
The Clerk read the title of the resolu-
Similarly, in this case, we have an correcting the record resulting from a
tion.
obligation to stand in the shoes of prior letter written in the Legislative
The SPEAKER pro tempore (Mr.
those we represent, to oversee the oper- Affairs section of the Justice Depart-
BASS of New Hampshire). Pursuant to
ations of the executive branch—in this ment that there was no gunwalking.
House Resolution 708, the resolution is
case, the Department of Justice—to en- That letter relied on statements of
considered read.
sure that they are following the law. ATF officials and Justice Department
The text of the resolution is as fol-
officials who this Justice Department
lows: b 1650
then fired and did its own investiga-
H. RES. 706 One manner in which that can be tion. So what you have is contempt for
Resolved, That the Chairman of the Com- frustrated is by a department—in this correcting the record.
mittee on Oversight and Government Reform case, the Department of Justice—that What the Justice Department did was
is authorized to initiate or intervene in judi- refuses to respond to lawful subpoenas
cial proceedings in any Federal court of com-
the opposite of a coverup. But it is al-
and give us the information so that we leged that if the Department has noth-
petent jurisdiction, on behalf of the Com-
mittee on Oversight and Government Re-
can do that oversight. That is what we ing to hide, it would simply turn over
form, to seek declaratory judgments affirm- were talking about. everything in its possession. The other
ing the duty of Eric H. Holder, Jr., Attorney This Congress, this House of Rep- side has gone so far as to say that when
General, U.S. Department of Justice, to com- resentatives, was misled. I don’t know the President invoked executive privi-
ply with any subpoena that is a subject of whether it was intentional or not. I do lege, he too was implicated in a cover-
the resolution accompanying House Report know we were misled by a representa- up. But the Supreme Court itself has
112–546 issued to him by the Committee as tion from the Justice Department in an said that while the privilege is not ab-
part of its investigation into the United official response to an inquiry by the
States Department of Justice operation
solute—and here I am quoting—human
Congress of the United States. That experience teaches us that those who
known as ‘‘Fast and Furious’’ and related
was not corrected for 10 months. expect public dissemination of their re-
matters, and to seek appropriate ancillary
relief, including injunctive relief.
You can look at it a couple of ways. marks may well temper candor with
SEC. 2. The Committee on Oversight and One is that there was an attempt to concerns for appearances. Thus, Presi-
Government Reform shall report as soon as slow-walk the Congress so that it could dents have repeatedly asserted execu-
practicable to the House with respect to any not carry out its constitutional respon- tive privilege to protect confidential
judicial proceedings which it initiates or in sibility. There is a lot of talk on this executive branch deliberative mate-
which it intervenes pursuant to this resolu- floor by both Democrats and Repub-
tion.
rials from congressional subpoena.
licans as to how we have an obligation The SPEAKER pro tempore. The
SEC. 3. The Office of General Counsel of the to oversee the executive branch. In
House of Representatives shall, at the au- time of the gentlewoman has expired.
thorization of the Speaker, represent the
fact, one of the genius points of our Mr. CUMMINGS. I yield the gentle-
Committee on Oversight and Government Founding Fathers’ Constitution is that lady 30 additional seconds.
Reform in any litigation pursuant to this conflict between or among the three Ms. NORTON. The last leg of today’s
resolution. In giving that authorization, the branches of government, that natural weak reed of contempt is the claim
Speaker shall consult with the Bipartisan tension. But that natural tension can- that the President asserted executive
Legal Advisory Group established pursuant not exist and we cannot do that which privilege too late. Why not from the
to clause 8 of rule II. we are called upon under the Constitu- beginning?
The SPEAKER pro tempore. The gen- tion to do faithfully if we are denied in- The President, like every President
tleman from California (Mr. ISSA) and formation to oversee the operations of before him, did not assert the privilege
the gentleman from Maryland (Mr. the Department of Justice. until negotiations broke down. But the
CUMMINGS) each will control 10 min- The SPEAKER pro tempore. The committee proceeded without even ex-
utes. time of the gentleman has expired. amining the basis for the privilege, as
The Chair recognizes the gentleman Mr. ISSA. I yield the gentleman an prior Chairs of our committee have
from California. additional 30 seconds. done. A coverup is the most irrespon-
Mr. ISSA. Mr. Speaker, I yield 3 min- Mr. DANIEL E. LUNGREN of Cali- sible allegation of this debate because
utes to the gentleman from California fornia. So all we are doing simply is no evidence of a coverup has been sub-
(Mr. LUNGREN). asking for the authorization so that mitted.
Mr. DANIEL E. LUNGREN of Cali- this committee can have the represen- This subpoena is so partisan and po-
fornia. Mr. Speaker, we’ve just had a tation of counsel to see that these sub- litical that I expect any court to do
very important vote and some would poenas are carried out. Since we have just what our committee should have
ask what this second vote is about. been given every sense from the Jus- done—compel the parties to sit down
This second vote is a simple author- tice Department that it would be folly, and negotiate.
ization for the committee involved to in a sense, to suggest that they would Mr. ISSA. Mr. Speaker, it’s amazing
be able to essentially hire counsel that carry out the actions that we just that people would say there’s no evi-
would allow us to go into court to seek voted upon against the Attorney Gen- dence of a coverup when somebody
a declaratory judgment by the Federal eral, this is the method by which we says, No, we didn’t do what we did, and
court to enforce the subpoenas that can achieve that which we are required then hides it for an additional 10
have been presented by this committee to do; that is, to carry out oversight re- months. By any normal American
to the Attorney General of the United sponsibility against the executive de- standard, that would be a coverup.
States. It’s a simple, straightforward partment, including the Department of With that, I yield 2 minutes to the
resolution. Justice. gentleman from Texas (Mr.
Why is it important? One of our obli- Mr. CUMMINGS. I yield 2 minutes to FARENTHOLD).
gations under the Constitution is to the gentlelady from the District of Co- Mr. FARENTHOLD. I thank the chair
provide oversight of the executive lumbia (Ms. NORTON). for yielding.
I rise today in support of the motion for failing to respond to more sub- Terry family, the families of the Mexi-
for civil contempt so we can get an at- poenas, the Speaker should articulate can people who have been slain, and
torney to proceed. with clarity what general purpose will the American people deserve no less.
Normally under contempt, what hap- be served by the response. If nothing Mr. CUMMINGS. I yield 2 minutes to
pens is, we vote, like we just did, to legitimately useful is to be learned nor the gentleman from Texas (Mr. REYES).
hold someone in contempt, and it’s any legislative purpose is to be Mr. REYES. It is indeed a sad day
turned over to the Department of Jus- achieved with continued responses to today. As an officer that spent 261⁄2
tice—in fact, the U.S. attorney for the these subpoenas, then it is time for the years wearing the United States Border
District of Columbia—to pursue in dis- Attorney General to get back to work, Patrol uniform, it is regrettable for me
trict court. Unfortunately, the U.S. at- along with the Members of the House. today that we’re here under these cir-
torney is an employee and reports to Mr. ISSA. Mr. Speaker, I’m not sure cumstances.
the Attorney General, who was just if I heard the gentleman right when he I want to acknowledge and thank the
found in contempt. And I am concerned said that I ‘‘silenced whistleblowers’’ chairman and the ranking member for
that past history of stonewalling in order to keep them from talking inviting me to go with them to Mexico
delays that are associated with getting about gun control. City and visit at the U.S. Embassy
us information and cooperating with us Is the gentleman disparaging and about the circumstances around what
on Fast and Furious will continue and, falsely claiming that I did something led to the investigation of Fast and Fu-
in fact, there will be no prosecution of that I know for a fact I did not? rious. And to me, it’s regrettable be-
the contempt resolution we just voted Mr. CUMMINGS. Will the gentleman cause we are here discussing the death
out. So it is absolutely critical that yield? of a Border Patrol agent. I went to the
the committee be given the authority Mr. ISSA. Of course. memorial service for Agent Brian
Mr. CUMMINGS. I will tell you what Terry. I visited with his mom and his
to pursue this on their own if the Jus-
you did. When you called the whistle- family that day. I went there because
tice Department is not responsive.
I, therefore, urge all of my colleagues blowers in, and the whistleblowers, as a former Border Patrol agent I
to join me in support of this civil con- who are ATF agents, and you know wanted to express sympathy and sup-
tempt resolution. this— port, as I did so many times as a chief
Mr. ISSA. Reclaiming my time, it’s for agents that were killed in the line
Mr. CUMMINGS. I yield 2 minutes to
pretty clear you are disparaging me, of duty.
the gentleman from Virginia (Mr.
and you are disparaging me by making So for me, it is particularly troubling
SCOTT).
Mr. SCOTT of Virginia. I thank the a claim that’s untrue. that we’re here politicizing the death
The bottom line is, in committee, of a United States Border Patrol agent.
gentleman for yielding.
The contempt citation pending witnesses were told that they need not We ought to be about getting to the
against Attorney General Holder is un- answer questions that were not the circumstances of the investigation led
founded, unfair, and unwise. All of this subject of the hearing and, in fact, under a U.S. Attorney under OCDETF.
involves questions about gunwalking. those witnesses were allowed and did Both the ranking member and the
And we know that the Attorney Gen- answer questions by the minority hav- chairman know that that was the con-
eral has handed over thousands of doc- ing to do with gun control, an issue trolling entity in this case.
they prefer to talk about rather than I don’t know except to say that it’s
uments in response to multiple sub-
the cause of Brian Terry’s death. pure basic politics that we’ve now spun
poenas. So we know that the
With that, I yield 2 minutes to the this up to the level of the Attorney
gunwalking policy began under the
gentleman from Texas (Mr. MCCAUL). General. Having had the experience to
Bush administration. We know that supervise my agents that were part of
President Bush’s Attorney General, Mi- b 1700
OCDETF investigations and having had
chael Mukasey, was briefed on the pol- Mr. MCCAUL. Mr. Speaker, as a a number of conversations with my
icy, and it continued. We know that former Federal prosecutor at the De- friends on the other side of the aisle
when Attorney General Holder found partment of Justice, I do not take who were experienced prosecutors, ev-
out about it, he shut the program down these proceedings lightly. Above all, erybody here that has that experience
and called for an investigation. those at the Department cherish their knows that those controls don’t go up
If we want to know why the policy integrity. Mr. Speaker, that integrity to the level of the Attorney General.
started, we should ask officials who has now been impugned. The SPEAKER pro tempore. The
served when it started during the Bush This is not about politics. It’s about time of the gentleman has expired.
administration. If we want to know pursuit of the truth and justice. The Mr. CUMMINGS. I yield the gen-
what Attorney General Holder knew definition of contempt is the willful tleman an additional 30 seconds.
about Fast and Furious, we should call disobedience to or open disrespect for Mr. REYES. So we’re here taking a
the former Acting Director of the ATF, the rules or orders of a court or legisla- lot of time when we should be dis-
Ken Melson, who is on the record as tive body. This definition falls squarely cussing things that are a priority to
saying that he would have been the one within the facts here. the American people. We’re here under
to have informed the Attorney Gen- When insiders revealed the govern- the worst of circumstances for the
eral, but even he didn’t know about ment’s role in Operation Fast and Furi- Terry family, which all they want is
Fast and Furious. But unfortunately, ous, the Department of Justice falsely closure on the death of a son, on the
requests from the Democratic members told Congress that whistleblowers death of a patriotic American citizen,
of the House Committee on Oversight weren’t telling the truth. As Congress and spinning it in a political sense.
and Government Reform to call these fulfilled its oversight obligations and I really think that this is a sad day
witnesses have been rejected. tried to get to the bottom of how guns for this House of Representatives, and
At this point, there has been no ar- were put in the hands of Mexican drug we ought to do better for the American
ticulation of any useful information cartels, ultimately killing Border Pa- people.
about the origins of gunwalking in trol Brian Terry, this administration Mr. ISSA. I yield 1 minute to the
Fast and Furious or the death of Agent refused to turn over crucial documents gentleman from Idaho (Mr. LABRADOR).
Brian Terry that can be learned from that would shed light on this. Instead, Mr. LABRADOR. Mr. Speaker, once
the narrow set of documents still at they asserted executive privilege at the again I sit here and I’m amazed by the
issue, nor has there been any articula- eleventh hour, calling into question language that is being used. We’ve had
tion of any legitimate legislative pur- the validity of the privilege itself and numerous hearings. We’ve had numer-
pose that can be achieved. And, in fact, at the same time demonstrating that ous investigations. We’ve had a lot of
Chairman ISSA has silenced whistle- communications were held at the high- people come before Congress and give
blowers who testified about legislation est levels in the government. In fact, us false information. And the reality is
to strengthen law enforcement tools on the wiretaps, we all know, are approved that I hear again and again from the
our southwestern boarder. at Main Justice. other side that there is no evidence of
If the Speaker now insists on holding Mr. Speaker, this Attorney General coverup; there is no evidence of cover-
Attorney General Holder in contempt needs to be held accountable. The up.
But the reality is that we have only sure; we’re checking on it—happened in answered ‘‘present’’ 5, not voting 74, as
received 5 percent of the documents this House already today, something follows:
that we have requested. There is no that may have interfered with the trial [Roll No. 442]
way for us to know exactly what hap- already. YEAS—258
pened, who knew, and what did they So as I close, I would submit that he Adams Gibson Nunes
know, unless we receive all of the docu- has done the very best that he could, Aderholt Gingrey (GA) Nunnelee
ments. All we’re asking the Attorney and now we need to meet him halfway. Akin Gohmert Olson
General to do is to provide the docu- I yield back the balance of my time. Alexander Goodlatte Owens
Altmire Gosar Palazzo
ments that we have requested. We Mr. ISSA. Mr. Speaker, I yield myself Amash Gowdy Paul
wouldn’t be standing here holding such time as I may consume. Amodei Granger Paulsen
these contempt proceedings if he had The SPEAKER pro tempore. The gen- Austria Graves (GA) Pearce
given us the documents. And that’s tleman from California is recognized Bachmann Graves (MO) Pence
Bachus Griffin (AR) Peterson
why I ask everybody in this body to ac- for 13⁄4 minutes. Barber Griffith (VA) Petri
tually vote for contempt. Mr. ISSA. Thank you, Mr. Speaker. Barletta Grimm Pitts
Mr. CUMMINGS. May I inquire as to It’s been a long day for America, but Barrow Guinta Platts
how much time is left. it’s been a longer day for the Terry Bartlett Guthrie Poe (TX)
Barton (TX) Hall Pompeo
The SPEAKER pro tempore. The gen- family. I’m going to urge everyone to Bass (NH) Hanna Posey
tleman from Maryland has 3 minutes vote for the ability to hire counsel, and Benishek Harper Price (GA)
remaining, and the gentleman from that’s what the last vote is, and I be- Berg Hastings (WA) Quayle
California has 13⁄4 minutes remaining. lieve it will pass overwhelmingly. Biggert Hayworth Rahall
Bilbray Heck Reed
Mr. CUMMINGS. I reserve the bal- But I’m going to use this time to Bilirakis Hensarling Rehberg
ance of my time. pledge to the America people, to pledge Bishop (UT) Herger Reichert
Mr. ISSA. Reserving the right to to the Terry family, and to pledge to Black Herrera Beutler Renacci
close, I have no further requests for my colleagues: this investigation has Blackburn Hochul Ribble
Bonner Huelskamp
time. in fact been brought to a halt in one Bono Mack Huizenga (MI)
Rigell
Mr. CUMMINGS. Mr. Speaker, it’s in- Rivera
area—and the area is the Attorney Boren Hultgren Roby
teresting here today, what we just did General’s flat refusal to any longer co- Boswell Hunter Roe (TN)
with regard to the criminal contempt. Boustany Hurt
operate with this committee. Brady (TX) Issa
Rogers (AL)
I do believe that it is very unfortunate, Rogers (KY)
and let me tell you why. We have an b 1710 Brooks Jenkins
Rogers (MI)
Broun (GA) Johnson (IL)
Rohrabacher
Attorney General who is indeed an But it doesn’t change the fact that in Buchanan Johnson (OH)
Rokita
honorable man. We who practice law the days and weeks to come, we will Bucshon Johnson, Sam
Rooney
Buerkle Jones
look up to the Attorney General and use what we can in the way of other Burgess Jordan
Ros-Lehtinen
any U.S. Attorney. They are folks like tools, including some of the individuals Roskam
Burton (IN) Kelly
Ross (AR)
us who are well educated and who love that the minority has talked about Calvert Kind
Ross (FL)
their country. And Eric Holder, Jr., is today, to glean additional information, Camp King (IA)
Royce
Campbell King (NY)
no exception. to find ways to prove accountability Canseco Kingston
Runyan
Over and over again, he has tried to for the many people that had to be in- Cantor Kinzinger (IL) Ryan (WI)
Scalise
cooperate with this committee. And volved in this OCDETF operation in Capito Kissell
Schilling
I’m sure that both sides—his side and Carter Kline
order for those guns to walk. We will Cassidy Labrador Schmidt
our side—have become a little frus- continue to do that. We will try to find Chabot Lamborn Schock
trated at times. But as he said in a Schweikert
the truth. Chaffetz Lance
Chandler Landry Scott (SC)
meeting a couple of weeks ago, he said Hopefully in the weeks to come, we Scott, Austin
Coble Lankford
that he’s willing to give the docu- also will begin getting cooperation Coffman (CO) Latham Sensenbrenner
ments, but he was asking that at some from the administration again. But if Cole LaTourette Sessions
point his attorneys have an oppor- we don’t, I will tell the ranking mem- Conaway Latta Shimkus
Cravaack LoBiondo Shuster
tunity to get back to work. ber here today, it has always been my Simpson
Crawford Long
Now, Leader PELOSI said something a intention to look backwards to pre- Crenshaw Lucas Smith (NE)
moment ago that we should not lose vious gunwalking programs that we be- Critz Luetkemeyer Smith (NJ)
sight of, Mr. Speaker, when she spoke Culberson Lummis Smith (TX)
lieve were certainly poorly designed Southerland
about the Constitution and that it re- Davis (KY) Lungren, Daniel
and resulted in weapons getting out of DeFazio E. Stearns
quires Congress and the executive the hands of lawful people and into the Denham Mack Stivers
branch to avoid unnecessary conflicts hands of criminal elements. That’s not Dent Manzullo Stutzman
and to seek accommodations that serve DesJarlais Marchant Sullivan
going to change. It’s not going to Terry
both of their interests. In the words of Diaz-Balart Marino
change because it’s our obligation to Dold Matheson Thompson (PA)
Attorney General William French investigate and because this one we Donnelly (IN) McCarthy (CA) Thornberry
Smith, under President Reagan: cannot let loose until the Terry family Dreier McCaul Tiberi
It is the obligation of each branch to make Duffy McClintock Tipton
has been kept a promise that the rank- Duncan (SC) McCotter Turner (NY)
a principled effort to acknowledge and, if ing member and I both made. Duncan (TN) McHenry Turner (OH)
possible, to meet the legitimate needs of the
So I take the ranking member at his Ellmers McIntyre Upton
other branch. Emerson McKeon Walberg
word today that, in fact, he will not
I believe that this Attorney General rest until we get some answers, and I
Farenthold McKinley Walden
has bent over backwards trying to ac- Fincher McMorris Walsh (IL)
commit the same that I will not, and I Fitzpatrick Rodgers Walz (MN)
commodate us, trying to provide the urge the passage of this resolution. Flake Meehan Webster
information, but at the same time, as I yield back the balance of my time. Fleischmann Mica West
he has said to us many times, to pro- Fleming Michaud Westmoreland
The SPEAKER pro tempore. All time Flores Miller (FL) Whitfield
tect the institution of the Attorney for debate has expired. Forbes Miller (MI) Wilson (SC)
General of the United States. And Pursuant to House Resolution 708, Foxx Miller (NC) Wittman
when I say protect the institution, I the previous question is ordered on the Franks (AZ) Miller, Gary Wolf
mean protect the institution, the same Frelinghuysen Mulvaney Womack

resolution. Gallegly Murphy (PA) Woodall
types of things that have assertions of The question is on the resolution. Gardner Myrick Yoder
executive privilege, making sure that The question was taken; and the Garrett Neugebauer Young (AK)
wiretap applications are not made pub- Speaker pro tempore announced that Gerlach Noem Young (FL)
Gibbs Nugent Young (IN)
lic, making sure that confidential in- the ayes appeared to have it.
formants are not disclosed, making Mr. CUMMINGS. Mr. Speaker, on NAYS—95
sure that ongoing investigations are that I demand the yeas and nays. Andrews Bishop (NY) Capps
not interfered with. The yeas and nays were ordered. Baldwin Blumenauer Carnahan
And I’m not sure, but there may be Berkley Bonamici Carney
The vote was taken by electronic de-
Berman Braley (IA) Castor (FL)
something that happened—we’re not vice, and there were—yeas 258, nays 95,
June 28, 2012 CONGRESSIONAL RECORD — HOUSE CORRECTION H4421
Cohen Keating Reyes the gentleman from Texas (Mr. SMITH) The question was taken; and (two-
Connolly (VA) Kildee Rothman (NJ)
Cooper Langevin Ruppersberger
that the House suspend the rules and thirds being in the affirmative) the
Costello Larsen (WA) Ryan (OH) pass the bill. rules were suspended and the bill was
Courtney Loebsack Sánchez, Linda The question was taken; and (two- passed.
Crowley Lofgren, Zoe T. thirds being in the affirmative) the A motion to reconsider was laid on
Cuellar Luján Sanchez, Loretta
Davis (CA) Lynch rules were suspended and the bill, as the table.
Schiff
DeGette Maloney
Schrader
amended, was passed. f
DeLauro Matsui A motion to reconsider was laid on
Schwartz
Deutch McCarthy (NY) REVEREND ABE BROWN POST
Dicks McCollum Sherman the table.
Shuler OFFICE BUILDING
Dingell McDermott f
Doggett McGovern Slaughter The SPEAKER pro tempore. The un-
Doyle McNerney Smith (WA) SERGEANT RICHARD FRANKLIN finished business is the question on
Eshoo Miller, George Speier
Stark
ABSHIRE POST OFFICE BUILDING suspending the rules and passing the
Farr Moran
Filner Murphy (CT) Sutton The SPEAKER pro tempore. The un- bill (H.R. 3276) to designate the facility
Garamendi Neal Thompson (CA) finished business is the question on of the United States Postal Service lo-
Green, Gene Olver Tierney cated at 2810 East Hillsborough Avenue
Hanabusa Pallone Tonko
suspending the rules and passing the
Heinrich Pascrell Tsongas bill (H.R. 3412) to designate the facility in Tampa, Florida, as the ‘‘Reverend
Higgins Pastor (AZ) Velázquez of the United States Postal Service lo- Abe Brown Post Office Building’’.
Himes Perlmutter The Clerk read the title of the bill.
Hinchey Peters
Visclosky cated at 1421 Veterans Memorial Drive
Hirono Pingree (ME)
Wasserman in Abbeville, Louisiana, as the ‘‘Ser- The SPEAKER pro tempore. The
Schultz question is on the motion offered by
Holden Polis Waxman geant Richard Franklin Abshire Post
Holt Price (NC)
Welch Office Building’’. the gentleman from Texas (Mr.
Hoyer Quigley FARENTHOLD) that the House suspend
The Clerk read the title of the bill.
ANSWERED ‘‘PRESENT’’—5 The SPEAKER pro tempore. The the rules and pass the bill.
Ackerman Kaptur Towns question is on the motion offered by The question was taken; and (two-
Costa Lipinski
the gentleman from Texas (Mr. thirds being in the affirmative) the
NOT VOTING—74 FARENTHOLD) that the House suspend rules were suspended and the bill was
Baca Frank (MA) Markey the rules and pass the bill. passed.
Bass (CA) Fudge Meeks The question was taken; and (two- A motion to reconsider was laid on
Becerra Gonzalez Moore the table.
Bishop (GA) Green, Al Nadler
thirds being in the affirmative) the
Brady (PA) Grijalva Napolitano rules were suspended and the bill was f
Brown (FL) Gutierrez Pelosi passed. AVIATION SECURITY STAKE-
Butterfield Hahn Rangel A motion to reconsider was laid on
Capuano Harris Richardson HOLDER PARTICIPATION ACT OF
Cardoza Hartzler Richmond the table. 2012
Carson (IN) Hastings (FL) Roybal-Allard f
Chu Hinojosa Rush The SPEAKER pro tempore. The un-
Cicilline Honda Sarbanes SPC NICHOLAS SCOTT HARTGE finished business is the question on
Clarke (MI) Israel Schakowsky POST OFFICE suspending the rules and passing the
Clarke (NY) Jackson (IL) Scott (VA)
Clay Jackson Lee Scott, David The SPEAKER pro tempore. The un- bill (H.R. 1447) to amend title 49,
Cleaver (TX) Serrano finished business is the question on United States Code, to direct the As-
Clyburn Johnson (GA) Sewell sistant Secretary of Homeland Secu-
Conyers Johnson, E. B. Sires suspending the rules and passing the
Cummings Kucinich Thompson (MS) bill (H.R. 3501) to designate the facility rity (Transportation Security Adminis-
Davis (IL) Larson (CT) Van Hollen of the United States Postal Service lo- tration) to establish an Aviation Secu-
Edwards Lee (CA) Waters
cated at 125 Kerr Avenue in Rome City, rity Advisory Committee, and for other
Ellison Levin Watt purposes, as amended.
Engel Lewis (CA) Wilson (FL) Indiana, as the ‘‘SPC Nicholas Scott
Fattah Lewis (GA) Woolsey Hartge Post Office’’. The Clerk read the title of the bill.
Fortenberry Lowey Yarmuth The Clerk read the title of the bill. The SPEAKER pro tempore. The
b 1734 The SPEAKER pro tempore. The question is on the motion offered by
question is on the motion offered by the gentleman from New York (Mr.
Mr. SULLIVAN changed his vote KING) that the House suspend the rules
from ‘‘nay.’’ to ‘‘yea’’ the gentleman from Texas (Mr.
FARENTHOLD) that the House suspend and pass the bill, as amended.
Mr. COSTA changed his vote from
the rules and pass the bill. The question was taken; and (two-
‘‘nay’’ to ‘‘present.’’
The question was taken; and (two- thirds being in the affirmative) the
So the resolution was agreed to.
The result of the vote was announced thirds being in the affirmative) the rules were suspended and the bill, as
as above recorded. rules were suspended and the bill was amended, was passed.
A motion to reconsider was laid on passed. A motion to reconsider was laid on
the table. A motion to reconsider was laid on the table.
Mr. FORTENBERRY. Mr. Speaker, I inad- the table. f
vertently missed the vote on rollcall No. 442. f USE OF GRANT FUNDS FOR
My vote would have been ‘‘yes.’’ PROJECTS CONDUCTED IN CON-
f b 1740
JUNCTION WITH A NATIONAL
NUCLEAR TERRORISM CONVEN- FIRST SERGEANT LANDRES LABORATORY OR RESEARCH FA-
TIONS IMPLEMENTATION AND CHEEKS POST OFFICE BUILDING CILITY
SAFETY OF MARITIME NAVIGA- The SPEAKER pro tempore. The un- The SPEAKER pro tempore. The un-
TION ACT OF 2012 finished business is the question on finished business is the question on
The SPEAKER pro tempore (Mr. suspending the rules and passing the suspending the rules and passing the
CRAVAACK). The unfinished business is bill (H.R. 3772) to designate the facility bill (H.R. 5843) to amend the Homeland
the question on suspending the rules of the United States Postal Service lo- Security Act of 2002 to permit use of
and passing the bill (H.R. 5889) to cated at 150 South Union Street in Can- certain grant funds for training con-
amend title 18, United States Code, to ton, Mississippi, as the ‘‘First Sergeant ducted in conjunction with a national
provide for protection of maritime Landres Cheeks Post Office Building’’. laboratory or research facility.
navigation and prevention of nuclear The Clerk read the title of the bill. The Clerk read the title of the bill.
terrorism, and for other purposes, as The SPEAKER pro tempore. The The SPEAKER pro tempore. The
amended. question is on the motion offered by question is on the motion offered by
The Clerk read the title of the bill. the gentleman from Texas (Mr. the gentleman from New York (Mr.
The SPEAKER pro tempore. The FARENTHOLD) that the House suspend KING) that the House suspend the rules
question is on the motion offered by the rules and pass the bill. and pass the bill.
The question was taken; and (two- ANNOUNCEMENT BY THE SPEAKER This issue of health care reform is
thirds being in the affirmative) the PRO TEMPORE one of the defining issues in our coun-
rules were suspended and the bill was The SPEAKER pro tempore. The try, and it’s one that we finally grap-
passed. Chair will entertain Special Order pled with in 2010 to come up with a bill
A motion to reconsider was laid on speeches without prejudice to the re- that not everyone agreed with. As a
the table. sumption of legislative business. matter of fact, as Mr. ELLISON will re-
member, I didn’t agree with this. I was
f f not satisfied with health care reform
THE PROGRESSIVE MESSAGE within the context of a for-profit sys-
TRANSPORTATION WORKER IDEN-
tem because I wanted a not-for-profit
TIFICATION PROCESS REFORM The SPEAKER pro tempore. Under system. Yet, while we had a for-profit
ACT the Speaker’s announced policy of Jan- system, one of the things we needed to
The SPEAKER pro tempore. The un- uary 5, 2011, the gentleman from Min- do was to make sure children with pre-
finished business is the question on nesota (Mr. ELLISON) is recognized for existing conditions would be covered;
suspending the rules and passing the 60 minutes as the designee of the mi- to make sure all of these lifetime caps
bill (H.R. 3173) to direct the Secretary nority leader. on the amount of money that people
of Homeland Security to reform the Mr. ELLISON. Mr. Speaker, my name could claim for expenses were removed;
process for the enrollment, activation, is KEITH ELLISON, and I claim this Spe- and to make sure that people were
issuance, and renewal of a Transpor- cial Order time on behalf of the Pro- given a fighting chance with the insur-
tation Worker Identification Creden- gressive Caucus. I am very pleased to ance companies.
tial (TWIC) to require, in total, not be joined by my dear friend from the
great State of Ohio, Mr. DENNIS KUCI- b 1750
more than one in-person visit to a des-
ignated enrollment center, as amended. NICH. What’s happened is the Affordable
The Clerk read the title of the bill. The Progressive Caucus has a Web Care Act finally took a step in the di-
The SPEAKER pro tempore. The site we refer people to, which is rection of reform. It’s an important
question is on the motion offered by cpc.grijalva.house.gov. I urge every- step, and the Supreme Court has said
the gentleman from California (Mr. body to check it out because it has a you can do that under Congress’ taxing
DANIEL E. LUNGREN) that the House lot of excellent information. authority, but it’s just a step.
This we call The Progressive Mes- All of us understand that there are
suspend the rules and pass the bill, as
sage. Today, we are going to focus on still millions of Americans who are
amended.
three topics, Mr. Speaker. They will be finding health care out of reach, even
The question was taken; and (two-
in the areas of: (1) historic health care; with the help that the Affordable Care
thirds being in the affirmative) the
(2) the travesty of justice perpetuated Act offers. That’s why at the State
rules were suspended and the bill, as level there are still States, such as
amended, was passed. on Eric Holder; (3) the voter ID issue
that is proliferating across the coun- Vermont, that are looking at how they
A motion to reconsider was laid on can go forward with a single-payer plan
the table. try, that of trying to restrict and sup-
press the votes of Americans. So that’s within their State.
f Mr. ELLISON. Let me just ask the
our Progressive Message for today.
gentleman a question.
I want to introduce the first subject You had an amendment that we were
THE AFFORDABLE CARE ACT IS by saying that today was a historic
THE LAW OF THE LAND trying to move onto the Affordable
day. The historic health care bill was Care Act which would allow States, if
(Ms. JACKSON LEE of Texas asked passed many, many months ago; but they chose to, to pursue alternatives
and was given permission to address until the Supreme Court of the United like a single-payer system.
the House for 1 minute.) States said that this bill was constitu- Do you recall your amendment?
Ms. JACKSON LEE of Texas. I rise tional, that this act was constitu- Mr. KUCINICH. Keep in mind that
today because this is a great country. tional, it was always in jeopardy of the Employee Retirement Income Se-
In fact, I would call it the greatest being overturned. In the Progressive curity Act essentially would stop
country in the world. Caucus, many of us were signatories States from going forward, so we asked
Throughout my life’s history, al- and cosponsors of H.R. 676, which is the basically for a waiver of that. The
though we have traveled mountains single-payer bill—or health care for all amendment would have provided for a
and low valleys, I have been equal and and Medicare for all. waiver so States would have no legal
unequal in this Nation. Yet today I feel Personally, I think today is a dra- bar to pursue a single-payer system.
as tall as the pine trees because our matic step forward in the quest to That was essentially passed in com-
Supreme Court shed itself of diverse make sure that all Americans are cov- mittee and then stripped out.
and sometimes divisive bickering and ered and can go to a doctor. This is a The point is we can enable it. Con-
upheld the Constitution of the United very important step—it’s an advance— gress can facilitate that. The passage
States. so I’m happy to see it. of affordable care, plus the Supreme
It granted to the American people af- With that, I would like to just turn Court saying Congress can move on
fordable health care. It granted to the some time over to the gentleman from health care, Congress can take a step,
sickest of the sick the opportunity to Ohio for any comments he may care to finally puts us in a position where we
be covered by insurance. It granted to make about the health care bill or can elevate health care to the highest
seniors who fall into doughnut holes about the Supreme Court decision. level of public concern.
and who have to choose prescription I yield to the gentleman from Ohio. Every American who is out there to-
drugs over food a relief line. It granted Mr. KUCINICH. I want to thank the night who’s worried about whether
to hospitals that take in indigent pa- gentleman from Minnesota, Congress- they would be able to get access to af-
tients who may otherwise die on side- man ELLISON, for his leadership in the fordable health care suddenly realizes
walks in America an opportunity to Progressive Caucus and to thank him that it is possible. For those poor peo-
take care of those patients. It gave for yielding me some time to talk ple across America who are wondering
children with preexisting diseases an about this momentous decision by the whether they are going to be shut out
opportunity to live fully in this coun- Supreme Court. First of all, a little bit by one aspect of the Supreme Court de-
try. of context. cision, now it’s up to the States to re-
So now the Affordable Care Act is the I represent Cleveland, Ohio. There affirm the position of the State in the
law of the land. We have been vindi- are many people in Cleveland who are life of their citizens by saying, if you’re
cated. Every single, single vote of uninsured. There are many people in a poor person, we’re not going to use
those Members who have lost and of Cleveland who could not afford health the Supreme Court decision to block
those who have won, we’ve been vindi- care. There are many people who are you from having access to the re-
cated. Thank God for the United States working who can’t get their families sources of the government with respect
Supreme Court. covered. to health care.
I think that we need to recognize tinue the effort towards a universal are literally chained or tied to their
that we’ve taken a big step here. As single-payer, not-for-profit health care. job because they have health care
someone who wasn’t sure at first, as You know what? Now that we’ve there. If they want to leave, if they
someone who, in a sense, reluctantly proven that reform of health care is want to pursue a different course, they
voted for the Affordable Care Act on possible, now that we have proven that want to improve, they can’t, because
the hope that by proving we could have health care is no longer the third rail they are tied to their job because of
reform within the context of a for-prof- of American politics, now that we have health care. They can’t get it.
it system, that it would open the door proven that the Court will uphold an Today, the Supreme Court said that
for further reforms, I’d say this is a effort by the Congress to move towards what this House did with the Afford-
great day. It shows that it’s possible to health care reform, well, now that able Health Care Act is constitutional.
reform that for-profit system. we’ve proven that, we can say it is pos- It is constitutional. It is possible for
I’m hopeful, as we’re celebrating sible to go to a place where we can us. As we just heard from Mr. KUCINICH,
today, that we look down the road to have health care for all under a not- it is possible for us to reform the
what we’re going to do in the future, for-profit system. health care system.
which is to restart our efforts here, re- I thank the gentleman for his leader- My thoughts are so happy for Amer-
start the effort for a single-payer sys- ship, and I look forward to working ica, so happy for that man that I saw 5
tem, knowing at least that we have the with you as we chart a new course in years ago that was on his deathbed,
assurance that more people are cov- America for health care for all. Thank and he said, If I can just live another 5
ered, that you don’t have to worry you. months, I’ll be on Medicare and I can
about your child 26 and under, whether Mr. ELLISON. Thank you. get the treatments that I need without
they are going to be covered under the And to the gentleman from Ohio, who bankrupting my family. Today he prob-
policy, that you don’t have to worry I know has some things to do, I just ably will be able to get that. It’s a good
about a child with a preexisting condi- want to say that when the final chap- day.
tion, that you don’t have to worry ter is written on the improvement and b 1800
about long-term caps, that you don’t the advance in health care in America,
have to worry about if you’re a senior I was the insurance commissioner for
there will certainly be chapters on how 8 years in California. And if only I had
where that doughnut hole is going to DENNIS KUCINICH, through your leader-
cause your budget to get crushed. What this law, if only this law were in place,
ship as a Member of the House of Rep- I could have hammered those insurance
you have now is the government finally resentatives bill that you introduced
taking the side of the people and put- companies that were discriminating
through your Presidential run, where against people who had preexisting
ting us in a position where we now are you really made health care a front-
able, with integrity and with drive, to conditions. But I didn’t have this law.
burner issue, you will have a chapter So they were able to get away with dis-
move towards the future where some- that will designate your great con-
day we’re going to keep working for criminating against women because
tributions to the American people to they are women. Because they are of
that single-payer system. get quality, affordable, universal
Mr. ELLISON. I don’t know if this child-bearing age, they may have a
health care. child; and it might cost the insurance
happened to you today, but it did hap- So I do thank you today, sir, because
pen to me. I started thinking about all companies money.
I can tell you that today is somewhat My chief of staff had a child who was
the door knocking that I did and think- of a reflection. You should think about
ing about the health care horror sto- born with an ailment. That kid, from
how your campaign for President and the day of conception to the day after
ries that I heard. other work you have done really did
I just want to ask you today, when he was born, had insurance. As soon as
move the ball down the track. So I the insurance company found out that
you reflect on 57 percent of the people
thank you, and I honor you for it. that child had a serious problem, they
filing for bankruptcy being motivated
Mr. KUCINICH. I thank the gen- stopped the insurance. The family al-
by medical debt, when you hear about
tleman. Thank you very much. most went into bankruptcy; but for the
people getting a lifetime cap and not
Mr. ELLISON. We’re joined by my friends and support around them, they
being able to get any additional health
good friend, JOHN GARAMENDI from would have done so. That is over.
care, even when they’ve got cancer or
California. Every child born in America will con-
if they’ve got cancer, then they get
Congressman GARAMENDI, on a day tinue to have health care coverage,
dropped.
Mr. KUCINICH. The gentleman is like this, you must be full of thoughts whether they are healthy or not. It’s a
right. The gentleman is correct. When about health care reform, the big lift, good day. It’s a good day for the chil-
you think of how many people—most and all of the things that occurred. dren. It’s a good day for the people of
bankruptcies, they’re connected to peo- What are some of the thoughts that America.
ple not being able to pay hospital bills. occur to you today, Congressman? Mr. ELLISON. Well, Congressman, I
Any single family has known the dread Mr. GARAMENDI. Thank you, Mr. share your joy today. And I want to let
of having one individual get ill in the ELLISON. Thank you so very much for you know that the fact is that there
family, and everything people worked a your consistent and strong voice on are a lot of really important parts of
lifetime for, they lose. what we really need to do here in this bill, and not enough Americans
Mr. ELLISON. The gentleman might America to take care of people. understand what’s in the bill.
reflect on the fact that many of these At the beginning of the day and at I can remember back a couple of
people you’re referring to have insur- the end of the day, our task is to fulfill years ago when I was trying to have
ance, and I yield to the gentleman. that message of life, liberty, and the community forums in my district, and
Mr. KUCINICH. Oh, that’s right. pursuit of happiness. This day really, people who didn’t understand the need
Think about this now. You can have in many ways, fulfills that. for health care reform would get loud
insurance, and if you run up against Think about it. Can you have life and boisterous in these meetings. And I
lifetime caps on coverage, you’re out of without health care? Well, probably would let them talk. I wouldn’t let
luck. So many Americans have gotten not for very long. Most everybody I them disrupt the meeting, but I would
in trouble financially because, even know has had a sickness at one point let them talk. And some of them ex-
though they have insurance, they can’t or another. If you don’t get health pressed themselves in very passionate
pay the bills. The bills have sent Amer- care, you may very well lose your life. ways.
icans into poverty. Happiness? We know that most of the One of the things they said to me
We need to realize that we’ve taken a bankruptcies—this is before the great was, Did you read the bill? And they
step in the direction of a substantial crash—are a direct result of health wouldn’t ask the question. They would
support for the American people and care and not having sufficient insur- basically make an accusation that I
their health care with the Affordable ance or not having insurance. With re- didn’t read the bill. Of course I had
Care Act, but it’s not the final step. gard to happiness, wow. read the bill.
Again, I am here to share with you, Of course, liberty. You just think And I think it’s now a good idea to
Mr. Speaker, my willingness to con- about the number of Americans that really help people understand what
good things are in this bill. For exam- seniors in the doughnut hole—this is would think they would say, Okay,
ple, I think it’s important for people to the drug coverage portion—have saved okay. We just wanted to make sure it’s
understand that already in the bill, if $3.7 billion on prescription drugs al- constitutional. Now we’re ready to join
you have a child under the age of 26, ready. hands with you and celebrate this
that child can be on your health care Now, our good friends, the Repub- great thing to make sure all Americans
insurance. No more worries that your licans, want to repeal all of this. So can go to the doctor. But what do they
college graduate kid, who has not yet you go through this list: 13 million do? They schedule a repeal vote.
got that job, is just out there with no Americans will not receive a rebate if Here’s what I want people to know,
insurance. If you are a woman, they the Republicans succeed in repealing Congressman: according to the Con-
can’t discriminate against you any- the bill; 54 million Americans will not gressional Budget Office—which is a
more. If you have a preexisting condi- receive preventative services; 6.6 mil- nonpartisan entity—if they repeal this
tion and you are a child, even at this lion young Americans will not be on bill, it will add to the deficit $230 bil-
moment, they can’t discriminate their parents’ coverage between the lion. These are my friends who never
against you. And when the bill is fully age of 21 and 26. There are a lot of tire of saying, Oh, we’re conferring
in effect, they won’t be able to dis- takeaways from what the Republicans debt on our children and grandchildren.
criminate against anyone. want to do with their repeal. They always say that. I’m sure it’s
If you are a senior, we’re helping to Mr. ELLISON. If the gentleman been tested by, you know, some high-
make the cost of prescription drugs would yield, I think that is a very im- paid individual who does that kind of
more affordable by filling the doughnut portant point to make. Sadly, as soon stuff. They never tire of saying, Our
hole. Also, for Medicare, we have a pro- as the Affordable Care Act was upheld, children and grandchildren, we are pil-
vision in there that’s helping to make our friends in the Republican Caucus ing debt on our children and grand-
sure that preventative screenings are immediately said, Well, we’re going to children.
free in order to have healthy, strong have a repeal vote. Well, they’ve al- But if they strip the Affordable Care
seniors to prevent them from getting ready had a repeal vote. What are we Act, as they plan on doing on July 11,
sick. There’s a medical loss ratio which doing this over and over and over again they would drop a big debt and add to
says that the insurance company has for? Well, we’re doing it for a very im- the deficit.
to devote 85 percent of their receipts portant reason: to make a political Mr. GARAMENDI. Thank you so very
into health care, not all this other ad- point. much, Mr. ELLISON. And thank you for
As they were announcing another re-
ministrative stuff, including exorbi- your leadership on this and so many
peal vote—another repeal vote—we
tant pay. other issues.
haven’t done anything about student
So as we sit back and reflect on what I’m looking at that sign next to you:
loans this week, which are expiring. We
is actually in there, I think it’s impor- ‘‘Republicans’ No-Jobs Agenda.’’ A re-
haven’t done anything about jobs. And
tant to make those points. peal of the Affordable Health Care Act
Is there anything you would like to we haven’t done anything about the
and the Patients’ Bill of Rights is not
add? transit bill, which is due to expire. I
going to create jobs. In fact, it is going
Mr. GARAMENDI. Let me just take mean, it’s just really amazing how
to make it very, very difficult for
up some of those numbers because much time we have for stuff that
small businesses because the Afford-
they’re very, very exciting. doesn’t matter, just political games-
manship. able Health Care Act actually helps
Thirteen million Americans will re- small businesses.
But, you know, I must share this
ceive $1.1 billion in rebates because the Mr. ELLISON. Right.
with you, Congressman. I’m saddened
insurance companies have overcharged
by the fact that our Republican friends b 1810
them. That didn’t happen before this
won’t join with us in this awesome Mr. GARAMENDI. They don’t have
bill. I didn’t have that power, as insur-
good thing that happened to the Amer- the mandate. Small businesses don’t
ance commissioner, to do that; 54 mil-
ican people today. I wish they would fi- have the mandate. But what they do
lion Americans that are in private
nally come around. It’s like, look, you have is an opportunity. They have an
health insurance plans will receive free
know, you fought the health care— opportunity to get health insurance at
preventative services as a result of this Well, first of all, between 2000 and
legislation. an affordable cost, which they’ve never
2006, you had the White House, the Sen- had before. Small business, one-person,
Mr. ELLISON. Fifty-four million— ate, and the House of Representatives.
wow. or husband and wife, perhaps, and two
You didn’t do anything except give a
Mr. GARAMENDI. And, of course, or three employees, it literally was im-
bunch of money to Big Pharma. And
women—millions across this Nation— possible for them to get affordable
we’re trying to fix that right now.
will receive free coverage for com- But all this stuff they talk about. Oh, health insurance for themselves and for
prehensive women’s preventative we want to sell insurance across State their three employees.
health services: Pap smears, breast x lines. We want to do tort reform. They Under this bill, they can get it. It’s
rays and the like. In 2011, 32.5 million could have done all of that. They didn’t subsidized, to be sure. But they can fi-
seniors received one or more preventa- do it because they didn’t want to do it. nally get insurance. And across the
tive services. In 2012, 14 million seniors Now they say that’s what they would State of California and across this Na-
have already received these services. have done, but that’s not what they did tion we’re finding thousands upon
105 million Americans will no longer do when they could have done it. So thousands of businesses for the first
have a lifetime limit on their coverage. there you go with that. time going into the insurance market,
Before this bill was in effect, if you go So now we, the Democrats, went and able to buy insurance, getting coverage
up to $100,000 or $200,000—if you had a took up health care. After many, many for themselves and their employees
serious illness, you could go through years of trying, we get it through. while providing what insurance must
that, bam—that’s it. You don’t get any They fight it tooth and nail. To their do, which is the knowledge and the sta-
more coverage. No longer. No more credit, none of them supported the bility that is necessary for the finances
limits. Lifetime limits are gone. final vote on the Affordable Care Act. of that business to succeed.
Seventeen million children with pre- They were solid and unanimously The other thing—and I’m just going
existing conditions can no longer be de- against conferring the benefits that are to pick up one more that’s very, very
nied coverage by insurance companies; contained in the Affordable Care Act. close to me—in California, the Afford-
6.6 million young adults—what you Well, now they got around to saying able Care Act provided funding for 1,154
were just talking about—you are talk- the bill was unconstitutional. It’s un- clinics. Way back in 1978, when I was in
ing about my daughter. She graduated constitutional. And you heard this hue the California legislature, and in 1976
at the age of 21, 22; lost her insurance. and cry day and night. And they even as a member of the Assembly, I au-
The day after this bill passed, she said, called themselves ‘‘constitutional con- thored legislation to establish the
Dad, can I get back on your policy? servatives.’’ Rural Health Act. And that built clin-
The answer was yes. Actually, it took 6 Well, the constitutional Court has ics in the rural part of California. And
months, but it did happen. 5.3 million said, This bill is constitutional. So you today, as a result of that, there are
clinics all across the State of Cali- tion, when that information was the Phoenix office and the Washington,
fornia, and the Affordable Care Act sought, the administration, the White D.C., office. It didn’t happen.
keeps those clinics in business. House said, No, we’re going to exercise So in terms of an investigation, you
This is where many Californians and executive privilege. Obviously, if the have a partial investigation focusing
across this Nation Americans access President exercises executive privilege, on the end of the story rather than on
the health care system. It’s there in the Attorney General has to abide by the full story. And today, the first time
their community. These are the com- that decision. ever in the history of this Nation, this
munity clinics that are so critically And despite all those facts, today on body voted to hold in contempt a Cabi-
important in providing the health care the House floor the Republican major- net official on a half-baked, insuffi-
that Americans need. The call for re- ity, instead of dealing with jobs, in- cient investigation that purposefully
peal kills these clinics. These clinics stead of dealing with health care, in- ignored calling witnesses that were ac-
will die if this bill is repealed. stead of dealing with renewing the stu- tually engaged in the Fast and Furious
So out across the State, even in the dent loan interest rates, which are operation and who were responsible in
most conservative part of my new dis- about to double; instead of dealing the Phoenix office for that operation.
trict, Colusa County, there are clinics with the transportation bill, which is b 1820
that are dependent upon this legisla- about to expire, we go do a witch hunt
tion and will be able to continue as a on Eric Holder. It’s really too bad. It was a farce. It was a political
result of the Affordable Care Act, found Any thoughts on this issue you care event, and we walked out. Not a good
by the Supreme Court, including Chief to share? day.
Justice Roberts, to be constitutional. Mr. GARAMENDI. Well, I do. And And as you said a moment ago, there
This is constitutional. The legislature, like most of my Democratic col- are things we must do. Men and women
Congress, and the Senate and the leagues, we just walked out of this and families across this country are
President have the power to solve one Chamber and said this is not worthy of hurting. They’re unemployed. They
of the great America dilemmas: The the dignity of the House of Representa- want jobs. They want to go to work.
health care system. tives. And we weren’t going to honor Transportation, where’s the transpor-
Over time, we’ll change this. We’ll this process with our presence. tation bill? We never did get one out of
make modifications. Among those Let’s go back here. The Fast and Fu- this House that was meaningful. We
modifications ought to be an expansion rious programs actually began in the just passed a little thing so we can get
of Medicare, which is efficient, effec- George W. Bush administration, I to conference. It had nothing in it, but
tive, and universally available to every think, around 2005, 2006. And there were it allowed us to go to conference.
American over the age of 65. How good two iterations of it, two different Where’s that bill? How about student
it is. How hard and how determined projects that were underway out of the interest rates, where’s that bill? And
people are—if I can just live to 65, I’ll Phoenix office of the ATF. And they what about the jobs program?
have Medicare. It’s a great program. were trying to find out who the gun- What if the September 2011 proposal
We ought to expand it. We ought to runners were. We’ve all watched the that President Obama put forward, the
make it universal. Western movies and the gunrunners. American Jobs Act, what if we had
Mr. ELLISON, I don’t know how much Well, there are American gunrunners taken that up? Three million, 4 million
time you have. that were running guns to the narco Americans would be working today.
Mr. ELLISON. We’ve got about 30 folks in Mexico. We wanted to find out What if we had done that? But it didn’t
minutes or so. what is going on here, where are these happen. Our colleagues on the Repub-
Mr. GARAMENDI. Well, there are guns coming from. And that was, once lican side refused to bring it up in this
things we can talk about. again, during the George W. Bush ad- House and refused to allow it to be
Mr. ELLISON. I would actually like ministration and had gone on for 2, 3 brought up in the Senate. That’s sad.
to take up what happened with Eric years. That’s a very sad thing for America. It
Holder today. The Obama administration comes in. is one of the great ‘‘we should haves,’’
Mr. GARAMENDI. Let’s talk about Eric Holder is chosen as Attorney Gen- but we were prevented from doing so.
that. eral. And the program continued. The Mr. ELLISON. Well, Congressman, I
Mr. ELLISON. The Holder case, Eric tragedy occurred. An agent was killed. have some obligations that require me
Holder, when he came in office, this And from there, Fast and Furious—this to curtail our hour a little early. You
program, the Fast and Furious, was on- is now what we call the walking of the can carry on if you like.
going. It was a gunwalking program. guns—became known. Eric Holder shut Mr. GARAMENDI. Well, I, too, must
The original theory was that if you put it down. In that process, a letter was go. But I thank you very much for al-
some guns into the stream of com- written to the Senate committee say- lowing me to talk about three very im-
merce, then you can find out who’s ing that it didn’t exist. Clearly, an portant things. I appreciate that, Mr.
buying them, who’s selling them, and error, I am told. But this House doesn’t ELLISON.
try to get to the bottom of some of know today. Never investigated by the Mr. ELLISON. You are famous for
these cartels that trade in illegal guns, committee. But I am told that there nailing the need for a greater invest-
straw purchasers and so forth. Well, it was information that the office in ment in manufacturing and supporting
was a poorly conceived plan, and trag- Phoenix, Arizona, misled the office in American jobs, and I thank you for all
edy occurred. A border enforcement of- Washington, D.C., and a letter was sent of the great work you’re doing.
ficer, Officer Terry, was killed as a re- forth that was incorrect. That should Mr. GARAMENDI. You must mean
sult with one of these guns. We all be the subject of the investigation: Make It in America. Spend our tax
pause in his honor and offer our sincere What happened here; what actually money on American-made equipment
condolences to his family. went on in Arizona. and jobs, not on Chinese or Japanese or
When Attorney General Holder found Not one witness from the actual op- anybody else, but on American jobs.
out about this program, he shut the eration was called to testify. Not one. We can do that.
program down. But then, of course, as So this is really a very strange and Mr. ELLISON. We can do it.
facts came to light, it is a legitimate botched investigation. If you want to Let me wrap up by saying it has been
source of investigation. And he sub- get to the bottom of it, you’ve got to a great evening, a great day for the
mitted to nine hearings, 8,000 pages of talk to the people that actually did it. American people. The Affordable Care
documentation. But when it finally got It didn’t happen. The Democrats on the Act has been vindicated in the Su-
down to it, when there was information committee demanded several times: preme Court. Unfortunately, the day is
that was of a deliberative nature—not Bring forth the people who did the Fast somewhat marred by the unfortunate
on the facts of what happened to Offi- and Furious from the Bush administra- behavior of the majority in trying to
cer Terry, but just exchange of infor- tion into the Obama administration. go after Eric Holder. Nonetheless, it’s
mation—and pending criminal informa- Bring them forward. Get their testi- another day in Washington.
tion, which everyone in this room mony. Find out what happened. Find The Progressive Caucus will be back
should know is not for public consump- out about the communications between next week. Thank you very much.
I yield back the balance of my time. Mr. Speaker, I would like to first the monetary penalty for failure to pay
f yield to the gentleman from New Jer- is in fact a tax or not. But even if we
sey (Mr. GARRETT) to get his insights accept the penalty as a tax, as the
APPOINTMENT AS MEMBER TO
on today’s decisions. Court has rewritten the law to be, such
UNITED STATES-CHINA ECO-
Mr. GARRETT. Mr. Speaker, I thank a tax is still unconstitutional for many
NOMIC AND SECURITY REVIEW
Mr. GRAVES for leading the floor to- reasons.
COMMISSION
night on this very important matter. First, the Constitution lays out three
The SPEAKER pro tempore. The He joins me, I’m sure, in saying that types of permissible taxes. This tax is
Chair announces the Speaker’s ap- we’re all extremely disappointed that not accessed on income, so it is uncon-
pointment, pursuant to section we have to come to the floor tonight stitutional in that regard. This tax is
1238(b)(3) of the Floyd D. Spence Na- and that the Supreme Court ruled not assessed uniformly and is triggered
tional Defense Authorization Act for today that the Commerce Clause does by economic inactivity so it is uncon-
Fiscal Year 2001 (22 U.S.C. 7002), as not support the individual mandate, stitutional in that regard. And the tax
amended, and the order of the House of but it may be upheld within Congress’s is not apportioned among the States by
January 5, 2011, of the following mem- power to lay and collect taxes. population, so it is unconstitutional in
ber on the part of the House to the So what we have found today is that that regard.
United States-China Economic and Se- Congress cannot use the Commerce Even more importantly, the Con-
curity Review Commission for a term Clause to compel you to do something. stitution does not grant Congress an
to expire December 31, 2014: But, instead, Congress can tax you into independent power to tax for any pur-
Mr. Peter Brookes, Springfield, Vir- submission. It should have been crystal pose that it wants. Taxing to provide
ginia clear that the Commerce Clause, which for the general welfare does not mean
f grants power to Congress to enforce there is limitless power of Congress to
SUPREME COURT HEALTH CARE free trade pacts amongst the States, tax. Rather, it means that a tax must
DECISION could not use that clause to regulate be for a national purpose to achieve the
The SPEAKER pro tempore. Under it. ends that are outlined within the enu-
the Speaker’s announced policy of Jan- If Congress can force you to purchase merated powers.
uary 5, 2011, the gentleman from Geor- a product, then there is nothing gov- Now, this is not only my view; this
gia (Mr. GRAVES) is recognized for 60 ernment cannot force you to do. This was the view of James Madison, who
minutes as the designee of the major- would have been a violation of your in- ought to know a little bit about the
ity leader. dividual liberties as well as the con- Constitution since he is the man most
Mr. GRAVES of Georgia. Mr. Speak- stitutional doctrine of enumerated responsible for it.
er, I rise today with a group of col- powers in which Congress is only given There is nothing about the individual
leagues of mine to speak in contrast to few and specific powers. mandate defined as a tax that is sanc-
what we just heard. It is shocking to As the Supreme Court’s syllabus of tioned by the Constitution.
me, not only the news of today and the this case states: But we have strayed far from the
continuation of the overreach of the The Framers knew the difference between Constitution of the Founders. No
Federal Government, but to hear col- doing something and doing nothing. They longer is the ability to tax constrained
leagues on the other side of the aisle gave Congress the power to regulate com- by the limits imposed by that great
who are advocating for the Progressive merce, not to compel it. Ignoring that dis- document. The growth and power of
tinction would undermine the principle that this government would render it not
Caucus, the progressive movement in the Federal Government is a government of
this Nation celebrating, truly cele- only unrecognizable, but also repulsive
limited and enumerated powers.
brating the Supreme Court ruling of to the Founders.
But the Supreme Court instead told Madison and his fellow revolution-
today which allows the Federal Gov-
ernment to continue reaching into the us that Congress has the power to tax aries worried about the growth of gov-
homes of American families all across and tax and tax until you submit to it. ernment and the yielding of liberty.
this country in a way that has never Is this at all consistent with the The writings they left for posterity are
been done before, and granted so much founding principles of this country? full of warnings about the fragility of
more taxing power that has never been Did those brave patriots who fought in limited government. Madison believed
granted before, and yet they celebrate. the Revolutionary War and faced es- Republican governments would perpet-
And they used a lot of different trangement from their families, who ually be on the defensive against the
terms, like ‘‘charting the new course.’’ endured British cannon fire and mus- encroachments of aspiring tyrants.
That was a phrase that was used by the ket fire, weathered freezing winters John Adams agreed when he said, ‘‘De-
Progressive Caucus here just a moment and blazing summers, marched without mocracy never lasts long.’’
ago—charting the new course. One has shoes, slept without blankets, and suf- And perhaps the most famous quote
to wonder: What is this new course? It fered perpetual starvation all so that of all was Ben Franklin at the Con-
has been a course that the progressive Congress could tax the people to form stitutional Convention when he said we
movement has been on now for nearly their behavior in Congress’s image? have produced ‘‘a republic, if you can
a century; and today they are cele- Did the Founders, who objected to keep it.’’
brating that course continuing to be the Stamp Act, the Sugar Act, and the And now, 225 years later, we have ar-
charted, and that is a course of more Declaratory Act, which led our great rived at this moment.
government and less liberty. And that Nation to revolt, risk the charge of We should strive to restore the free
is what this decision was all about treason and put their lives, fortunes, society of our Founding Fathers that
today. It was about empowering gov- and sacred honor at risk, all so that they fought for. If liberty is our goal,
ernment and not empowering the they could replace one King who de- the Supreme Court has failed the
American people. It is about creating manded more taxation, and now re- American people. And so although we
more government and less liberty. place it with a President who demands come here tonight extremely dis-
That’s what the decision reflected more taxation? No. appointed that the Supreme Court did
today. We are Americans, citizens of a con- not rise to the defense of the Constitu-
I am joined today by many good stitutional Republic where individual tion, I can take solace with the knowl-
friends here in the House of Represent- liberty is our birthright, won by our edge that the people of this country
atives who are on the side of liberty. Founding generation’s sacrifices. We will.
They’re on the side of the American are not and shall never be mere sub-
taxpayers, and they’re on the side of jects of a government that can tax its b 1830
the private sector. They believe in free way to tyranny. And disturbing as it is, See, the Americans of this country
markets and capitalism and profits and there are many problems with this ma- revere the Constitution, and they will
success and dreaming, and they don’t jority Court’s rationale. not let it be trampled upon. They long
think that the Federal Government has You see, the Obama administration cherish their liberties. They will not
to get in the way of any of that. has been confused as to whether or not surrender them without a fight.
Since the enactment of ObamaCare, I go to judicial conferences—about how So he goes on to conclude that since
have seen the tireless efforts of patri- to write opinions and things, never to Congress says in ObamaCare, the Af-
ots, both in my district, in the State, the level of the United States Supreme fordable Care Act—boy, is that a mis-
and across the country, trying to re- Court. But as a certified member of the nomer, the Affordable Care Act—since
peal ObamaCare. I am inspired by their United States Supreme Court Bar, you Congress calls it a penalty, then Jus-
passion, by their determination to de- follow the holdings of the courts. tice Roberts and the majority say it’s
fend the Constitution. This generation So it’s been with great interest, after not a tax; it is a penalty.
of Americans will not allow history to I got my wind back from having found So around page 15 or so, 15, 16, they
say that we presided over the demise of that Chief Justice Roberts wrote the come around and say—I guess, 15, okay:
the American experiment in limited opinion for the five-person majority, Congress made clear that the penalty
government. okay, so we start going through the is what it is—not a tax. Therefore, the
Now, it is true that the struggle opinion. Let’s see how in the world he Anti-Injunction Act does not apply, so
against ObamaCare has been long and came to this conclusion. our Court has jurisdiction. As he says,
difficult and sometimes met, as today, Well, I’ll be very brief in jumping the Anti-Injunction Act, therefore,
with disappointing results. But for through, even though it’s a very long does not apply to this suit since it’s a
those of us who still believe in our opinion, including the dissents. But the penalty and not a tax. Therefore, as he
founding principles, I offer some advice first thing that the Court had to con- says, we may proceed to the merits.
from Thomas Jefferson, who said, ‘‘The sider is the Anti-Injunction Act that Okay. So he clears it’s a penalty; it’s
ground of liberty is to be gained by was passed by Congress years ago that not a tax. Because if it’s a tax, they
inches.’’ makes very clear that the Supreme can’t do anything; they’ve got to throw
So we stand here tonight all to- Court cannot take up any issue regard- it out. Okay. So it’s a penalty, not a
gether, pledging to work alongside the ing a tax unless the tax has actually tax.
people of this great Nation who will been levied and someone required to So then he goes on, after page 16, he
fight inch by inch in defense of the pay the tax, and then someone against goes on in the majority opinion to dis-
Constitution, and we will repeal whom the tax has been levied—required cuss this issue of whether or not it vio-
ObamaCare. Mr. Speaker, ObamaCare to pay that tax—files suit, that person lates the Commerce Clause, this pen-
must be repealed entirely, because if it then has standing. Well, under alty. He comes to the proper conclu-
is not, the constitutional Republic and ObamaCare, if the mandate is a tax, sion that if Congress can mandate a
the safeguards of our natural rights the penalty is a tax, then the Anti-In- penalty for not buying a product,
through limited government will be junction Act would kick in and no one there’s nothing to stop Congress from
lost. would be allowed to have standing be- intruding in every area of individual
Mr. GRAVES of Georgia. I thank the fore the Federal district court, court of Americans’ lives.
gentleman from New Jersey for your appeals, and certainly not the U.S. Su- It’s mentioned in this opinion that
inspirational remarks reflecting back preme Court. the main purpose—one of the two main
on the history of this country and the So the first thing the Supreme Court purposes is to bring down the cost of
great leaders and the Founders and the had to get past was the issue of: Is this health care. The Supreme Court thinks
principles which this Nation was based penalty a tax? Because if it’s a tax, that’s a legitimate reason to pass an
upon. While the erosion continues—and then the Supreme Court must throw act, bring down the cost of health care.
we’ve seen more of it even today with this case out, announce that the plain- But Justice Roberts and the majority
the ruling—the resolve is even strong- tiffs in these cases have no standing— decide it would violate the Commerce
er. and will not until around 2014—until Clause, because if you can force indi-
So to those that may be listening or such time as the tax is levied. vidual Americans to buy a particular
watching, you can know that there is a So the Court goes through, and if product in order to bring down the cost
group of Members in the House of Rep- anybody prints out the decision, you of health care, you can order anything.
resentatives that are not going to let can look at pages 11 through 15 specifi- You and I can be ordered to join a gym
up, that are going to be fully resolved cally where they discuss the Anti-In- and to start exercising X number of
to repealing ObamaCare in its entirety, junction Act. They point out just, in hours a week.
pulling it out, each and every root of essence, what I have hopefully clari- We’re told that the Federal Govern-
this legislation, and empowering the fied: If it’s a penalty, then the Court ment does not monitor debit card and
people and not empowering govern- can take it up. If the penalty that you credit card purchases—although, sup-
ment. Because, why? Because this is must pay for not buying the insurance posedly it could. Well, if it has a duty
not a government of the Court, by the is a tax, then this case goes out, no Su- to bring down health care costs and it
Court, or for the Court. This is a gov- preme Court decision for at least 2 to 4 has the ability to watch your pur-
ernment of the people, by the people, years. chases, and, under ObamaCare, the
and for the people, and I am convinced So Chief Justice Roberts—brilliant Federal Government, through their re-
that the people will have their voice man, there’s no question he’s a very lationship with General Electric—
heard in the next few months. brilliant intellectual—he indicates this sweetheart deal they did with GE—
So as we heard from the progressives and says: they’re going to hold everybody’s med-
earlier in their continued march down Congress’s decision to label this exac- ical records. So if they’re holding
this new chartered course of more gov- tion a penalty rather than a tax is sig- everybody’s medical records, then I
ernment and less liberty, we are thank- nificant because the Affordable Care don’t know why they wouldn’t go
fully joined tonight by a great friend of Act describes many other exactions it ahead and monitor everybody’s choles-
liberty and a great advocate of liberty, creates that are taxes. terol rate, blood pressure, things like
and that is Louis Gohmert from Texas. And he says this: that.
I’d like to yield to the gentleman Where Congress uses certain lan-
from Texas. guage in one part of a statute and dif- b 1840
Mr. GOHMERT. I sure do appreciate ferent language in another, it is gen- And so it could conceivably get to
my friend from Georgia. He is an abso- erally presumed that Congress acts in- the point where, gee, you get a letter
lute patriot, standing for truth, jus- tentionally. from the government that says, we no-
tice, and what used to be the American So he goes on and he says: tice your cholesterol rate’s up to 250 or
way. It is, according to the Supreme The Anti-Injunction Act and the Af- so and we notice you bought bacon this
Court, not so much anymore. And I ap- fordable Care Act are creatures of Con- weekend. What were you thinking? You
preciate the gentleman for yielding. gress’ own creation. How they relate to know, you’ve got to take that back.
I’ve been going through this decision, each other is up to Congress, and the You can’t keep bacon.
and having been an attorney—and I’ve best evidence—the Supreme Court’s Anyway, there’s no limit to what
been a prosecutor and a judge and a words, Justice Roberts’ words—the best Congress can do to intrude in people’s
chief justice. It was a small, three- evidence of Congress’ intent is the stat- lives. And I’d point out to my friend
judge court, but you learn things—you utory language, the statutory text. from Georgia, liberals are constantly
on the protection of bedroom privacy After finding that it’s not a tax, it’s It doesn’t make sense that a man
rights. I really thought that once they a penalty, then Chief Justice Roberts that smart would have a product this
fully examined the potential effect of comes over to page 39 and he says, the poor, using first person, criticizing an-
ObamaCare, they would be standing joint dissenters argue that we cannot other justice in the majority with him,
down here with you and me and my uphold section 5000(a) as a tax because then saying what he would do. Well, he
other friends hear, Louisiana, Georgia, Congress did not ‘‘frame it’’ as such. is doing, he’s writing the majority
they’d be out here saying, wait a And then he goes on and he says, la- opinion. He has no business saying
minute. If the government has the bels should not control here. that.
right to order us to do or not do acts or What? He just said before, Congress’ And then he goes through, it says the
buy or not buy products for the sole own expressed written intent is the States also can end Medicaid, expan-
purpose of bringing down the costs of best evidence of what their intent is. sion exceeds authority under the
health care, there are studies that say And yet, now he comes over here, page spending clause. But basically he
some certain relational activities cre- 39 and says, wait, wait, wait. We have comes back and upholds it, and then
ate more risk for health care problems to look at what the intent is, but labels strikes down that you can’t force the
than others, so if this is true, the Fed- should not control. States to do these things.
eral Government would have the right So then he goes through and makes But, I remind my friends, the Presi-
not only to invade the kitchen and the this ridiculous argument that it is a dent says it’s absolutely not a tax. The
bathroom, but head straight to the tax. And he says over here, page 44, the only way this bill gets upheld is if the
bedroom and dictate people’s rights. Affordable Care Act’s requirement that Supreme Court finds it is a tax after
I didn’t want to go there, and I felt certain individuals pay a financial pen- they find jurisdiction by saying it’s not
like once we found out that Chief Jus- alty for not obtaining health insurance a tax.
tice Roberts makes clear, this is a pen- may be reasonably considered as a tax But this is the same President who
alty, not a tax, it violates the Com- because the Constitution permits such said, if you like your health insurance,
merce Clause to force people to buy a tax. It’s not our role to forbid it or to you’re going to keep it. He said, if you
product like this, you would think that pass upon its wisdom or fairness. like your doctor, you can keep your
would be the end of it. But then, one of the big mysteries in doctor. We found those were lies.
But then Chief Justice Roberts goes this brilliant man’s opinion for the ma- He said, it’s going to bring down the
on, and it doesn’t make sense because jority uses the first person pronoun, I. cost of health care. In every indication
then he begins to say, well, it violates Now, you know, anybody that’s been a we’ve seen, insurance has dramatically
the Commerce Clause, but does it vio- judge, normally you go to judicial con- gone up. And I get tired of hearing peo-
late the Tax-and-Spend Clause? ferences, you have seminars, you have ple say, because their memories are
And then he goes through and makes training in writing style. If it’s an indi- poor in here across the aisle, well, look
a case for saying, it’s not a penalty, vidual judge, sole court opinion, then at the good things in here. Twenty-six
it’s a tax. And he’s already told us that you’ll write it one way. If it’s a mul- year olds can be on their own parents’
the best way to tell what it is is to tiple justice opinion you write it an- insurance. Gee, you can buy insurance
look what Congress called it. And I other way. across State lines because of us. We’ve
think, in this case, not only look what You see first person pronoun I in dis- taken care of the unfairness that some
Congress called it, look at what the sents, even though it’s really not the insurance used with preexisting condi-
President called it. best grammar to use pronouns in dis- tions as an exclusion.
I just happen to have a partial ex- sents. But you don’t see them in well- But I would encourage my friends, I
cerpt or an excerpt from the transcript written majority opinions. And Chief know my colleagues here remember,
of a show the President did with his Justice Roberts is one of the best lin- back when they had the House, they
friend, George Stephanopolous. And guists we’ve had on the Court. had the Senate majority, they had the
Stephanopolous is asking him about it And he takes Justice Ginsberg to White House, Republicans, many of us
and said, you know, under this man- task a few different places in the ma- begged them, let us do some bipartisan
date, the government’s forcing people jority opinion, and yet, she is one of bills together because we can agree.
to spend money, fining you if you his voting justices to support the ma- It’s not a problem to let 26-year olds
don’t. How is that not a tax? jority. That doesn’t make sense. stay on your parents’ insurance. Heck,
Well, President Obama goes on and You don’t normally see one justice the insurance companies love that be-
he lays out all this weak gibberish, and writing the majority opinion take off cause they are usually healthy. It’s not
eventually gets—Stephanopolous inter- and criticize someone who’s voting a big cost. So we were going to be able
rupts him and says, okay, that may be, with him. That doesn’t make sense. to agree on that.
but it’s still a tax increase. And the But here at page 44 he says, Justice It was a Republican, heck, John
President said, that’s not true, George. Ginsberg questions the necessity of re- Shadegg is the first one I ever heard
For us to say that you’ve got to take jecting the government’s commerce saying you’ve got to sell insurance
responsibility to get health insurance power argument, given that section across State lines. That was a Repub-
is absolutely not a tax increase. 5000(a) can be upheld under the taxing lican idea, so of course most of us sup-
The President also says, nobody con- power. ported that.
siders that a tax increase. He says, Chief Justice Roberts, ma-
He’s not done making clear the will jority opinion, but the statute reads b 1850
of the Congress and of the President, more naturally as a command to buy As for the preexisting conditions,
who pushed this bill to make it his insurance than as a tax. So now he’s most of us are aware of circumstances
shining bill that he had passed through back to what he originally said before in which insurance companies have
Congress. Stephanopolous goes on and he says it is a tax. been grossly unfair in using that exclu-
says, I want to check for myself, but And then he says this: And I, Chief sion. We were prepared to reach some
your critics say it’s a tax increase. Justice Roberts, would uphold it, talk- agreements and have bipartisan, stand-
President Obama says, my critics say ing basically of future perfect tense. I alone bills. I know that my friend Dr.
everything is a tax increase. would uphold it as a command if the PRICE out here had some concern about
Stephanopolous: But you reject that Constitution allowed it. I would uphold health care, his having devoted his life
it’s a tax increase. it. to it before government, trying to fix
President Obama says, I absolutely He’s writing for the majority. There’s what government had done to health
reject that notion. Not a tax increase. no reason for him to have the first per- care. People have been concerned about
So you would think that if Chief Jus- son pronoun ‘‘I’’ there. It doesn’t make it. We were willing to agree on these
tice Roberts and the majority, the sense. I don’t know. Maybe this part he things, but they would not have it.
other four, are going to uphold the was writing as a dissent, and all of a So to say without ObamaCare we
President’s prize bill, he might accept sudden found himself in the majority, don’t have these other things is simply
what the President said he’s done in and amazingly, nobody caught this not true, and it forgets current history.
this bill. But oh, no. problem of style in writing the opinion. We were ready to agree on standalone
bills. They didn’t want a bipartisan In just thinking about the difference street from here, they said that, even
agreement. They wanted the whole between ‘‘tax’’ and ‘‘penalty,’’ I guess though you have a right to do some-
brass ring and to shove it around our one way to find out is, who do you send thing, the decision to exercise that
heads, around our necks, and eventu- the check to, right? I mean, where is right will incur a tax. The decision to
ally down our throats, and that is what the bill coming from? I imagine it’s exercise that right, said the Chief Jus-
has happened. I’ve been amazed at how going to be from the Internal Revenue tice of the U.S. Supreme Court, will
many people have picked up laws and Service. I remember being on the Ap- incur a tax.
started reading them, and I would en- propriations Committee and having the Can you imagine the limitless possi-
courage them to read this opinion. It’s IRS before us. It was wanting hundreds bilities for Washington? Why not ex-
a very, very strange opinion. It con- of millions of more dollars to hire more tend this interpretation to other parts
tradicts itself on so many levels. people for the implementation of of the Constitution? For example, why
ObamaCare takes away religious ObamaCare, and now we all know why, not tax the exercise of your First
freedom. I’m Baptist. I see what and we know what that agency or that Amendment rights?
they’re doing to the Catholics, and I department collects.
don’t want to someday say, ‘‘I saw Sure, you’ve got First Amendment
So here is the crux of the decision rights. Send your Member of Congress
what they did to the Catholics, and I today:
remained silent,’’ and eventually there a letter, but pay a fine to the govern-
While the Court might have said,
was nobody to object when they did it ment. That makes sense under this rul-
well, the Federal Government can’t tell
to me. We all have to stand together, ing. Sell a newspaper or publish a blog.
you what to do, they can sure as heck
and I’m grateful to stand with my Don’t forget to tell the IRS and the
punish you through taxes if you don’t
friends. new 16,500 agents they want to hire to
do what they want you to do, which is
One other comment. I heard my Dem- enforce it. What about a right to a fair
to be followed up here by my friend
ocrat friends before we spoke say, with- and speedy trial? That’s guaranteed,
from Kansas (Mr. HUELSKAMP) who has
out this ObamaCare bill, these clinics but you know, that’s yours to have but
got some great insight.
will die. for a fee.
Thank you for joining us.
There have been clinics before the Mr. HUELSKAMP. Thank you, Con- That’s the lack of logic. For average
ObamaCare bill that helped. We have gressman GRAVES. I appreciate your Americans who love their Constitution,
some in my district, and they’re doing leadership. Sometimes we wish there these are guaranteed. They’re not al-
wonderful work. They need more help. had been someone like you on the lowed to be imposed if you pay the fine
The best are, really, charitable institu- Court today. or the fee.
tions. The clinics are not going to die. Actually, before we forget, as for one One thing in particular I want to
What came from the President’s of the five votes that upheld talk about, Congressman GRAVES, is
mouth and was also in his town hall ObamaCare, in any other court of law, that, in addition to this health insur-
was when a woman in the White House, that Justice would have recused her- ance mandate tax, the President’s
as part of the town hall, said, Mr. self. The decision might have only been health care law creates what is clearly
President, at an advanced age, my 4–4. Justice Kagan should not have a religion tax. A religion tax? Yes, you
mother got a pacemaker. If the doctor heard me right, and it’s even if you
been in on this decision. In any other
had not met her, the cardiologist was morally or ethically disagree with
court, she would have been recused. If
not going to let her have a pacemaker.
a lawyer had refused to recuse himself something being promoted.
After he met her, he said, absolutely,
as a judge, he would have been vio- Right now, HHS Secretary Kathleen
and she has lived years beyond that
lating ethical rules. Every attorney in Sebelius and former Governor of Kan-
since she has had a pacemaker. So
this country knows that, including the sas, look at her record. Most Ameri-
would you consider someone’s quality
Chief Justice, and they said nothing. cans would completely disagree with
of life under your panels—we know
Do you know what? I’m not here to her moral views, but if you disagree
they don’t want to call them ‘‘death
talk specifically about that. You with her mandates of the President’s
panels,’’ but whatever you want to call
talked about taxes. Our other Con- health care plan, it doesn’t matter.
them—will they be able to consider the
gressman friend did as well. You will still have to pay for it. If you
quality of life that people have before
In this bill, there are 21 tax increases dare to follow your conscience and,
they agree or disagree to let them have
by the definition of the Court, but I maybe, actually practice your faith or
a procedure?
The President beat around the bush want to talk about two in particular no faith whatsoever and refuse to par-
as he did with Stephanopoulos—and because I believe, when we look back ticipate, you will be fined. Why? You
you can find the transcript. It’s avail- on the American system of a once lim- will be taxed because of what you be-
able on the Net—and ultimately said, ited government, this day, June 28, lieve and your desire to live it out. You
You know, maybe we’re just better off 2012, will stand as the definitive date in will be forced to give your hard-earned
telling your mother to take a pain pill. the advance of government tyranny. In money to the IRS in Washington, D.C.,
You don’t get a pacemaker. You don’t today’s ruling, a slim majority of the because of what you believe. That, my
get these additional years of life. You Court turned the Constitution on its friends, is a religion tax. It’s a faith
get a pain pill. head and ruled that the Federal Gov- tax. It’s a direct attack on our freedom
So, when our friends across the aisle ernment, in effect, can force upon the of religion.
tonight say that the clinics will die, I American people anything it darned Now, today the Court didn’t rule on
would humbly submit that, based on well pleases so long as it’s called a that. There are dozens and dozens and
the President’s own words, it’s not the ‘‘tax.’’ dozens of lawsuits coming on about the
clinics that will die under this bill. Let’s not forget that, when our
HHS mandate coming out of
I thank you so much for your gen- Founding Fathers put everything on
ObamaCare. This is the start: a tax on
erous yielding of so much time. It’s a the line, risking life, limb, and prop-
religion.
bad opinion, and I appreciate having erty to make us an independent Na-
tion, they did so in order to ensure that I have an employer who sent me an
the time to walk through some of it.
Mr. GRAVES of Georgia. I thank the no man was taxed without representa- email. He said, Well, Tim, everybody is
talking about the individual mandate.
gentleman from Texas for walking us tion. They also asserted that every
through the opinion. man and woman has inalienable rights What about the employer mandate? I
I hope all those who are viewing this that are not to be violated by the gov- don’t want to cover abortions for my
understand that this is about a tax ernment. They enshrined these con- employees. I refuse to participate.
now. This is a new taxing authority, in cepts in the Declaration of Independ- He will be fined $3,000 at a minimum
essence, a broadening of the taxing au- ence and, ultimately, in our Constitu- for every single employee. Why? Be-
thority. As Mr. GOHMERT brought up, tion. cause of what he believes.
this is unheard of. We will now have a Today, in my opinion, the Supreme That’s why we started this country—
Federal Government that can do what- Court offered a perverse interpretation for freedom to believe as we ought, not
ever it wants to do through taxation. of the Bill of Rights. Just across the as the government or as the king or as
the Chief Justice would have us be- We’re leading the world, and now is now to turn to its taxing power, as Mr.
lieve. But they didn’t address this di- the time to take back our government, HUELSKAMP said.
rectly in this decision; they’ll be com- take back our Constitution, and take This law was sold to us as a mandate
ing. This is a shocking attack, I be- back power out of Washington, D.C. and not a tax. It was reaffirmed by the
lieve, on the first supreme right in the I appreciate the leadership of the President that this is not a tax. Yet,
First Amendment, which is the right to gentleman from Georgia. when the arguments were made to its
believe in and follow the God one Mr. GRAVES of Georgia. I thank the constitutionality, this administration
chooses. gentleman from Kansas for your words. took the position that it was a tax, and
Regarding unintended consequences, the Court agreed.
b 1900 Let’s see the taxes. In 2010, an excise
I can tell you there are going to be an
The Supreme Court may not have amazing amount of unintended con- tax on charitable hospitals was en-
dealt ObamaCare the death it deserved, sequences with the Affordable Care acted; the codification of the economic
but it’s incumbent upon each and every Act, which I’m not sure that we can substance doctrine; a tax hike of $4.5
one of us here in Congress and each and call it that anymore. I think it’s more billion was implemented; a black liq-
every American. I would have loved to like the Limited Care Act. It’s the uor tax hike, a tax that increases on
have witnessed a home run, knock it Very Expensive Care Act. the type of biofuel; a tax on innovator
out of the park and say it’s clearly un- For the Progressives that were here drug companies was enacted; a
constitutional. Again, if Justice Kagan earlier—and I know many folks lis- BlueCross/BlueShield tax hike was en-
had been ethical, it would have been a tened to them—they were celebrating. acted; a tax on indoor canning services
4–4 decision. They didn’t worry about They were excited. They were happy, was enacted; a medicine cabinet tax, so
that. Ethics doesn’t matter. It’s just gleeful; whereas, we’re lamenting but that Americans are no longer able to
the end. It’s kind of the Progressive resolved to do away with this once and use their FSAs, flexible spending ac-
Caucus approach. The end justifies the counts, or HRAs, their health reim-
for all.
means, but not in America. Why would they be gleeful? Because bursement pretax dollars to purchase
I ask all Americans to realize this de- nonprescription over-the-counter medi-
it’s their movement. That’s what
cision is not about health care. It’s cine was implemented; the HSA with-
they’ve been trying to do now for al-
about liberty. When we have created draw tax hike was implemented; a tax
most 100 years, and that is increase the
and designed a method by which future
size of government, get it into the lives that will take effect this year, the em-
Congresses, future Presidents, can get
of the American people, dictate their ployer reporting of insurance on W–4s.
around any limit in the Constitution— Where are they going with that, Mr.
the Constitution is a limit on my behavior, and limit freedom.
I read recently that part of their GRAVES? Where are they going with
power, on every power of every Member that?
in this Chamber and every Member agenda is to divorce the Declaration of
Independence and the Constitution. Remember, not long ago we had a big
across the way and every President of debate about that, that now we’re
the United States. That’s what the But to use one and to prop up on that
one so they can almost sort of claim going to report to the IRS the amount
Constitution does. It doesn’t empower of your insurance policy that your em-
us. It takes away our power. that they are for the founding of this
Nation—and we heard earlier when ployer gives you on your W–4, because
This Court today has said, if you call
they used the Declaration of Independ- they want to tax that as income.
it a tax, if you use those three words— And then taxes that will take effect
even though the Chief Justice says ‘‘la- ence: life, liberty, and the pursuit of
happiness. They were celebrating that in 2013: a surtax on investment income;
bels don’t matter.’’ He said labels don’t a hike in the medical payroll tax.
matter, and then he turns around and this was the right bill to be in law be-
cause of life, liberty, and the pursuit of Wait, the medical payroll tax? I
says the word ‘‘tax’’ does matter. If thought we had a payroll tax holiday.
you do that, it makes it suddenly con- happiness. If you can claim that with
this legislation, there are no bounds in Not in 2013. We’re going to get an in-
stitutional—anything you do, includ- crease.
ing attacking the very faith that is which you can go with this Federal
A tax on medical device manufactur-
held by the Chief Justice himself. It Government, there are no limits.
ers; a flexible spending account cap
says, You cannot hold that faith, Mr. As the gentleman from Kansas just
that is going to affect those parents
Chief Justice, unless you’re willing to raised, this is clearly not about health
who have special needs kids.
be fined by your own government. care. This is about freedom, and this is So those parents who have special
That is a travesty of justice in this about liberty and preserving it for fu- needs kids that the other side of this
country. ture generations. aisle claims to always want to rep-
What this means is we cannot over- I would like to yield to the gen-
resent, this health care law is now
turn this with this President in the tleman from Louisiana (Mr. LANDRY).
going to tax.
White House. This has taken an issue, Mr. LANDRY. Thank you, Mr. An elimination of the tax deduction
and people are ready to work on it and GRAVES. for employers that cover prescription
say, You know what? This is going to Mr. HUELSKAMP was just on the
drugs; a $500,000 annual executive com-
be the issue for November 6. This is the mark. I will venture to say that to-
pensation limit; an individual mandate
choice. Do you want the government to day’s ruling actually extinguishes the
excise tax; an employer mandate excise
mandate and control everything in fire of life, liberty, and the pursuit of
tax; a tax on health insurers.
your lives, as long as they use that happiness. It destroys life, liberty, and And last but not least, in 2018, an ex-
magic word? They love to use the that pursuit. cise tax on comprehensive health in-
‘‘tax’’ word. If you allow them to do The question today for this country surance plans, which will affect union
that, you allow them to be in every can best be summed up by President employees.
part of your life, which is an absolute Ronald Reagan when he said, back in This ladder of success that we had in
contradiction to what this country was the 1960s, in a speech: this country has now had three rings of
founded upon. Will history write that those who had it removed, because now the govern-
I appreciate the leadership of many the most to lose did the least to pre- ment tells the individual, if you live
in this room. I am just a freshman. I vent it from happening? below a certain poverty line, you will
was not here when this debate started This is a sad and tragic day for the be given food, shelter, and now health
last time, as some of these colleagues Constitution. Where are the limits of care tax free, no requirement by you
who have been fighting all along. But I our government? While the Court has who is receiving these, to pay anything
tell you, if the folks in the First Dis- answered that the Commerce Clause back to the government, zero.
trict of Kansas are any indication of does have its limits and gives us that
what Americans are saying all over, ruling, it takes away by saying that b 1910
this is the time. They’re going to dust Congress has unlimited taxing power. What is the incentive to climb? Be-
off that Constitution. They’re going to Its limits are unlimited. I guess that cause the moment you start to climb,
read it and say, My goodness. I don’t Congress now, when it sees fit to regu- you lose these amenities and the gov-
want to lose this. It’s too precious. late an issue, an industry, need only ernment starts to take from you. So
the decision becomes, can I jump high but goodness gracious, they can fight the rule of law, to uphold the Constitu-
enough to grab a rung so that I can to raise taxes on what we don’t do. In tion, and to adhere to those funda-
then start paying back and get more of fact, if you don’t do something, then mental principles, especially in health
the amenities that the government was the Federal Government can say, Oh, care—the principles of affordability
giving us and I was provided? you’d better do that or we’re going to and accessibility and quality and
Let me conclude as I began, by ask- raise your taxes. And that is exactly choices for the American people.
ing: Will those who have the most to what the Court said today, which The bad news was written today. The
lose do the least to prevent it from confounds and astounds everybody. good news is that you can solve all of
happening? And as I spend time in this I was privileged to sit in the Court these challenges in health care without
city, I have come to realize that the gi- today, though, and hear the reading of putting the Federal Government in
ants of America who have been memo- the ruling, and Chief Justice Roberts charge of the thing. We’ve got the solu-
rialized for their great contributions to said one thing that I found very, very tions. We’ve talked about them before.
our society did not contribute with the interesting. He said, ‘‘It’s not our job We’ll be going on the road now talking
goal of being memorialized but did to protect citizens from their political about them from now until November,
what was right and just in the eyes of decisions.’’ because the American people want to
the Lord, with no ego and no agenda ‘‘It’s not our job to protect citizens know that there is somebody fighting
other than for the greater good. And from their political decisions.’’ And for them in this town on their behalf.
that is what this country so des- that’s exactly what this was. This deci- And we are.
perately needs. We need those giants. sion was fixed on Election Day in 2008. What we need from the American
Mr. GRAVES of Georgia. I thank the This decision came down on Election people is for them to stand up and say,
gentleman from Louisiana. Day 2008. No more. We will not tolerate a govern-
You brought up one major compo- As a physician, I want to talk for a ment that will reach into our lives and
nent of all this legislation. I remember very brief moment here about the in- destroy quality health care in this
in one of the State of the Unions, the credible importance of Election Day country to the degree that the Court
President said, We need tax reform. 2012 because, as you said, Mr. GRAVES, said it was okay to do today.
Tax reform. there are a lot of things in this bill I thank my friend for the wonderful
I think he got tax reform in this law. that we’re not just talking about work you are doing and for yielding me
What did you say? Twenty-one new money. As a physician, I know what this time.
taxes are being implemented because of we’re talking about is people’s lives, Mr. GRAVES of Georgia. I thank the
ObamaCare? There are 21 new taxes, the health care of the American people. gentleman from Georgia.
and yet the Progressives earlier said, And nothing could be so important, Not only are you a physician—you
No, this is great for America. Free nothing could be so personal. are not here speaking on behalf of phy-
health care. Affordable health care. No And what the Court said today is, Let sicians. You are here speaking on be-
one has to pay. They’ll actually get the things in there stand. The $500 bil- half of patients all across this country
credits back. lion reduction, the $500 billion decrease and defending them. And I appreciate
Somebody’s got to pay. That’s the from the Medicare program—taking the great fight that you are putting on
way this place works. Whenever the Medicare program and saying, You and the resolve that you have for each
they’re promising you something, don’t need that money, seniors in this of us, as you are leading us here as Re-
they’re taking from someone else. And country. You don’t need that money. publicans here in the House.
you just laid out 21 different areas that We’re going to use it over here. As we go into the last 5 minutes here
impact every American that the Presi- What does that mean? What that with the gentleman from Utah (Mr.
dent promised he wouldn’t raise taxes means is that those seniors—your par- BISHOP), he brought up the government
on. So I appreciate you doing that. ents, your grandparents, the parents right now taxes us on what we do or
And next, the other component of it and grandparents of this great country, consume, but this is a first in which
is, what’s left? What really was in this the people of the Greatest Generation the government can now tax you on
health care law, this Big Government cited by this country, are now going to what you don’t do. That’s an amazing
expansion, this overreach into the have diminished health care. concept. I hadn’t really thought of it
homes of American families? A tremen- And how are they going to do it? that way until Mr. PRICE brought it up.
dous amount is left. They’re not going to do it through the So now the Federal Government has
I know Dr. PRICE from Georgia has front door. They’re not going to say, moved into a realm which has never
been leading the fight not only against We’re going to decrease this care for been here before, saying, Hey, because
this measure, but for positive patient- you transparently, openly. Oh, no. you’re not doing something, I’m going
centered and patient-driven measures They’re going to do it through the to tax you. So I’m going to determine
as well. And I want to thank you for backdoor, something called the Inde- what it is that you should be doing
joining us and sharing with us. pendent Payment Advisory Board that that you are not doing so, therefore, I
Mr. PRICE of Georgia. Thank you, we’ve talked about before, the 15-mem- can collect a little revenue. And here
Mr. GRAVES, so very much. I want to ber bureaucratic panel. Nonelected in- we are today with something such as
commend you for your work on this dividuals are going to have the power, this.
issue and your leadership for principled under this law, to say, Dr. Smith, you As we are just wrapping up this spir-
solutions, principled solutions in the can’t do that for Mrs. Jones. If you do ited discussion here, earlier, Mr.
area of health care and everywhere it, we’re not going to pay you. That’s BISHOP, you heard the Progressives
else. the coercive power of this government. celebrating this decision today.
I know that Republicans think every That’s the coercive power that this What were they celebrating? The
day is the Fourth of July and Demo- Court today said is okay. Federal Government can tax you if you
crats think that every day is April 15. Well, Mr. GRAVES, you and I both do something. But today’s celebration
Why would I say that? Today we’ve know that it’s not okay for us, and it’s was the fact that the Federal Govern-
been highlighting it in this conversa- not okay for the American people. And ment can tax you when you don’t do
tion we’re having here, because our that’s why we stand here tonight, and something.
friends on the other side of the aisle be- we say with every ounce of our being I appreciate you joining us tonight
lieve that every day is another day to that the election that occurred in 2008 and giving your thoughts from the
raise taxes. may have written this in stone, but great State of Utah.
Today the Supreme Court of the there are some sandblasters out there. Mr. BISHOP of Utah. I appreciate the
United States said, If you want to raise And what we’re going to do between gentleman for yielding me a few mo-
taxes, have at it. Raise them as high as now and the first Tuesday in November ments here. Truly, this is a unique day.
you want. In fact, the Democrats are so is to make certain that the American And I’m happy to join my colleagues in
incredibly happy this day because it’s people understand and appreciate that talking about this particular issue.
not just that they can now raise taxes there are folks in this town who are You know, the old cliche is simply, a
or fight to raise taxes on what we do, fighting as hard as we can to uphold Supreme Court decision should not be
confused with constitutional prin- States to be involved in this discussion the Highway Trust Fund pending enactment
ciples. Today we had one case brought because it impacts those States. Right of a multiyear law reauthorizing such pro-
by States to the Supreme Court. And now, they simply have to accept what grams, and for other purposes, having met,
after full and free conference, have agreed to
the administration has always said, takes place here in the rarified air by
recommend and do recommend to their re-
This ObamaCare is not a tax. It is not the Potomac River. spective Houses as follows:
a tax. But, indeed, if we gave the States a That the House recede from its disagree-
Well, the Court said, on five of the tool so if enough States were to ban to- ment to the amendment of the Senate to the
nine decisions, Yes, it is a tax. And I gether to say, No, we disagree with this text of the bill and agree to the same with an
guess it’s legal if you call it a tax. Four rule, we disagree with this regulation, amendment as follows:
of the nine said not even that’s good we disagree with this law, we even dis- In lieu of the matter proposed to be in-
enough; but, nonetheless, it’s a tax. agree with this Supreme Court deci- serted by the Senate amendment, insert the
following:
b 1920 sion, the States would have the ability
SECTION 1. SHORT TITLE; ORGANIZATION OF ACT
to add a new check and a new balance INTO DIVISIONS; TABLE OF CON-
It’s appropriate that we talk about to make sure that the common people TENTS.
that power of taxing because the most of this country have some kind of voice (a) SHORT TITLE.—This Act may be cited as
famous of all cases, McCulloch v. in these decisions. the ‘‘Moving Ahead for Progress in the 21st Cen-
Maryland, which was one the major de- I think one of the things we should tury Act’’ or the ‘‘MAP–21’’.
cisions actually made in this particular learn from today’s decision is that we (b) DIVISIONS.—This Act is organized into 8
building, simply said the power to tax desperately need another check and divisions as follows:
is the power to destroy. And we have balance in our process to make fed-
(1) Division A–Federal-aid Highways and
that in front of us right now. Highway Safety Construction Programs.
eralism a realistic and real term, and (2) Division B–Public Transportation.
I don’t think we should’ve expected
that means to involve the States in (3) Division C–Transportation Safety and Sur-
judges to do what the legislative
giving them some powers to have real face Transportation Policy.
branch—in this case, Congress—ought
decisions, not so they have to come to (4) Division D–Finance.
do. And I think it’s positive that we (5) Division E–Research and Education.
us as they have so far, begging, but so
move forward in this effort to make (6) Division F–Miscellaneous.
they can actually have a say. I think
sure that this program does not go into (7) Division G–Surface Transportation Exten-
we would be better off as a Nation if we
effect and we take concerns for our sion.
did it. (8) Division H–Budgetary Effects.
constituents and maybe even learn
This decision today, if nothing more, (c) TABLE OF CONTENTS.—The table of con-
something from it.
should add a resolve for us to solve a tents for this Act is as follows:
The idea of judicial review didn’t
political problem politically, to do it
exist for the first decade and a half of Sec. 1. Short title; organization of Act into divi-
here in the Halls of Congress, but sions; table of contents.
this country. Marbury v. Madison
maybe add another player in this proc- Sec. 2. Definitions.
didn’t happen until almost 15 years
ess—the States—so they also have a Sec. 3. Effective date.
into the country. Washington, in the
say in this power to tax, which is the DIVISION A—FEDERAL-AID HIGHWAYS
Constitutional Convention, also
power to destroy. AND HIGHWAY SAFETY CONSTRUCTION
thought the veto should be what deter-
I realize we’re coming close to time. PROGRAMS
mined constitutionality, kind of execu-
I want to give my good friend from TITLE I—FEDERAL-AID HIGHWAYS
tive review, and Jefferson always said
Georgia the chance of giving the final Subtitle A—Authorizations and Programs
there should be legislative review.
So I think perhaps our Founding Fa- word on this particular issue, and I ap- Sec. 1101. Authorization of appropriations.
thers thought all branches should be preciate his efforts to organize this op- Sec. 1102. Obligation ceiling.
involved in that kind of concept. And I portunity to talk about what has hap- Sec. 1103. Definitions.
think there should be a fourth one pened today. Sec. 1104. National Highway System.
Mr. GRAVES of Georgia. Thank you Sec. 1105. Apportionment.
added to it, which is the States at the Sec. 1106. National highway performance pro-
same time, who started this process of for your comments tonight and your
great insight and reflecting back on gram.
going to the courts. But we don’t come Sec. 1107. Emergency relief.
on this floor often and quote anti-Fed- early documents and early words that
Sec. 1108. Surface transportation program.
eralists because they lost. However, I have been shared. Sec. 1109. Workforce development.
Mr. Speaker, as we conclude tonight, Sec. 1110. Highway use tax evasion projects.
want to today, because even though
I want the American people to know Sec. 1111. National bridge and tunnel inventory
they were wrong on the Constitution,
that we are resolved to restore the lib- and inspection standards.
every once in a while they were right
erty that was lost today through the Sec. 1112. Highway safety improvement pro-
on some of the concepts. gram.
So in the ‘‘17th Letter from a Fed- full repeal of ObamaCare. That will be
our focus as Republicans in the House. Sec. 1113. Congestion mitigation and air quality
eralist Farmer,’’ written either by improvement program.
Melancthon Smith or one of the Lees of I yield back the balance of my time.
Sec. 1114. Territorial and Puerto Rico highway
Virginia—no one really knows who ac- f program.
tually did it—he talked about this idea CONFERENCE REPORT ON H.R. 4348, Sec. 1115. National freight policy.
that the States, if we have the concept MOVING AHEAD FOR PROGRESS Sec. 1116. Prioritization of projects to improve
of federalism, should have some power freight movement.
IN THE 21ST CENTURY ACT Sec. 1117. State freight advisory committees.
to do some real things. He simply said: Mr. MICA (during the Special Order Sec. 1118. State freight plans.
I have often heard it observed that our peo- Sec. 1119. Federal lands and tribal transpor-
of Mr. GRAVES of Georgia) submitted
ple are well informed and will not submit to tation programs.
oppressive governments, that the State gov- the following conference report and
statement on the bill (H.R. 4348) to pro- Sec. 1120. Projects of national and regional sig-
ernments will be ready advocates. But of nificance.
what avail will these circumstances be if the vide an extension of Federal-aid high- Sec. 1121. Construction of ferry boats and ferry
State governments, thus allowed to be way, highway safety, motor carrier terminal facilities.
guardians of the people, possess no kind of safety, transit, and other programs Sec. 1122. Transportation alternatives.
power to stop the laws of Congress injurious funded out of the Highway Trust Fund Sec. 1123. Tribal high priority projects program.
to the people? pending enactment of a multiyear law Subtitle B—Performance Management

One of the things they quickly said is reauthorizing such programs, and for Sec. 1201. Metropolitan transportation plan-
States really don’t have the concept or other purposes: ning.
the power to actually involve them- Sec. 1202. Statewide and nonmetropolitan
CONFERENCE REPORT (H. REPT. 112–557)
selves in this particular issue. There transportation planning.
The committee of conference on the dis-
are some concepts that are out there. Sec. 1203. National goals and performance man-
agreeing votes of the two Houses on the
The repeal amendment, which is pro- agement measures.
amendment of the Senate to the bill (H.R.
posed by some legal scholars and has 4348), to provide an extension of Federal-aid Subtitle C—Acceleration of Project Delivery
been proposed by some State organiza- highway, highway safety, motor carrier safe- Sec. 1301. Declaration of policy and project de-
tions, would actually give a tool for ty, transit, and other programs funded out of livery initiative.
Sec. 1302. Advance acquisition of real property Sec. 1525. State autonomy for culvert pipe selec- Subtitle A—Highway Safety
interests. tion. Sec. 31101. Authorization of appropriations.
Sec. 1303. Letting of contracts. Sec. 1526. Evacuation routes. Sec. 31102. Highway safety programs.
Sec. 1304. Innovative project delivery methods. Sec. 1527. Consolidation of grants. Sec. 31103. Highway safety research and devel-
Sec. 1305. Efficient environmental reviews for Sec. 1528. Appalachian development highway opment.
project decisionmaking. system. Sec. 31104. National driver register.
Sec. 1306. Accelerated decisionmaking. Sec. 1529. Engineering judgment. Sec. 31105. National priority safety programs.
Sec. 1307. Assistance to affected Federal and Sec. 1530. Transportation training and employ- Sec. 31106. High visibility enforcement program.
State agencies. ment programs. Sec. 31107. Agency accountability.
Sec. 1308. Limitations on claims. Sec. 1531. Notice of certain grant awards. Sec. 31108. Emergency medical services.
Sec. 1309. Accelerating completion of complex Sec. 1532. Budget justification. Sec. 31109. Repeal of programs.
projects within 4 years. Sec. 1533. Prohibition on use of funds for auto-
mated traffic enforcement. Subtitle B—Enhanced Safety Authorities
Sec. 1310. Integration of planning and environ-
Sec. 1534. Public-private partnerships. Sec. 31201. Definition of motor vehicle equip-
mental review.
Sec. 1535. Report on Highway Trust Fund ex- ment.
Sec. 1311. Development of programmatic mitiga-
penditures. Sec. 31202. Permit reminder system for non-use
tion plans.
Sec. 1536. Sense of Congress on harbor mainte- of safety belts.
Sec. 1312. State assumption of responsibility for
nance. Sec. 31203. Civil penalties.
categorical exclusions. Sec. 31204. Motor vehicle safety research and
Sec. 1537. Estimate of harbor maintenance
Sec. 1313. Surface transportation project deliv-
needs. development.
ery program. Sec. 31205. Odometer requirements.
Sec. 1538. Asian carp.
Sec. 1314. Application of categorical exclusions Sec. 1539. Rest areas. Sec. 31206. Increased penalties and damages for
for multimodal projects. odometer fraud.
Sec. 1315. Categorical exclusions in emer- Subtitle F—Gulf Coast Restoration
Sec. 1601. Short title. Sec. 31207. Extend prohibitions on importing
gencies. noncompliant vehicles and equip-
Sec. 1316. Categorical exclusions for projects Sec. 1602. Gulf Coast Restoration Trust Fund.
Sec. 1603. Gulf Coast natural resources restora- ment to defective vehicles and
within the right-of-way. equipment.
Sec. 1317. Categorical exclusion for projects of tion and economic recovery.
Sec. 1604. Gulf Coast Ecosystem Restoration Sec. 31208. Conditions on importation of vehi-
limited Federal assistance. cles and equipment.
Sec. 1318. Programmatic agreements and addi- Science, Observation, Monitoring,
and Technology program. Sec. 31209. Port inspections; samples for exam-
tional categorical exclusions. ination or testing.
Sec. 1319. Accelerated decisionmaking in envi- Sec. 1605. Centers of excellence research grants.
ronmental reviews. Sec. 1606. Effect. Subtitle C—Transparency and Accountability
Sec. 1320. Memoranda of agency agreements for Sec. 1607. Restoration and protection activity Sec. 31301. Public availability of recall informa-
early coordination. limitations. tion.
Sec. 1321. Environmental procedures initiative. Sec. 1608. Inspector General. Sec. 31302. National Highway Traffic Safety
Sec. 1322. Review of State environmental re- TITLE II—AMERICA FAST FORWARD Administration outreach to manu-
views and approvals for the pur- FINANCING INNOVATION facturer, dealer, and mechanic
pose of eliminating duplication of Sec. 2001. Short title. personnel.
environmental reviews. Sec. 2002. Transportation Infrastructure Fi- Sec. 31303. Public availability of communica-
Sec. 1323. Review of Federal project and pro- nance and Innovation Act of 1998 tions to dealers.
gram delivery. amendments. Sec. 31304. Corporate responsibility for National
Subtitle D—Highway Safety DIVISION B—PUBLIC TRANSPORTATION Highway Traffic Safety Adminis-
tration reports.
Sec. 1401. Jason’s law. Sec. 20001. Short title. Sec. 31305. Passenger motor vehicle information
Sec. 1402. Open container requirements. Sec. 20002. Repeals.
program.
Sec. 1403. Minimum penalties for repeat offend- Sec. 20003. Policies and purposes.
Sec. 20004. Definitions. Sec. 31306. Promotion of vehicle defect report-
ers for driving while intoxicated ing.
or driving under the influence. Sec. 20005. Metropolitan transportation plan-
ning. Sec. 31307. Whistleblower protections for motor
Sec. 1404. Adjustments to penalty provisions. vehicle manufacturers, part sup-
Sec. 1405. Highway worker safety. Sec. 20006. Statewide and nonmetropolitan
transportation planning. pliers, and dealership employees.
Subtitle E—Miscellaneous Sec. 31308. Anti-revolving door.
Sec. 20007. Urbanized area formula grants.
Sec. 1501. Real-time ridesharing. Sec. 20008. Fixed guideway capital investment Sec. 31309. Study of crash data collection.
Sec. 1502. Program efficiencies. grants. Sec. 31310. Update means of providing notifica-
Sec. 1503. Project approval and oversight. Sec. 20009. Mobility of seniors and individuals tion; improving efficacy of recalls.
Sec. 1504. Standards. with disabilities. Sec. 31311. Expanding choices of remedy avail-
Sec. 1505. Justification reports for access points Sec. 20010. Formula grants for rural areas. able to manufacturers of replace-
on the Interstate System. Sec. 20011. Research, development, demonstra- ment equipment.
Sec. 1506. Construction. tion, and deployment projects. Sec. 31312. Recall obligations and bankruptcy
Sec. 1507. Maintenance. Sec. 20012. Technical assistance and standards of manufacturer.
Sec. 1508. Federal share payable. development. Sec. 31313. Repeal of insurance reports and in-
Sec. 1509. Transferability of Federal-aid high- Sec. 20013. Private sector participation. formation provision.
way funds. Sec. 20014. Bus testing facilities. Sec. 31314. Monroney sticker to permit addi-
Sec. 1510. Idle reduction technology. Sec. 20015. Human resources and training. tional safety rating categories.
Sec. 1511. Special permits during periods of na- Sec. 20016. General provisions. Subtitle D—Vehicle Electronics and Safety
tional emergency. Sec. 20017. Public Transportation Emergency Standards
Sec. 1512. Tolling. Relief Program. Sec. 31401. National Highway Traffic Safety
Sec. 1513. Miscellaneous parking amendments. Sec. 20018. Contract requirements.
Administration electronics, soft-
Sec. 1514. HOV facilities. Sec. 20019. Transit asset management.
Sec. 20020. Project management oversight. ware, and engineering expertise.
Sec. 1515. Funding flexibility for transportation Sec. 31402. Electronic systems performance.
emergencies. Sec. 20021. Public transportation safety.
Sec. 1516. Defense access road program en- Sec. 20022. Alcohol and controlled substances Subtitle E—Child Safety Standards
hancements to address transpor- testing. Sec. 31501. Child safety seats.
tation infrastructure in the vicin- Sec. 20023. Nondiscrimination. Sec. 31502. Child restraint anchorage systems.
ity of military installations. Sec. 20024. Administrative provisions. Sec. 31503. Rear seat belt reminders.
Sec. 1517. Mapping. Sec. 20025. National transit database. Sec. 31504. Unattended passenger reminders.
Sec. 1518. Buy America provisions. Sec. 20026. Apportionment of appropriations for Sec. 31505. New deadline.
Sec. 1519. Consolidation of programs; repeal of formula grants. Subtitle F—Improved Daytime and Nighttime
Sec. 20027. State of good repair grants. Visibility of Agricultural Equipment
obsolete provisions.
Sec. 20028. Authorizations.
Sec. 1520. Denali Commission. Sec. 31601. Rulemaking on visibility of agricul-

Sec. 20029. Bus and bus facilities formula
Sec. 1521. Uniform Relocation Assistance and tural equipment.
grants.
Real Property Acquisition Policies Sec. 20030. Technical and conforming amend- TITLE II—COMMERCIAL MOTOR VEHICLE
Act of 1970 amendments. ments. SAFETY ENHANCEMENT ACT OF 2012
Sec. 1522. Extension of public transit vehicle ex-
emption from axle weight restric- DIVISION C—TRANSPORTATION SAFETY Sec. 32001. Short title.
AND SURFACE TRANSPORTATION POLICY Sec. 32002. References to title 49, United States
tions.
Sec. 1523. Use of debris from demolished bridges TITLE I—MOTOR VEHICLE AND HIGHWAY Code.
and overpasses. SAFETY IMPROVEMENT ACT OF 2012 Subtitle A—Commercial Motor Vehicle
Sec. 1524. Use of youth service and conserva- Sec. 31001. Short title. Registration
tion corps. Sec. 31002. Definition. Sec. 32101. Registration of motor carriers.
Sec. 32102. Safety fitness of new operators. Sec. 32702. Definitions. TITLE IV—SPORT FISH RESTORATION AND
Sec. 32103. Reincarnated carriers. Sec. 32703. Regulations for improved occupant RECREATIONAL BOATING SAFETY ACT
Sec. 32104. Financial responsibility require- protection, passenger evacuation, OF 2012
ments. and crash avoidance. Sec. 34001. Short title.
Sec. 32105. USDOT number registration require- Sec. 32704. Fire prevention and mitigation. Sec. 34002. Amendment of Federal Aid in Sport
ment. Sec. 32705. Occupant protection, collision Fish Restoration Act.
Sec. 32106. Registration fee system. avoidance, fire causation, and fire
Sec. 32107. Registration update. extinguisher research and testing. TITLE V—MISCELLANEOUS
Sec. 32108. Increased penalties for operating Sec. 32706. Concurrence of research and rule- Sec. 35001. Overflights in Grand Canyon Na-
without registration. making. tional Park.
Sec. 32109. Revocation of registration for immi- Sec. 32707. Improved oversight of motorcoach Sec. 35002. Commercial air tour operations.
nent hazard. service providers. Sec. 35003. Qualifications for public aircraft
Sec. 32110. Revocation of registration and other Sec. 32708. Report on feasibility, benefits, and status.
penalties for failure to respond to costs of establishing a system of DIVISION D—FINANCE
subpoena. certification of training programs. Sec. 40001. Short title.
Sec. 32111. Fleetwide out of service order for op- Sec. 32709. Commercial driver’s license pas-
erating without required registra- senger endorsement requirements. TITLE I—EXTENSION OF HIGHWAY TRUST
tion. Sec. 32710. Safety inspection program for com- FUND EXPENDITURE AUTHORITY AND
Sec. 32112. Motor carrier and officer patterns of mercial motor vehicles of pas- RELATED TAXES
safety violations. sengers. Sec. 40101. Extension of trust fund expenditure
Subtitle B—Commercial Motor Vehicle Safety Sec. 32711. Regulations. authority.
Subtitle H—Safe Highways and Infrastructure Sec. 40102. Extension of highway-related taxes.
Sec. 32201. Crashworthiness standards.
Sec. 32202. Canadian safety rating reciprocity. Preservation TITLE II—REVENUE PROVISIONS
Sec. 32203. State reporting of foreign commer- Sec. 32801. Comprehensive truck size and Subtitle A—Leaking Underground Storage Tank
cial driver convictions. weight limits study. Trust Fund
Sec. 32204. Authority to disqualify foreign com- Sec. 32802. Compilation of existing State truck Sec. 40201. Transfer from Leaking Underground
mercial drivers. size and weight limit laws. Storage Tank Trust Fund to
Sec. 32205. Revocation of foreign motor carrier Subtitle I—Miscellaneous Highway Trust Fund.
operating authority for failure to PART I—MISCELLANEOUS Subtitle B—Pension Provisions
pay civil penalties.
Sec. 32911. Prohibition of coercion. PART I—PENSION FUNDING STABILIZATION
Sec. 32206. Rental truck accident study.
Sec. 32912. Motor carrier safety advisory com- Sec. 40211. Pension funding stabilization.
Subtitle C—Driver Safety mittee.
Sec. 32301. Hours of service study and elec- Sec. 32913. Waivers, exemptions, and pilot pro- PART II—PBGC PREMIUMS
tronic logging devices. grams. Sec. 40221. Single employer plan annual pre-
Sec. 32302. Driver medical qualifications. Sec. 32914. Registration requirements. mium rates.
Sec. 32303. Commercial driver’s license notifica- Sec. 32915. Additional motor carrier registration Sec. 40222. Multiemployer annual premium
tion system. requirements. rates.
Sec. 32304. Commercial motor vehicle operator Sec. 32916. Registration of freight forwarders PART III—IMPROVEMENTS OF PBGC
training. and brokers.
Sec. 40231. Pension Benefit Guaranty Corpora-
Sec. 32305. Commercial driver’s license program. Sec. 32917. Effective periods of registration.
tion Governance Improvement.
Sec. 32306. Commercial motor vehicle driver in- Sec. 32918. Financial security of brokers and
Sec. 40232. Participant and plan sponsor advo-
formation systems. freight forwarders.
cate.
Sec. 32307. Employer responsibilities. Sec. 32919. Unlawful brokerage activities.
Sec. 40233. Quality control procedures for the
Sec. 32308. Program to assist Veterans to ac- PART II—HOUSEHOLD GOODS TRANSPORTATION Pension Benefit Guaranty Cor-
quire commercial driver’s licenses. Sec. 32921. Additional registration requirements poration.
Subtitle D—Safe Roads Act of 2012 for household goods motor car- Sec. 40234. Line of credit repeal.
Sec. 32401. Short title. riers. PART IV—TRANSFERS OF EXCESS PENSION
Sec. 32402. National clearinghouse for con- Sec. 32922. Failure to give up possession of ASSETS
trolled substance and alcohol test household goods.
Sec. 32923. Settlement authority. Sec. 40241. Extension for transfers of excess
results of commercial motor vehi- pension assets to retiree health
cle operators. PART III—TECHNICAL AMENDMENTS accounts.
Subtitle E—Enforcement Sec. 32931. Update of obsolete text. Sec. 40242. Transfer of excess pension assets to
Sec. 32501. Inspection demand and display of Sec. 32932. Correction of interstate commerce retiree group term life insurance
credentials. commission references. accounts.
Sec. 32502. Out of service penalty for denial of Sec. 32933. Technical and conforming amend- Subtitle C—Additional Transfers to Highway
access to records. ments. Trust Fund
Sec. 32503. Penalties for violation of operation Sec. 32934. Exemptions from requirements for
covered farm vehicles. Sec. 40251. Additional transfers to Highway
out of service orders.
Trust Fund.
Sec. 32504. Impoundment and immobilization of TITLE III—HAZARDOUS MATERIALS
commercial motor vehicles for im- TRANSPORTATION SAFETY IMPROVE- DIVISION E—RESEARCH AND EDUCATION
minent hazard. MENT ACT OF 2012 Sec. 50001. Short title.
Sec. 32505. Increased penalties for evasion of Sec. 33001. Short title. TITLE I—FUNDING
regulations. Sec. 33002. Definition. Sec. 51001. Authorization of appropriations.
Sec. 32506. Violations relating to commercial Sec. 33003. References to title 49, United States
motor vehicle safety regulation TITLE II—RESEARCH, TECHNOLOGY, AND
Code.
and operators. EDUCATION
Sec. 33004. Training for emergency responders.
Sec. 32507. Emergency disqualification for immi- Sec. 33005. Paperless Hazard Communications Sec. 52001. Research, technology, and edu-
nent hazard. Pilot Program. cation.
Sec. 32508. Disclosure to State and local law en- Sec. 33006. Improving data collection, analysis, Sec. 52002. Surface transportation research, de-
forcement agencies. and reporting. velopment, and technology.
Sec. 32509. Grade crossing safety regulations. Sec. 33007. Hazardous material technical assess- Sec. 52003. Research and technology develop-
Subtitle F—Compliance, Safety, Accountability ment, research and development, ment and deployment.
and analysis program. Sec. 52004. Training and education.
Sec. 32601. Motor carrier safety assistance pro- Sec. 52005. State planning and research.
gram. Sec. 33008. Hazardous Material Enforcement
Training. Sec. 52006. International highway transpor-
Sec. 32602. Performance and registration infor-
Sec. 33009. Inspections. tation program.

mation systems management pro- Sec. 52007. Surface transportation environ-
gram. Sec. 33010. Civil penalties.
Sec. 33011. Reporting of fees. mental cooperative research pro-
Sec. 32603. Authorization of appropriations.
Sec. 33012. Special permits, approvals, and ex- gram.
Sec. 32604. Grants for commercial driver’s li-
clusions. Sec. 52008. National cooperative freight re-
cense program implementation.
Sec. 33013. Highway routing disclosures. search.
Sec. 32605. Commercial vehicle information sys-
Sec. 33014. Motor carrier safety permits. Sec. 52009. University transportation centers
tems and networks.
Sec. 33015. Wetlines. program.
Subtitle G—Motorcoach Enhanced Safety Act of Sec. 33016. Hazmat employee training require- Sec. 52010. University transportation research.
2012 ments and grants. Sec. 52011. Bureau of Transportation Statistics.
Sec. 32701. Short title. Sec. 33017. Authorization of appropriations. Sec. 52012. Administrative authority.
Sec. 52013. Transportation research and devel- Sec. 100232. Reinsurance. TITLE IV—EFFECTIVE DATE
opment strategic planning. Sec. 100233. GAO study on business interrup- Sec. 114001. Effective date.
TITLE III—INTELLIGENT tion and additional living ex- DIVISION H—BUDGETARY EFFECTS
TRANSPORTATION SYSTEMS RESEARCH penses coverages.
Sec. 120001. Budgetary effects.
Sec. 100234. Policy disclosures.
Sec. 53001. Use of funds for ITS activities. SEC. 2. DEFINITIONS.
Sec. 100235. Report on inclusion of building
Sec. 53002. Goals and purposes. In this Act, the following definitions apply:
codes in floodplain management
Sec. 53003. General authorities and require- (1) DEPARTMENT.—The term ‘‘Department’’
criteria.
ments. means the Department of Transportation.
Sec. 100236. Study of participation and afford-
Sec. 53004. Research and development. (2) SECRETARY.—The term ‘‘Secretary’’ means
ability for certain policyholders.
Sec. 53005. National architecture and stand- the Secretary of Transportation.
Sec. 100237. Study and report concerning the
ards. SEC. 3. EFFECTIVE DATE.
participation of Indian tribes and
Sec. 53006. Vehicle-to-vehicle and vehicle-to-in- (a) IN GENERAL.—Except as otherwise pro-
members of Indian tribes in the
frastructure communications sys- vided, divisions A, B, C (other than sections
National Flood Insurance Pro-
tems deployment. 32603(d), 32603(g), 32912, and 34002 of that divi-
gram.
DIVISION F—MISCELLANEOUS Sec. 100238. Technical corrections. sion) and E, including the amendments made by
TITLE I—REAUTHORIZATION OF CERTAIN Sec. 100239. Use of private insurance to satisfy those divisions, take effect on October 1, 2012.
mandatory purchase requirement. (b) REFERENCES.—Except as otherwise pro-
PROGRAMS
Sec. 100240. Levees constructed on certain prop- vided, any reference to the date of enactment of
Subtitle A—Secure Rural Schools and the MAP–21 or to the date of enactment of the
Community Self-determination Program erties.
Sec. 100241. Insurance coverage for private Federal Public Transportation Act of 2012 in the
Sec. 100101. Secure Rural Schools and Commu- properties affected by flooding divisions described in subsection (a) or in an
nity Self-Determination Program. from Federal lands. amendment made by those divisions shall be
Subtitle B—Payment in Lieu of Taxes Program Sec. 100242. Permissible land use under Federal deemed to be a reference to the effective date of
flood insurance plan. those divisions.
Sec. 100111. Payments in lieu of taxes.
Sec. 100243. CDBG eligibility for flood insur- DIVISION A—FEDERAL-AID HIGHWAYS
Subtitle C—Offsets AND HIGHWAY SAFETY CONSTRUCTION
ance outreach activities and com-
Sec. 100121. Phased retirement authority. munity building code administra- PROGRAMS
Sec. 100122. Roll-your-own cigarette machines. tion grants. TITLE I—FEDERAL-AID HIGHWAYS
Sec. 100123. Change in FMAP increase for dis- Sec. 100244. Termination of force-placed insur- Subtitle A—Authorizations and Programs
aster recovery states. ance.
Sec. 100124. Repeals. SEC. 1101. AUTHORIZATION OF APPROPRIATIONS.
Sec. 100245. FEMA authority on transfer of (a) IN GENERAL.—The following sums are au-
Sec. 100125. Limitation on payments from the policies.
Abandoned Mine Reclamation thorized to be appropriated out of the Highway
Sec. 100246. Reimbursement of certain expenses. Trust Fund (other than the Mass Transit Ac-
Fund. Sec. 100247. FIO study on risks, hazards, and count):
TITLE II—FLOOD INSURANCE insurance. (1) FEDERAL-AID HIGHWAY PROGRAM.—For the
Subtitle A—Flood Insurance Reform and Sec. 100248. Flood protection improvements con- national highway performance program under
Modernization structed on certain properties. section 119 of title 23, United States Code, the
Sec. 100249. No cause of action. surface transportation program under section
Sec. 100201. Short title.
Sec. 100202. Definitions. Subtitle B—Alternative Loss Allocation 133 of that title, the highway safety improve-
Sec. 100203. Extension of National Flood Insur- Sec. 100251. Short title. ment program under section 148 of that title, the
ance Program. Sec. 100252. Assessing and modeling named congestion mitigation and air quality improve-
Sec. 100204. Availability of insurance for multi- storms over coastal States. ment program under section 149 of that title,
family properties. Sec. 100253. Alternative loss allocation system and to carry out section 134 of that title—
Sec. 100205. Reform of premium rate structure. for indeterminate claims. (A) $37,476,819,674 for fiscal year 2013; and
Sec. 100207. Premium adjustment. (B) $37,798,000,000 for fiscal year 2014.
Subtitle C—HEARTH Act Amendment
Sec. 100208. Enforcement. (2) TRANSPORTATION INFRASTRUCTURE FINANCE
Sec. 100261. HEARTH Act technical corrections. AND INNOVATION PROGRAM.—For credit assist-
Sec. 100209. Escrow of flood insurance pay-
ments. TITLE III—STUDENT LOAN INTEREST RATE ance under the transportation infrastructure fi-
Sec. 100210. Minimum deductibles for claims EXTENSION nance and innovation program under chapter 6
under the National Flood Insur- Sec. 100301. Federal Direct Stafford Loan inter- of title 23, United States Code—
ance Program. est rate extension. (A) $750,000,000 for fiscal year 2013; and
(B) $1,000,000,000 for fiscal year 2014.
Sec. 100211. Considerations in determining Sec. 100302. Eligibility for, and interest charges
(3) FEDERAL LANDS AND TRIBAL TRANSPOR-
chargeable premium rates. on, Federal Direct Stafford Loans
TATION PROGRAMS.—
Sec. 100212. Reserve fund. for new borrowers on or after July (A) TRIBAL TRANSPORTATION PROGRAM.—For
Sec. 100213. Repayment plan for borrowing au- 1, 2013. the tribal transportation program under section
thority. DIVISION G—SURFACE TRANSPORTATION 202 of title 23, United States Code, $450,000,000
Sec. 100214. Payment of condominium claims. EXTENSION for each of fiscal years 2013 and 2014.
Sec. 100215. Technical mapping advisory coun- (B) FEDERAL LANDS TRANSPORTATION PRO-
Sec. 110001. Short title.
cil. GRAM.—For the Federal lands transportation
Sec. 100216. National flood mapping program. TITLE I—FEDERAL-AID HIGHWAYS
program under section 203 of title 23, United
Sec. 100217. Scope of appeals. Sec. 111001. Extension of Federal-aid highway States Code, $300,000,000 for each of fiscal years
Sec. 100218. Scientific Resolution Panel. programs. 2013 and 2014, of which $240,000,000 of the
Sec. 100219. Removal of limitation on State con- TITLE II—EXTENSION OF HIGHWAY amount made available for each fiscal year shall
tributions for updating flood SAFETY PROGRAMS be the amount for the National Park Service
maps. and $30,000,000 of the amount made available
Sec. 112001. Extension of National Highway
Sec. 100220. Coordination. for each fiscal year shall be the amount for the
Traffic Safety Administration
Sec. 100221. Interagency coordination study. United States Fish and Wildlife Service.
highway safety programs.
Sec. 100222. Notice of flood insurance avail- (C) FEDERAL LANDS ACCESS PROGRAM.—For
Sec. 112002. Extension of Federal Motor Carrier
ability under RESPA. the Federal lands access program under section
Safety Administration programs.
Sec. 100223. Participation in State disaster 204 of title 23, United States Code, $250,000,000
Sec. 112003. Additional programs.
claims mediation programs. for each of fiscal years 2013 and 2014.
Sec. 100224. Oversight and expense reimburse- TITLE III—PUBLIC TRANSPORTATION (4) TERRITORIAL AND PUERTO RICO HIGHWAY
ments of insurance companies. PROGRAMS PROGRAM.—For the territorial and Puerto Rico
Sec. 100225. Mitigation. Sec. 113001. Allocation of funds for planning highway program under section 165 of title 23,
Sec. 100226. Flood Protection Structure Accredi- programs. United States Code, $190,000,000 for each of fis-
tation Task Force. Sec. 113002. Special rule for urbanized area for- cal years 2013 and 2014.
Sec. 100227. Flood in progress determinations. mula grants. (b) DISADVANTAGED BUSINESS ENTERPRISES.—
Sec. 100228. Clarification of residential and Sec. 113003. Allocating amounts for capital in- (1) FINDINGS.—Congress finds that—
commercial coverage limits. vestment grants. (A) while significant progress has occurred
Sec. 100229. Local data requirement. Sec. 113004. Apportionment of formula grants due to the establishment of the disadvantaged
Sec. 100230. Eligibility for flood insurance for for other than urbanized areas. business enterprise program, discrimination and
persons residing in communities Sec. 113005. Apportionment based on fixed related barriers continue to pose significant ob-
that have made adequate progress guideway factors. stacles for minority- and women-owned busi-
on the reconstruction or improve- Sec. 113006. Authorizations for public transpor- nesses seeking to do business in federally-as-
ment of a flood protection system. tation. sisted surface transportation markets across the
Sec. 100231. Studies and reports. Sec. 113007. Amendments to SAFETEA–LU. United States;
(B) the continuing barriers described in sub- (i) on-site visits; (1) shall not distribute obligation authority
paragraph (A) merit the continuation of the dis- (ii) personal interviews with personnel; provided by subsection (a) for the fiscal year
advantaged business enterprise program; (iii) issuance or inspection of licenses; for—
(C) Congress has received and reviewed testi- (iv) analyses of stock ownership; (A) amounts authorized for administrative ex-
mony and documentation of race and gender (v) listings of equipment; penses and programs by section 104(a) of title 23,
discrimination from numerous sources, includ- (vi) analyses of bonding capacity; United States Code; and
ing congressional hearings and roundtables, sci- (vii) listings of work completed; (B) amounts authorized for the Bureau of
entific reports, reports issued by public and pri- (viii) examination of the resumes of principal Transportation Statistics;
vate agencies, news stories, reports of discrimi- owners; (2) shall not distribute an amount of obliga-
nation by organizations and individuals, and (ix) analyses of financial capacity; and tion authority provided by subsection (a) that is
discrimination lawsuits, which show that race- (x) analyses of the type of work preferred. equal to the unobligated balance of amounts—
and gender-neutral efforts alone are insufficient (6) REPORTING.—The Secretary shall establish (A) made available from the Highway Trust
to address the problem; minimum requirements for use by State govern- Fund (other than the Mass Transit Account) for
(D) the testimony and documentation de- ments in reporting to the Secretary— Federal-aid highway and highway safety con-
scribed in subparagraph (C) demonstrate that (A) information concerning disadvantaged struction programs for previous fiscal years the
discrimination across the United States poses a business enterprise awards, commitments, and funds for which are allocated by the Secretary
barrier to full and fair participation in surface achievements; and (or apportioned by the Secretary under sections
transportation-related businesses of women (B) such other information as the Secretary 202 or 204 of title 23, United States Code); and
business owners and minority business owners determines to be appropriate for the proper mon- (B) for which obligation authority was pro-
and has impacted firm development and many itoring of the disadvantaged business enterprise vided in a previous fiscal year;
aspects of surface transportation-related busi- program. (3) shall determine the proportion that—
ness in the public and private markets; and (7) COMPLIANCE WITH COURT ORDERS.—Noth- (A) the obligation authority provided by sub-
(E) the testimony and documentation de- ing in this subsection limits the eligibility of an section (a) for the fiscal year, less the aggregate
scribed in subparagraph (C) provide a strong individual or entity to receive funds made avail- of amounts not distributed under paragraphs (1)
basis that there is a compelling need for the con- able under divisions A and B of this Act and and (2) of this subsection; bears to
tinuation of the disadvantaged business enter- section 403 of title 23, United States Code, if the (B) the total of the sums authorized to be ap-
prise program to address race and gender dis- entity or person is prevented, in whole or in propriated for the Federal-aid highway and
crimination in surface transportation-related part, from complying with paragraph (2) be- highway safety construction programs (other
business. cause a Federal court issues a final order in than sums authorized to be appropriated for
(2) DEFINITIONS.—In this subsection, the fol- which the court finds that a requirement or the provisions of law described in paragraphs (1)
lowing definitions apply: implementation of paragraph (2) is unconstitu- through (11) of subsection (b) and sums author-
(A) SMALL BUSINESS CONCERN.— tional. ized to be appropriated for section 119 of title 23,
(i) IN GENERAL.—The term ‘‘small business SEC. 1102. OBLIGATION CEILING. United States Code, equal to the amount re-
concern’’ means a small business concern (as the (a) GENERAL LIMITATION.—Subject to sub- ferred to in subsection (b)(12) for the fiscal
term is used in section 3 of the Small Business section (e), and notwithstanding any other pro- year), less the aggregate of the amounts not dis-
Act (15 U.S.C. 632)). vision of law, the obligations for Federal-aid tributed under paragraphs (1) and (2) of this
(ii) EXCLUSIONS.—The term ‘‘small business highway and highway safety construction pro- subsection;
concern’’ does not include any concern or group grams shall not exceed— (4) shall distribute the obligation authority
of concerns controlled by the same socially and (1) $39,699,000,000 for fiscal year 2013; and provided by subsection (a), less the aggregate
economically disadvantaged individual or indi- (2) $40,256,000,000 for fiscal year 2014. amounts not distributed under paragraphs (1)
viduals that have average annual gross receipts (b) EXCEPTIONS.—The limitations under sub- and (2), for each of the programs (other than
during the preceding 3 fiscal years in excess of section (a) shall not apply to obligations under programs to which paragraph (1) applies) that
$22,410,000, as adjusted annually by the Sec- or for— are allocated by the Secretary under this Act
retary for inflation. (1) section 125 of title 23, United States Code; and title 23, United States Code, or apportioned
(B) SOCIALLY AND ECONOMICALLY DISADVAN- (2) section 147 of the Surface Transportation by the Secretary under sections 202 or 204 of
TAGED INDIVIDUALS.—The term ‘‘socially and Assistance Act of 1978 (23 U.S.C. 144 note; 92 that title, by multiplying—
economically disadvantaged individuals’’ has Stat. 2714); (A) the proportion determined under para-
the meaning given the term in section 8(d) of the (3) section 9 of the Federal-Aid Highway Act graph (3); by
Small Business Act (15 U.S.C. 637(d)) and rel- of 1981 (95 Stat. 1701); (B) the amounts authorized to be appropriated
evant subcontracting regulations issued pursu- (4) subsections (b) and (j) of section 131 of the for each such program for the fiscal year; and
ant to that Act, except that women shall be pre- Surface Transportation Assistance Act of 1982 (5) shall distribute the obligation authority
sumed to be socially and economically disadvan- (96 Stat. 2119); provided by subsection (a), less the aggregate
taged individuals for purposes of this sub- (5) subsections (b) and (c) of section 149 of the amounts not distributed under paragraphs (1)
section. Surface Transportation and Uniform Relocation and (2) and the amounts distributed under
(3) AMOUNTS FOR SMALL BUSINESS CONCERNS.— Assistance Act of 1987 (101 Stat. 198); paragraph (4), for Federal-aid highway and
Except to the extent that the Secretary deter- (6) sections 1103 through 1108 of the Inter- highway safety construction programs that are
mines otherwise, not less than 10 percent of the modal Surface Transportation Efficiency Act of apportioned by the Secretary under title 23,
amounts made available for any program under 1991 (105 Stat. 2027); United States Code (other than the amounts ap-
divisions A and B of this Act and section 403 of (7) section 157 of title 23, United States Code portioned for the national highway performance
title 23, United States Code, shall be expended (as in effect on June 8, 1998); program in section 119 of title 23, United States
through small business concerns owned and (8) section 105 of title 23, United States Code Code, that are exempt from the limitation under
controlled by socially and economically dis- (as in effect for fiscal years 1998 through 2004, subsection (b)(12) and the amounts apportioned
advantaged individuals. but only in an amount equal to $639,000,000 for under section 204 of that title) in the proportion
(4) ANNUAL LISTING OF DISADVANTAGED BUSI- each of those fiscal years); that—
NESS ENTERPRISES.—Each State shall annually— (9) Federal-aid highway programs for which (A) amounts authorized to be appropriated for
(A) survey and compile a list of the small busi- obligation authority was made available under the programs that are apportioned under title
ness concerns referred to in paragraph (2) in the the Transportation Equity Act for the 21st Cen- 23, United States Code, to each State for the fis-
State, including the location of the small busi- tury (112 Stat. 107) or subsequent Acts for mul- cal year; bears to
ness concerns in the State; and tiple years or to remain available until ex- (B) the total of the amounts authorized to be
(B) notify the Secretary, in writing, of the pended, but only to the extent that the obliga- appropriated for the programs that are appor-
percentage of the small business concerns that tion authority has not lapsed or been used; tioned under title 23, United States Code, to all
are controlled by— (10) section 105 of title 23, United States Code States for the fiscal year.
(i) women; (but, for each of fiscal years 2005 through 2011, (d) REDISTRIBUTION OF UNUSED OBLIGATION
(ii) socially and economically disadvantaged only in an amount equal to $639,000,000 for each AUTHORITY.—Notwithstanding subsection (c),
individuals (other than women); and of those fiscal years); the Secretary shall, after August 1 of each of
(iii) individuals who are women and are oth- (11) section 1603 of SAFETEA–LU (23 U.S.C. fiscal years 2013 through 2014—
erwise socially and economically disadvantaged 118 note; 119 Stat. 1248), to the extent that funds (1) revise a distribution of the obligation au-
individuals. obligated in accordance with that section were thority made available under subsection (c) if
(5) UNIFORM CERTIFICATION.— not subject to a limitation on obligations at the an amount distributed cannot be obligated dur-
(A) IN GENERAL.—The Secretary shall estab- time at which the funds were initially made ing that fiscal year; and
lish minimum uniform criteria for use by State available for obligation; and (2) redistribute sufficient amounts to those
governments in certifying whether a concern (12) section 119 of title 23, United States Code States able to obligate amounts in addition to
qualifies as a small business concern for the (but, for each of fiscal years 2013 through 2014, those previously distributed during that fiscal
purpose of this subsection. only in an amount equal to $639,000,000 for each year, giving priority to those States having large
(B) INCLUSIONS.—The minimum uniform cri- of those fiscal years). unobligated balances of funds apportioned
teria established under subparagraph (A) shall (c) DISTRIBUTION OF OBLIGATION AUTHOR- under sections 144 (as in effect on the day before
include, with respect to a potential small busi- ITY.—For each of fiscal years 2013 through 2014, the date of enactment of this Act) and 104 of
ness concern— the Secretary— title 23, United States Code.
(e) APPLICABILITY OF OBLIGATION LIMITA- Administration), and architectural-related serv- ‘‘(B) Construction, planning, and design of
TIONS TO TRANSPORTATION RESEARCH PRO- ices;’’; infrastructure-related projects and systems that
GRAMS.— (C) in subparagraph (B)— will provide safe routes for non-drivers, includ-
(1) IN GENERAL.—Except as provided in para- (i) by inserting ‘‘reconstruction,’’ before ‘‘re- ing children, older adults, and individuals with
graph (2), obligation limitations imposed by sub- surfacing’’; and disabilities to access daily needs.
section (a) shall apply to contract authority for (ii) by striking ‘‘and rehabilitation’’ and in- ‘‘(C) Conversion and use of abandoned rail-
transportation research programs carried out serting ‘‘rehabilitation, and preservation’’; road corridors for trails for pedestrians,
under— (D) in subparagraph (E) by striking ‘‘rail- bicyclists, or other nonmotorized transportation
(A) chapter 5 of title 23, United States Code; way’’ and inserting ‘‘railway-highway’’; and users.
and (E) in subparagraph (F) by striking ‘‘obsta-
‘‘(D) Construction of turnouts, overlooks, and
(B) division E of this Act. cles’’ and inserting ‘‘hazards’’;
(5) in paragraph (6) (as so redesignated)— viewing areas.
(2) EXCEPTION.—Obligation authority made ‘‘(E) Community improvement activities, in-
(A) by inserting ‘‘public’’ before ‘‘highway eli-
available under paragraph (1) shall— cluding—
gible’’; and
(A) remain available for a period of 4 fiscal (B) by inserting ‘‘functionally’’ before ‘‘classi- ‘‘(i) inventory, control, or removal of outdoor
years; and fied’’; advertising;
(B) be in addition to the amount of any limi- (6) by inserting after paragraph (6) (as so re- ‘‘(ii) historic preservation and rehabilitation
tation imposed on obligations for Federal-aid designated) the following: of historic transportation facilities;
highway and highway safety construction pro- ‘‘(7) FEDERAL LANDS ACCESS TRANSPORTATION ‘‘(iii) vegetation management practices in
grams for future fiscal years. FACILITY.—The term ‘Federal Lands access transportation rights-of-way to improve road-
(f) REDISTRIBUTION OF CERTAIN AUTHORIZED transportation facility’ means a public highway, way safety, prevent against invasive species,
FUNDS.— road, bridge, trail, or transit system that is lo- and provide erosion control; and
(1) IN GENERAL.—Not later than 30 days after cated on, is adjacent to, or provides access to ‘‘(iv) archaeological activities relating to im-
the date of distribution of obligation authority Federal lands for which title or maintenance re- pacts from implementation of a transportation
under subsection (c) for each of fiscal years 2013 sponsibility is vested in a State, county, town, project eligible under this title.
through 2014, the Secretary shall distribute to township, tribal, municipal, or local govern-
the States any funds (excluding funds author- ‘‘(F) Any environmental mitigation activity,
ment. including pollution prevention and pollution
ized for the program under section 202 of title 23, ‘‘(8) FEDERAL LANDS TRANSPORTATION FACIL-
United States Code) that— abatement activities and mitigation to—
ITY.—The term ‘Federal lands transportation fa-
(A) are authorized to be appropriated for the ‘‘(i) address stormwater management, control,
cility’ means a public highway, road, bridge,
fiscal year for Federal-aid highway programs; and water pollution prevention or abatement re-
trail, or transit system that is located on, is ad-
and lated to highway construction or due to high-
jacent to, or provides access to Federal lands for
(B) the Secretary determines will not be allo- way runoff, including activities described in sec-
which title and maintenance responsibility is
cated to the States (or will not be apportioned to tions 133(b)(11), 328(a), and 329; or
vested in the Federal Government, and that ap-
the States under section 204 of title 23, United ‘‘(ii) reduce vehicle-caused wildlife mortality
pears on the national Federal lands transpor-
States Code), and will not be available for obli- or to restore and maintain connectivity among
tation facility inventory described in section
gation, for the fiscal year because of the imposi- terrestrial or aquatic habitats.’’; and
203(c).’’;
tion of any obligation limitation for the fiscal (7) in paragraph (11)(B) by inserting ‘‘includ- (14) by inserting after paragraph (29) (as so
year. ing public roads on dams’’ after ‘‘drainage redesignated) the following:
(2) RATIO.—Funds shall be distributed under structure’’; ‘‘(30) TRANSPORTATION SYSTEMS MANAGEMENT
paragraph (1) in the same proportion as the dis- (8) in paragraph (14) (as so redesignated)— AND OPERATIONS.—
tribution of obligation authority under sub- (A) by striking ‘‘as a’’ and inserting ‘‘as an ‘‘(A) IN GENERAL.—The term ‘transportation
section (c)(5). air quality’’; and systems management and operations’ means in-
(3) AVAILABILITY.—Funds distributed to each (B) by inserting ‘‘air quality’’ before ‘‘attain- tegrated strategies to optimize the performance
State under paragraph (1) shall be available for ment area’’; of existing infrastructure through the implemen-
any purpose described in section 133(c) of title (9) in paragraph (18) (as so redesignated) by tation of multimodal and intermodal, cross-ju-
23, United States Code. striking ‘‘an undertaking to construct a par- risdictional systems, services, and projects de-
SEC. 1103. DEFINITIONS. ticular portion of a highway, or if the context so signed to preserve capacity and improve secu-
(a) DEFINITIONS.—Section 101(a) of title 23, implies, the particular portion of a highway so rity, safety, and reliability of the transportation
United States Code, is amended— constructed or any other undertaking’’ and in- system.
(1) by striking paragraphs (6), (7), (9), (12), serting ‘‘any undertaking’’; ‘‘(B) INCLUSIONS.—The term ‘transportation
(19), (20), (24), (25), (26), (28), (38), and (39); (10) in paragraph (19) (as so redesignated)— systems management and operations’ includes—
(A) by striking ‘‘the State transportation de- ‘‘(i) actions such as traffic detection and sur-
(2) by redesignating paragraphs (2), (3), (4),
partment and’’; and veillance, corridor management, freeway man-
(5), (8), (13), (14), (15), (16), (17), (18), (21), (22),
(B) by inserting ‘‘and the recipient’’ after agement, arterial management, active transpor-
(23), (27), (29), (30), (31), (32), (33), (34), (35),
‘‘Secretary’’; tation and demand management, work zone
(36), and (37) as paragraphs (3), (4), (5), (6), (9), (11) by striking paragraph (23) (as so redesig-
(12), (13), (14), (15), (16), (17), (18), (19), (20), management, emergency management, traveler
nated) and inserting the following: information services, congestion pricing, park-
(21), (22), (23), (24), (25), (26), (28), (29), (33), and ‘‘(23) SAFETY IMPROVEMENT PROJECT.—The
(34), respectively; ing management, automated enforcement, traffic
term ‘safety improvement project’ means a strat-
(3) by inserting after paragraph (1) the fol- control, commercial vehicle operations, freight
egy, activity, or project on a public road that is
lowing: management, and coordination of highway, rail,
consistent with the State strategic highway
‘‘(2) ASSET MANAGEMENT.—The term ‘asset transit, bicycle, and pedestrian operations; and
safety plan and corrects or improves a roadway
management’ means a strategic and systematic ‘‘(ii) coordination of the implementation of re-
feature that constitutes a hazard to road users
process of operating, maintaining, and improv- gional transportation system management and
or addresses a highway safety problem.’’;
ing physical assets, with a focus on both engi- (12) by inserting after paragraph (26) (as so operations investments (such as traffic incident
neering and economic analysis based upon qual- redesignated) the following: management, traveler information services,
ity information, to identify a structured se- ‘‘(27) STATE STRATEGIC HIGHWAY SAFETY emergency management, roadway weather man-
quence of maintenance, preservation, repair, re- PLAN.—The term ‘State strategic highway safety
agement, intelligent transportation systems,
habilitation, and replacement actions that will plan’ has the same meaning given such term in communication networks, and information shar-
achieve and sustain a desired state of good re- section 148(a).’’; ing systems) requiring agreements, integration,
pair over the lifecycle of the assets at minimum (13) by striking paragraph (29) (as so redesig- and interoperability to achieve targeted system
practicable cost.’’; nated) and inserting the following: performance, reliability, safety, and customer
(4) in paragraph (4) (as redesignated by para- ‘‘(29) TRANSPORTATION ALTERNATIVES.—The service levels.
graph (2))— term ‘transportation alternatives’ means any of ‘‘(31) TRIBAL TRANSPORTATION FACILITY.—The
(A) in the matter preceding subparagraph (A), the following activities when carried out as part term ‘tribal transportation facility’ means a
by inserting ‘‘or any project eligible for assist- of any program or project authorized or funded public highway, road, bridge, trail, or transit
ance under this title’’ after ‘‘of a highway’’; under this title, or as an independent program system that is located on or provides access to
(B) by striking subparagraph (A) and insert- or project related to surface transportation: tribal land and appears on the national tribal
ing the following: ‘‘(A) Construction, planning, and design of transportation facility inventory described in
‘‘(A) preliminary engineering, engineering, on-road and off-road trail facilities for pedes- section 202(b)(1).
and design-related services directly relating to trians, bicyclists, and other nonmotorized forms ‘‘(32) TRUCK STOP ELECTRIFICATION SYSTEM.—
the construction of a highway project, including of transportation, including sidewalks, bicycle The term ‘truck stop electrification system’
engineering, design, project development and infrastructure, pedestrian and bicycle signals, means a system that delivers heat, air condi-
management, construction project management traffic calming techniques, lighting and other tioning, electricity, or communications to a
and inspection, surveying, mapping (including safety-related infrastructure, and transpor- heavy-duty vehicle.’’.
the establishment of temporary and permanent tation projects to achieve compliance with the (b) SENSE OF CONGRESS.—Section 101(c) of title
geodetic control in accordance with specifica- Americans with Disabilities Act of 1990 (42 23, United States Code, is amended by striking
tions of the National Oceanic and Atmospheric U.S.C. 12101 et seq.). ‘‘system’’ and inserting ‘‘highway’’.
SEC. 1104. NATIONAL HIGHWAY SYSTEM. metropolitan planning organization designated nating the highway as a route on the Interstate
(a) IN GENERAL.—Section 103 of title 23, for the area under section 134. System under subparagraph (A) or under any
United States Code, is amended to read as fol- ‘‘(c) INTERSTATE SYSTEM.— other provision of law providing for addition to
lows: ‘‘(1) DESCRIPTION.— the Interstate System.
‘‘§ 103. National Highway System ‘‘(A) IN GENERAL.—The Dwight D. Eisenhower ‘‘(v) RETROACTIVE EFFECT.—An agreement de-
National System of Interstate and Defense High- scribed in clause (ii) that is entered into before
‘‘(a) IN GENERAL.—For the purposes of this
ways within the United States (including the August 10, 2005, shall be deemed to include the
title, the Federal-aid system is the National
District of Columbia and Puerto Rico) consists 25-year time limitation described in that clause,
Highway System, which includes the Interstate
of highways designed, located, and selected in regardless of any earlier construction comple-
System.
‘‘(b) NATIONAL HIGHWAY SYSTEM.— accordance with this paragraph. tion date in the agreement.
‘‘(1) DESCRIPTION.—The National Highway ‘‘(B) DESIGN.— ‘‘(vi) REFERENCES.—No law, rule, regulation,
‘‘(i) IN GENERAL.—Except as provided in map, document, or other record of the United
System consists of the highway routes and con-
clause (ii), highways on the Interstate System States, or of any State or political subdivision of
nections to transportation facilities that shall—
‘‘(A) serve major population centers, inter- shall be designed in accordance with the stand- a State, shall refer to any highway designated
national border crossings, ports, airports, public ards of section 109(b). as a future Interstate System route under this
transportation facilities, and other intermodal ‘‘(ii) EXCEPTION.—Highways on the Interstate subparagraph, and no such highway shall be
transportation facilities and other major travel System in Alaska and Puerto Rico shall be designed or marked, as a highway on the Inter-
destinations; signed in accordance with such geometric and state System, until such time as the highway—
‘‘(B) meet national defense requirements; and construction standards as are adequate for cur- ‘‘(I) is constructed to the geometric and con-
‘‘(C) serve interstate and interregional travel rent and probable future traffic demands and struction standards for the Interstate System;
and commerce. the needs of the locality of the highway. and
‘‘(2) COMPONENTS.—The National Highway ‘‘(C) LOCATION.—Highways on the Interstate ‘‘(II) has been designated as a route on the
System described in paragraph (1) consists of System shall be located so as— Interstate System.
the following: ‘‘(i) to connect by routes, as direct as prac- ‘‘(C) FINANCIAL RESPONSIBILITY.—Except as
‘‘(A) The National Highway System depicted ticable, the principal metropolitan areas, cities, provided in this title, the designation of a high-
on the map submitted by the Secretary of Trans- and industrial centers; way under this paragraph shall create no addi-
portation to Congress with the report entitled ‘‘(ii) to serve the national defense; and tional Federal financial responsibility with re-
‘Pulling Together: The National Highway Sys- ‘‘(iii) to the maximum extent practicable, to spect to the highway.
tem and its Connections to Major Intermodal connect at suitable border points with routes of ‘‘(5) EXEMPTION OF INTERSTATE SYSTEM.—
Terminals’ and dated May 24, 1996, and modi- continental importance in Canada and Mexico. ‘‘(A) IN GENERAL.—Except as provided in sub-
fications approved by the Secretary before the ‘‘(D) SELECTION OF ROUTES.—To the maximum paragraph (B), the Interstate System shall not
date of enactment of the MAP–21. extent practicable, each route of the Interstate be considered to be a historic site under section
‘‘(B) Other urban and rural principal arterial System shall be selected by joint action of the 303 of title 49 or section 138 of this title, regard-
routes, and border crossings on those routes, State transportation departments of the State in less of whether the Interstate System or portions
that were not included on the National High- which the route is located and the adjoining or elements of the Interstate System are listed
way System before the date of enactment of the States, in cooperation with local and regional on, or eligible for listing on, the National Reg-
MAP–21. officials, and subject to the approval of the Sec- ister of Historic Places.
‘‘(C) Other connector highways (including toll retary. ‘‘(B) INDIVIDUAL ELEMENTS.—Subject to sub-
facilities) that were not included in the National ‘‘(2) MAXIMUM MILEAGE.—The mileage of paragraph (C)—
Highway System before the date of enactment of highways on the Interstate System shall not ex- ‘‘(i) the Secretary shall determine, through
the MAP–21 but that provide motor vehicle ac- ceed 43,000 miles, exclusive of designations the administrative process established for ex-
cess between arterial routes on the National under paragraph (4). empting the Interstate System from section 106
Highway System and a major intermodal trans- ‘‘(3) MODIFICATIONS.—The Secretary may ap- of the National Historic Preservation Act (16
portation facility. prove or require modifications to the Interstate U.S.C. 470f), those individual elements of the
‘‘(D) A strategic highway network that— System in a manner consistent with the policies Interstate System that possess national or excep-
‘‘(i) consists of a network of highways that and procedures established under this sub- tional historic significance (such as a historic
are important to the United States strategic de- section. bridge or a highly significant engineering fea-
fense policy, that provide defense access, con- ‘‘(4) INTERSTATE SYSTEM DESIGNATIONS.— ture); and
tinuity, and emergency capabilities for the ‘‘(A) ADDITIONS.—If the Secretary determines ‘‘(ii) those elements shall be considered to be
movement of personnel, materials, and equip- that a highway on the National Highway Sys- historic sites under section 303 of title 49 or sec-
ment in both peacetime and wartime, and that tem meets all standards of a highway on the tion 138 of this title, as applicable.
were not included on the National Highway Interstate System and that the highway is a log- ‘‘(C) CONSTRUCTION, MAINTENANCE, RESTORA-
System before the date of enactment of the ical addition or connection to the Interstate Sys- TION, AND REHABILITATION ACTIVITIES.—Sub-
MAP–21; tem, the Secretary may, upon the affirmative paragraph (B) does not prohibit a State from
‘‘(ii) may include highways on or off the recommendation of the State or States in which carrying out construction, maintenance, preser-
Interstate System; and the highway is located, designate the highway vation, restoration, or rehabilitation activities
‘‘(iii) shall be designated by the Secretary, in as a route on the Interstate System. for a portion of the Interstate System referred to
consultation with appropriate Federal agencies ‘‘(B) DESIGNATIONS AS FUTURE INTERSTATE in subparagraph (B) upon compliance with sec-
and the States. SYSTEM ROUTES.— tion 303 of title 49 or section 138 of this title, as
‘‘(E) Major strategic highway network con- ‘‘(i) IN GENERAL.—Subject to clauses (ii) applicable, and section 106 of the National His-
nectors that— through (vi), if the Secretary determines that a toric Preservation Act (16 U.S.C. 470f).’’.
‘‘(i) consist of highways that provide motor highway on the National Highway System (b) INCLUSION OF CERTAIN ROUTE SEGMENTS
vehicle access between major military installa- would be a logical addition or connection to the ON INTERSTATE SYSTEM.—
tions and highways that are part of the stra- Interstate System and would qualify for des- (1) IN GENERAL.—Section 1105(e)(5)(A) of the
tegic highway network but were not included on ignation as a route on the Interstate System Intermodal Surface Transportation Efficiency
the National Highway System before the date of under subparagraph (A) if the highway met all Act of 1991 (105 Stat. 2031; 109 Stat. 597; 115
enactment of the MAP–21; and standards of a highway on the Interstate Sys- Stat. 872) is amended—
‘‘(ii) shall be designated by the Secretary, in tem, the Secretary may, upon the affirmative (A) in the first sentence, by striking ‘‘and in
consultation with appropriate Federal agencies recommendation of the State or States in which subsections (c)(18) and (c)(20)’’ and inserting ‘‘,
and the States. the highway is located, designate the highway in subsections (c)(18) and (c)(20), and in sub-
‘‘(3) MODIFICATIONS TO NHS.— as a future Interstate System route. paragraphs (A)(iii) and (B) of subsection
‘‘(A) IN GENERAL.—The Secretary may make ‘‘(ii) WRITTEN AGREEMENT.—A designation (c)(26)’’; and
any modification, including any modification under clause (i) shall be made only upon the (B) in the second sentence, by striking ‘‘that
consisting of a connector to a major intermodal written agreement of each State described in the segment’’ and all that follows through the
terminal, to the National Highway System that that clause that the highway will be constructed period and inserting ‘‘that the segment meets
is proposed by a State if the Secretary deter- to meet all standards of a highway on the Inter- the Interstate System design standards approved
mines that the modification— state System by not later than the date that is by the Secretary under section 109(b) of title 23,
‘‘(i) meets the criteria established for the Na- 25 years after the date of the agreement. United States Code, and is planned to connect
tional Highway System under this title after the ‘‘(iii) FAILURE TO COMPLETE CONSTRUCTION.— to an existing Interstate System segment by the
date of enactment of the MAP–21; and If a State described in clause (i) has not sub- date that is 25 years after the date of enactment
‘‘(ii) enhances the national transportation stantially completed the construction of a high- of the MAP–21.’’.
characteristics of the National Highway System. way designated under this subparagraph by the (2) ROUTE DESIGNATION.—Section
‘‘(B) COOPERATION.— date specified in clause (ii), the Secretary shall 1105(e)(5)(C)(i) of the Intermodal Surface Trans-
‘‘(i) IN GENERAL.—In proposing a modification remove the designation of the highway as a fu- portation Efficiency Act of 1991 (105 Stat. 2032;
under this paragraph, a State shall cooperate ture Interstate System route. 109 Stat. 598) is amended by adding at the end
with local and regional officials. ‘‘(iv) EFFECT OF REMOVAL.—Removal of the the following: ‘‘The routes referred to subpara-
‘‘(ii) URBANIZED AREAS.—In an urbanized designation of a highway under clause (iii) graphs (A)(iii) and (B)(i) of subsection (c)(26)
area, the local officials shall act through the shall not preclude the Secretary from desig- are designated as Interstate Route I-11.’’.
(c) CONFORMING AMENDMENTS.— ‘‘(4) CONGESTION MITIGATION AND AIR QUALITY safety improvement program under section 148,
(1) ANALYSIS.—The analysis for chapter 1 of IMPROVEMENT PROGRAM.—For the congestion the congestion mitigation and air quality im-
title 23, United States Code, is amended by strik- mitigation and air quality improvement pro- provement program under section 149, and to
ing the item relating to section 103 and inserting gram, an amount determined by multiplying the carry out section 134 in accordance with sub-
the following: amount determined for the State under subparagraph (A).
‘‘103. National Highway System.’’. section (c) by the proportion that— ‘‘(d) METROPOLITAN PLANNING.—
(2) SECTION 113.—Section 113 of title 23, United ‘‘(A) the amount apportioned to the State for ‘‘(1) USE OF AMOUNTS.—
States Code, is amended— the congestion mitigation and air quality im- ‘‘(A) USE.—
(A) in subsection (a) by striking ‘‘the Federal- provement program for fiscal year 2009; bears to ‘‘(i) IN GENERAL.—Except as provided in
aid systems’’ and inserting ‘‘Federal-aid high- ‘‘(B) the total amount of funds apportioned to clause (ii), the amounts apportioned to a State
ways’’; and the State for that fiscal year for the programs under subsection (b)(5) shall be made available
(B) in subsection (b), in the first sentence, by referred to in section 105(a)(2) (except for the by the State to the metropolitan planning orga-
striking ‘‘of the Federal-aid systems’’ and in- high priority projects program referred to in sec- nizations responsible for carrying out section
serting ‘‘Federal-aid highway’’. tion 105(a)(2)(H)), as in effect on the day before 134 in the State.
(3) SECTION 123.—Section 123(a) of title 23, the date of enactment of the MAP–21.
‘‘(ii) STATES RECEIVING MINIMUM APPORTION-
United States Code, is amended in the first sen- ‘‘(5) METROPOLITAN PLANNING.—To carry out
MENT.—A State that received the minimum ap-
tence by striking ‘‘Federal-aid system’’ and in- section 134, an amount determined by multi-
portionment for use in carrying out section 134
serting ‘‘Federal-aid highway’’. plying the amount determined for the State
for fiscal year 2009 may, subject to the approval
(4) SECTION 217.—Section 217(b) of title 23, under subsection (c) by the proportion that—
‘‘(A) the amount apportioned to the State to of the Secretary, use the funds apportioned
United States Code, is amended in the sub- under subsection (b)(5) to fund transportation
section heading by striking ‘‘NATIONAL HIGH- carry out section 134 for fiscal year 2009; bears
to planning outside of urbanized areas.
WAY SYSTEM’’ and inserting ‘‘NATIONAL HIGH- ‘‘(B) UNUSED FUNDS.—Any funds that are not
WAY PERFORMANCE PROGRAM’’.
‘‘(B) the total amount of funds apportioned to
the State for that fiscal year for the programs used to carry out section 134 may be made avail-
(5) SECTION 304.—Section 304 of title 23, United able by a metropolitan planning organization to
States Code, is amended in the first sentence by referred to in section 105(a)(2) (except for the
high priority projects program referred to in sec- the State to fund activities under section 135.
striking ‘‘the Federal-aid highway systems’’ and ‘‘(2) DISTRIBUTION OF AMOUNTS WITHIN
inserting ‘‘Federal-aid highways’’. tion 105(a)(2)(H)), as in effect on the day before
the date of enactment of the MAP–21. STATES.—
(6) SECTION 317.—Section 317(d) of title 23,
‘‘(c) CALCULATION OF STATE AMOUNTS.— ‘‘(A) IN GENERAL.—The distribution within
United States Code, is amended by striking
‘‘(1) FOR FISCAL YEAR 2013.— any State of the planning funds made available
‘‘system’’ and inserting ‘‘highway’’.
‘‘(A) CALCULATION OF AMOUNT.—For fiscal to organizations under paragraph (1) shall be in
SEC. 1105. APPORTIONMENT.
year 2013, the amount for each State of com- accordance with a formula that—
(a) IN GENERAL.—Section 104 of title 23, bined apportionments for the national highway ‘‘(i) is developed by each State and approved
United States Code, is amended to read as fol- performance program under section 119, the sur- by the Secretary; and
lows: face transportation program under section 133, ‘‘(ii) takes into consideration, at a minimum,
‘‘§ 104. Apportionment the highway safety improvement program under population, status of planning, attainment of
‘‘(a) ADMINISTRATIVE EXPENSES.— section 148, the congestion mitigation and air air quality standards, metropolitan area trans-
‘‘(1) IN GENERAL.—There are authorized to be quality improvement program under section 149, portation needs, and other factors necessary to
appropriated from the Highway Trust Fund and to carry out section 134 shall be equal to the provide for an appropriate distribution of funds
(other than the Mass Transit Account) to be combined amount of apportionments that the to carry out section 134 and other applicable re-
made available to the Secretary for administra- State received for fiscal year 2012. quirements of Federal law.
tive expenses of the Federal Highway Adminis- ‘‘(B) STATE APPORTIONMENT.—On October 1 of ‘‘(B) REIMBURSEMENT.—Not later than 15
tration— such fiscal year, the Secretary shall apportion business days after the date of receipt by a State
‘‘(A) $454,180,326 for fiscal year 2013; and the sum authorized to be appropriated for ex- of a request for reimbursement of expenditures
‘‘(B) $440,000,000 for fiscal year 2014. penditure on the national highway performance made by a metropolitan planning organization
‘‘(2) PURPOSES.—The amounts authorized to program under section 119, the surface transpor- for carrying out section 134, the State shall re-
be appropriated by this subsection shall be tation program under section 133, the highway imburse, from amounts distributed under this
used— safety improvement program under section 148, paragraph to the metropolitan planning organi-
‘‘(A) to administer the provisions of law to be the congestion mitigation and air quality im- zation by the State, the metropolitan planning
funded from appropriations for the Federal-aid provement program under section 149, and to organization for those expenditures.
highway program and programs authorized carry out section 134 in accordance with sub- ‘‘(3) DETERMINATION OF POPULATION FIG-
under chapter 2; paragraph (A). URES.—For the purpose of determining popu-
‘‘(B) to make transfers of such sums as the ‘‘(2) FOR FISCAL YEAR 2014.— lation figures under this subsection, the Sec-
Secretary determines to be appropriate to the ‘‘(A) STATE SHARE.—For fiscal year 2014, the retary shall use the latest available data from
Appalachian Regional Commission for adminis- amount for each State of combined apportion- the decennial census conducted under section
trative activities associated with the Appa- ments for the national highway performance 141(a) of title 13, United States Code.
lachian development highway system; and program under section 119, the surface transpor- ‘‘(e) CERTIFICATION OF APPORTIONMENTS.—
‘‘(C) to reimburse, as appropriate, the Office tation program under section 133, the highway
‘‘(1) IN GENERAL.—The Secretary shall—
of Inspector General of the Department of safety improvement program under section 148,
‘‘(A) on October 1 of each fiscal year, certify
Transportation for the conduct of annual audits the congestion mitigation and air quality im-
to each of the State transportation departments
of financial statements in accordance with sec- provement program under section 149, and to
the amount that has been apportioned to the
tion 3521 of title 31. carry out section 134 shall be determined as fol-
‘‘(3) AVAILABILITY.—The amounts made avail- State under this section for the fiscal year; and
lows:
able under paragraph (1) shall remain available ‘‘(i) INITIAL AMOUNT.—The initial amount for ‘‘(B) to permit the States to develop adequate
until expended. each State shall be determined by multiplying plans for the use of amounts apportioned under
‘‘(b) DIVISION OF STATE APPORTIONMENTS the total amount available for apportionment by this section, advise each State of the amount
AMONG PROGRAMS.—The Secretary shall dis- the share for each State which shall be equal to that will be apportioned to the State under this
tribute the amount apportioned to a State for a the proportion that— section for a fiscal year not later than 90 days
fiscal year under subsection (c) among the na- ‘‘(I) the amount of apportionments that the before the beginning of the fiscal year for which
tional highway performance program, the sur- State received for fiscal year 2012; bears to the sums to be apportioned are authorized.
face transportation program, the highway safe- ‘‘(II) the amount of those apportionments re- ‘‘(2) NOTICE TO STATES.—If the Secretary has
ty improvement program, and the congestion ceived by all States for that fiscal year. not made an apportionment under this section
mitigation and air quality improvement pro- ‘‘(ii) ADJUSTMENTS TO AMOUNTS.—The initial for a fiscal year beginning after September 30,
gram, and to carry out section 134 as follows: amounts resulting from the calculation under 1998, by not later than the date that is the twen-
‘‘(1) NATIONAL HIGHWAY PERFORMANCE PRO- clause (i) shall be adjusted to ensure that, for ty-first day of that fiscal year, the Secretary
GRAM.—For the national highway performance each State, the amount of combined apportion- shall submit, by not later than that date, to the
program, 63.7 percent of the amount remaining ments for the programs shall not be less than 95 Committee on Transportation and Infrastruc-
after distributing amounts under paragraphs (4) percent of the estimated tax payments attrib- ture of the House of Representatives and the
and (5). utable to highway users in the State paid into Committee on Environment and Public Works of
‘‘(2) SURFACE TRANSPORTATION PROGRAM.— the Highway Trust Fund (other than the Mass the Senate, a written statement of the reason for
For the surface transportation program, 29.3 Transit Account) in the most recent fiscal year not making the apportionment in a timely man-
percent of the amount remaining after distrib- for which data are available. ner.
uting amounts under paragraphs (4) and (5). ‘‘(B) STATE APPORTIONMENT.—On October 1 of ‘‘(3) APPORTIONMENT CALCULATIONS.—
‘‘(3) HIGHWAY SAFETY IMPROVEMENT PRO- such fiscal year, the Secretary shall apportion ‘‘(A) IN GENERAL.—The calculation of official
GRAM.—For the highway safety improvement the sum authorized to be appropriated for ex- apportionments of funds to the States under this
program, 7 percent of the amount remaining penditure on the national highway performance title is a primary responsibility of the Depart-
after distributing amounts under paragraphs (4) program under section 119, the surface transpor- ment and shall be carried out only by employees
and (5). tation program under section 133, the highway (and not contractors) of the Department.
‘‘(B) PROHIBITION ON USE OF FUNDS TO HIRE striking ‘‘sections 104(b)(l) and 104(b)(3)’’ and ‘‘(iii) the construction or improvements are
CONTRACTORS.—None of the funds made avail- inserting ‘‘section 104(b)(2)’’. more cost-effective, as determined by benefit-
able under this title shall be used to hire con- SEC. 1106. NATIONAL HIGHWAY PERFORMANCE cost analysis, than an improvement to the fully
tractors to calculate the apportionments of PROGRAM. access-controlled highway described in clause
funds to States. (a) IN GENERAL.—Section 119 of title 23, (i).
‘‘(f) TRANSFER OF HIGHWAY AND TRANSIT United States Code, is amended to read as fol- ‘‘(H) Bicycle transportation and pedestrian
FUNDS.— lows: walkways in accordance with section 217.
‘‘(1) TRANSFER OF HIGHWAY FUNDS FOR TRAN- ‘‘§ 119. National highway performance pro- ‘‘(I) Highway safety improvements for seg-
SIT PROJECTS.— gram ments of the National Highway System.
‘‘(A) IN GENERAL.—Subject to subparagraph ‘‘(J) Capital and operating costs for traffic
‘‘(a) ESTABLISHMENT.—The Secretary shall es- and traveler information monitoring, manage-
(B), amounts made available for transit projects
tablish and implement a national highway per- ment, and control facilities and programs.
or transportation planning under this title may
formance program under this section. ‘‘(K) Development and implementation of a
be transferred to and administered by the Sec- ‘‘(b) PURPOSES.—The purposes of the national
retary in accordance with chapter 53 of title 49. State asset management plan for the National
highway performance program shall be— Highway System in accordance with this sec-
‘‘(B) NON-FEDERAL SHARE.—The provisions of ‘‘(1) to provide support for the condition and
this title relating to the non-Federal share shall tion, including data collection, maintenance,
performance of the National Highway System;
apply to the amounts transferred under sub- and integration and the cost associated with ob-
‘‘(2) to provide support for the construction of
paragraph (A). taining, updating, and licensing software and
new facilities on the National Highway System;
‘‘(2) TRANSFER OF TRANSIT FUNDS FOR HIGH- equipment required for risk-based asset manage-
and
WAY PROJECTS.— ‘‘(3) to ensure that investments of Federal-aid ment and performance-based management.
‘‘(A) IN GENERAL.—Subject to subparagraph ‘‘(L) Infrastructure-based intelligent transpor-
funds in highway construction are directed to
(B), amounts made available for highway tation systems capital improvements.
support progress toward the achievement of per- ‘‘(M) Environmental restoration and pollution
projects or transportation planning under chap- formance targets established in an asset man-
ter 53 of title 49 may be transferred to and ad- abatement in accordance with section 328.
agement plan of a State for the National High- ‘‘(N) Control of noxious weeds and aquatic
ministered by the Secretary in accordance with way System.
this title. noxious weeds and establishment of native spe-
‘‘(c) ELIGIBLE FACILITIES.—Except as provided cies in accordance with section 329.
‘‘(B) NON-FEDERAL SHARE.—The provisions of in subsection (d), to be eligible for funding ap-
chapter 53 of title 49 relating to the non-Federal ‘‘(O) Environmental mitigation efforts related
portioned under section 104(b)(1) to carry out to projects funded under this section, as de-
share shall apply to amounts transferred under this section, a facility shall be located on the
subparagraph (A). scribed in subsection (g).
National Highway System, as defined in section ‘‘(P) Construction of publicly owned intracity
‘‘(3) TRANSFER OF FUNDS AMONG STATES OR TO 103.
FEDERAL HIGHWAY ADMINISTRATION.—
or intercity bus terminals servicing the National
‘‘(d) ELIGIBLE PROJECTS.—Funds apportioned Highway System.
‘‘(A) IN GENERAL.—Subject to subparagraph to a State to carry out the national highway
(B), the Secretary may, at the request of a State, ‘‘(e) STATE PERFORMANCE MANAGEMENT.—
performance program may be obligated only for ‘‘(1) IN GENERAL.—A State shall develop a
transfer amounts apportioned or allocated a project on an eligible facility that is— risk-based asset management plan for the Na-
under this title to the State to another State, or ‘‘(1)(A) a project or part of a program of tional Highway System to improve or preserve
to the Federal Highway Administration, for the projects supporting progress toward the achieve- the condition of the assets and the performance
purpose of funding 1 or more projects that are ment of national performance goals for improv- of the system.
eligible for assistance with amounts so appor- ing infrastructure condition, safety, mobility, or ‘‘(2) PERFORMANCE DRIVEN PLAN.—A State
tioned or allocated. freight movement on the National Highway Sys- asset management plan shall include strategies
‘‘(B) APPORTIONMENT.—The transfer shall tem; and leading to a program of projects that would
have no effect on any apportionment of ‘‘(B) consistent with sections 134 and 135; and make progress toward achievement of the State
amounts to a State under this section. ‘‘(2) for 1 or more of the following purposes: targets for asset condition and performance of
‘‘(C) FUNDS SUBALLOCATED TO URBANIZED ‘‘(A) Construction, reconstruction, resur- the National Highway System in accordance
AREAS.—Amounts that are apportioned or allo- facing, restoration, rehabilitation, preservation, with section 150(d) and supporting the progress
cated to a State under subsection (b)(3) (as in or operational improvement of segments of the toward the achievement of the national goals
effect on the day before the date of enactment of National Highway System. identified in section 150(b).
the MAP–21) or subsection (b)(2) and attributed ‘‘(B) Construction, replacement (including re- ‘‘(3) SCOPE.—In developing a risk-based asset
to an urbanized area of a State with a popu- placement with fill material), rehabilitation, management plan, the Secretary shall encour-
lation of more than 200,000 individuals under preservation, and protection (including scour age States to include all infrastructure assets
section 133(d) may be transferred under this countermeasures, seismic retrofits, impact pro- within the right-of-way corridor in such plan.
paragraph only if the metropolitan planning or- tection measures, security countermeasures, and ‘‘(4) PLAN CONTENTS.—A State asset manage-
ganization designated for the area concurs, in protection against extreme events) of bridges on ment plan shall, at a minimum, be in a form
writing, with the transfer request. the National Highway System. that the Secretary determines to be appropriate
‘‘(4) TRANSFER OF OBLIGATION AUTHORITY.— ‘‘(C) Construction, replacement (including re- and include—
Obligation authority for amounts transferred placement with fill material), rehabilitation, ‘‘(A) a summary listing of the pavement and
under this subsection shall be transferred in the preservation, and protection (including impact bridge assets on the National Highway System
same manner and amount as the amounts for protection measures, security countermeasures, in the State, including a description of the con-
the projects that are transferred under this sec- and protection against extreme events) of tun- dition of those assets;
tion. nels on the National Highway System. ‘‘(B) asset management objectives and meas-
‘‘(g) REPORT TO CONGRESS.—For each fiscal ‘‘(D) Inspection and evaluation, as described ures;
year, the Secretary shall make available to the in section 144, of bridges and tunnels on the Na- ‘‘(C) performance gap identification;
public, in a user-friendly format via the Inter- tional Highway System, and inspection and ‘‘(D) lifecycle cost and risk management anal-
net, a report that describes— evaluation of other highway infrastructure as- ysis;
‘‘(1) the amount obligated, by each State, for sets on the National Highway System, including ‘‘(E) a financial plan; and
Federal-aid highways and highway safety con- signs and sign structures, earth retaining walls, ‘‘(F) investment strategies.
struction programs during the preceding fiscal and drainage structures. ‘‘(5) REQUIREMENT FOR PLAN.—Notwith-
year; ‘‘(E) Training of bridge and tunnel inspectors, standing section 120, with respect to the second
‘‘(2) the balance, as of the last day of the pre- as described in section 144. fiscal year beginning after the date of establish-
ceding fiscal year, of the unobligated apportion- ‘‘(F) Construction, rehabilitation, or replacement of the process established in paragraph (8)
ment of each State by fiscal year under this sec- ment of existing ferry boats and ferry boat fa- or any subsequent fiscal year, if the Secretary
tion; cilities, including approaches, that connect road determines that a State has not developed and
‘‘(3) the balance of unobligated sums available segments of the National Highway System. implemented a State asset management plan
for expenditure at the discretion of the Sec- ‘‘(G) Construction, reconstruction, resur- consistent with this section, the Federal share
retary for such highways and programs for the facing, restoration, rehabilitation, and preserva- payable on account of any project or activity
fiscal year; and tion of, and operational improvements for, a carried out by the State in that fiscal year
‘‘(4) the rates of obligation of funds appor- Federal-aid highway not on the National High- under this section shall be 65 percent.
tioned or set aside under this section, according way System, and construction of a transit ‘‘(6) CERTIFICATION OF PLAN DEVELOPMENT
to— project eligible for assistance under chapter 53 PROCESS.—
‘‘(A) program; of title 49, if— ‘‘(A) IN GENERAL.—Not later than 90 days
‘‘(B) funding category of subcategory; ‘‘(i) the highway project or transit project is after the date on which a State submits a re-
‘‘(C) type of improvement; in the same corridor as, and in proximity to, a quest for approval of the process used by the
‘‘(D) State; and fully access-controlled highway designated as a State to develop the State asset management
‘‘(E) sub-State geographical area, including part of the National Highway System; plan for the National Highway System, the Sec-
urbanized and rural areas, on the basis of the ‘‘(ii) the construction or improvements will re- retary shall—
population of each such area.’’. duce delays or produce travel time savings on ‘‘(i) review the process; and
(b) CONFORMING AMENDMENT.—Section 146(a) the fully access-controlled highway described in ‘‘(ii)(I) certify that the process meets the re-
of title 23, United States Code, is amended by clause (i) and improve regional traffic flow; and quirements established by the Secretary; or
‘‘(II) deny certification and specify actions under section 104(b)(1) only for eligible projects title, for projects that otherwise meet the re-
necessary for the State to take to correct defi- on bridges on the National Highway System. quirements of that section.
ciencies in the State process. ‘‘(B) RESTORATION.—The set-aside require- (2) EXTENSION.—The Secretary may extend the
‘‘(B) RECERTIFICATION.—Not less frequently ment for bridges on the National Highway Sys- transition period for a State under paragraph
than once every 4 years, the Secretary shall re- tem in a State under subparagraph (A) for a fis- (1) if the Secretary determines that the State has
view and recertify that the process used by a cal year shall remain in effect for each subse- made a good faith effort to establish an asset
State to develop and maintain the State asset quent fiscal year until such time as less than 10 management plan and performance targets re-
management plan for the National Highway percent of the total deck area of bridges in the ferred to in that paragraph.
System meets the requirements for the process, State on the National Highway System is lo- (c) CONFORMING AMENDMENT.—The analysis
as established by the Secretary. cated on bridges that have been classified as for chapter 1 of title 23, United States Code, is
‘‘(C) OPPORTUNITY TO CURE.—If the Secretary structurally deficient, as determined by the Sec- amended by striking the item relating to section
denies certification under subparagraph (A), the retary. 119 and inserting the following:
Secretary shall provide the State with— ‘‘(g) ENVIRONMENTAL MITIGATION.— ‘‘119. National highway performance program.’’.
‘‘(i) not less than 90 days to cure the defi- ‘‘(1) ELIGIBLE ACTIVITIES.—In accordance SEC. 1107. EMERGENCY RELIEF.
ciencies of the plan, during which time period with all applicable Federal law (including regu-
Section 125 of title 23, United States Code, is
all penalties and other legal impacts of a denial lations), environmental mitigation efforts re-
amended to read as follows:
of certification shall be stayed; and ferred to in subsection (d)(2)(O) include partici-
‘‘(ii) a written statement of the specific ac- pation in natural habitat and wetlands mitiga- ‘‘§ 125. Emergency relief
tions the Secretary determines to be necessary tion efforts relating to projects funded under ‘‘(a) IN GENERAL.—Subject to this section and
for the State to cure the plan. this title, which may include— section 120, an emergency fund is authorized for
‘‘(7) PERFORMANCE ACHIEVEMENT.—A State ‘‘(A) participation in mitigation banking or expenditure by the Secretary for the repair or
that does not achieve or make significant other third-party mitigation arrangements, such reconstruction of highways, roads, and trails, in
progress toward achieving the targets of the as— any area of the United States, including Indian
State for performance measures described in sec- ‘‘(i) the purchase of credits from commercial reservations, that the Secretary finds have suf-
tion 150(d) for the National Highway System for mitigation banks; fered serious damage as a result of—
2 consecutive reports submitted under this para- ‘‘(ii) the establishment and management of ‘‘(1) a natural disaster over a wide area, such
graph shall include in the next report submitted agency-sponsored mitigation banks; and as by a flood, hurricane, tidal wave, earth-
a description of the actions the State will under- ‘‘(iii) the purchase of credits or establishment quake, severe storm, or landslide; or
take to achieve the targets. of in-lieu fee mitigation programs; ‘‘(2) catastrophic failure from any external
‘‘(8) PROCESS.—Not later than 18 months after ‘‘(B) contributions to statewide and regional cause.
the date of enactment of the MAP–21, the Sec- efforts to conserve, restore, enhance, and create ‘‘(b) RESTRICTION ON ELIGIBILITY.—
retary shall, by regulation and in consultation natural habitats and wetlands; and ‘‘(1) DEFINITION OF CONSTRUCTION PHASE.—In
with State departments of transportation, estab- ‘‘(C) the development of statewide and re- this subsection, the term ‘construction phase’
lish the process to develop the State asset man- gional environmental protection plans, includ- means the phase of physical construction of a
agement plan described in paragraph (1). ing natural habitat and wetland conservation highway or bridge facility that is separate from
‘‘(f) INTERSTATE SYSTEM AND NHS BRIDGE and restoration plans. any other identified phases, such as planning,
CONDITIONS.— ‘‘(2) INCLUSION OF OTHER ACTIVITIES.—The design, or right-of-way phases, in the State
‘‘(1) CONDITION OF INTERSTATE SYSTEM.— banks, efforts, and plans described in paragraph transportation improvement program.
‘‘(A) PENALTY.—If, during 2 consecutive re- (1) include any such banks, efforts, and plans ‘‘(2) RESTRICTION.—In no case shall funds be
porting periods, the condition of the Interstate developed in accordance with applicable law used under this section for the repair or recon-
System, excluding bridges on the Interstate Sys- (including regulations). struction of a bridge—
tem, in a State falls below the minimum condi- ‘‘(3) TERMS AND CONDITIONS.—The following ‘‘(A) that has been permanently closed to all
tion level established by the Secretary under terms and conditions apply to natural habitat vehicular traffic by the State or responsible
section 150(c)(3), the State shall be required, and wetlands mitigation efforts under this sub- local official because of imminent danger of col-
during the following fiscal year— section: lapse due to a structural deficiency or physical
‘‘(i) to obligate, from the amounts apportioned ‘‘(A) Contributions to the mitigation effort deterioration; or
to the State under section 104(b)(1), an amount may— ‘‘(B) if a construction phase of a replacement
that is not less than the amount of funds appor- ‘‘(i) take place concurrent with, or in advance structure is included in the approved Statewide
tioned to the State for fiscal year 2009 under the of, commitment of funding under this title to a transportation improvement program at the time
Interstate maintenance program for the pur- project or projects; and of an event described in subsection (a).
poses described in this section (as in effect on ‘‘(ii) occur in advance of project construction ‘‘(c) FUNDING.—
the day before the date of enactment of the only if the efforts are consistent with all appli- ‘‘(1) IN GENERAL.—Subject to the limitations
MAP–21), except that for each year after fiscal cable requirements of Federal law (including described in paragraph (2), there are authorized
year 2013, the amount required to be obligated regulations) and State transportation planning to be appropriated from the Highway Trust
under this clause shall be increased by 2 percent processes. Fund (other than the Mass Transit Account)
over the amount required to be obligated in the ‘‘(B) Credits from any agency-sponsored miti- such sums as are necessary to establish the fund
previous fiscal year; and gation bank that are attributable to funding authorized by this section and to replenish that
‘‘(ii) to transfer, from the amounts appor- under this section may be used only for projects fund on an annual basis.
tioned to the State under section 104(b)(2) (other funded under this title, unless the agency pays ‘‘(2) LIMITATIONS.—The limitations referred to
than amounts suballocated to metropolitan to the Secretary an amount equal to the Federal in paragraph (1) are that—
areas and other areas of the State under section funds attributable to the mitigation bank credits ‘‘(A) not more than $100,000,000 is authorized
133(d)) to the apportionment of the State under the agency uses for purposes other than mitiga- to be obligated in any 1 fiscal year commencing
section 104(b)(1), an amount equal to 10 percent tion of a project funded under this title. after September 30, 1980, to carry out this sec-
of the amount of funds apportioned to the State ‘‘(4) PREFERENCE.—At the discretion of the tion, except that, if for any fiscal year the total
for fiscal year 2009 under the Interstate mainte- project sponsor, preference shall be given, to the of all obligations under this section is less than
nance program for the purposes described in this maximum extent practicable, to mitigating an the amount authorized to be obligated for the
section (as in effect on the day before the date environmental impact through the use of a miti- fiscal year, the unobligated balance of that
of enactment of the MAP–21). gation bank, in-lieu fee, or other third-party amount shall—
‘‘(B) RESTORATION.—The obligation require- mitigation arrangement, if the use of credits ‘‘(i) remain available until expended; and
ment for the Interstate System in a State re- from the mitigation bank or in-lieu fee, or the ‘‘(ii) be in addition to amounts otherwise
quired by subparagraph (A) for a fiscal year other third-party mitigation arrangement for available to carry out this section for each year;
shall remain in effect for each subsequent fiscal the project, is approved by the applicable Fed- and
year until such time as the condition of the eral agency.’’. ‘‘(B)(i) pending such appropriation or replen-
Interstate System in the State exceeds the min- (b) TRANSITION PERIOD.— ishment, the Secretary may obligate from any
imum condition level established by the Sec- (1) IN GENERAL.—Except as provided in para- funds appropriated at any time for obligation in
retary. graph (2), until such date as a State has in ef- accordance with this title, including existing
‘‘(2) CONDITION OF NHS BRIDGES.— fect an approved asset management plan and Federal-aid appropriations, such sums as are
‘‘(A) PENALTY.—If the Secretary determines has established performance targets as described necessary for the immediate prosecution of the
that, for the 3-year-period preceding the date of in sections 119 and 150 of title 23, United States work herein authorized; and
the determination, more than 10 percent of the Code, that will contribute to achieving the na- ‘‘(ii) funds obligated under this subparagraph
total deck area of bridges in the State on the tional goals for the condition and performance shall be reimbursed from the appropriation or
National Highway System is located on bridges of the National Highway System, but not later replenishment.
that have been classified as structurally defi- than 18 months after the date on which the Sec- ‘‘(d) ELIGIBILITY.—
cient, an amount equal to 50 percent of funds retary promulgates the final regulation required ‘‘(1) IN GENERAL.—The Secretary may expend
apportioned to such State for fiscal year 2009 to under section 150(c) of that title, the Secretary funds from the emergency fund authorized by
carry out section 144 (as in effect the day before shall approve obligations of funds apportioned this section only for the repair or reconstruction
enactment of MAP–21) shall be set aside from to a State to carry out the national highway of highways on Federal-aid highways in accord-
amounts apportioned to a State for a fiscal year performance program under section 119 of that ance with this chapter, except that—
‘‘(A) no funds shall be so expended unless an ferred to the account from which the expendi- (7) in paragraph (11) (as so redesignated) by
emergency has been declared by the Governor of ture was made, or to a similar account that re- striking ‘‘enhancement activities’’ and inserting
the State with concurrence by the Secretary, mains available for obligation; and ‘‘alternatives’’;
unless the President has declared the emergency ‘‘(ii) the budget authority associated with the (8) by striking paragraph (14) (as so redesig-
to be a major disaster for the purposes of the expenditure shall be restored to the agency from nated) and inserting the following:
Robert T. Stafford Disaster Relief and Emer- which the authority was derived and shall be ‘‘(14) Environmental mitigation efforts relat-
gency Assistance Act (42 U.S.C. 5121 et seq.) for available for obligation until the end of the fis- ing to projects funded under this title in the
which concurrence of the Secretary is not re- cal year following the year in which the trans- same manner and to the same extent as such ac-
quired; and fer occurs. tivities are eligible under section 119(g).’’; and
‘‘(B) the Secretary has received an application ‘‘(f) TREATMENT OF TERRITORIES.—For pur- (9) by inserting after paragraph (18) (as so re-
from the State transportation department that poses of this section, the Virgin Islands, Guam, designated) the following:
includes a comprehensive list of all eligible American Samoa, and the Commonwealth of the ‘‘(19) Projects and strategies designed to sup-
project sites and repair costs by not later than Northern Mariana Islands shall be considered to port congestion pricing, including electric toll
2 years after the natural disaster or catastrophic be States and parts of the United States, and collection and travel demand management strat-
failure. the chief executive officer of each such territory egies and programs.
‘‘(2) COST LIMITATION.— shall be considered to be a Governor of a State. ‘‘(20) Recreational trails projects eligible for
‘‘(A) DEFINITION OF COMPARABLE FACILITY.— ‘‘(g) PROTECTING PUBLIC SAFETY AND MAIN- funding under section 206.
In this paragraph, the term ‘comparable facility’ TAINING ROADWAYS.—The Secretary may use not ‘‘(21) Construction of ferry boats and ferry
means a facility that meets the current geo- more than 5 percent of amounts from the emer- terminal facilities eligible for funding under sec-
metric and construction standards required for gency fund authorized by this section to carry tion 129(c).
the types and volume of traffic that the facility out projects that the Secretary determines are ‘‘(22) Border infrastructure projects eligible
will carry over its design life. necessary to protect the public safety or to for funding under section 1303 of the
‘‘(B) LIMITATION.—The total cost of a project maintain or protect roadways that are included SAFETEA–LU (23 U.S.C. 101 note; Public Law
funded under this section may not exceed the within the scope of an emergency declaration by 109–59).
cost of repair or reconstruction of a comparable the Governor of the State or by the President, in ‘‘(23) Truck parking facilities eligible for
facility. accordance with this section, and the Governor funding under section 1401 of the MAP–21.
‘‘(3) DEBRIS REMOVAL.—The costs of debris re- deems to be an ongoing concern in order to ‘‘(24) Development and implementation of a
moval shall be an eligible expense under this maintain vehicular traffic on the roadway.’’. State asset management plan for the National
section only for— SEC. 1108. SURFACE TRANSPORTATION PRO- Highway System in accordance with section 119,
‘‘(A) an event not declared a major disaster or GRAM. including data collection, maintenance, and in-
emergency by the President under the Robert T. (a) ELIGIBLE PROJECTS.—Section 133(b) of title tegration and the costs associated with obtain-
Stafford Disaster Relief and Emergency Assist- 23, United States Code, is amended— ing, updating, and licensing software and
ance Act (42 U.S.C. 5121 et seq.); or (1) in the matter preceding paragraph (1) by equipment required for risk based asset manage-
‘‘(B) an event declared a major disaster or striking ‘‘section 104(b)(3)’’ and inserting ‘‘sec- ment and performance based management, and
emergency by the President under that Act if tion 104(b)(2)’’; for similar activities related to the development
the debris removal is not eligible for assistance (2) by striking paragraph (1); and implementation of a performance based
under section 403, 407, or 502 of that Act (42 (3) by redesignating paragraphs (2) through management program for other public roads.
U.S.C. 5170b, 5173, 5192). (15) as paragraphs (5) through (18), respectively; ‘‘(25) A project that, if located within the
‘‘(4) TERRITORIES.—The total obligations for (4) by inserting before paragraph (5) (as so re- boundaries of a port terminal, includes only
projects under this section for any fiscal year in designated) the following: such surface transportation infrastructure
the Virgin Islands, Guam, American Samoa, and ‘‘(1) Construction, reconstruction, rehabilita- modifications as are necessary to facilitate di-
the Commonwealth of the Northern Mariana Is- tion, resurfacing, restoration, preservation, or rect intermodal interchange, transfer, and ac-
lands shall not exceed $20,000,000. operational improvements for highways, includ- cess into and out of the port.
‘‘(5) SUBSTITUTE TRAFFIC.—Notwithstanding ing construction of designated routes of the Ap- ‘‘(26) Construction and operational improve-
any other provision of this section, actual and palachian development highway system and ments for any minor collector if—
necessary costs of maintenance and operation of local access roads under section 14501 of title 40. ‘‘(A) the minor collector, and the project to be
ferryboats or additional transit service pro- ‘‘(2) Replacement (including replacement with carried out with respect to the minor collector,
viding temporary substitute highway traffic fill material), rehabilitation, preservation, pro- are in the same corridor as, and in proximity to,
service, less the amount of fares charged for tection (including painting, scour counter- a Federal-aid highway designated as part of the
comparable service, may be expended from the measures, seismic retrofits, impact protection National Highway System;
emergency fund authorized by this section for measures, security countermeasures, and protec- ‘‘(B) the construction or improvements will
Federal-aid highways. tion against extreme events) and application of enhance the level of service on the Federal-aid
‘‘(e) TRIBAL TRANSPORTATION FACILITIES, calcium magnesium acetate, sodium acetate/for- highway described in subparagraph (A) and im-
FEDERAL LANDS TRANSPORTATION FACILITIES, mate, or other environmentally acceptable, mini- prove regional traffic flow; and
AND PUBLIC ROADS ON FEDERAL LANDS.— mally corrosive anti-icing and deicing composi- ‘‘(C) the construction or improvements are
‘‘(1) DEFINITION OF OPEN TO PUBLIC TRAVEL.— tions for bridges (and approaches to bridges and more cost-effective, as determined by a benefit-
In this subsection, the term ‘open to public trav- other elevated structures) and tunnels on public cost analysis, than an improvement to the Fed-
el’ means, with respect to a road, that, except roads of all functional classifications, including eral-aid highway described in subparagraph
during scheduled periods, extreme weather con- any such construction or reconstruction nec- (A).’’.
ditions, or emergencies, the road is open to the essary to accommodate other transportation (b) LOCATION OF PROJECTS.—Section 133 of
general public for use with a standard pas- modes. title 23, United States Code, is amended by strik-
senger vehicle, without restrictive gates or pro- ‘‘(3) Construction of a new bridge or tunnel at ing subsection (c) and inserting the following:
hibitive signs or regulations, other than for gen- a new location on a Federal-aid highway. ‘‘(c) LOCATION OF PROJECTS.—Surface trans-
eral traffic control or restrictions based on size, ‘‘(4) Inspection and evaluation of bridges and portation program projects may not be under-
weight, or class of registration. tunnels and training of bridge and tunnel in- taken on roads functionally classified as local
‘‘(2) EXPENDITURE OF FUNDS.—Notwith- spectors (as defined in section 144), and inspec- or rural minor collectors unless the roads were
standing subsection (d)(1), the Secretary may tion and evaluation of other highway assets (in- on a Federal-aid highway system on January 1,
expend funds from the emergency fund author- cluding signs, retaining walls, and drainage 1991, except—
ized by this section, independently or in co- structures).’’; ‘‘(1) as provided in subsection (g);
operation with any other branch of the Federal (5) by striking paragraph (6) (as so redesig- ‘‘(2) for projects described in paragraphs (2),
Government, a State agency, a tribal govern- nated) and inserting the following: (4), (6), (7), (11), (20), (25), and (26) of subsection
ment, an organization, or a person, for the re- ‘‘(6) Carpool projects, fringe and corridor (b); and
pair or reconstruction of tribal transportation parking facilities and programs, including elec- ‘‘(3) as approved by the Secretary.’’.
facilities, Federal lands transportation facilities, tric vehicle and natural gas vehicle infrastruc- (c) ALLOCATION OF APPORTIONED FUNDS.—
and other federally owned roads that are open ture in accordance with section 137, bicycle Section 133 of the title 23, United States Code, is
to public travel, whether or not those facilities transportation and pedestrian walkways in ac- amended by striking subsection (d) and insert-
are Federal-aid highways. cordance with section 217, and the modifications ing the following:
‘‘(3) REIMBURSEMENT.— of public sidewalks to comply with the Ameri- ‘‘(d) ALLOCATIONS OF APPORTIONED FUNDS TO
‘‘(A) IN GENERAL.—The Secretary may reim- cans with Disabilities Act of 1990 (42 U.S.C. AREAS BASED ON POPULATION.—
burse Federal and State agencies (including po- 12101 et seq.).’’; ‘‘(1) CALCULATION.—Of the funds apportioned
litical subdivisions) for expenditures made for (6) by striking paragraph (7) (as so redesig- to a State under section 104(b)(2)—
projects determined eligible under this section, nated) and inserting the following: ‘‘(A) 50 percent for a fiscal year shall be obli-
including expenditures for emergency repairs ‘‘(7) Highway and transit safety infrastruc- gated under this section, in proportion to their
made before a determination of eligibility. ture improvements and programs, installation of relative shares of the population of the State—
‘‘(B) TRANSFERS.—With respect to reimburse- safety barriers and nets on bridges, hazard ‘‘(i) in urbanized areas of the State with an
ments described in subparagraph (A)— eliminations, projects to mitigate hazards caused urbanized area population of over 200,000;
‘‘(i) those reimbursements to Federal agencies by wildlife, and railway-highway grade cross- ‘‘(ii) in areas of the State other than urban
and Indian tribal governments shall be trans- ings.’’; areas with a population greater than 5,000; and
‘‘(iii) in other areas of the State; and penditures for off-system bridges under subpara- SEC. 1111. NATIONAL BRIDGE AND TUNNEL IN-
‘‘(B) 50 percent may be obligated in any area graph (A) with respect to the State if the Sec- VENTORY AND INSPECTION STAND-
of the State. ARDS.
retary determines that the State has inadequate
‘‘(2) METROPOLITAN AREAS.—Funds attributed needs to justify the expenditure. (a) IN GENERAL.—Section 144 of title 23,
to an urbanized area under paragraph (1)(A)(i) ‘‘(3) CREDIT FOR BRIDGES NOT ON FEDERAL-AID United States Code, is amended to read as fol-
may be obligated in the metropolitan area estab- HIGHWAYS.—Notwithstanding any other provi-
lows:
lished under section 134 that encompasses the sion of law, with respect to any project not on ‘‘§ 144. National bridge and tunnel inventory
urbanized area. a Federal-aid highway for the replacement of a and inspection standards
‘‘(3) CONSULTATION WITH REGIONAL TRANSPOR- bridge or rehabilitation of a bridge that is whol- ‘‘(a) FINDINGS AND DECLARATIONS.—
TATION PLANNING ORGANIZATIONS.—For purposes ly funded from State and local sources, is eligi- ‘‘(1) FINDINGS.—Congress finds that—
of paragraph (1)(A)(ii), before obligating fund- ble for Federal funds under this section, is non- ‘‘(A) the condition of the bridges of the United
ing attributed to an area with a population controversial, is certified by the State to have States has improved since the date of enactment
greater than 5,000 and less than 200,000, a State been carried out in accordance with all stand- of the Transportation Equity Act for the 21st
shall consult with the regional transportation ards applicable to such projects under this sec- Century (Public Law 105–178; 112 Stat. 107), yet
planning organizations that represent the area, tion, and is determined by the Secretary upon continued improvement to bridge conditions is
if any. completion to be no longer a deficient bridge— essential to protect the safety of the traveling
‘‘(4) DISTRIBUTION AMONG URBANIZED AREAS public and allow for the efficient movement of
‘‘(A) any amount expended after the date of
OF OVER 200,000 POPULATION.—
enactment of this subsection from State and people and goods on which the economy of the
‘‘(A) IN GENERAL.—Except as provided in sub-
local sources for the project in excess of 20 per- United States relies; and
paragraph (B), the amount of funds that a State
cent of the cost of construction of the project ‘‘(B) the systematic preventative maintenance
is required to obligate under paragraph (1)(A)(i)
may be credited to the non-Federal share of the of bridges, and replacement and rehabilitation
shall be obligated in urbanized areas described
cost of other bridge projects in the State that are of deficient bridges, should be undertaken
in paragraph (1)(A)(i) based on the relative pop-
eligible for Federal funds under this section; through an overall asset management approach
ulation of the areas.
and to transportation investment.
‘‘(B) OTHER FACTORS.—The State may obligate
‘‘(B) that crediting shall be conducted in ac- ‘‘(2) DECLARATIONS.—Congress declares that it
the funds described in subparagraph (A) based
cordance with procedures established by the is in the vital interest of the United States—
on other factors if the State and the relevant
Secretary. ‘‘(A) to inventory, inspect, and improve the
metropolitan planning organizations jointly
‘‘(h) SPECIAL RULE FOR AREAS OF LESS THAN condition of the highway bridges and tunnels of
apply to the Secretary for the permission to base
5,000 POPULATION.— the United States;
the obligation on other factors and the Sec-
‘‘(B) to use a data-driven, risk-based ap-
retary grants the request. ‘‘(1) SPECIAL RULE.—Notwithstanding sub-
proach and cost-effective strategy for systematic
‘‘(5) APPLICABILITY OF PLANNING REQUIRE- section (c), and except as provided in paragraph
preventative maintenance, replacement, and re-
MENTS.—Programming and expenditure of funds (2), up to 15 percent of the amounts required to
habilitation of highway bridges and tunnels to
for projects under this section shall be con- be obligated by a State under subsection
ensure safety and extended service life;
sistent with sections 134 and 135.’’. (d)(1)(A)(iii) for each of fiscal years 2013
‘‘(C) to use performance-based bridge manage-
(d) ADMINISTRATION.—Section 133 of title 23, through 2014 may be obligated on roads func-
ment systems to assist States in making timely
United States Code, is amended by striking sub- tionally classified as minor collectors.
investments;
section (e) and inserting the following: ‘‘(2) SUSPENSION.—The Secretary may suspend
‘‘(e) ADMINISTRATION.— ‘‘(D) to ensure accountability and link per-
the application of paragraph (1) with respect to formance outcomes to investment decisions; and
‘‘(1) SUBMISSION OF PROJECT AGREEMENT.—For a State if the Secretary determines that the au-
each fiscal year, each State shall submit a ‘‘(E) to ensure connectivity and access for
thority provided under paragraph (1) is being residents of rural areas of the United States
project agreement that— used excessively by the State.’’.
‘‘(A) certifies that the State will meet all the through strategic investments in National High-
SEC. 1109. WORKFORCE DEVELOPMENT. way System bridges and bridges on all public
requirements of this section; and
‘‘(B) notifies the Secretary of the amount of (a) ON-THE-JOB TRAINING.—Section 140(b) of roads.
obligations needed to carry out the program title 23, United States Code, is amended— ‘‘(b) NATIONAL BRIDGE AND TUNNEL INVEN-
under this section. (1) in the second sentence, by striking ‘‘When- TORIES.—The Secretary, in consultation with
‘‘(2) REQUEST FOR ADJUSTMENTS OF ever apportionments are made under section the States and Federal agencies with jurisdic-
AMOUNTS.—Each State shall request from the 104(b)(3) of this title,’’ and inserting ‘‘From ad- tion over highway bridges and tunnels, shall—
Secretary such adjustments to the amount of ob- ministrative funds made available under section ‘‘(1) inventory all highway bridges on public
ligations referred to in paragraph (1)(B) as the 104(a),’’; and roads, on and off Federal-aid highways, includ-
State determines to be necessary. ing tribally owned and Federally owned bridges,
(2) in the fourth sentence, by striking ‘‘and
‘‘(3) EFFECT OF APPROVAL BY THE SEC- that are bridges over waterways, other topo-
the bridge program under section 144’’.
RETARY.—Approval by the Secretary of a project graphical barriers, other highways, and rail-
(b) DISADVANTAGED BUSINESS ENTERPRISE.— roads;
agreement under paragraph (1) shall be deemed Section 140(c) of title 23, United States Code, is
a contractual obligation of the United States to ‘‘(2) inventory all tunnels on public roads, on
amended in the second sentence by striking and off Federal-aid highways, including tribally
pay surface transportation program funds made ‘‘Whenever apportionments are made under sec-
available under this title.’’. owned and Federally owned tunnels;
tion 104(b)(3),’’ and inserting ‘‘From administra- ‘‘(3) classify the bridges according to service-
(e) OBLIGATION AUTHORITY.—Section 133(f)(1)
tive funds made available under section ability, safety, and essentiality for public use,
of title 23, United States Code, is amended by
104(a),’’. including the potential impacts to emergency
striking ‘‘2004 through 2006 and the period of
fiscal years 2007 through 2009’’ and inserting SEC. 1110. HIGHWAY USE TAX EVASION evacuation routes and to regional and national
PROJECTS. freight and passenger mobility if the service-
‘‘2011 through 2014’’.
(f) BRIDGES NOT ON FEDERAL-AID HIGH- Section 143 of title 23, United States Code, is ability of the bridge is restricted or diminished;
WAYS.—Section 133 of the title 23, United States amended— ‘‘(4) based on that classification, assign each
Code, is amended by adding at the end the fol- (1) in subsection (b)— a risk-based priority for systematic preventative
lowing: (A) by striking paragraph (2) and inserting maintenance, replacement, or rehabilitation;
‘‘(g) BRIDGES NOT ON FEDERAL-AID HIGH- the following: and
WAYS.— ‘‘(5) determine the cost of replacing each
‘‘(2) FUNDING.—
‘‘(1) DEFINITION OF OFF-SYSTEM BRIDGE.—In structurally deficient bridge identified under
‘‘(A) IN GENERAL.—From administrative funds this subsection with a comparable facility or the
this subsection, the term ‘off-system bridge’
made available under section 104(a), the Sec- cost of rehabilitating the bridge.
means a highway bridge located on a public
retary shall deduct such sums as are necessary, ‘‘(c) GENERAL BRIDGE AUTHORITY.—
road, other than a bridge on a Federal-aid high-
not to exceed $10,000,000 for each of fiscal years ‘‘(1) IN GENERAL.—Except as provided in para-
way.
2013 and 2014, to carry out this section. graph (2) and notwithstanding any other provi-
‘‘(2) SPECIAL RULE.—
‘‘(A) SET-ASIDE.—Of the amounts apportioned ‘‘(B) ALLOCATION OF FUNDS.—Funds made sion of law, the General Bridge Act of 1946 (33
to a State for fiscal year 2013 and each fiscal available to carry out this section may be allo- U.S.C. 525 et seq.) shall apply to bridges author-
year thereafter under this section, the State cated to the Internal Revenue Service and the ized to be replaced, in whole or in part, by this
shall obligate for activities described in sub- States at the discretion of the Secretary, except title.
section (b)(2) for off-system bridges an amount that of funds so made available for each fiscal ‘‘(2) EXCEPTION.—Section 502(b) of the Gen-
that is not less than 15 percent of the amount of year, $2,000,000 shall be available only to carry eral Bridge Act of 1946 (33 U.S.C. 525(b)) and
funds apportioned to the State for the highway out intergovernmental enforcement efforts, in- section 9 of the Act of March 3, 1899 (33 U.S.C.
bridge program for fiscal year 2009, except that cluding research and training.’’; and 401), shall not apply to any bridge constructed,
amounts allocated under subsection (d) shall (B) in paragraph (8) by striking ‘‘section reconstructed, rehabilitated, or replaced with
not be obligated to carry out this subsection. 104(b)(3)’’ and inserting ‘‘section 104(b)(2)’’; and assistance under this title, if the bridge is over
‘‘(B) REDUCTION OF EXPENDITURES.—The Sec- (2) in subsection (c)(3) by striking ‘‘for each of waters that—
retary, after consultation with State and local fiscal years 2005 through 2009,’’ and inserting ‘‘(A) are not used and are not susceptible to
officials, may reduce the requirement for ex- ‘‘for each fiscal year,’’. use in the natural condition of the bridge or by
reasonable improvement as a means to transport bridge that is listed on, or eligible for listing on, ‘‘(3) STATE COMPLIANCE WITH INSPECTION
interstate or foreign commerce; and the National Register of Historic Places. STANDARDS.—The Secretary shall, at a min-
‘‘(B) are— ‘‘(2) COORDINATION.—The Secretary shall, in imum—
‘‘(i) not tidal; or cooperation with the States, encourage the re- ‘‘(A) establish, in consultation with the
‘‘(ii) if tidal, used only by recreational boat- tention, rehabilitation, adaptive reuse, and fu- States, Federal agencies, and interested and
ing, fishing, and other small vessels that are less ture study of historic bridges. knowledgeable private organizations and indi-
than 21 feet in length. ‘‘(3) STATE INVENTORY.—The Secretary shall viduals, procedures to conduct reviews of State
‘‘(d) INVENTORY UPDATES AND REPORTS.— require each State to complete an inventory of compliance with—
‘‘(1) IN GENERAL.—The Secretary shall— all bridges on and off Federal-aid highways to ‘‘(i) the standards established under this sub-
‘‘(A) annually revise the inventories author- determine the historic significance of the section; and
ized by subsection (b); and bridges. ‘‘(ii) the calculation or reevaluation of bridge
‘‘(B) submit to the Committee on Transpor- ‘‘(4) ELIGIBILITY.— load ratings; and
tation and Infrastructure of the House of Rep- ‘‘(A) IN GENERAL.—Subject to subparagraph ‘‘(B) establish, in consultation with the
resentatives and the Committee on Environment (B), reasonable costs associated with actions to States, Federal agencies, and interested and
and Public Works of the Senate a report on the preserve, or reduce the impact of a project under knowledgeable private organizations and indi-
inventories. this chapter on, the historic integrity of a his- viduals, procedures for States to follow in re-
‘‘(2) INSPECTION REPORT.—Not later than 2 toric bridge shall be eligible as reimbursable porting to the Secretary—
years after the date of enactment of the MAP– project costs under section 133 if the load capac- ‘‘(i) critical findings relating to structural or
21, each State and appropriate Federal agency ity and safety features of the historic bridge are safety-related deficiencies of highway bridges
shall report element level data to the Secretary, adequate to serve the intended use for the life of and tunnels; and
as each bridge is inspected pursuant to this sec- the historic bridge. ‘‘(ii) monitoring activities and corrective ac-
tion, for all highway bridges on the National ‘‘(B) BRIDGES NOT USED FOR VEHICLE TRAF- tions taken in response to a critical finding de-
FIC.—In the case of a historic bridge that is no scribed in clause (i).
Highway System.
‘‘(3) GUIDANCE.—The Secretary shall provide longer used for motorized vehicular traffic, the ‘‘(4) REVIEWS OF STATE COMPLIANCE.—
costs eligible as reimbursable project costs pur- ‘‘(A) IN GENERAL.—The Secretary shall annu-
guidance to States and Federal agencies for im-
suant to this chapter shall not exceed the esti- ally review State compliance with the standards
plementation of this subsection, while respecting
mated cost of demolition of the historic bridge. established under this section.
the existing inspection schedule of each State.
‘‘(5) PRESERVATION.—Any State that proposes ‘‘(B) NONCOMPLIANCE.—If an annual review
‘‘(4) BRIDGES NOT ON NATIONAL HIGHWAY SYS-
to demolish a historic bridge for a replacement in accordance with subparagraph (A) identifies
TEM.—The Secretary shall—
project with funds made available to carry out noncompliance by a State, the Secretary shall—
‘‘(A) conduct a study on the benefits, cost-ef- ‘‘(i) issue a report detailing the issues of the
this section shall first make the historic bridge
fectiveness, and feasibility of requiring element- noncompliance by December 31 of the calendar
available for donation to a State, locality, or re-
level data collection for bridges not on the Na- year in which the review was made; and
sponsible private entity if the State, locality, or
tional Highway System; and ‘‘(ii) provide the State an opportunity to ad-
responsible entity enters into an agreement—
‘‘(B) submit to the Committee on Transpor- ‘‘(A) to maintain the bridge and the features dress the noncompliance by—
tation and Infrastructure of the House of Rep- that give the historic bridge its historic signifi- ‘‘(I) developing a corrective action plan to
resentatives and the Committee on Environment cance; and remedy the noncompliance; or
and Public Works of the Senate a report on the ‘‘(B) to assume all future legal and financial ‘‘(II) resolving the issues of noncompliance
results of the study. responsibility for the historic bridge, which may not later than 45 days after the date of notifica-
‘‘(e) BRIDGES WITHOUT TAXING POWERS.— include an agreement to hold the State trans- tion.
‘‘(1) IN GENERAL.—Notwithstanding any other portation department harmless in any liability ‘‘(5) PENALTY FOR NONCOMPLIANCE.—
provision of law, any bridge that is owned and action. ‘‘(A) IN GENERAL.—If a State fails to satisfy
operated by an agency that does not have tax- ‘‘(6) COSTS INCURRED.— the requirements of paragraph (4)(B) by August
ing powers and whose functions include oper- ‘‘(A) IN GENERAL.—Costs incurred by the State 1 of the calendar year following the year of a
ating a federally assisted public transit system to preserve a historic bridge (including funds finding of noncompliance, the Secretary shall,
subsidized by toll revenues shall be eligible for made available to the State, locality, or private on October 1 of that year, and each year there-
assistance under this title, but the amount of entity to enable it to accept the bridge) shall be after as may be necessary, require the State to
such assistance shall in no event exceed the cu- eligible as reimbursable project costs under this dedicate funds apportioned to the State under
mulative amount which such agency has ex- chapter in an amount not to exceed the cost of sections 119 and 133 after the date of enactment
pended for capital and operating costs to sub- demolition. of the MAP–21 to correct the noncompliance
sidize such transit system. ‘‘(B) ADDITIONAL FUNDING.—Any bridge pre- with the minimum inspection standards estab-
‘‘(2) INSUFFICIENT ASSETS.—Before authorizing served pursuant to this paragraph shall not be lished under this subsection.
an expenditure of funds under this subsection, eligible for any other funds authorized pursuant ‘‘(B) AMOUNT.—The amount of the funds to be
the Secretary shall determine that the applicant to this title. directed to correcting noncompliance in accord-
agency has insufficient reserves, surpluses, and ‘‘(h) NATIONAL BRIDGE AND TUNNEL INSPEC- ance with subparagraph (A) shall—
projected revenues (over and above those re- TION STANDARDS.— ‘‘(i) be determined by the State based on an
quired for bridge and transit capital and oper- ‘‘(1) REQUIREMENT.— analysis of the actions needed to address the
ating costs) to fund the bridge project or activity ‘‘(A) IN GENERAL.—The Secretary shall estab- noncompliance; and
eligible for assistance under this title. lish and maintain inspection standards for the ‘‘(ii) require approval by the Secretary.
‘‘(3) CREDITING OF NON-FEDERAL FUNDS.—Any proper inspection and evaluation of all highway ‘‘(6) UPDATE OF STANDARDS.—Not later than 3
non-Federal funds expended for the seismic ret- bridges and tunnels for safety and service- years after the date of enactment of the MAP–
rofit of the bridge may be credited toward the ability. 21, the Secretary shall update inspection stand-
non-Federal share required as a condition of re- ‘‘(B) UNIFORMITY.—The standards under this ards to cover—
ceipt of any Federal funds for seismic retrofit of subsection shall be designed to ensure uni- ‘‘(A) the methodology, training, and qualifica-
the bridge made available after the date of the formity of the inspections and evaluations. tions for inspectors; and
‘‘(2) MINIMUM REQUIREMENTS OF INSPECTION ‘‘(B) the frequency of inspection.
expenditure. ‘‘(7) RISK-BASED APPROACH.—In carrying out
STANDARDS.—The standards established under
‘‘(f) REPLACEMENT OF DESTROYED BRIDGES the revisions required by paragraph (6), the Sec-
paragraph (1) shall, at a minimum—
AND FERRY BOAT SERVICE.—
‘‘(A) specify, in detail, the method by which retary shall consider a risk-based approach to
‘‘(1) IN GENERAL.—Notwithstanding any other the inspections shall be carried out by the determining the frequency of bridge inspections.
provision of law, a State may use the funds ap- States, Federal agencies, and tribal govern- ‘‘(i) TRAINING PROGRAM FOR BRIDGE AND TUN-
portioned under section 104(b)(2) to construct ments; NEL INSPECTORS.—
any bridge that replaces— ‘‘(B) establish the maximum time period be- ‘‘(1) IN GENERAL.—The Secretary, in coopera-
‘‘(A) any low water crossing (regardless of the tween inspections; tion with the State transportation departments,
length of the low water crossing); ‘‘(C) establish the qualifications for those shall maintain a program designed to train ap-
‘‘(B) any bridge that was destroyed prior to charged with carrying out the inspections; propriate personnel to carry out highway bridge
January 1, 1965; ‘‘(D) require each State, Federal agency, and and tunnel inspections.
‘‘(C) any ferry that was in existence on Janu- tribal government to maintain and make avail- ‘‘(2) REVISIONS.—The training program shall
ary 1, 1984; or able to the Secretary on request— be revised from time to time to take into account
‘‘(D) any road bridge that is rendered obsolete ‘‘(i) written reports on the results of highway new and improved techniques.
as a result of a Corps of Engineers flood control bridge and tunnel inspections and notations of ‘‘(j) AVAILABILITY OF FUNDS.—In carrying out
or channelization project and is not rebuilt with any action taken pursuant to the findings of the this section—
funds from the Corps of Engineers. inspections; and ‘‘(1) the Secretary may use funds made avail-
‘‘(2) FEDERAL SHARE.—The Federal share pay- ‘‘(ii) current inventory data for all highway able to the Secretary under sections 104(a) and
able on any bridge construction carried out bridges and tunnels reflecting the findings of 503;
under paragraph (1) shall be 80 percent of the the most recent highway bridge and tunnel in- ‘‘(2) a State may use amounts apportioned to
cost of the construction. spections conducted; and the State under section 104(b)(1) and 104(b)(3);
‘‘(g) HISTORIC BRIDGES.— ‘‘(E) establish a procedure for national certifi- ‘‘(3) an Indian tribe may use funds made
‘‘(1) DEFINITION OF HISTORIC BRIDGE.—In this cation of highway bridge inspectors and tunnel available to the Indian tribe under section 202;
subsection, the term ‘historic bridge’ means any inspectors. and
‘‘(4) a Federal agency may use funds made zones and traffic lanes for the safety of road ‘‘(ii) regional transportation planning organi-
available to the agency under section 503.’’. users and workers), and crash attenuators. zations and metropolitan planning organiza-
(b) CONFORMING AMENDMENT.—The analysis ‘‘(xvii) The addition or retrofitting of structions, if any;
for chapter 1 of title 23, United States Code, is tures or other measures to eliminate or reduce ‘‘(iii) representatives of major modes of trans-
amended by striking the item relating to section crashes involving vehicles and wildlife. portation;
144 and inserting the following: ‘‘(xviii) Installation of yellow-green signs and ‘‘(iv) State and local traffic enforcement offi-
‘‘144. National bridge and tunnel inventory and signals at pedestrian and bicycle crossings and cials;
inspection standards.’’. in school zones. ‘‘(v) a highway-rail grade crossing safety rep-
‘‘(xix) Construction and operational improve- resentative of the Governor of the State;
SEC. 1112. HIGHWAY SAFETY IMPROVEMENT PRO-
ments on high risk rural roads. ‘‘(vi) representatives conducting a motor car-
GRAM.
‘‘(xx) Geometric improvements to a road for rier safety program under section 31102, 31106,
(a) IN GENERAL.—Section 148 of title 23,
safety purposes that improve safety. or 31309 of title 49;
United States Code, is amended to read as fol- ‘‘(vii) motor vehicle administration agencies;
lows: ‘‘(xxi) A road safety audit.
‘‘(xxii) Roadway safety infrastructure im- ‘‘(viii) county transportation officials;
‘‘§ 148. Highway safety improvement program ‘‘(ix) State representatives of nonmotorized
provements consistent with the recommenda-
‘‘(a) DEFINITIONS.—In this section, the fol- users; and
tions included in the publication of the Federal ‘‘(x) other major Federal, State, tribal, and
lowing definitions apply: Highway Administration entitled ‘Highway De-
‘‘(1) HIGH RISK RURAL ROAD.—The term ‘high local safety stakeholders;
sign Handbook for Older Drivers and Pedes- ‘‘(B) analyzes and makes effective use of
risk rural road’ means any roadway function- trians’ (FHWA–RD–01–103), dated May 2001 or
ally classified as a rural major or minor col- State, regional, local, or tribal safety data;
as subsequently revised and updated. ‘‘(C) addresses engineering, management, op-
lector or a rural local road with significant safe- ‘‘(xxiii) Truck parking facilities eligible for
ty risks, as defined by a State in accordance eration, education, enforcement, and emergency
funding under section 1401 of the MAP–21. services elements (including integrated, inter-
with an updated State strategic highway safety ‘‘(xxiv) Systemic safety improvements.
plan. operable emergency communications) of high-
‘‘(5) MODEL INVENTORY OF ROADWAY ELE- way safety as key factors in evaluating high-
‘‘(2) HIGHWAY BASEMAP.—The term ‘highway MENTS.—The term ‘model inventory of roadway
basemap’ means a representation of all public way projects;
elements’ means the listing and standardized ‘‘(D) considers safety needs of, and high-fa-
roads that can be used to geolocate attribute coding by the Federal Highway Administration tality segments of, all public roads, including
data on a roadway. of roadway and traffic data elements critical to
‘‘(3) HIGHWAY SAFETY IMPROVEMENT PRO- non-State-owned public roads and roads on trib-
safety management, analysis, and decisional land;
GRAM.—The term ‘highway safety improvement making. ‘‘(E) considers the results of State, regional, or
program’ means projects, activities, plans, and ‘‘(6) PROJECT TO MAINTAIN MINIMUM LEVELS local transportation and highway safety plan-
reports carried out under this section. OF RETROREFLECTIVITY.—The term ‘project to
‘‘(4) HIGHWAY SAFETY IMPROVEMENT
ning processes;
maintain minimum levels of retroreflectivity’ ‘‘(F) describes a program of strategies to re-
PROJECT.—
means a project that is designed to maintain a duce or eliminate safety hazards;
‘‘(A) IN GENERAL.—The term ‘highway safety highway sign or pavement marking ‘‘(G) is approved by the Governor of the State
improvement project’ means strategies, activi- retroreflectivity at or above the minimum levels or a responsible State agency;
ties, and projects on a public road that are con- prescribed in Federal or State regulations. ‘‘(H) is consistent with section 135(g); and
sistent with a State strategic highway safety ‘‘(7) ROAD SAFETY AUDIT.—The term ‘road ‘‘(I) is updated and submitted to the Secretary
plan and— safety audit’ means a formal safety performance for approval as required under subsection (d)(2).
‘‘(i) correct or improve a hazardous road loca- ‘‘(13) SYSTEMIC SAFETY IMPROVEMENT.—The
examination of an existing or future road or
tion or feature; or term ‘systemic safety improvement’ means an
intersection by an independent multidisci-
‘‘(ii) address a highway safety problem. improvement that is widely implemented based
plinary audit team.
‘‘(B) INCLUSIONS.—The term ‘highway safety on high-risk roadway features that are cor-
‘‘(8) ROAD USERS.—The term ‘road user’ means
improvement project’ includes, but is not limited related with particular crash types, rather than
a motorist, passenger, public transportation op-
to, a project for 1 or more of the following: crash frequency.
‘‘(i) An intersection safety improvement. erator or user, truck driver, bicyclist, motorcy-
clist, or pedestrian, including a person with dis- ‘‘(b) PROGRAM.—
‘‘(ii) Pavement and shoulder widening (in- ‘‘(1) IN GENERAL.—The Secretary shall carry
cluding addition of a passing lane to remedy an abilities.
‘‘(9) SAFETY DATA.— out a highway safety improvement program.
unsafe condition). ‘‘(2) PURPOSE.—The purpose of the highway
‘‘(iii) Installation of rumble strips or another ‘‘(A) IN GENERAL.—The term ‘safety data’
means crash, roadway, and traffic data on a safety improvement program shall be to achieve
warning device, if the rumble strips or other a significant reduction in traffic fatalities and
warning devices do not adversely affect the public road.
‘‘(B) INCLUSION.—The term ‘safety data’ in- serious injuries on all public roads, including
safety or mobility of bicyclists and pedestrians, non-State-owned public roads and roads on trib-
including persons with disabilities. cludes, in the case of a railway-highway grade
crossing, the characteristics of highway and al land.
‘‘(iv) Installation of a skid-resistant surface at ‘‘(c) ELIGIBILITY.—
an intersection or other location with a high train traffic, licensing, and vehicle data.
‘‘(1) IN GENERAL.—To obligate funds appor-
frequency of crashes. ‘‘(10) SAFETY PROJECT UNDER ANY OTHER SEC-
tioned under section 104(b)(3) to carry out this
‘‘(v) An improvement for pedestrian or bicy- TION.—
section, a State shall have in effect a State
clist safety or safety of persons with disabilities. ‘‘(A) IN GENERAL.—The term ‘safety project
highway safety improvement program under
‘‘(vi) Construction and improvement of a rail- under any other section’ means a project carried
which the State—
way-highway grade crossing safety feature, in- out for the purpose of safety under any other ‘‘(A) develops, implements, and updates a
cluding installation of protective devices. section of this title. State strategic highway safety plan that identi-
‘‘(vii) The conduct of a model traffic enforce- ‘‘(B) INCLUSION.—The term ‘safety project
fies and analyzes highway safety problems and
ment activity at a railway-highway crossing. under any other section’ includes—
opportunities as provided in subsections (a)(12)
‘‘(viii) Construction of a traffic calming fea- ‘‘(i) a project consistent with the State stra-
and (d);
ture. tegic highway safety plan that promotes the ‘‘(B) produces a program of projects or strate-
‘‘(ix) Elimination of a roadside hazard. awareness of the public and educates the public gies to reduce identified safety problems; and
‘‘(x) Installation, replacement, and other im- concerning highway safety matters (including ‘‘(C) evaluates the strategic highway safety
provement of highway signage and pavement motorcycle safety); plan on a regularly recurring basis in accord-
markings, or a project to maintain minimum lev- ‘‘(ii) a project to enforce highway safety laws; ance with subsection (d)(1) to ensure the accu-
els of retroreflectivity, that addresses a highway and racy of the data and priority of proposed strate-
safety problem consistent with a State strategic ‘‘(iii) a project to provide infrastructure and gies.
highway safety plan. infrastructure-related equipment to support ‘‘(2) IDENTIFICATION AND ANALYSIS OF HIGH-
‘‘(xi) Installation of a priority control system emergency services. WAY SAFETY PROBLEMS AND OPPORTUNITIES.—As
for emergency vehicles at signalized intersec- ‘‘(11) STATE HIGHWAY SAFETY IMPROVEMENT part of the State highway safety improvement
tions. PROGRAM.—The term ‘State highway safety im- program, a State shall—
‘‘(xii) Installation of a traffic control or other provement program’ means a program of high- ‘‘(A) have in place a safety data system with
warning device at a location with high crash way safety improvement projects, activities, the ability to perform safety problem identifica-
potential. plans and reports carried out as part of the tion and countermeasure analysis—
‘‘(xiii) Transportation safety planning. Statewide transportation improvement program ‘‘(i) to improve the timeliness, accuracy, com-
‘‘(xiv) Collection, analysis, and improvement under section 135(g). pleteness, uniformity, integration, and accessi-
of safety data. ‘‘(12) STATE STRATEGIC HIGHWAY SAFETY bility of the safety data on all public roads, in-
‘‘(xv) Planning integrated interoperable emer- PLAN.—The term ‘State strategic highway safety cluding non-State-owned public roads and roads
gency communications equipment, operational plan’ means a comprehensive plan, based on on tribal land in the State;
activities, or traffic enforcement activities (in- safety data, developed by a State transportation ‘‘(ii) to evaluate the effectiveness of data im-
cluding police assistance) relating to work zone department that— provement efforts;
safety. ‘‘(A) is developed after consultation with— ‘‘(iii) to link State data systems, including
‘‘(xvi) Installation of guardrails, barriers (in- ‘‘(i) a highway safety representative of the traffic records, with other data systems within
cluding barriers between construction work Governor of the State; the State;
‘‘(iv) to improve the compatibility and inter- ‘‘(1) ESTABLISHMENT OF REQUIREMENTS.— ‘‘(A) IN GENERAL.—The term ‘data improve-
operability of safety data with other State ‘‘(A) IN GENERAL.—Not later than 1 year after ment activities’ means a project or activity to
transportation-related data systems and the the date of enactment of the MAP–21, the Sec- further the capacity of a State to make more in-
compatibility and interoperability of State safe- retary shall establish requirements for regularly formed and effective safety infrastructure in-
ty data systems with data systems of other recurring State updates of strategic highway vestment decisions.
States and national data systems; safety plans. ‘‘(B) INCLUSIONS.—The term ‘data improve-
‘‘(v) to enhance the ability of the Secretary to ‘‘(B) CONTENTS OF UPDATED STRATEGIC HIGH- ment activities’ includes a project or activity—
observe and analyze national trends in crash WAY SAFETY PLANS.—In establishing require- ‘‘(i) to create, update, or enhance a highway
occurrences, rates, outcomes, and cir- ments under this subsection, the Secretary shall basemap of all public roads in a State;
cumstances; and ensure that States take into consideration, with ‘‘(ii) to collect safety data, including data
‘‘(vi) to improve the collection of data on non- respect to updated strategic highway safety identified as part of the model inventory for
motorized crashes; plans— roadway elements, for creation of or use on a
‘‘(B) based on the analysis required by sub- ‘‘(i) the findings of road safety audits; highway basemap of all public roads in a State;
paragraph (A)— ‘‘(ii) the locations of fatalities and serious in- ‘‘(iii) to store and maintain safety data in an
‘‘(i) identify hazardous locations, sections, juries; electronic manner;
and elements (including roadside obstacles, rail- ‘‘(iii) the locations that do not have an empir- ‘‘(iv) to develop analytical processes for safety
way-highway crossing needs, and unmarked or ical history of fatalities and serious injuries, but data elements;
poorly marked roads) that constitute a danger possess risk factors for potential crashes; ‘‘(v) to acquire and implement roadway safety
to motorists (including motorcyclists), bicyclists, ‘‘(iv) rural roads, including all public roads, analysis tools; and
pedestrians, and other highway users; commensurate with fatality data; ‘‘(vi) to support the collection, maintenance,
‘‘(ii) using such criteria as the State deter- ‘‘(v) motor vehicle crashes that include fatali- and sharing of safety data on all public roads
mines to be appropriate, establish the relative ties or serious injuries to pedestrians and and related systems associated with the analyt-
severity of those locations, in terms of crashes bicyclists; ical usage of that data.
(including crash rates), fatalities, serious inju- ‘‘(vi) the cost-effectiveness of improvements; ‘‘(2) MODEL INVENTORY OF ROADWAY ELE-
ries, traffic volume levels, and other relevant ‘‘(vii) improvements to rail-highway grade MENTS.—The Secretary shall—
data; crossings; and ‘‘(A) establish a subset of the model inventory
‘‘(iii) identify the number of fatalities and se- ‘‘(viii) safety on all public roads, including of roadway elements that are useful for the in-
rious injuries on all public roads by location in non-State-owned public roads and roads on trib- ventory of roadway safety; and
the State; al land. ‘‘(B) ensure that States adopt and use the
‘‘(iv) identify highway safety improvement ‘‘(2) APPROVAL OF UPDATED STRATEGIC HIGH- subset to improve data collection.
WAY SAFETY PLANS.— ‘‘(g) SPECIAL RULES.—
projects on the basis of crash experience, crash
‘‘(A) IN GENERAL.—Each State shall— ‘‘(1) HIGH-RISK RURAL ROAD SAFETY.—If the
potential, crash rate, or other data-supported
‘‘(i) update the strategic highway safety plans fatality rate on rural roads in a State increases
means; and
of the State in accordance with the requirements over the most recent 2-year period for which
‘‘(v) consider which projects maximize oppor-
established by the Secretary under this sub- data are available, that State shall be required
tunities to advance safety;
section; and to obligate in the next fiscal year for projects on
‘‘(C) adopt strategic and performance-based
‘‘(ii) submit the updated plans to the Sec-
goals that— high risk rural roads an amount equal to at
retary, along with a detailed description of the
‘‘(i) address traffic safety, including behav- least 200 percent of the amount of funds the
process used to update the plan.
ioral and infrastructure problems and opportu- State received for fiscal year 2009 for high risk
‘‘(B) REQUIREMENTS FOR APPROVAL.—The Sec-
nities on all public roads; rural roads under subsection (f) of this section,
retary shall not approve the process for an up-
‘‘(ii) focus resources on areas of greatest need; as in effect on the day before the date of enact-
dated strategic highway safety plan unless—
and ‘‘(i) the updated strategic highway safety ment of the MAP–21.
‘‘(iii) are coordinated with other State high- ‘‘(2) OLDER DRIVERS.—If traffic fatalities and
plan is consistent with the requirements of this
way safety programs; serious injuries per capita for drivers and pedes-
subsection and subsection (a)(12); and
‘‘(D) advance the capabilities of the State for ‘‘(ii) the process used is consistent with the re- trians over the age of 65 in a State increases
safety data collection, analysis, and integration quirements of this subsection. during the most recent 2-year period for which
in a manner that— ‘‘(3) PENALTY FOR FAILURE TO HAVE AN AP- data are available, that State shall be required
‘‘(i) complements the State highway safety PROVED UPDATED STRATEGIC HIGHWAY SAFETY to include, in the subsequent Strategic Highway
program under chapter 4 and the commercial ve- PLAN.—If a State does not have an updated Safety Plan of the State, strategies to address
hicle safety plan under section 31102 of title 49; strategic highway safety plan with a process ap- the increases in those rates, taking into account
‘‘(ii) includes all public roads, including pub- proved by the Secretary by August 1 of the fiscal the recommendations included in the publica-
lic non-State-owned roads and roads on tribal year beginning after the date of establishment of tion of the Federal Highway Administration en-
land; the requirements under paragraph (1), the State titled ‘Highway Design Handbook for Older
‘‘(iii) identifies hazardous locations, sections, shall not be eligible to receive any additional Drivers and Pedestrians’ (FHWA–RD–01–103),
and elements on all public roads that constitute limitation pursuant to the redistribution of the and dated May 2001, or as subsequently revised
a danger to motorists (including motorcyclists), limitation on obligations for Federal-aid high- and updated.
bicyclists, pedestrians, persons with disabilities, way and highway safety construction programs ‘‘(h) REPORTS.—
and other highway users; that occurs after August 1 for each succeeding ‘‘(1) IN GENERAL.—A State shall submit to the
‘‘(iv) includes a means of identifying the rel- Secretary a report that—
fiscal year until the fiscal year during which
ative severity of hazardous locations described ‘‘(A) describes progress being made to imple-
the plan is approved.
in clause (iii) in terms of crashes (including ‘‘(e) ELIGIBLE PROJECTS.— ment highway safety improvement projects
crash rate), serious injuries, fatalities, and traf- ‘‘(1) IN GENERAL.—Funds apportioned to the under this section;
fic volume levels; and State under section 104(b)(3) may be obligated to ‘‘(B) assesses the effectiveness of those im-
‘‘(v) improves the ability of the State to iden- carry out— provements; and
tify the number of fatalities and serious injuries ‘‘(A) any highway safety improvement project ‘‘(C) describes the extent to which the im-
on all public roads in the State with a break- on any public road or publicly owned bicycle or provements funded under this section have con-
down by functional classification and owner- pedestrian pathway or trail; tributed to reducing—
ship in the State; ‘‘(B) as provided in subsection (g); or ‘‘(i) the number and rate of fatalities on all
‘‘(E)(i) determine priorities for the correction ‘‘(C) any project to maintain minimum levels public roads with, to the maximum extent prac-
of hazardous road locations, sections, and ele- of retroreflectivity with respect to a public road, ticable, a breakdown by functional classifica-
ments (including railway-highway crossing im- without regard to whether the project is in- tion and ownership in the State;
provements), as identified through safety data cluded in an applicable State strategic highway ‘‘(ii) the number and rate of serious injuries
analysis; safety plan. on all public roads with, to the maximum extent
‘‘(ii) identify opportunities for preventing the ‘‘(2) USE OF OTHER FUNDING FOR SAFETY.— practicable, a breakdown by functional classi-
development of such hazardous conditions; and ‘‘(A) EFFECT OF SECTION.—Nothing in this sec- fication and ownership in the State; and
‘‘(iii) establish and implement a schedule of tion prohibits the use of funds made available ‘‘(iii) the occurrences of fatalities and serious
highway safety improvement projects for hazard under other provisions of this title for highway injuries at railway-highway crossings.
correction and hazard prevention; and safety improvement projects. ‘‘(2) CONTENTS; SCHEDULE.—The Secretary
‘‘(F)(i) establish an evaluation process to ana- ‘‘(B) USE OF OTHER FUNDS.—States are en- shall establish the content and schedule for the
lyze and assess results achieved by highway couraged to address the full scope of the safety submission of the report under paragraph (1).
safety improvement projects carried out in ac- needs and opportunities of the States by using ‘‘(3) TRANSPARENCY.—The Secretary shall
cordance with procedures and criteria estab- funds made available under other provisions of make strategic highway safety plans submitted
lished by this section; and this title (except a provision that specifically under subsection (d) and reports submitted
‘‘(ii) use the information obtained under prohibits that use). under this subsection available to the public
clause (i) in setting priorities for highway safety ‘‘(f) DATA IMPROVEMENT.— through—
improvement projects. ‘‘(1) DEFINITION OF DATA IMPROVEMENT AC- ‘‘(A) the website of the Department; and
‘‘(d) UPDATES TO STRATEGIC HIGHWAY SAFETY TIVITIES.—In this subsection, the following defi- ‘‘(B) such other means as the Secretary deter-
PLANS.— nitions apply: mines to be appropriate.
‘‘(4) DISCOVERY AND ADMISSION INTO EVIDENCE serious bodily injury crashes from the implemen- funds apportioned under section 104(b)(4) for a
OF CERTAIN REPORTS, SURVEYS, AND INFORMA- tation of cost-effective roadway safety infra- project or program to establish electric vehicle
TION.—Notwithstanding any other provision of structure improvements; and charging stations or natural gas vehicle refuel-
law, reports, surveys, schedules, lists, or data (iii) recommendations for State and local gov- ing stations for the use of battery powered or
compiled or collected for any purpose relating to ernments on best practice methods to install natural gas fueled trucks or other motor vehicles
this section, shall not be subject to discovery or cost-effective roadway safety infrastructure on at any location in the State except that such
admitted into evidence in a Federal or State high-risk rural roads. stations may not be established or supported
court proceeding or considered for other pur- (3) MANUAL.— where commercial establishments serving motor
poses in any action for damages arising from (A) DEVELOPMENT.—Based on the results of vehicle users are prohibited by section 111 of
any occurrence at a location identified or ad- the study under paragraph (2), the Secretary, in title 23, United States Code.
dressed in the reports, surveys, schedules, lists, consultation with the individuals and entities ‘‘(3) HOV FACILITIES.—No funds may be pro-
or other data. described in paragraph (1)(C), shall develop a vided under this section for a project which will
‘‘(i) STATE PERFORMANCE TARGETS.—If the best practices manual to support Federal, State, result in the construction of new capacity avail-
Secretary determines that a State has not met or and local efforts to reduce fatalities and serious able to single occupant vehicles unless the
made significant progress toward meeting the bodily injury crashes on high-risk rural roads project consists of a high occupancy vehicle fa-
performance targets of the State established through the use of cost-effective roadway safety cility available to single occupant vehicles only
under section 150(d) by the date that is 2 years infrastructure improvements. at other than peak travel times.’’;
after the date of the establishment of the per- (B) AVAILABILITY.—The manual shall be made (3) by striking subsection (d) (as redesignated
formance targets, the State shall— available to State and local governments not by paragraph (1)) and inserting the following:
‘‘(1) use obligation authority equal to the ap- later than 180 days after the date of submission ‘‘(d) STATES FLEXIBILITY.—
portionment of the State for the prior year of the report under paragraph (2). ‘‘(1) STATES WITHOUT A NONATTAINMENT
under section 104(b)(3) only for highway safety (C) CONTENTS.—The manual shall include, at AREA.—If a State does not have, and never has
improvement projects under this section until a minimum, a list of cost-effective roadway safe- had, a nonattainment area designated under
the Secretary determines that the State has met ty infrastructure improvements and best prac- the Clean Air Act (42 U.S.C. 7401 et seq.), the
or made significant progress toward meeting the tices on the installation of cost-effective road- State may use funds apportioned to the State
performance targets of the State; and way safety infrastructure improvements on under section 104(b)(4) for any project in the
‘‘(2) submit annually to the Secretary, until high-risk rural roads. State that—
the Secretary determines that the State has met (D) USE OF MANUAL.—Use of the manual shall ‘‘(A) would otherwise be eligible under sub-
or made significant progress toward meeting the be voluntary and the manual shall not establish section (b) as if the project were carried out in
performance targets of the State, an implemen- any binding standards or legal duties on State a nonattainment or maintenance area; or
tation plan that— or local governments, or any other person. ‘‘(B) is eligible under the surface transpor-
‘‘(A) identifies roadway features that con- SEC. 1113. CONGESTION MITIGATION AND AIR tation program under section 133.
stitute a hazard to road users; QUALITY IMPROVEMENT PROGRAM. ‘‘(2) STATES WITH A NONATTAINMENT AREA.—
‘‘(B) identifies highway safety improvement (a) ELIGIBLE PROJECTS.—Section 149(b) of title ‘‘(A) IN GENERAL.—If a State has a nonattain-
projects on the basis of crash experience, crash 23, United States Code, is amended— ment area or maintenance area and received
potential, or other data-supported means; (1) in the matter preceding paragraph (1)— funds in fiscal year 2009 under section
‘‘(C) describes how highway safety improve- (A) by striking ‘‘in subsection (c)’’ and insert- 104(b)(2)(D), as in effect on the day before the
ment program funds will be allocated, including ing ‘‘in subsection (d)’’; and date of enactment of the MAP–21, above the
projects, activities, and strategies to be imple- (B) by striking ‘‘section 104(b)(2)’’ and insert- amount of funds that the State would have re-
mented; ing ‘‘section 104(b)(4)’’; ceived based on the nonattainment and mainte-
‘‘(D) describes how the proposed projects, ac- (2) in paragraph (5)— nance area population of the State under sub-
tivities, and strategies funded under the State (A) by inserting ‘‘add turning lanes,’’ after paragraphs (B) and (C) of section 104(b)(2), as
highway safety improvement program will allow ‘‘improve intersections,’’; and in effect on the day before the date of enactment
the State to make progress toward achieving the (B) by striking ‘‘paragraph;’’ and inserting of the MAP–21, the State may use for any
safety performance targets of the State; and ‘‘paragraph, including programs or projects to project that is eligible under the surface trans-
‘‘(E) describes the actions the State will un- improve incident and emergency response or importation program under section 133 an amount
dertake to meet the performance targets of the prove mobility, such as through real-time traf- of funds apportioned to such State under sec-
State. fic, transit, and multimodal traveler information 104(b)(4) that is equal to the product ob-
‘‘(j) FEDERAL SHARE OF HIGHWAY SAFETY IM- tion;’’; tained by multiplying—
PROVEMENT PROJECTS.—Except as provided in (3) in paragraph (6) by striking ‘‘or’’ at the ‘‘(i) the amount apportioned to such State
sections 120 and 130, the Federal share of the end; under section 104(b)(4) (excluding the amount of
cost of a highway safety improvement project (4) in paragraph (7)(A)(ii) by striking ‘‘pub- funds reserved under paragraph (l)); by
carried out with funds apportioned to a State lished in the list under subsection (f)(2)’’ and ‘‘(ii) the ratio calculated under subparagraph
under section 104(b)(3) shall be 90 percent.’’. inserting ‘‘verified technologies (as defined in (B).
(b) STUDY OF HIGH-RISK RURAL ROADS BEST section 791 of the Energy Policy Act of 2005 (42 ‘‘(B) RATIO.—For purposes of this paragraph,
PRACTICES.— U.S.C. 16131))’’; the ratio shall be calculated as the proportion
(1) STUDY.— (5) by striking the matter following paragraph that—
(A) IN GENERAL.—The Secretary shall conduct (7); ‘‘(i) the amount for fiscal year 2009 such State
a study of the best practices for implementing (6) by redesignating paragraph (7) as para- was permitted by section 149(c)(2), as in effect
cost-effective roadway safety infrastructure im- graph (8); and on the day before the date of enactment of the
provements on high-risk rural roads. (7) by inserting after paragraph (6) the fol- MAP–21, to obligate in any area of the State for
(B) METHODOLOGY.—In carrying out the lowing: projects eligible under section 133, as in effect on
study, the Secretary shall— ‘‘(7) if the project or program shifts traffic de- the day before the date of enactment of the
(i) conduct a thorough literature review; mand to nonpeak hours or other transportation MAP–21t; bears to
(ii) survey current practices of State depart-
modes, increases vehicle occupancy rates, or ‘‘(ii) the total apportionment to such State for
ments of transportation; and
otherwise reduces demand for roads through fiscal year 2009 under section 104(b)(2), as in ef-
(iii) survey current practices of local units of
such means as telecommuting, ridesharing, fect on the day before the date of enactment of
government, as appropriate.
(C) CONSULTATION.—In carrying out the carsharing, alternative work hours, and pricing; the MAP–21.
or’’. ‘‘(3) CHANGES IN DESIGNATION.—If a new non-
study, the Secretary shall consult with—
(i) State departments of transportation; (b) SPECIAL RULES.—Section 149 of title 23, attainment area is designated or a previously
(ii) county engineers and public works profes- United States Code, is amended— designated nonattainment area is redesignated
sionals; (1) by redesignating subsections (c) through as an attainment area in a State under the
(iii) appropriate local officials; and (h) as subsections (d) through (i) respectively; Clean Air Act (42 U.S.C. 7401 et seq.), the Sec-
(iv) appropriate private sector experts in the (2) by inserting after subsection (b) the fol- retary shall modify the amount such State is
field of roadway safety infrastructure. lowing: permitted to obligate in any area of the State for
(2) REPORT.— ‘‘(c) SPECIAL RULES.— projects eligible under section 133.’’;
(A) IN GENERAL.—Not later than 1 year after ‘‘(1) PROJECTS FOR PM–10 NONATTAINMENT (4) in subsection (f)(3) (as redesignated by
the date of enactment of this Act, the Secretary AREAS.—A State may obligate funds apportioned paragraph (1)) by striking ‘‘104(b)(2)’’ and in-
shall submit to the Committee on Environment to the State under section 104(b)(4) for a project serting ‘‘104(b)(4)’’;
and Public Works of the Senate and the Com- or program for an area that is nonattainment (5) in subsection (g) (as redesignated by para-
mittee on Transportation and Infrastructure of for ozone or carbon monoxide, or both, and for graph (1)) by striking paragraph (3) and insert-
the House of Representatives a report on the re- PM–10 resulting from transportation activities, ing the following:
sults of the study. without regard to any limitation of the Depart- ‘‘(3) PRIORITY CONSIDERATION.—States and
(B) CONTENTS.—The report shall include— ment of Transportation relating to the type of metropolitan planning organizations shall give
(i) a summary of cost-effective roadway safety ambient air quality standard such project or priority in areas designated as nonattainment or
infrastructure improvements; program addresses. maintenance for PM2.5 under the Clean Air Act
(ii) a summary of the latest research on the fi- ‘‘(2) ELECTRIC VEHICLE AND NATURAL GAS VE- (42 U.S.C. 7401 et seq.) in distributing funds re-
nancial savings and reduction in fatalities and HICLE INFRASTRUCTURE.—A State may obligate ceived for congestion mitigation and air quality
projects and programs from apportionments ‘‘(A) includes an area baseline level for traffic (5) FUNDING.—Of the amounts made available
under section 104(b)(4) to projects that are prov- congestion and on-road mobile source emissions to carry out section 104(a) for fiscal year 2013,
en to reduce PM2.5, including diesel retrofits.’’; for which the area is in nonattainment or main- the Secretary shall make available to carry out
(6) by striking subsection (i) (as redesignated tenance; this subsection not more than $1,000,000.
by paragraph (1)) and inserting the following: ‘‘(B) describes progress made in achieving the SEC. 1114. TERRITORIAL AND PUERTO RICO
‘‘(i) EVALUATION AND ASSESSMENT OF performance targets described in section 150(d); HIGHWAY PROGRAM.
PROJECTS.— and (a) IN GENERAL.—Section 165 of title 23,
‘‘(1) DATABASE.— ‘‘(C) includes a description of projects identi- United States Code, is amended to read as fol-
‘‘(A) IN GENERAL.—Using appropriate assess- fied for funding under this section and how lows:
ments of projects funded under the congestion such projects will contribute to achieving emis- ‘‘§ 165. Territorial and Puerto Rico highway
mitigation and air quality program and results sion and traffic congestion reduction targets. program
from other research, the Secretary shall main- ‘‘(2) UPDATED PLANS.—Performance plans
tain and disseminate a cumulative database de- shall be updated biennially and include a sepa- ‘‘(a) DIVISION OF FUNDS.—Of funds made
scribing the impacts of the projects, including rate report that assesses the progress of the pro- available in a fiscal year for the territorial and
specific information about each project, such as gram of projects under the previous plan in Puerto Rico highway program—
the project name, location, sponsor, cost, and, to achieving the air quality and traffic congestion ‘‘(1) $150,000,000 shall be for the Puerto Rico
the extent already measured by the project targets of the previous plan. highway program under subsection (b); and
sponsor, cost-effectiveness, based on reductions ‘‘(m) OPERATING ASSISTANCE.—A State may ‘‘(2) $40,000,000 shall be for the territorial
in congestion and emissions. obligate funds apportioned under section highway program under subsection (c).
‘‘(B) AVAILABILITY.—The database shall be 104(b)(2) in an area of such State that is other- ‘‘(b) PUERTO RICO HIGHWAY PROGRAM.—
published or otherwise made readily available wise eligible for obligations of such funds for op- ‘‘(1) IN GENERAL.—The Secretary shall allo-
by the Secretary in electronically accessible for- erating costs under chapter 53 of title 49 or on cate funds made available to carry out this sub-
mat and means, such as the Internet, for public a system that was previously eligible under this section to the Commonwealth of Puerto Rico to
review. section.’’. carry out a highway program in the Common-
‘‘(2) COST EFFECTIVENESS.— (c) AIR QUALITY AND CONGESTION MITIGATION wealth.
‘‘(A) IN GENERAL.—The Secretary, in consulta- MEASURE OUTCOMES ASSESSMENT STUDY.— ‘‘(2) TREATMENT OF FUNDS.—Amounts made
tion with the Administrator of the Environ- (1) IN GENERAL.—The Secretary, in consulta- available to carry out this subsection for a fiscal
mental Protection Agency, shall evaluate tion with the Administrator of the Environ- year shall be administered as follows:
projects on a periodic basis and develop a table mental Protection Agency, shall examine the ‘‘(A) APPORTIONMENT.—
or other similar medium that illustrates the cost- outcomes of actions funded under the conges- ‘‘(i) IN GENERAL.—For the purpose of imposing
effectiveness of a range of project types eligible tion mitigation and air quality improvement any penalty under this title or title 49, the
for funding under this section as to how the program since the date of enactment of the amounts shall be treated as being apportioned to
projects mitigate congestion and improve air SAFETEA–LU (Public Law 109–59). Puerto Rico under sections 104(b) and 144 (as in
quality. (2) GOALS.—The goals of the program shall in- effect for fiscal year 1997) for each program
‘‘(B) CONTENTS.—The table described in sub- clude— funded under those sections in an amount deter-
paragraph (A) shall show measures of cost-ef- (A) the assessment and documentation, mined by multiplying—
fectiveness, such as dollars per ton of emissions through outcomes research conducted on a rep- ‘‘(I) the aggregate of the amounts for the fis-
reduced, and assess those measures over a vari- resentative sample of cases, of— cal year; by
ety of timeframes to capture impacts on the (i) the emission reductions achieved by feder- ‘‘(II) the proportion that—
planning timeframes outlined in section 134. ally supported surface transportation actions ‘‘(aa) the amount of funds apportioned to
‘‘(C) USE OF TABLE.—States and metropolitan intended to reduce emissions or lessen traffic Puerto Rico for each such program for fiscal
planning organizations shall consider the infor- congestion; and year 1997; bears to
mation in the table when selecting projects or (ii) the air quality and human health impacts ‘‘(bb) the total amount of funds apportioned
developing performance plans under subsection of those actions, including potential unrecog- to Puerto Rico for all such programs for fiscal
(l). nized or indirect consequences, attributable to year 1997.
‘‘(j) OPTIONAL PROGRAMMATIC ELIGIBILITY.— those actions; ‘‘(ii) EXCEPTION.—Funds identified under
‘‘(1) IN GENERAL.—At the discretion of a met- (B) an expanded base of empirical evidence on clause (i) as having been apportioned for the
ropolitan planning organization, a technical as- the air quality and human health impacts of ac- national highway system, the surface transpor-
sessment of a selected program of projects may tions described in paragraph (1); and tation program, and the Interstate maintenance
be conducted through modeling or other means (C) an increase in knowledge of— program shall be deemed to have been appor-
to demonstrate the emissions reduction projec- (i) the factors determining the air quality and tioned 50 percent for the national highway per-
tion required under this section. human health changes associated with trans- formance program and 50 percent for the surface
‘‘(2) APPLICABILITY.—If an assessment de- portation emission reduction actions; and transportation program for purposes of imposing
scribed in paragraph (1) successfully dem- (ii) other information to more accurately un- such penalties.
onstrates an emissions reduction, all projects in- derstand the validity of current estimation and ‘‘(B) PENALTY.—The amounts treated as being
cluded in such assessment shall be eligible for modeling routines and ways to improve those apportioned to Puerto Rico under each section
obligation under this section without further routines. referred to in subparagraph (A) shall be deemed
demonstration of emissions reduction of indi- (3) ADMINISTRATIVE ELEMENTS.—To carry out to be required to be apportioned to Puerto Rico
vidual projects included in such assessment. this subsection, the Secretary shall— under that section for purposes of the imposition
‘‘(k) PRIORITY FOR USE OF FUNDS IN PM2.5 (A) make a grant for the coordination, selec- of any penalty under this title or title 49.
AREAS.— tion, management, and reporting of component ‘‘(C) ELIGIBLE USES OF FUNDS.—Of amounts
‘‘(1) IN GENERAL.—For any State that has a studies to an independent scientific research or- allocated to Puerto Rico for the Puerto Rico
nonattainment or maintenance area for fine ganization with the necessary experience in suc- Highway Program for a fiscal year—
particulate matter, an amount equal to 25 per- cessfully conducting accountability and other ‘‘(i) at least 50 percent shall be available only
cent of the funds apportioned to each State studies on mobile source air pollutants and asso- for purposes eligible under section 119;
under section 104(b)(4) for a nonattainment or ciated health effects; ‘‘(ii) at least 25 percent shall be available only
maintenance area that are based all or in part (B) ensure that case studies are identified and for purposes eligible under section 148; and
on the weighted population of such area in fine conducted by teams selected through a competi- ‘‘(iii) any remaining funds may be obligated
particulate matter nonattainment shall be obli- tive solicitation overseen by an independent for activities eligible under chapter 1.
gated to projects that reduce such fine particu- committee of unbiased experts; and ‘‘(3) EFFECT ON APPORTIONMENTS.—Except as
late matter emissions in such area, including (C) ensure that all findings and reports are otherwise specifically provided, Puerto Rico
diesel retrofits. peer-reviewed and published in a form that pre- shall not be eligible to receive funds apportioned
‘‘(2) CONSTRUCTION EQUIPMENT AND VEHI- sents the findings together with reviewer com- to States under this title.
CLES.—In order to meet the requirements of ments. ‘‘(c) TERRITORIAL HIGHWAY PROGRAM.—
paragraph (1), a State or metropolitan planning (4) REPORT.—The Secretary shall submit to ‘‘(1) TERRITORY DEFINED.—In this subsection,
organization may elect to obligate funds to in- the Committee on Environment and Public the term ‘territory’ means any of the following
stall diesel emission control technology on Works of the Senate and the Committee on territories of the United States:
nonroad diesel equipment or on-road diesel Transportation and Infrastructure of the House ‘‘(A) American Samoa.
equipment that is operated on a highway con- of Representatives— ‘‘(B) The Commonwealth of the Northern
struction project within a PM2.5 nonattainment (A) not later than 1 year after the date of en- Mariana Islands.
or maintenance area. actment of the MAP–21, and for the following ‘‘(C) Guam.
‘‘(l) PERFORMANCE PLAN.— year, a report providing an initial scoping and ‘‘(D) The United States Virgin Islands.
‘‘(1) IN GENERAL.—Each metropolitan plan- plan, and status updates, respectively, for the ‘‘(2) PROGRAM.—
ning organization serving a transportation man- program under this subsection; and ‘‘(A) IN GENERAL.—Recognizing the mutual
agement area (as defined in section 134) with a (B) not later than 2 years after the date of en- benefits that will accrue to the territories and
population over 1,000,000 people representing a actment of the MAP–21, a final report that de- the United States from the improvement of high-
nonattainment or maintenance area shall describes the findings of, and recommendations re- ways in the territories, the Secretary may carry
velop a performance plan that— sulting from, the program under this subsection. out a program to assist each government of a
territory in the construction and improvement of ‘‘(i) the agreement shall continue in force ‘‘(4) to use advanced technology to improve
a system of arterial and collector highways, and until replaced by an agreement entered into in the safety and efficiency of the national freight
necessary inter-island connectors, that is— accordance with subparagraph (A); and network;
‘‘(i) designated by the Governor or chief exec- ‘‘(ii) amounts made available under this sub- ‘‘(5) to incorporate concepts of performance,
utive officer of each territory; and section under the existing agreement shall be innovation, competition, and accountability into
‘‘(ii) approved by the Secretary. available for obligation or expenditure so long the operation and maintenance of the national
‘‘(B) FEDERAL SHARE.—The Federal share of as the agreement, or the existing agreement en- freight network; and
Federal financial assistance provided to terri- tered into under subparagraph (A), is in effect. ‘‘(6) to improve the economic efficiency of the
tories under this subsection shall be in accord- ‘‘(6) ELIGIBLE USES OF FUNDS.— national freight network.
ance with section 120(g). ‘‘(A) IN GENERAL.—Funds made available ‘‘(7) to reduce the environmental impacts of
‘‘(3) TECHNICAL ASSISTANCE.— under this subsection may be used only for the freight movement on the national freight net-
‘‘(A) IN GENERAL.—To continue a long-range following projects and activities carried out in a work;
highway development program, the Secretary territory: ‘‘(c) ESTABLISHMENT OF A NATIONAL FREIGHT
may provide technical assistance to the govern- ‘‘(i) Eligible surface transportation program NETWORK.—
ments of the territories to enable the territories, projects described in section 133(b). ‘‘(1) IN GENERAL.—The Secretary shall estab-
on a continuing basis— ‘‘(ii) Cost-effective, preventive maintenance lish a national freight network in accordance
‘‘(i) to engage in highway planning; consistent with section 116(e). with this section to assist States in strategically
‘‘(ii) to conduct environmental evaluations; ‘‘(iii) Ferry boats, terminal facilities, and ap- directing resources toward improved system per-
‘‘(iii) to administer right-of-way acquisition proaches, in accordance with subsections (b) formance for efficient movement of freight on
and relocation assistance programs; and and (c) of section 129. highways, including national highway system,
‘‘(iv) to design, construct, operate, and main- ‘‘(iv) Engineering and economic surveys and freight intermodal connectors and aerotropolis
tain a system of arterial and collector highways, investigations for the planning, and the financ- transportation systems.
including necessary inter-island connectors. ing, of future highway programs. ‘‘(2) NETWORK COMPONENTS.—The national
‘‘(B) FORM AND TERMS OF ASSISTANCE.—Tech- ‘‘(v) Studies of the economy, safety, and con- freight network shall consist of—
nical assistance provided under subparagraph venience of highway use. ‘‘(A) the primary freight network, as des-
(A), and the terms for the sharing of informa- ‘‘(vi) The regulation and equitable taxation of ignated by the Secretary under subsection (d)
tion among territories receiving the technical as- highway use. (referred to in this section as the ‘primary
sistance, shall be included in the agreement re- ‘‘(vii) Such research and development as are freight network’) as most critical to the move-
quired by paragraph (5). necessary in connection with the planning, de- ment of freight;
‘‘(4) NONAPPLICABILITY OF CERTAIN PROVI- sign, and maintenance of the highway system. ‘‘(B) the portions of the Interstate System not
SIONS.— ‘‘(B) PROHIBITION ON USE OF FUNDS FOR ROU- designated as part of the primary freight net-
‘‘(A) IN GENERAL.—Except to the extent that TINE MAINTENANCE.—None of the funds made
work; and
provisions of this chapter are determined by the available under this subsection shall be obli- ‘‘(C) critical rural freight corridors established
Secretary to be inconsistent with the needs of gated or expended for routine maintenance. under subsection (e).
the territories and the intent of this subsection, ‘‘(7) LOCATION OF PROJECTS.—Territorial high- ‘‘(d) DESIGNATION OF PRIMARY FREIGHT NET-
this chapter (other than provisions of this chap- way program projects (other than those de- WORK.—
ter relating to the apportionment and allocation scribed in paragraphs (2), (4), (7), (8), (14), and ‘‘(1) INITIAL DESIGNATION OF PRIMARY FREIGHT
of funds) shall apply to funds made available (19) of section 133(b)) may not be undertaken on NETWORK.—
under this subsection. roads functionally classified as local.’’. ‘‘(A) DESIGNATION.—Not later than 1 year
‘‘(B) APPLICABLE PROVISIONS.—The agreement (b) CONFORMING AMENDMENTS.— after the date of enactment of this section, the
(1) TECHNICAL AND CONFORMING AMEND-
required by paragraph (5) for each territory Secretary shall designate a primary freight net-
MENT.—The analysis for chapter 1 of title 23,
shall identify the sections of this chapter that work—
United States Code, is amended by striking the
are applicable to that territory and the extent of ‘‘(i) based on an inventory of national freight
item relating to section 165 and inserting the fol-
the applicability of those sections. volume conducted by the Administrator of the
lowing:
‘‘(5) AGREEMENT.— Federal Highway Administration, in consulta-
‘‘(A) IN GENERAL.—Except as provided in sub- ‘‘165. Territorial and Puerto Rico highway pro- tion with stakeholders, including system users,
paragraph (D), none of the funds made avail- gram.’’. transport providers, and States; and
able under this subsection shall be available for (2) TERRITORIAL HIGHWAY PROGRAM.— ‘‘(ii) that shall be comprised of not more than
obligation or expenditure with respect to any (A) REPEAL.—Section 215 of title 23, United 27,000 centerline miles of existing roadways that
territory until the chief executive officer of the States Code, is repealed. are most critical to the movement of freight.
territory has entered into an agreement (includ- (B) TECHNICAL AND CONFORMING AMEND- ‘‘(B) FACTORS FOR DESIGNATION.—In desig-
ing an agreement entered into under section 215 nating the primary freight network, the Sec-
as in effect on the day before the enactment of United States Code, is amended by striking the retary shall consider—
this section) with the Secretary providing that item relating to section 215. ‘‘(i) the origins and destinations of freight
(C) DUNCAN HUNTER NATIONAL DEFENSE AU-
the government of the territory shall— movement in the United States;
THORIZATION ACT FOR FISCAL YEAR 2009.—Section
‘‘(i) implement the program in accordance ‘‘(ii) the total freight tonnage and value of
3512(e) of the Duncan Hunter National Defense freight moved by highways;
with applicable provisions of this chapter and
Authorization Act for Fiscal Year 2009 (48 ‘‘(iii) the percentage of annual average daily
paragraph (4);
U.S.C. 1421r(e)) is amended by striking ‘‘section truck traffic in the annual average daily traffic
‘‘(ii) design and construct a system of arterial
215’’ and inserting ‘‘section 165’’. on principal arterials;
and collector highways, including necessary
SEC. 1115. NATIONAL FREIGHT POLICY. ‘‘(iv) the annual average daily truck traffic
inter-island connectors, in accordance with
standards that are— (a) IN GENERAL.—Chapter 1 of title 23, United on principal arterials;
‘‘(I) appropriate for each territory; and States Code, is amended by adding at the end ‘‘(v) land and maritime ports of entry;
‘‘(II) approved by the Secretary; the following: ‘‘(vi) access to energy exploration, develop-
‘‘(iii) provide for the maintenance of facilities ‘‘§ 167. National freight policy ment, installation, or production areas;
constructed or operated under this subsection in ‘‘(a) IN GENERAL.—It is the policy of the ‘‘(vii) population centers; and
a condition to adequately serve the needs of United States to improve the condition and per- ‘‘(viii) network connectivity.
present and future traffic; and formance of the national freight network to en- ‘‘(2) ADDITIONAL MILES ON PRIMARY FREIGHT
‘‘(iv) implement standards for traffic oper- sure that the national freight network provides NETWORK.—In addition to the miles initially des-
ations and uniform traffic control devices that the foundation for the United States to compete ignated under paragraph (1), the Secretary may
are approved by the Secretary. in the global economy and achieve each goal de- increase the number of miles designated as part
‘‘(B) TECHNICAL ASSISTANCE.—The agreement scribed in subsection (b). of the primary freight network by not more than
required by subparagraph (A) shall— ‘‘(b) GOALS.—The goals of the national freight 3,000 additional centerline miles of roadways
‘‘(i) specify the kind of technical assistance to policy are— (which may include existing or planned roads)
be provided under the program; ‘‘(1) to invest in infrastructure improvements critical to future efficient movement of goods on
‘‘(ii) include appropriate provisions regarding and to implement operational improvements the primary freight network.
information sharing among the territories; and that— ‘‘(3) REDESIGNATION OF PRIMARY FREIGHT NET-
‘‘(iii) delineate the oversight role and respon- ‘‘(A) strengthen the contribution of the na- WORK.—Effective beginning 10 years after the
sibilities of the territories and the Secretary. tional freight network to the economic competi- designation of the primary freight network and
‘‘(C) REVIEW AND REVISION OF AGREEMENT.— tiveness of the United States; every 10 years thereafter, using the designation
The agreement entered into under subparagraph ‘‘(B) reduce congestion; and factors described in paragraph (1), the Secretary
(A) shall be reevaluated and, as necessary, re- ‘‘(C) increase productivity, particularly for shall redesignate the primary freight network
vised, at least every 2 years. domestic industries and businesses that create (including additional mileage described in para-
‘‘(D) EXISTING AGREEMENTS.—With respect to high-value jobs; graph (2)).
an agreement under this subsection or an agree- ‘‘(2) to improve the safety, security, and resil- ‘‘(e) CRITICAL RURAL FREIGHT CORRIDORS.—A
ment entered into under section 215 of this title ience of freight transportation; State may designate a road within the borders
as in effect on the day before the date of enact- ‘‘(3) to improve the state of good repair of the of the State as a critical rural freight corridor if
ment of this subsection— national freight network; the road—
‘‘(1) is a rural principal arterial roadway and tools to support an outcome-oriented, perform- committee consisting of a representative cross-
has a minimum of 25 percent of the annual aver- ance-based approach to evaluate proposed section of public and private sector freight
age daily traffic of the road measured in pas- freight-related and other transportation stakeholders, including representatives of ports,
senger vehicle equivalent units from trucks projects, including— shippers, carriers, freight-related associations,
(FHWA vehicle class 8 to 13); ‘‘(i) methodologies for systematic analysis of the freight industry workforce, the transpor-
‘‘(2) provides access to energy exploration, de- benefits and costs; tation department of the State, and local gov-
velopment, installation, or production areas; ‘‘(ii) tools for ensuring that the evaluation of ernments.
‘‘(3) connects the primary freight network, a freight-related and other transportation projects (b) ROLE OF COMMITTEE.—A freight advisory
roadway described in paragraph (1) or (2), or could consider safety, economic competitiveness, committee of a State described in subsection (a)
Interstate System to facilities that handle more environmental sustainability, and system condi- shall—
than— tion in the project selection process; and (1) advise the State on freight-related prior-
‘‘(A) 50,000 20-foot equivalent units per year; ‘‘(iii) other elements to assist in effective ities, issues, projects, and funding needs;
or transportation planning; (2) serve as a forum for discussion for State
‘‘(B) 500,000 tons per year of bulk commod- ‘‘(B) identify transportation-related model transportation decisions affecting freight mobil-
ities. data elements to support a broad range of eval- ity;
‘‘(f) NATIONAL FREIGHT STRATEGIC PLAN.— uation methods and techniques to assist in mak- (3) communicate and coordinate regional pri-
‘‘(1) INITIAL DEVELOPMENT OF NATIONAL ing transportation investment decisions; and orities with other organizations;
FREIGHT STRATEGIC PLAN.—Not later than 3 ‘‘(C) at a minimum, in consultation with other (4) promote the sharing of information be-
years after the date of enactment of this section, relevant Federal agencies, consider any im- tween the private and public sectors on freight
the Secretary shall, in consultation with State provements to existing freight flow data collec- issues; and
departments of transportation and other appro- tion efforts that could reduce identified freight (5) participate in the development of the
priate public and private transportation stake- data gaps and deficiencies and help improve freight plan of the State described in section
holders, develop and post on the Department of forecasts of freight transportation demand. 1118.
Transportation public website a national freight ‘‘(2) CONSULTATION.—The Secretary shall con- SEC. 1118. STATE FREIGHT PLANS.
strategic plan that shall include— sult with Federal, State, and other stakeholders (a) IN GENERAL.—The Secretary shall encour-
‘‘(A) an assessment of the condition and per- to develop, improve, and implement the tools age each State to develop a freight plan that
formance of the national freight network; and collect the data in paragraph (1). provides a comprehensive plan for the immediate
‘‘(B) an identification of highway bottlenecks ‘‘(i) DEFINITION OF AEROTROPOLIS TRANSPOR- and long-range planning activities and invest-
on the national freight network that create sig- TATION SYSTEM.—In this section, the term ments of the State with respect to freight.
nificant freight congestion problems, based on a ‘aerotropolis transportation system’ means a (b) PLAN CONTENTS.—A freight plan described
quantitative methodology developed by the Sec- planned and coordinated multimodal freight in subsection (a) shall include, at a minimum—
retary, which shall, at a minimum, include— and passenger transportation network that, as (1) an identification of significant freight sys-
‘‘(i) information from the Freight Analysis determined by the Secretary, provides efficient, tem trends, needs, and issues with respect to the
Network of the Federal Highway Administra- cost-effective, sustainable, and intermodal State;
tion; and connectivity to a defined region of economic sig- (2) a description of the freight policies, strate-
‘‘(ii) to the maximum extent practicable, an nificance centered around a major airport.’’. gies, and performance measures that will guide
estimate of the cost of addressing each bottle- (b) CONFORMING AMENDMENT.—The analysis the freight-related transportation investment de-
neck and any operational improvements that for chapter 1 of title 23, United States Code, is cisions of the State;
could be implemented; amended by adding at the end the following: (3) a description of how the plan will improve
‘‘(C) forecasts of freight volumes for the 20- the ability of the State to meet the national
‘‘167. National freight program.’’.
year period beginning in the year during which freight goals established under section 167 of
SEC. 1116. PRIORITIZATION OF PROJECTS TO IM-
the plan is issued; PROVE FREIGHT MOVEMENT.
title 23, United States Code;
‘‘(D) an identification of major trade gate- (4) evidence of consideration of innovative
(a) IN GENERAL.—Notwithstanding section 120
ways and national freight corridors that con- technologies and operational strategies, includ-
of title 23, United States Code, the Secretary
nect major population centers, trade gateways, ing intelligent transportation systems, that im-
may increase the Federal share payable for any
and other major freight generators for current prove the safety and efficiency of freight move-
project to 95 percent for projects on the Inter-
and forecasted traffic and freight volumes, the ment;
state System and 90 percent for any other (5) in the case of routes on which travel by
identification of which shall be revised, as ap- project if the Secretary certifies that the project
propriate, in subsequent plans; heavy vehicles (including mining, agricultural,
meets the requirements of this section. energy cargo or equipment, and timber vehicles)
‘‘(E) an assessment of statutory, regulatory, (b) INCREASED FUNDING.—To be eligible for the
technological, institutional, financial, and other is projected to substantially deteriorate the con-
increased Federal funding share under this sec- dition of roadways, a description of improve-
barriers to improved freight transportation per- tion, a project shall—
formance (including opportunities for over- ments that may be required to reduce or impede
(1) demonstrate the improvement made by the
coming the barriers); the deterioration; and
project to the efficient movement of freight, in- (6) an inventory of facilities with freight mo-
‘‘(F) an identification of routes providing ac- cluding making progress towards meeting per-
cess to energy exploration, development, instal- bility issues, such as truck bottlenecks, within
formance targets for freight movement estab- the State, and a description of the strategies the
lation, or production areas; lished under section 150(d) of title 23, United
‘‘(G) best practices for improving the perform- State is employing to address those freight mo-
States Code; and bility issues.
ance of the national freight network; (2) be identified in a State freight plan devel-
‘‘(H) best practices to mitigate the impacts of (c) RELATIONSHIP TO LONG-RANGE PLAN.—A
oped pursuant to section 1118. freight plan described in subsection (a) may be
freight movement on communities; (c) ELIGIBLE PROJECTS.—Eligible projects to
‘‘(I) a process for addressing multistate developed separate from or incorporated into the
improve the movement of freight under this sec- statewide strategic long-range transportation
projects and encouraging jurisdictions to col- tion may include, but are not limited to—
laborate; and plan required by section 135 of title 23, United
(1) construction, reconstruction, rehabilita-
‘‘(J) strategies to improve freight intermodal States Code.
tion, and operational improvements directly re-
connectivity. SEC. 1119. FEDERAL LANDS AND TRIBAL TRANS-
lating to improving freight movement; PORTATION PROGRAMS.
‘‘(2) UPDATES TO NATIONAL FREIGHT STRATEGIC (2) intelligent transportation systems and
PLAN.—Not later than 5 years after the date of (a) IN GENERAL.—Chapter 2 of title 23, United
other technology to improve the flow of freight;
completion of the first national freight strategic States Code, is amended by striking sections 201
(3) efforts to reduce the environmental impacts
plan under paragraph (1), and every 5 years through 204 and inserting the following:
of freight movement on the primary freight net-
thereafter, the Secretary shall update and work; ‘‘§ 201. Federal lands and tribal transpor-
repost on the Department of Transportation (4) railway-highway grade separation; tation programs
public website a revised national freight stra- (5) geometric improvements to interchanges ‘‘(a) PURPOSE.—Recognizing the need for all
tegic plan. and ramps. public Federal and tribal transportation facili-
‘‘(g) FREIGHT TRANSPORTATION CONDITIONS (6) truck-only lanes; ties to be treated under uniform policies similar
AND PERFORMANCE REPORTS.—Not later than 2 (7) climbing and runaway truck lanes; to the policies that apply to Federal-aid high-
years after the date of enactment of this section, (8) truck parking facilities eligible for funding ways and other public transportation facilities,
and biennially thereafter, the Secretary shall under section 1401; the Secretary of Transportation, in collabora-
prepare a report that contains a description of (9) real-time traffic, truck parking, roadway tion with the Secretaries of the appropriate Fed-
the conditions and performance of the national condition, and multimodal transportation infor- eral land management agencies, shall coordi-
freight network in the United States. mation systems; nate a uniform policy for all public Federal and
‘‘(h) TRANSPORTATION INVESTMENT DATA AND (10) improvements to freight intermodal con- tribal transportation facilities that shall apply
PLANNING TOOLS.— nectors; and to Federal lands transportation facilities, tribal
‘‘(1) IN GENERAL.—Not later than 1 year after (11) improvements to truck bottlenecks. transportation facilities, and Federal lands ac-
the date of enactment of this section, the Sec- SEC. 1117. STATE FREIGHT ADVISORY COMMIT- cess transportation facilities.
retary shall— TEES. ‘‘(b) AVAILABILITY OF FUNDS.—
‘‘(A) begin development of new tools and im- (a) IN GENERAL.—The Secretary shall encour- ‘‘(1) AVAILABILITY.—Funds authorized for the
provement of existing tools or improve existing age each State to establish a freight advisory tribal transportation program, the Federal lands
transportation program, and the Federal lands Federal lands transportation program, and Fed- ‘‘(A)(i) transportation planning, research,
access program shall be available for contract eral lands access program project shall be— maintenance, engineering, rehabilitation, res-
upon apportionment, or on October 1 of the fis- ‘‘(A) developed in cooperation with State and toration, construction, and reconstruction of
cal year for which the funds were authorized if metropolitan planning organizations; and tribal transportation facilities;
no apportionment is required. ‘‘(B) included in appropriate tribal transpor- ‘‘(ii) adjacent vehicular parking areas;
‘‘(2) AMOUNT REMAINING.—Any amount re- tation program plans, Federal lands transpor- ‘‘(iii) interpretive signage;
maining unexpended for a period of 3 years tation program plans, Federal lands access pro- ‘‘(iv) acquisition of necessary scenic easements
after the close of the fiscal year for which the gram plans, State and metropolitan plans, and and scenic or historic sites;
funds were authorized shall lapse. transportation improvement programs. ‘‘(v) provisions for pedestrians and bicycles;
‘‘(3) OBLIGATIONS.—The Secretary of the de- ‘‘(4) INCLUSION IN STATE PROGRAMS.—The ap- ‘‘(vi) environmental mitigation in or adjacent
partment responsible for the administration of proved tribal transportation program, Federal to tribal land—
funds under this subsection may incur obliga- lands transportation program, and Federal ‘‘(I) to improve public safety and reduce vehi-
tions, approve projects, and enter into contracts lands access program transportation improve- cle-caused wildlife mortality while maintaining
under such authorizations, which shall be con- ment programs shall be included in appropriate habitat connectivity; and
sidered to be contractual obligations of the State and metropolitan planning organization ‘‘(II) to mitigate the damage to wildlife,
United States for the payment of the cost there- plans and programs without further action on aquatic organism passage, habitat, and eco-
of, the funds of which shall be considered to the transportation improvement program. system connectivity, including the costs of con-
have been expended when obligated. ‘‘(5) ASSET MANAGEMENT.—The Secretary and structing, maintaining, replacing, or removing
‘‘(4) EXPENDITURE.— the Secretary of each appropriate Federal land culverts and bridges, as appropriate;
‘‘(A) IN GENERAL.—Any funds authorized for management agency shall, to the extent appro- ‘‘(vii) construction and reconstruction of
any fiscal year after the date of enactment of priate, implement safety, bridge, pavement, and roadside rest areas, including sanitary and
this section under the Federal lands transpor- congestion management systems for facilities water facilities; and
tation program, the Federal lands access pro- funded under the tribal transportation program ‘‘(viii) other appropriate public road facilities
gram, and the tribal transportation program and the Federal lands transportation program as determined by the Secretary;
shall be considered to have been expended if a in support of asset management. ‘‘(B) operation and maintenance of transit
sum equal to the total of the sums authorized ‘‘(6) DATA COLLECTION.— programs and facilities that are located on, or
for the fiscal year and previous fiscal years ‘‘(A) DATA COLLECTION.—The Secretaries of provide access to, tribal land, or are adminis-
have been obligated. the appropriate Federal land management agen- tered by a tribal government; and
‘‘(B) CREDITED FUNDS.—Any funds described cies shall collect and report data necessary to ‘‘(C) any transportation project eligible for as-
in subparagraph (A) that are released by pay- implement the Federal lands transportation pro- sistance under this title that is located within,
ment of final voucher or modification of project gram, the Federal lands access program, and the or that provides access to, tribal land, or is asso-
authorizations shall be— tribal transportation program in accordance ciated with a tribal government.
‘‘(i) credited to the balance of unobligated au- with the Indian Self-Determination and Edu- ‘‘(2) CONTRACT.—In connection with an activ-
thorizations; and cation Assistance Act (25 U.S.C. 450 et seq.), in- ity described in paragraph (1), the Secretary
‘‘(ii) immediately available for expenditure. cluding— and the Secretary of the Interior may enter into
‘‘(5) APPLICABILITY.—This section shall not ‘‘(i) inventory and condition information on a contract or other appropriate agreement with
apply to funds authorized before the date of en- Federal lands transportation facilities and tribal respect to the activity with—
actment of this paragraph. transportation facilities; and ‘‘(A) a State (including a political subdivision
‘‘(6) CONTRACTUAL OBLIGATION.— ‘‘(ii) bridge inspection and inventory informa- of a State); or
‘‘(A) IN GENERAL.—Notwithstanding any other tion on any Federal bridge open to the public. ‘‘(B) an Indian tribe.
provision of law (including regulations), the au- ‘‘(B) STANDARDS.—The Secretary, in coordina- ‘‘(3) INDIAN LABOR.—Indian labor may be em-
thorization by the Secretary, or the Secretary of tion with the Secretaries of the appropriate Fed- ployed, in accordance with such rules and regu-
the appropriate Federal land management agen- eral land management agencies, shall define the lations as may be promulgated by the Secretary
cy if the agency is the contracting office, of en- collection and reporting data standards. of the Interior, to carry out any construction or
gineering and related work for the development, ‘‘(7) ADMINISTRATIVE EXPENSES.—To imple- other activity described in paragraph (1).
design, and acquisition associated with a con- ment the activities described in this subsection, ‘‘(4) FEDERAL EMPLOYMENT.—No maximum
struction project, whether performed by contract including direct support of transportation plan- limitation on Federal employment shall be appli-
or agreement authorized by law, or the approval ning activities among Federal land management cable to the construction or improvement of trib-
by the Secretary of plans, specifications, and es- agencies, the Secretary may use not more than al transportation facilities.
timates for construction of a project, shall be 5 percent for each fiscal year of the funds au- ‘‘(5) FUNDS FOR CONSTRUCTION AND IMPROVE-
considered to constitute a contractual obligation MENT.—All funds made available for the con-
thorized for programs under sections 203 and
of the Federal Government to pay the total eligi- 204. struction and improvement of tribal transpor-
ble cost of— ‘‘(d) REIMBURSABLE AGREEMENTS.—In car- tation facilities shall be administered in con-
‘‘(i) any project funded under this title; and rying out work under reimbursable agreements formity with regulations and agreements jointly
‘‘(ii) any project funded pursuant to agree- with any State, local, or tribal government approved by the Secretary and the Secretary of
ments authorized by this title or any other title. under this title, the Secretary— the Interior.
‘‘(B) EFFECT.—Nothing in this paragraph— ‘‘(1) may, without regard to any other provi- ‘‘(6) ADMINISTRATIVE EXPENSES.—Of the funds
‘‘(i) affects the application of the Federal sion of law (including regulations), record obli- authorized to be appropriated for the tribal
share associated with the project being under- gations against accounts receivable from the en- transportation program, not more than 6 percent
taken under this section; or tity; and may be used by the Secretary or the Secretary of
‘‘(ii) modifies the point of obligation associ- ‘‘(2) shall credit amounts received from the en- the Interior for program management and over-
ated with Federal salaries and expenses. tity to the appropriate account, which shall sight and project-related administrative ex-
‘‘(7) FEDERAL SHARE.— penses.
occur not later than 90 days after the date of
‘‘(A) TRIBAL AND FEDERAL LANDS TRANSPOR- ‘‘(7) TRIBAL TECHNICAL ASSISTANCE CENTERS.—
the original request by the Secretary for pay-
TATION PROGRAM.—The Federal share of the The Secretary of the Interior may reserve
ment.
cost of a project carried out under the Federal amounts from administrative funds of the Bu-
‘‘(e) TRANSFERS.—
lands transportation program or the tribal ‘‘(1) IN GENERAL.—To enable the efficient use reau of Indian Affairs that are associated with
transportation program shall be 100 percent. of funds made available for the Federal lands the tribal transportation program to fund tribal
‘‘(B) FEDERAL LANDS ACCESS PROGRAM.—The technical assistance centers under section
transportation program and the Federal lands
Federal share of the cost of a project carried out 504(b).
access program, the funds may be transferred by
under the Federal lands access program shall be ‘‘(8) MAINTENANCE.—
the Secretary within and between each program
determined in accordance with section 120. ‘‘(A) USE OF FUNDS.—Notwithstanding any
with the concurrence of, as appropriate—
‘‘(c) TRANSPORTATION PLANNING.— other provision of this title, of the amount of
‘‘(A) the Secretary;
‘‘(1) TRANSPORTATION PLANNING PROCE- funds allocated to an Indian tribe from the trib-
‘‘(B) the affected Secretaries of the respective
DURES.—In consultation with the Secretary of al transportation program, for the purpose of
Federal land management agencies;
each appropriate Federal land management maintenance (excluding road sealing, which
‘‘(C) State departments of transportation; and
agency, the Secretary shall implement transpor- shall not be subject to any limitation), the Sec-
‘‘(D) local government agencies.
tation planning procedures for Federal lands retary shall not use an amount more than the
‘‘(2) CREDIT.—The funds described in para-
and tribal transportation facilities that are con- greater of—
graph (1) shall be credited back to the loaning
sistent with the planning processes required ‘‘(i) an amount equal to 25 percent; or
entity with funds that are currently available
under sections 134 and 135. ‘‘(ii) $500,000.
for obligation at the time of the credit.
‘‘(2) APPROVAL OF TRANSPORTATION IMPROVE- ‘‘(B) RESPONSIBILITY OF BUREAU OF INDIAN
MENT PROGRAM.—The transportation improve- ‘‘§ 202. Tribal transportation program AFFAIRS AND SECRETARY OF THE INTERIOR.—
ment program developed as a part of the trans- ‘‘(a) USE OF FUNDS.— ‘‘(i) BUREAU OF INDIAN AFFAIRS.—The Bureau
portation planning process under this section ‘‘(1) IN GENERAL.—Funds made available of Indian Affairs shall retain primary responsi-
shall be approved by the Secretary. under the tribal transportation program shall be bility, including annual funding request respon-
‘‘(3) INCLUSION IN OTHER PLANS.—Each region- used by the Secretary of Transportation and the sibility, for Bureau of Indian Affairs road main-
ally significant tribal transportation program, Secretary of the Interior to pay the costs of— tenance programs on Indian reservations.
‘‘(ii) SECRETARY OF THE INTERIOR.—The Sec- to fee title alienation without the approval of cent data on American Indian and Alaska Na-
retary of the Interior shall ensure that funding the Federal Government, or Indian or Alaska tive population within each Indian tribe’s Amer-
made available under this subsection for mainte- Native villages, groups, or communities in which ican Indian/Alaska Native Reservation or Statis-
nance of tribal transportation facilities for each Indians and Alaska Natives reside, whom the tical Area, as computed under the Native Amer-
fiscal year is supplementary to, and not in lieu Secretary of the Interior has determined are eli- ican Housing Assistance and Self-Determination
of, any obligation of funds by the Bureau of In- gible for services generally available to Indians Act of 1996 (25 U.S.C. 4101 et seq.), in the fol-
dian Affairs for road maintenance programs on under Federal laws specifically applicable to In- lowing manner:
Indian reservations. dians; or ‘‘(i) 27 percent in the ratio that the total eligi-
‘‘(C) TRIBAL-STATE ROAD MAINTENANCE AGREE- ‘‘(vii) are primary access routes proposed by ble road mileage in each tribe bears to the total
MENTS.— tribal governments, including roads between vil- eligible road mileage of all American Indians
‘‘(i) IN GENERAL.—An Indian tribe and a State lages, roads to landfills, roads to drinking water and Alaskan Natives. For the purposes of this
may enter into a road maintenance agreement sources, roads to natural resources identified for calculation, eligible road mileage shall be com-
under which an Indian tribe shall assume the economic development, and roads that provide puted based on the inventory described in para-
responsibility of the State for— access to intermodal terminals, such as airports, graph (1), using only facilities included in the
‘‘(I) tribal transportation facilities; and harbors, or boat landings. inventory described in clause (i), (ii), or (iii) of
‘‘(II) roads providing access to tribal transpor- ‘‘(C) LIMITATION ON PRIMARY ACCESS paragraph (1)(B).
tation facilities. ROUTES.—For purposes of this paragraph, a pro- ‘‘(ii) 39 percent in the ratio that the total pop-
‘‘(ii) REQUIREMENTS.—Agreements entered posed primary access route is the shortest prac- ulation in each tribe bears to the total popu-
into under clause (i) shall— ticable route connecting 2 points of the proposed lation of all American Indians and Alaskan Na-
‘‘(I) be negotiated between the State and the route. tives.
Indian tribe; and ‘‘(D) ADDITIONAL FACILITIES.—Nothing in this ‘‘(iii) 34 percent shall be divided equally
‘‘(II) not require the approval of the Sec- paragraph precludes the Secretary from includ- among each Bureau of Indian Affairs region.
retary. ing additional transportation facilities that are Within each region, such share of funds shall be
‘‘(9) COOPERATION.— eligible for funding under the tribal transpor- distributed to each Indian tribe in the ratio that
‘‘(A) IN GENERAL.—The cooperation of States, tation program in the inventory used for the na- the average total relative need distribution fac-
counties, or other local subdivisions may be ac- tional funding allocation if such additional fa- tors and population adjustment factors from fis-
cepted in construction and improvement. cilities are included in the inventory in a uni- cal years 2005 through 2011 for a tribe bears to
‘‘(B) FUNDS RECEIVED.—Any funds received form and consistent manner nationally. the average total of relative need distribution
from a State, county, or local subdivision shall ‘‘(E) BRIDGES.—All bridges in the inventory factors and population adjustment factors for
be credited to appropriations available for the shall be recorded in the national bridge inven- fiscal years 2005 through 2011 in that region.
tribal transportation program. tory administered by the Secretary under section ‘‘(C) TRIBAL SUPPLEMENTAL FUNDING.—
‘‘(10) COMPETITIVE BIDDING.— 144. ‘‘(i) TRIBAL SUPPLEMENTAL FUNDING
‘‘(A) CONSTRUCTION.— ‘‘(2) REGULATIONS.—Notwithstanding sections AMOUNT.—Of funds made available for each fis-
‘‘(i) IN GENERAL.—Subject to clause (ii) and 563(a) and 565(a) of title 5, the Secretary of the cal year for the tribal transportation program,
subparagraph (B), construction of each project Interior shall maintain any regulations gov- the Secretary shall set aside the following
shall be performed by contract awarded by com- erning the tribal transportation program. amount for a tribal supplemental program:
petitive bidding. ‘‘(3) BASIS FOR FUNDING FORMULA.—
‘‘(ii) EXCEPTION.—Clause (i) shall not apply if ‘‘(I) If the amount made available for the trib-
‘‘(A) BASIS.— al transportation program is less than or equal
the Secretary or the Secretary of the Interior af- ‘‘(i) IN GENERAL.—After making the set asides
firmatively finds that, under the circumstances to $275,000,000, 30 percent of such amount.
authorized under subparagraph (C) and sub-
relating to the project, a different method is in ‘‘(II) If the amount made available for the
sections (c), (d), and (e) on October 1 of each
the public interest. tribal transportation program exceeds
fiscal year, the Secretary shall distribute the re-
‘‘(B) APPLICABILITY.—Notwithstanding sub- $275,000,000—
mainder authorized to be appropriated for the
paragraph (A), section 23 of the Act of June 25, ‘‘(aa) $82,500,000; plus
tribal transportation program under this section
1910 (25 U.S.C. 47) and section 7(b) of the Indian ‘‘(bb) 12.5 percent of the amount made avail-
among Indian tribes as follows:
Self-Determination and Education Assistance able for the tribal transportation program in ex-
‘‘(I) For fiscal year 2013—
Act (25 U.S.C. 450e(b)) shall apply to all funds cess of $275,000,000.
‘‘(aa) for each Indian tribe, 80 percent of the
administered by the Secretary of the Interior ‘‘(ii) TRIBAL SUPPLEMENTAL ALLOCATION.—
total relative need distribution factor and popu-
that are appropriated for the construction and The Secretary shall distribute tribal supple-
lation adjustment factor for the fiscal year 2011
improvement of tribal transportation facilities. mental funds as follows:
funding amount made available to that Indian
‘‘(b) FUNDS DISTRIBUTION.— ‘‘(I) DISTRIBUTION AMONG REGIONS.—Of the
tribe; and
‘‘(1) NATIONAL TRIBAL TRANSPORTATION FACIL- ‘‘(bb) the remainder using tribal shares as de- amounts set aside under clause (i), the Secretary
ITY INVENTORY.— scribed in subparagraphs (B) and (C). shall distribute to each region of the Bureau of
‘‘(A) IN GENERAL.—The Secretary of the Inte- ‘‘(II) For fiscal year 2014— Indian Affairs a share of tribal supplemental
rior, in cooperation with the Secretary, shall ‘‘(aa) for each Indian tribe, 60 percent of the funds in proportion to the regional total of trib-
maintain a comprehensive national inventory of total relative need distribution factor and popu- al shares based on the cumulative tribal shares
tribal transportation facilities that are eligible lation adjustment factor for the fiscal year 2011 of all Indian tribes within such region under
for assistance under the tribal transportation funding amount made available to that Indian subparagraph (B).
program. tribe; and ‘‘(II) DISTRIBUTION WITHIN A REGION.—Of the
‘‘(B) TRANSPORTATION FACILITIES INCLUDED IN ‘‘(bb) the remainder using tribal shares as de- amount that a region receives under subclause
THE INVENTORY.—For purposes of identifying scribed in subparagraphs (B) and (C). (I), the Secretary shall distribute tribal supple-
the tribal transportation system and deter- ‘‘(III) For fiscal year 2015— mental funding among Indian tribes within such
mining the relative transportation needs among ‘‘(aa) for each Indian tribe, 40 percent of the region as follows:
Indian tribes, the Secretary shall include, at a total relative need distribution factor and popu- ‘‘(aa) TRIBAL SUPPLEMENTAL AMOUNTS.—The
minimum, transportation facilities that are eligi- lation adjustment factor for the fiscal year 2011 Secretary shall determine—
ble for assistance under the tribal transpor- funding amount made available to that Indian ‘‘(AA) which such Indian tribes would be enti-
tation program that an Indian tribe has re- tribe; and tled under subparagraph (A) to receive in a fis-
quested, including facilities that— ‘‘(bb) the remainder using tribal shares as decal year less funding than they would receive in
‘‘(i) were included in the Bureau of Indian scribed in subparagraphs (B) and (C). fiscal year 2011 pursuant to the relative need
Affairs system inventory prior to October 1, ‘‘(IV) For fiscal year 2016 and thereafter— distribution factor and population adjustment
2004; ‘‘(aa) for each Indian tribe, 20 percent of the factor, as described in subpart C of part 170 of
‘‘(ii) are owned by an Indian tribal govern- total relative need distribution factor and popu- title 25, Code of Federal Regulations (as in ef-
ment; lation adjustment factor for the fiscal year 2011 fect on the date of enactment of the MAP–21);
‘‘(iii) are owned by the Bureau of Indian Af- funding amount made available to that Indian and
fairs; tribe; and ‘‘(BB) the combined amount that such Indian
‘‘(iv) were constructed or reconstructed with ‘‘(bb) the remainder using tribal shares as de- tribes would be entitled to receive in fiscal year
funds from the Highway Trust Fund under the scribed in subparagraphs (B) and (C). 2011 pursuant to such relative need distribution
Indian reservation roads program since 1983; ‘‘(ii) TRIBAL HIGH PRIORITY PROJECTS.—The factor and population adjustment factor in ex-
‘‘(v) are public roads or bridges within the ex- High Priority Projects program as included in cess of the amount that they would be entitled
terior boundary of Indian reservations, Alaska the Tribal Transportation Allocation Method- to receive in the fiscal year under subparagraph
Native villages, and other recognized Indian ology of part 170 of title 25, Code of Federal (B).
communities (including communities in former Regulations (as in effect on the date of enact- ‘‘(bb) COMBINED AMOUNT.—Subject to sub-
Indian reservations in the State of Oklahoma) ment of the MAP–21), shall not continue in ef- clause (III), the Secretary shall distribute to
in which the majority of residents are American fect. each Indian tribe that meets the criteria de-
Indians or Alaska Natives; ‘‘(B) TRIBAL SHARES.—Tribal shares under scribed in item (aa)(AA) a share of funding
‘‘(vi) are public roads within or providing ac- this program shall be determined using the na- under this subparagraph in proportion to the
cess to an Indian reservation or Indian trust tional tribal transportation facility inventory as share of the combined amount determined under
land or restricted Indian land that is not subject calculated for fiscal year 2012, and the most re- item (aa)(BB) attributable to such Indian tribe.
‘‘(III) CEILING.—An Indian tribe may not re- Department of the Interior has previously car- transferred under the Indian Self-Determination
ceive under subclause (II) and based on its trib- ried out such programs, functions, services, or and Education Assistance Act (25 U.S.C. 450 et
al share under subparagraph (A) a combined activities. seq.).
amount that exceeds the amount that such In- ‘‘(7) CONTRACTS AND AGREEMENTS WITH INDIAN ‘‘(H) POWERS.—An Indian tribal government
dian tribe would be entitled to receive in fiscal TRIBES.— receiving funding under subparagraph (A) for a
year 2011 pursuant to the relative need distribu- ‘‘(A) IN GENERAL.—Notwithstanding any other program or project shall have all powers that
tion factor and population adjustment factor, as provision of law or any interagency agreement, the Secretary of the Interior would have exer-
described in subpart C of part 170 of title 25, program guideline, manual, or policy directive, cised in administering the funds transferred to
Code of Federal Regulations (as in effect on the all funds made available to an Indian tribal the Indian tribal government for such program
date of enactment of the MAP–21). government under this chapter for a tribal or project under this section if the funds had
‘‘(IV) OTHER AMOUNTS.—If the amount made transportation facility program or project shall not been transferred, except to the extent that
available for a region under subclause (I) ex- be made available, on the request of the Indian such powers are powers that inherently cannot
ceeds the amount distributed among Indian tribal government, to the Indian tribal govern- be legally transferred under the Indian Self-De-
tribes within that region under subclause (II), ment for use in carrying out, in accordance with termination and Education Assistance Act (25
the Secretary shall distribute the remainder of the Indian Self-Determination and Education U.S.C. 450 et seq.).
such region’s funding under such subclause Assistance Act (25 U.S.C. 450 et seq.), contracts ‘‘(I) DISPUTE RESOLUTION.—In the event of a
among all Indian tribes in that region in propor- and agreements for the planning, research, de- disagreement between the Secretary or the Sec-
tion to the combined amount that each such In- sign, engineering, construction, and mainte- retary of the Interior and an Indian tribe over
dian tribe received under subparagraph (A) and nance relating to the program or project. whether a particular function, duty, or power
subclauses (I), (II), and (III).] ‘‘(B) EXCLUSION OF AGENCY PARTICIPATION.— may be lawfully transferred to the Indian tribe
‘‘(4) TRANSFERRED FUNDS.— In accordance with subparagraph (A), all under the Indian Self-Determination and Edu-
‘‘(A) IN GENERAL.—Not later than 30 days funds, including contract support costs, for a cation Assistance Act (25 U.S.C. 450 et seq.), the
after the date on which funds are made avail- program or project to which subparagraph (A) Indian tribe shall have the right to pursue all
able to the Secretary of the Interior under this applies shall be paid to the Indian tribal govern- alternative dispute resolution and appeal proce-
paragraph, the funds shall be distributed to, ment without regard to the organizational level dures authorized by that Act, including regula-
and made available for immediate use by, eligi- at which the Department of the Interior has tions issued to carry out the Act.
ble Indian tribes, in accordance with the for- previously carried out, or the Department of ‘‘(J) TERMINATION OF CONTRACT OR AGREE-
mula for distribution of funds under the tribal Transportation has previously carried out under MENT.—On the date of the termination of a con-
transportation program. the tribal transportation program, the programs, tract or agreement under this section by an In-
‘‘(B) USE OF FUNDS.—Notwithstanding any functions, services, or activities involved. dian tribal government, the Secretary shall
other provision of this section, funds made ‘‘(C) CONSORTIA.—Two or more Indian tribes transfer all funds that would have been allo-
available to Indian tribes for tribal transpor- that are otherwise eligible to participate in a cated to the Indian tribal government under the
tation facilities shall be expended on projects program or project to which this chapter applies contract or agreement to the Secretary of the In-
identified in a transportation improvement pro- may form a consortium to be considered as a terior to provide continued transportation serv-
gram approved by the Secretary. single Indian tribe for the purpose of partici- ices in accordance with applicable law.
‘‘(5) HEALTH AND SAFETY ASSURANCES.—Not- pating in the project under this section. ‘‘(c) PLANNING.—
withstanding any other provision of law, an In- ‘‘(D) SECRETARY AS SIGNATORY.—Notwith- ‘‘(1) IN GENERAL.—For each fiscal year, not
dian tribal government may approve plans, standing any other provision of law, the Sec- more than 2 percent of the funds made available
specifications, and estimates and commence retary is authorized to enter into a funding for the tribal transportation program shall be
road and bridge construction with funds made agreement with an Indian tribal government to allocated among Indian tribal governments that
available from the tribal transportation program carry out a tribal transportation facility pro- apply for transportation planning pursuant to
through a contract or agreement under Indian gram or project under subparagraph (A) that is the Indian Self-Determination and Education
Self-Determination and Education Assistance located on an Indian reservation or provides ac- Assistance Act (25 U.S.C. 450 et seq.).
Act (25 U.S.C. 450 et seq.), if the Indian tribal cess to the reservation or a community of the In- ‘‘(2) REQUIREMENT.—An Indian tribal govern-
government— dian tribe. ment, in cooperation with the Secretary of the
‘‘(A) provides assurances in the contract or ‘‘(E) FUNDING.—The amount an Indian tribal Interior and, as appropriate, with a State, local
agreement that the construction will meet or ex- government receives for a program or project government, or metropolitan planning organiza-
ceed applicable health and safety standards; under subparagraph (A) shall equal the sum of tion, shall carry out a transportation planning
‘‘(B) obtains the advance review of the plans the funding that the Indian tribal government process in accordance with section 201(c).
and specifications from a State-licensed civil en- would otherwise receive for the program or ‘‘(3) SELECTION AND APPROVAL OF PROJECTS.—
gineer that has certified that the plans and project in accordance with the funding formula A project funded under this section shall be—
specifications meet or exceed the applicable established under this subsection and such addi- ‘‘(A) selected by the Indian tribal government
health and safety standards; and tional amounts as the Secretary determines from the transportation improvement program;
‘‘(C) provides a copy of the certification under equal the amounts that would have been with- and
subparagraph (A) to the Deputy Assistant Sec- held for the costs of the Bureau of Indian Af- ‘‘(B) subject to the approval of the Secretary
retary for Tribal Government Affairs, Depart- fairs for administration of the program or of the Interior and the Secretary.
ment of Transportation, or the Assistant Sec- project. ‘‘(d) TRIBAL TRANSPORTATION FACILITY
retary for Indian Affairs, Department of the In- ‘‘(F) ELIGIBILITY.— BRIDGES.—
terior, as appropriate. ‘‘(i) IN GENERAL.—Subject to clause (ii) and ‘‘(1) NATIONWIDE PRIORITY PROGRAM.—The
‘‘(6) CONTRACTS AND AGREEMENTS WITH INDIAN the approval of the Secretary, funds may be Secretary shall maintain a nationwide priority
TRIBES.— made available under subparagraph (A) to an program for improving deficient bridges eligible
‘‘(A) IN GENERAL.—Notwithstanding any other Indian tribal government for a program or for the tribal transportation program.
provision of law or any interagency agreement, project in a fiscal year only if the Indian tribal ‘‘(2) FUNDING.—Before making any distribu-
program guideline, manual, or policy directive, government requesting such funds demonstrates tion under subsection (b), the Secretary shall set
all funds made available through the Secretary to the satisfaction of the Secretary financial sta- aside not more than 2 percent of the funds made
of the Interior under this chapter and section bility and financial management capability dur- available under the tribal transportation pro-
125(e) for tribal transportation facilities to pay ing the 3 fiscal years immediately preceding the gram for each fiscal year to be allocated—
for the costs of programs, services, functions, fiscal year for which the request is being made. ‘‘(A) to carry out any planning, design, engi-
and activities, or portions of programs, services, ‘‘(ii) CONSIDERATIONS.—An Indian tribal gov- neering, preconstruction, construction, and in-
functions, or activities, that are specifically or ernment that had no uncorrected significant spection of a project to replace, rehabilitate,
functionally related to the cost of planning, re- and material audit exceptions in the required seismically retrofit, paint, apply calcium magne-
search, engineering, and construction of any annual audit of the contracts or self-governance sium acetate, sodium acetate/formate, or other
tribal transportation facility shall be made funding agreements made by the Indian tribe environmentally acceptable, minimally corrosive
available, upon request of the Indian tribal gov- with any Federal agency under the Indian Self- anti-icing and deicing composition; or
ernment, to the Indian tribal government for Determination and Education Assistance Act (25 ‘‘(B) to implement any countermeasure for de-
contracts and agreements for such planning, re- U.S.C. 450 et seq.) during the 3-fiscal year pe- ficient tribal transportation facility bridges, in-
search, engineering, and construction in accord- riod referred in clause (i) shall be conclusive evi- cluding multiple-pipe culverts.
ance with Indian Self-Determination and Edu- dence of the financial stability and financial ‘‘(3) ELIGIBLE BRIDGES.—To be eligible to re-
cation Assistance Act (25 U.S.C. 450 et seq.). management capability of the Indian tribe for ceive funding under this subsection, a bridge de-
‘‘(B) EXCLUSION OF AGENCY PARTICIPATION.— purposes of clause (i). scribed in paragraph (1) shall—
All funds, including contract support costs, for ‘‘(G) ASSUMPTION OF FUNCTIONS AND DUTIES.— ‘‘(A) have an opening of not less than 20 feet;
programs, functions, services, or activities, or An Indian tribal government receiving funding ‘‘(B) be classified as a tribal transportation
portions of programs, services, functions, or ac- under subparagraph (A) for a program or facility; and
tivities, including supportive administrative project shall assume all functions and duties ‘‘(C) be structurally deficient or functionally
functions that are otherwise contractible to that the Secretary of the Interior would have obsolete.
which subparagraph (A) applies, shall be paid performed with respect to a program or project ‘‘(4) APPROVAL REQUIREMENT.—The Secretary
in accordance with subparagraph (A), without under this chapter, other than those functions may make funds available under this subsection
regard to the organizational level at which the and duties that inherently cannot be legally for preliminary engineering, construction, and
construction engineering activities after ap- tered in conformity with regulations and agree- ‘‘(B) are owned by 1 of the following agencies:
proval of required documentation and ments jointly approved by the Secretary and the ‘‘(i) The National Park Service.
verification of eligibility in accordance with this Secretary of the appropriate Federal land man- ‘‘(ii) The Forest Service.
title. aging agency. ‘‘(iii) The United States Fish and Wildlife
‘‘(e) SAFETY.— ‘‘(4) COOPERATION.— Service.
‘‘(1) FUNDING.—Before making any distribu- ‘‘(A) IN GENERAL.—The cooperation of States, ‘‘(iv) The Bureau of Land Management.
tion under subsection (b), the Secretary shall set counties, or other local subdivisions may be ac- ‘‘(v) The Corps of Engineers.
aside not more than 2 percent of the funds made cepted in construction and improvement. ‘‘(3) AVAILABILITY.—The inventories shall be
available under the tribal transportation pro- ‘‘(B) FUNDS RECEIVED.—Any funds received made available to the Secretary.
from a State, county, or local subdivision shall ‘‘(4) UPDATES.—The Secretaries of the appro-
gram for each fiscal year to be allocated based
be credited to appropriations available for the priate Federal land management agencies shall
on an identification and analysis of highway
class of Federal lands transportation facilities to update the inventories of the appropriate Fed-
safety issues and opportunities on tribal land,
which the funds were contributed. eral land management agencies, as determined
as determined by the Secretary, on application
‘‘(5) COMPETITIVE BIDDING.— by the Secretary after collaborative discussions
of the Indian tribal governments for eligible
‘‘(A) IN GENERAL.—Subject to subparagraph with the Secretaries of the appropriate Federal
projects described in section 148(a)(4).
(B), construction of each project shall be per- land management agencies.
‘‘(2) PROJECT SELECTION.—An Indian tribal ‘‘(5) REVIEW.—A decision to add or remove a
government, in cooperation with the Secretary formed by contract awarded by competitive bid-
facility from the inventory shall not be consid-
of the Interior and, as appropriate, with a ding.
‘‘(B) EXCEPTION.—Subparagraph (A) shall not ered a Federal action for purposes of review
State, local government, or metropolitan plan-
apply if the Secretary or the Secretary of the under the National Environmental Policy Act of
ning organization, shall select projects from the
appropriate Federal land management agency 1969 (42 U.S.C. 4321 et seq.).
transportation improvement program, subject to ‘‘(d) BICYCLE SAFETY.—The Secretary of the
the approval of the Secretary and the Secretary affirmatively finds that, under the cir-
appropriate Federal land management agency
of the Interior. cumstances relating to the project, a different
shall prohibit the use of bicycles on each feder-
‘‘(f) FEDERAL-AID ELIGIBLE PROJECTS.—Before method is in the public interest.
ally owned road that has a speed limit of 30
approving as a project on a tribal transpor- ‘‘(b) AGENCY PROGRAM DISTRIBUTIONS.—
miles per hour or greater and an adjacent paved
tation facility any project eligible for funds ap- ‘‘(1) IN GENERAL.—On October 1, 2011, and on
path for use by bicycles within 100 yards of the
portioned under section 104 in a State, the Sec- October 1 of each fiscal year thereafter, the Sec-
road unless the Secretary determines that the bi-
retary shall, for projects on tribal transpor- retary shall allocate the sums authorized to be
cycle level of service on that roadway is rated B
tation facilities, determine that the obligation of appropriated for the fiscal year for the Federal
or higher.
funds for the project is supplementary to and lands transportation program on the basis of
applications of need, as determined by the Sec- ‘‘§ 204. Federal lands access program
not in lieu of the obligation of a fair and equi-
table share of funds apportioned to the State retary— ‘‘(a) USE OF FUNDS.—
under section 104. ‘‘(A) in consultation with the Secretaries of ‘‘(1) IN GENERAL.—Funds made available
the applicable Federal land management agen- under the Federal lands access program shall be
‘‘§ 203. Federal lands transportation program used by the Secretary of Transportation and the
cies; and
‘‘(a) USE OF FUNDS.— ‘‘(B) in coordination with the transportation Secretary of the appropriate Federal land man-
‘‘(1) IN GENERAL.—Funds made available plans required under section 201 of the respec- agement agency to pay the cost of—
under the Federal lands transportation program tive transportation systems of— ‘‘(A) transportation planning, research, engi-
shall be used by the Secretary of Transportation ‘‘(i) the National Park Service; neering, preventive maintenance, rehabilitation,
and the Secretary of the appropriate Federal ‘‘(ii) the Forest Service; restoration, construction, and reconstruction of
land management agency to pay the costs of— ‘‘(iii) the United States Fish and Wildlife Federal lands access transportation facilities lo-
‘‘(A) program administration, transportation Service; cated on or adjacent to, or that provide access
planning, research, preventive maintenance, en- ‘‘(iv) the Corps of Engineers; and to, Federal land, and—
gineering, rehabilitation, restoration, construc- ‘‘(v) the Bureau of Land Management. ‘‘(i) adjacent vehicular parking areas;
tion, and reconstruction of Federal lands trans- ‘‘(2) APPLICATIONS.— ‘‘(ii) acquisition of necessary scenic easements
portation facilities, and— ‘‘(A) REQUIREMENTS.—Each application sub- and scenic or historic sites;
‘‘(i) adjacent vehicular parking areas; mitted by a Federal land management agency ‘‘(iii) provisions for pedestrians and bicycles;
‘‘(ii) acquisition of necessary scenic easements shall include proposed programs at various po- ‘‘(iv) environmental mitigation in or adjacent
and scenic or historic sites; tential funding levels, as defined by the Sec- to Federal land to improve public safety and re-
‘‘(iii) provision for pedestrians and bicycles; retary following collaborative discussions with duce vehicle-caused wildlife mortality while
‘‘(iv) environmental mitigation in or adjacent applicable Federal land management agencies. maintaining habitat connectivity;
to Federal land open to the public— ‘‘(B) CONSIDERATION BY SECRETARY.—In eval- ‘‘(v) construction and reconstruction of road-
‘‘(I) to improve public safety and reduce vehi- uating an application submitted under subpara- side rest areas, including sanitary and water fa-
cle-caused wildlife mortality while maintaining graph (A), the Secretary shall consider the ex- cilities; and
habitat connectivity; and ‘‘(vi) other appropriate public road facilities,
tent to which the programs support—
‘‘(II) to mitigate the damage to wildlife, ‘‘(i) the transportation goals of— as determined by the Secretary;
aquatic organism passage, habitat, and eco- ‘‘(B) operation and maintenance of transit fa-
‘‘(I) a state of good repair of transportation
system connectivity, including the costs of con- cilities; and
facilities;
structing, maintaining, replacing, or removing ‘‘(C) any transportation project eligible for as-
‘‘(II) a reduction of bridge deficiencies, and
culverts and bridges, as appropriate; sistance under this title that is within or adja-
‘‘(III) an improvement of safety;
‘‘(v) construction and reconstruction of road- cent to, or that provides access to, Federal land.
‘‘(ii) high-use Federal recreational sites or
‘‘(2) CONTRACT.—In connection with an activ-
side rest areas, including sanitary and water fa- Federal economic generators; and
ity described in paragraph (1), the Secretary
cilities; ‘‘(iii) the resource and asset management
and the Secretary of the appropriate Federal
‘‘(vi) congestion mitigation; and goals of the Secretary of the respective Federal
land management agency may enter into a con-
‘‘(vii) other appropriate public road facilities, land management agency.
tract or other appropriate agreement with re-
as determined by the Secretary; ‘‘(C) PERMISSIVE CONTENTS.—Applications
‘‘(B) operation and maintenance of transit fa- spect to the activity with—
may include proposed programs the duration of ‘‘(A) a State (including a political subdivision
cilities; which extend over a multiple-year period to sup- of a State); or
‘‘(C) any transportation project eligible for as- port long-term transportation planning and re- ‘‘(B) an Indian tribe.
sistance under this title that is on a public road source management initiatives. ‘‘(3) ADMINISTRATION.—All appropriations for
within or adjacent to, or that provides access to, ‘‘(c) NATIONAL FEDERAL LANDS TRANSPOR- the construction and improvement of Federal
Federal lands open to the public; and TATION FACILITY INVENTORY.— lands access transportation facilities shall be
‘‘(D) not more $10,000,000 of the amounts made ‘‘(1) IN GENERAL.—The Secretaries of the ap- administered in conformity with regulations and
available per fiscal year to carry out this section propriate Federal land management agencies, in agreements approved by the Secretary.
for activities eligible under subparagraph cooperation with the Secretary, shall maintain a ‘‘(4) COOPERATION.—
(A)(iv). comprehensive national inventory of public Fed- ‘‘(A) IN GENERAL.—The cooperation of States,
‘‘(2) CONTRACT.—In connection with an activ- eral lands transportation facilities. counties, or other local subdivisions may be ac-
ity described in paragraph (1), the Secretary ‘‘(2) TRANSPORTATION FACILITIES INCLUDED IN cepted in construction and improvement.
and the Secretary of the appropriate Federal THE INVENTORIES.—To identify the Federal ‘‘(B) FUNDS RECEIVED.—Any funds received
land management agency may enter into a con- lands transportation system and determine the from a State, county, or local subdivision for a
tract or other appropriate agreement with re- relative transportation needs among Federal Federal lands access transportation facility
spect to the activity with— land management agencies, the inventories shall project shall be credited to appropriations avail-
‘‘(A) a State (including a political subdivision include, at a minimum, facilities that— able under the Federal lands access program.
of a State); or ‘‘(A) provide access to high-use Federal recre- ‘‘(5) COMPETITIVE BIDDING.—
‘‘(B) an Indian tribe. ation sites or Federal economic generators, as ‘‘(A) IN GENERAL.—Subject to subparagraph
‘‘(3) ADMINISTRATION.—All appropriations for determined by the Secretary in coordination (B), construction of each project shall be per-
the construction and improvement of Federal with the respective Secretaries of the appro- formed by contract awarded by competitive bid-
lands transportation facilities shall be adminis- priate Federal land management agencies; and ding.
‘‘(B) EXCEPTION.—Subparagraph (A) shall not provide access to, are adjacent to, or are located ‘‘(l) REPORT.—
apply if the Secretary or the Secretary of the within high-use Federal recreation sites or Fed- ‘‘(1) IN GENERAL.—Not later than 2 years after
appropriate Federal land management agency eral economic generators, as identified by the the date of enactment of the MAP–21, the Sec-
affirmatively finds that, under the cir- Secretaries of the appropriate Federal land retary shall submit a report to the Committee on
cumstances relating to the project, a different management agencies.’’. Transportation and Infrastructure of the House
method is in the public interest. (b) PUBLIC LANDS DEVELOPMENT ROADS AND of Representatives and the Committee on Envi-
‘‘(b) PROGRAM DISTRIBUTIONS.— TRAILS.—Section 214 of title 23, United States ronment and Public Works of the Senate regard-
‘‘(1) IN GENERAL.—Funding made available to Code, is repealed. ing projects of national and regional signifi-
carry out the Federal lands access program (c) CONFORMING AMENDMENTS.— cance.
shall be allocated among those States that have (1) CHAPTER 2 ANALYSIS.—The analysis for ‘‘(2) PURPOSE.—The purpose of the report
Federal land, in accordance with the following chapter 2 of title 23, United States Code, is issued under this subsection shall be to identify
formula: amended— projects of national and regional significance
‘‘(A) 80 percent of the available funding for (A) by striking the items relating to sections that—
use in those States that contain at least 11⁄2 per- 201 through 204 and inserting the following: ‘‘(A) will significantly improve the perform-
cent of the total public land in the United States ‘‘201. Federal lands and tribal transportation ance of the Federal-aid highway system, nation-
managed by the agencies described in paragraph programs. ally or regionally;
(2), to be distributed as follows: ‘‘202. Tribal transportation program. ‘‘(B) is able to—
‘‘(i) 30 percent in the ratio that— ‘‘203. Federal lands transportation program. ‘‘(i) generate national economic benefits that
‘‘(I) recreational visitation within each such ‘‘204. Federal lands access program.’’; and reasonably exceed the costs of the projects, in-
State; bears to (B) by striking the item relating to section 214. cluding increased access to jobs, labor, and
‘‘(II) the recreational visitation within all (2) DEFINITION.—Section 138(a) of title 23, other critical economic inputs;
such States. United States Code, is amended in the third sen- ‘‘(ii) reduce long-term congestion, including
‘‘(ii) 5 percent in the ratio that— tence by striking ‘‘park road or parkway under impacts in the State, region, and the United
‘‘(I) the Federal land area within each such section 204 of this title’’ and inserting ‘‘Federal States, and increase speed, reliability, and ac-
State; bears to lands transportation facility’’. cessibility of the movement of people or freight;
‘‘(II) the Federal land area in all such States. (3) RULES, REGULATIONS, AND RECOMMENDA- and
‘‘(iii) 55 percent in the ratio that— TIONS.—Section 315 of title 23, United States
‘‘(I) the Federal public road miles within each ‘‘(iii) improve transportation safety, including
Code, is amended by striking ‘‘204(f)’’ and in-
such State; bears to reducing transportation accidents, and serious
serting ‘‘202(a)(5), 203(a)(3),’’.
‘‘(II) the Federal public road miles in all such injuries and fatalities; and
SEC. 1120. PROJECTS OF NATIONAL AND RE-
States. ‘‘(C) can be supported by an acceptable degree
GIONAL SIGNIFICANCE.
‘‘(iv) 10 percent in the ratio that— of non-Federal financial commitments.
Section 1301 of the SAFETEA–LU (23 U.S.C.
‘‘(I) the number of Federal public bridges ‘‘(3) CONTENTS.—The report issued under this
101 note; 119 Stat. 1198) is amended—
within each such State; bears to subsection shall include—
(1) in subsection (b), by striking ‘‘States’’ and
‘‘(II) the number of Federal public bridges in ‘‘(A) a comprehensive list of each project of
inserting ‘‘eligible applicants’’;
all such States. (2) in subsection (c), by striking paragraph (3) national and regional significance that—
‘‘(B) 20 percent of the available funding for and inserting the following: ‘‘(i) has been complied through a survey of
use in those States that do not contain at least ‘‘(3) ELIGIBLE APPLICANT.—The term ‘eligible State departments of transportation; and
1 ⁄2 percent of the total public land in the United
1
applicant’ means— ‘‘(ii) has been classified by the Secretary as a
States managed by the agencies described in ‘‘(A) a State department of transportation or project of regional or national significance in
paragraph (2), to be distributed as follows: a group of State departments of transportation; accordance with this section;
‘‘(i) 30 percent in the ratio that— ‘‘(B) a tribal government or consortium of ‘‘(B) an analysis of the information collected
‘‘(I) recreational visitation within each such tribal governments; under paragraph (1), including a discussion of
State; bears to ‘‘(C) a transit agency; or the factors supporting each classification of a
‘‘(II) the recreational visitation within all ‘‘(D) a multi-State or multi-jurisdictional project as a project of regional or national sig-
such States. group of the agencies described in subpara- nificance; and
‘‘(ii) 5 percent in the ratio that— graphs (A) through (C).’’; ‘‘(C) recommendations on financing for eligi-
‘‘(I) the Federal land area within each such (3) in subsection (d)(2), by striking ‘‘75’’ and ble project costs.
State; bears to inserting ‘‘50’’; ‘‘(m) AUTHORIZATION OF APPROPRIATIONS.—
‘‘(II) the Federal land area in all such States. (4) in subsection (e), by striking ‘‘State’’ and There is authorized to be appropriated to carry
‘‘(iii) 55 percent in the ratio that— inserting ‘‘eligible applicant’’; out this section $500,000,000 for fiscal year 2013,
‘‘(I) the Federal public road miles within each (5) in subsection (f)(3) by striking subpara- to remain available until expended.’’.
such State; bears to graph (B) and inserting the following: SEC. 1121. CONSTRUCTION OF FERRY BOATS AND
‘‘(II) the Federal public road miles in all such ‘‘(B) improves roadways vital to national en- FERRY TERMINAL FACILITIES.
States. ergy security; and’’; (a) CONSTRUCTION OF FERRY BOATS AND
‘‘(iv) 10 percent in the ratio that— (6) in subsection (g)(1) by adding at the end FERRY TERMINAL FACILITIES.—Section 147 of
‘‘(I) the number of Federal public bridges the following: title 23, United States Code, is amended—
within each such State; bears to ‘‘(E) CONGRESSIONAL APPROVAL.—The Sec- (1) by striking subsections (c) and (d);
‘‘(II) the number of Federal public bridges in retary may not issue a letter of intent, enter into
(2) by redesignating subsections (e) and (f) as
all such States. a full funding grant agreement under para-
subsections (f) and (g), respectively; and
‘‘(2) DATA SOURCE.—Data necessary to dis- graph (2), or make any other obligation or com-
(3) by inserting after subsection (b) the fol-
tribute funding under paragraph (1) shall be mitment to fund a project under this section if
lowing:
provided by the following Federal land manage- a joint resolution of disapproval is enacted dis-
‘‘(c) DISTRIBUTION OF FUNDS.—Of the
ment agencies: approving funding for the project before the last
amounts made available to ferry systems and
‘‘(A) The National Park Service. day of the 60-day period described in subpara-
‘‘(B) The Forest Service. public entities responsible for developing ferries
graph (B).’’;
‘‘(C) The United States Fish and Wildlife (7) in subsection (k), by adding at the end the under this section for a fiscal year, 100 percent
Service. following: shall be allocated in accordance with the for-
‘‘(D) The Bureau of Land Management. ‘‘(3) PROJECT SELECTION JUSTIFICATIONS.— mula set forth in subsection (d).
‘‘(E) The Corps of Engineers. ‘‘(A) IN GENERAL.—Not later than 30 days ‘‘(d) FORMULA.—Of the amounts allocated
‘‘(c) PROGRAMMING DECISIONS COMMITTEE.— after the date on which the Secretary selects a pursuant to subsection (c)—
‘‘(1) IN GENERAL.—Programming decisions project for funding under this section, the Sec- ‘‘(1) 20 percent shall be allocated among eligi-
shall be made within each State by a committee retary shall submit to the Committee on Trans- ble entities in the proportion that—
comprised of— portation and Infrastructure of the House of ‘‘(A) the number of ferry passengers carried
‘‘(A) a representative of the Federal Highway Representatives and the Committee on Environ- by each ferry system in the most recent fiscal
Administration; ment and Public Works of the Senate a report year; bears to
‘‘(B) a representative of the State Department that describes the reasons for selecting the ‘‘(B) the number of ferry passengers carried
of Transportation; and project, based on the criteria described in sub- by all ferry systems in the most recent fiscal
‘‘(C) a representative of any appropriate polit- section (f). year;
ical subdivision of the State. ‘‘(B) INCLUSIONS.—The report submitted under ‘‘(2) 45 percent shall be allocated among eligi-
‘‘(2) CONSULTATION REQUIREMENT.—The com- subparagraph (A) shall specify each criteria de- ble entities in the proportion that—
mittee described in paragraph (1) shall cooper- scribed in subsection (f) that the project meets. ‘‘(A) the number of vehicles carried by each
ate with each applicable Federal agency in each ‘‘(C) AVAILABILITY.—The Secretary shall ferry system in the most recent fiscal year; bears
State before any joint discussion or final pro- make available on the website of the Depart- to
gramming decision. ment the report submitted under subparagraph ‘‘(B) the number of vehicles carried by all
‘‘(3) PROJECT PREFERENCE.—In making a pro- (A).’’; and ferry systems in the most recent fiscal year; and
gramming decision under paragraph (1), the (8) by striking subsections (l) and (m) and in- ‘‘(3) 35 percent shall be allocated among eligi-
committee shall give preference to projects that serting the following: ble entities in the proportion that—
‘‘(A) the total route miles serviced by each ‘‘(2) METROPOLITAN AREAS.—Funds attributed section (f) if the Governor of the State notifies
ferry system; bears to to an urbanized area under paragraph (1)(A)(i) the Secretary not later than 30 days prior to ap-
‘‘(B) the total route miles serviced by all ferry may be obligated in the metropolitan area estab- portionments being made for any fiscal year.’’.
systems. lished under section 134 that encompasses the (b) CONFORMING AMENDMENT.—The analysis
‘‘(e) AUTHORIZATION OF APPROPRIATIONS.— urbanized area. for chapter 2 of title 23, United States Code, is
There is authorized to be appropriated out of ‘‘(3) DISTRIBUTION AMONG URBANIZED AREAS amended by striking the item relating to section
the Highway Trust Fund (other than the Mass OF OVER 200,000 POPULATION.— 213 and inserting the following:
Transit Account) to carry out this section ‘‘(A) IN GENERAL.—Except as provided in ‘‘213. Transportation alternatives’’.
$67,000,000 for each of fiscal years 2013 and paragraph (1)(B), the amount of funds that a SEC. 1123. TRIBAL HIGH PRIORITY PROJECTS
2014.’’. State is required to obligate under paragraph PROGRAM.
(b) NATIONAL FERRY DATABASE.—Section (1)(A)(i) shall be obligated in urbanized areas (a) DEFINITIONS.—In this section:
1801(e) of the SAFETEA–LU (23 U.S.C. 129 note; described in paragraph (1)(A)(i) based on the (1) EMERGENCY OR DISASTER.—The term
Public Law 109–59) is amended— relative population of the areas. ‘‘emergency or disaster’’ means damage to a
(1) in paragraph (2), by inserting ‘‘, including ‘‘(B) OTHER FACTORS.—A State may obligate tribal transportation facility that—
any Federal, State, and local government fund- the funds described in subparagraph (A) based (A) renders the tribal transportation facility
ing sources,’’ after ‘‘sources’’; and on other factors if the State and the relevant impassable or unusable;
(2) in paragraph (4)— metropolitan planning organizations jointly (B) is caused by—
(A) in subparagraph (B), by striking ‘‘and’’ at apply to the Secretary for the permission to base (i) a natural disaster over a widespread area;
the end; the obligation on other factors and the Sec- or
(B) by redesignating subparagraph (C) as sub- retary grants the request. (ii) a catastrophic failure from an external
paragraph (D); ‘‘(4) ACCESS TO FUNDS.— cause; and
(C) by inserting after subparagraph (B), the ‘‘(A) IN GENERAL.—Each State or metropolitan (C) would be eligible under the emergency re-
following: planning organization required to obligate lief program under section 125 of title 23, United
‘‘(C) ensure that the database is consistent funds in accordance with paragraph (1) shall States Code, but does not meet the funding
with the national transit database maintained develop a competitive process to allow eligible thresholds required by that section.
by the Federal Transit Administration; and’’; entities to submit projects for funding that (2) LIST.—The term ‘‘list’’ means the funding
and achieve the objectives of this subsection. priority list developed under subsection (c)(5).
(D) in subparagraph (D) (as redesignated by ‘‘(B) DEFINITION OF ELIGIBLE ENTITY.—In this (3) PROGRAM.—The term ‘‘program’’ means
subparagraph (B)), by striking ‘‘2009’’ and in- paragraph, the term ‘eligible entity’ means— the Tribal High Priority Projects program estab-
serting ‘‘2014’’. ‘‘(i) a local government; lished under subsection (b)(1).
SEC. 1122. TRANSPORTATION ALTERNATIVES. ‘‘(ii) a regional transportation authority; (4) PROJECT.—The term ‘‘project’’ means a
(a) IN GENERAL.—Section 213 of title 23, ‘‘(iii) a transit agency; project provided funds under the program.
United States Code, is amended to read as fol- ‘‘(iv) a natural resource or public land agen- (b) PROGRAM.—
lows: cy; (1) IN GENERAL.—The Secretary shall use
‘‘(v) a school district, local education agency, amounts made available under subsection (h) to
‘‘§ 213. Transportation alternatives or school; carry out a Tribal High Priority Projects pro-
‘‘(a) RESERVATION OF FUNDS.— ‘‘(vi) a tribal government; and gram under which funds shall be provided to eli-
‘‘(1) IN GENERAL.—On October 1 of each of fis- ‘‘(vii) any other local or regional govern- gible applicants in accordance with this section.
cal years 2013 and 2014, the Secretary shall pro- mental entity with responsibility for or oversight (2) ELIGIBLE APPLICANTS.—Applicants eligible
portionally reserve from the funds apportioned of transportation or recreational trails (other for program funds under this section include—
to a State under section 104(b) to carry out the than a metropolitan planning organization or a (A) an Indian tribe whose annual allocation
requirements of this section an amount equal to State agency) that the State determines to be eli- of funding under section 202 of title 23, United
the amount obtained by multiplying the amount gible, consistent with the goals of this sub- States Code, is insufficient to complete the high-
determined under paragraph (2) by the ratio section. est priority project of the Indian tribe;
that— ‘‘(5) SELECTION OF PROJECTS.—For funds re- (B) a governmental subdivision of an Indian
‘‘(A) the amount apportioned to the State for served in a State under this section and suballo- tribe—
the transportation enhancements program for cated to a metropolitan planning area under (i) that is authorized to administer the fund-
fiscal year 2009 under section 133(d)(2), as in ef- paragraph (1)(A)(i), each such metropolitan ing of the Indian tribe under section 202 of title
fect on the day before the date of enactment of planning organization shall select projects car- 23, United States Code; and
the MAP-21; bears to ried out within the boundaries of the applicable (ii) for which the annual allocation under
‘‘(B) the total amount of funds apportioned to metropolitan planning area, in consultation that section is insufficient to complete the high-
all States for that fiscal year for the transpor- with the relevant State. est priority project of the Indian tribe; or
tation enhancements program for fiscal year ‘‘(d) FLEXIBILITY OF EXCESS RESERVED FUND- (C) any Indian tribe that has an emergency or
2009. ING.—Beginning in the second fiscal year after disaster with respect to a transportation facility
‘‘(2) CALCULATION OF NATIONAL AMOUNT.— the date of enactment of the MAP-21, if on Au- included on the national inventory of tribal
The Secretary shall determine an amount for gust 1 of that fiscal year the unobligated bal- transportation facilities under section 202(b)(1)
each fiscal year that is equal to 2 percent of the ance of available funds reserved by a State of title 23, United States Code.
amounts authorized to be appropriated for such under this section exceeds 100 percent of such (c) PROJECT APPLICATIONS; FUNDING.—
fiscal year from the Highway Trust Fund (other reserved amount in such fiscal year, the State (1) IN GENERAL.—To apply for funds under
than the Mass Transit Account) to carry out may thereafter obligate the amount of excess this section, an eligible applicant shall submit to
chapters 1, 2, 5, and 6 of this title. funds for any activity— the Department of the Interior or the Depart-
‘‘(b) ELIGIBLE PROJECTS.—A State may obli- ‘‘(1) that is eligible to receive funding under ment an application that includes—
gate the funds reserved under this section for this section; or (A) project scope of work, including
any of the following projects or activities: ‘‘(2) for which the Secretary has approved the deliverables, budget, and timeline;
‘‘(1) Transportation alternatives, as defined in obligation of funds for any State under section (B) the amount of funds requested;
section 101. 149. (C) project information addressing—
‘‘(2) The recreational trails program under ‘‘(e) TREATMENT OF PROJECTS.—Notwith- (i) the ranking criteria identified in para-
section 206. standing any other provision of law, projects graph (3); or
‘‘(3) The safe routes to school program under funded under this section (excluding those car- (ii) the nature of the emergency or disaster;
section 1404 of the SAFETEA–LU (23 U.S.C. 402 ried out under subsection (f)) shall be treated as (D) documentation that the project meets the
note; Public Law 109–59). projects on a Federal-aid highway under this definition of a tribal transportation facility and
‘‘(4) Planning, designing, or constructing bou- chapter. is included in the national inventory of tribal
levards and other roadways largely in the right- ‘‘(f) CONTINUATION OF CERTAIN RECREATIONAL transportation facilities under section 202(b)(1)
of-way of former Interstate System routes or TRAILS PROJECTS.—Each State shall— of title 23, United States Code;
other divided highways. ‘‘(1) obligate an amount of funds reserved (E) documentation of official tribal action re-
‘‘(c) ALLOCATIONS OF FUNDS.— under this section equal to the amount of the questing the project;
‘‘(1) CALCULATION.—Of the funds reserved in funds apportioned to the State for fiscal year (F) documentation from the Indian tribe pro-
a State under this section— 2009 under section 104(h)(2) for projects relating viding authority for the Secretary of the Interior
‘‘(A) 50 percent for a fiscal year shall be obli- to recreational trails under section 206; to place the project on a transportation improve-
gated under this section to any eligible entity in ‘‘(2) return 1 percent of those funds to the ment program if the project is selected and ap-
proportion to their relative shares of the popu- Secretary for the administration of that pro- proved; and
lation of the State— gram; and (G) any other information the Secretary of the
‘‘(i) in urbanized areas of the State with an ‘‘(3) comply with the provisions of the admin- Interior or Secretary considers appropriate to
urbanized area population of over 200,000; istration of the recreational trails program make a determination.
‘‘(ii) in areas of the State other than urban under section 206, including the use of appor- (2) LIMITATION ON APPLICATIONS.—An appli-
areas with a population greater than 5,000; and tioned funds described under subsection cant for funds under the program may only
‘‘(iii) in other areas of the State; and (d)(3)(A) of that section. have 1 application for assistance under this sec-
‘‘(B) 50 percent shall be obligated in any area ‘‘(g) STATE FLEXIBILITY.—A State may opt out tion pending at any 1 time, including any emer-
of the State. of the recreational trails program under sub- gency or disaster application.
(3) APPLICATION RANKING.— (C) EFFECT ON OTHER PROJECTS.—If the Sec- ‘‘(1) METROPOLITAN PLANNING AREA.—The
(A) IN GENERAL.—The Secretary of the Inte- retary of the Interior uses funding previously term ‘metropolitan planning area’ means the ge-
rior and the Secretary shall determine the eligi- designated for a project on the list to fund an ographic area determined by agreement between
bility of, and fund, program applications, sub- emergency or disaster project under this sub- the metropolitan planning organization for the
ject to the availability of funds. section, the project on the list that did not re- area and the Governor under subsection (e).
(B) RANKING CRITERIA.—The project ranking ceive funding as a result of the redesignation of ‘‘(2) METROPOLITAN PLANNING ORGANIZA-
criteria for applications under this section shall funds shall move to the top of the list the fol- TION.—The term ‘metropolitan planning organi-
include— lowing year. zation’ means the policy board of an organiza-
(i) the existence of safety hazards with docu- (4) EMERGENCY OR DISASTER PROJECT COST.— tion established as a result of the designation
mented fatality and injury accidents; The cost of a project submitted as an emergency process under subsection (d).
(ii) the number of years since the Indian tribe or disaster under this subsection shall be at ‘‘(3) NONMETROPOLITAN AREA.—The term
last completed a construction project funded by least 10 percent of the distribution of funds of ‘nonmetropolitan area’ means a geographic area
section 202 of title 23, United States Code; the Indian tribe under section 202(b) of title 23, outside designated metropolitan planning areas.
(iii) the readiness of the Indian tribe to pro- United States Code. ‘‘(4) NONMETROPOLITAN LOCAL OFFICIAL.—The
ceed to construction or bridge design need; (e) LIMITATION ON USE OF FUNDS.—Program term ‘nonmetropolitan local official’ means
(iv) the percentage of project costs matched by funds shall not be used for— elected and appointed officials of general pur-
funds that are not provided under section 202 of (1) transportation planning; pose local government in a nonmetropolitan
title 23, United States Code, with projects with (2) research; area with responsibility for transportation.
a greater percentage of other sources of match- (3) routine maintenance activities; ‘‘(5) REGIONAL TRANSPORTATION PLANNING OR-
ing funds ranked ahead of lesser matches); (4) structures and erosion protection unrelated GANIZATION.—The term ‘regional transportation
(v) the amount of funds requested, with re- to transportation and roadways; planning organization’ means a policy board of
quests for lesser amounts given greater priority; (5) general reservation planning not involving an organization established as the result of a
(vi) the challenges caused by geographic isola- transportation; designation under section 135(m).
tion; and (6) landscaping and irrigation systems not in- ‘‘(6) TIP.—The term ‘TIP’ means a transpor-
(vii) all weather access for employment, com- volving transportation programs and projects; tation improvement program developed by a met-
merce, health, safety, educational resources, or (7) work performed on projects that are not in-
ropolitan planning organization under sub-
housing. cluded on a transportation improvement pro-
section (j).
(4) PROJECT SCORING MATRIX.—The project gram approved by the Federal Highway Admin- ‘‘(7) URBANIZED AREA.—The term ‘urbanized
scoring matrix established in the appendix to istration, unless otherwise authorized by the area’ means a geographic area with a popu-
part 170 of title 25, Code of Regulations (as in Secretary of the Interior and the Secretary; lation of 50,000 or more, as determined by the
effect on the date of enactment of this Act) shall (8) the purchase of equipment unless other-
Bureau of the Census.
be used to rank all applications accepted under wise authorized by Federal law; or
‘‘(c) GENERAL REQUIREMENTS.—
this section. (9) the condemnation of land for recreational
‘‘(1) DEVELOPMENT OF LONG-RANGE PLANS AND
(5) FUNDING PRIORITY LIST.— trails.
TIPS.—To accomplish the objectives in sub-
(A) IN GENERAL.—The Secretary of the Inte- (f) LIMITATION ON PROJECT AMOUNTS.—
section (a), metropolitan planning organizations
rior and the Secretary shall jointly produce a Project funding shall be limited to a maximum
designated under subsection (d), in cooperation
funding priority list that ranks the projects ap- of $1,000,000 per application, except that fund-
with the State and public transportation opera-
proved for funding under the program. ing for disaster or emergency projects shall also
tors, shall develop long-range transportation
(B) LIMITATION.—The number of projects on be limited to the estimated cost of repairing
plans and transportation improvement programs
the list shall be limited by the amount of fund- damage to the tribal transportation facility.
(g) COST ESTIMATE CERTIFICATION.—All cost through a performance-driven, outcome-based
ing made available.
(6) TIMELINE.—The Secretary of the Interior estimates prepared for a project shall be re- approach to planning for metropolitan areas of
and the Secretary shall— quired to be submitted by the applicant to the the State.
(A) require applications for funding no sooner Secretary of the Interior and the Secretary for ‘‘(2) CONTENTS.—The plans and TIPs for each
than 60 days after funding is made available metropolitan area shall provide for the develop-
certification and approval.
pursuant to subsection (a); (h) AUTHORIZATION OF APPROPRIATIONS.— ment and integrated management and operation
(B) notify all applicants and Regions in writ- (1) IN GENERAL.—There is authorized to be ap- of transportation systems and facilities (includ-
ing of acceptance of applications; propriated $30,000,000 out of the general fund of ing accessible pedestrian walkways and bicycle
(C) rank all accepted applications in accord- the Treasury to carry out the program for each transportation facilities) that will function as
ance with the project scoring matrix, develop of fiscal years 2013 and 2014. an intermodal transportation system for the
the funding priority list, and return unaccepted (2) ADMINISTRATION.—The funds made avail- metropolitan planning area and as an integral
applications to the applicant with an expla- able under paragraph (1) shall be administered part of an intermodal transportation system for
nation of deficiencies; in the same manner as funds made available for the State and the United States.
(D) notify all accepted applicants of the the tribal transportation program under section ‘‘(3) PROCESS OF DEVELOPMENT.—The process
projects included on the funding priority list no 202 of title 23, United States Code, except that— for developing the plans and TIPs shall provide
later than 180 days after the application dead- (A) the funds made available for the program for consideration of all modes of transportation
line has passed pursuant to subparagraph (A); shall remain available until September 30 of the and shall be continuing, cooperative, and com-
and third fiscal year after the year appropriated; prehensive to the degree appropriate, based on
(E) distribute funds to successful applicants. and the complexity of the transportation problems to
(d) EMERGENCY OR DISASTER PROJECT APPLI- (B) the Federal share of the cost of a project be addressed.
CATIONS.— shall be 100 percent. ‘‘(d) DESIGNATION OF METROPOLITAN PLAN-
(1) IN GENERAL.—Notwithstanding subsection NING ORGANIZATIONS.—
Subtitle B—Performance Management
(c)(6), an eligible applicant may submit an emer- ‘‘(1) IN GENERAL.—To carry out the transpor-
SEC. 1201.METROPOLITAN TRANSPORTATION
gency or disaster project application at any time tation planning process required by this section,
PLANNING.
during the fiscal year. a metropolitan planning organization shall be
(2) CONSIDERATION AS PRIORITY.—The Sec- designated for each urbanized area with a pop-
United States Code, is amended to read as fol-
retary shall— ulation of more than 50,000 individuals—
(A) consider project applications submitted lows: ‘‘(A) by agreement between the Governor and
under paragraph (1) to be a priority; and ‘‘§ 134. Metropolitan transportation planning units of general purpose local government that
(B) fund the project applications in accord- ‘‘(a) POLICY.—It is in the national interest— together represent at least 75 percent of the af-
ance with paragraph (3). ‘‘(1) to encourage and promote the safe and fected population (including the largest incor-
(3) FUNDING.— efficient management, operation, and develop- porated city (based on population) as deter-
(A) IN GENERAL.—If an eligible applicant sub- ment of surface transportation systems that will mined by the Bureau of the Census); or
mits an application for a project under this sub- serve the mobility needs of people and freight ‘‘(B) in accordance with procedures estab-
section before the issuance of the list under sub- and foster economic growth and development lished by applicable State or local law.
section (c)(5) and the project is determined to be within and between States and urbanized areas, ‘‘(2) STRUCTURE.—Not later than 2 years after
eligible for program funds, the Secretary of the while minimizing transportation-related fuel the date of enactment of MAP-21, each metro-
Interior shall provide funding for the project be- consumption and air pollution through metropolitan planning organization that serves an
fore providing funding for other approved politan and statewide transportation planning area designated as a transportation manage-
projects on the list. processes identified in this chapter; and ment area shall consist of—
(B) SUBMISSION AFTER ISSUANCE OF LIST.—If ‘‘(2) to encourage the continued improvement ‘‘(A) local elected officials;
an eligible applicant submits an application and evolution of the metropolitan and statewide ‘‘(B) officials of public agencies that admin-
under this subsection after the issuance of the transportation planning processes by metropoli- ister or operate major modes of transportation in
list under subsection (c)(5) and the distribution tan planning organizations, State departments the metropolitan area, including representation
of program funds in accordance with the list, of transportation, and public transit operators by providers of public transportation; and
the Secretary of the Interior shall provide fund- as guided by the planning factors identified in ‘‘(C) appropriate State officials.
ing for the project on the date on which unobli- subsection (h) and section 135(d). ‘‘(3) LIMITATION ON STATUTORY CONSTRUC-
gated funds provided to projects on the list are ‘‘(b) DEFINITIONS.—In this section and section TION.—Nothing in this subsection shall be con-
returned to the Department of the Interior. 135, the following definitions apply: strued to interfere with the authority, under
any State law in effect on December 18, 1991, of ‘‘(C) may encompass the areas described in ‘‘(C) increase the security of the transpor-
a public agency with multimodal transportation paragraph (2)(B); and tation system for motorized and nonmotorized
responsibilities— ‘‘(D) may address any nonattainment area users;
‘‘(A) to develop the plans and TIPs for adop- identified under the Clean Air Act (42 U.S.C. ‘‘(D) increase the accessibility and mobility of
tion by a metropolitan planning organization; 7401 et seq.) for ozone or carbon monoxide. people and for freight;
and ‘‘(f) COORDINATION IN MULTISTATE AREAS.— ‘‘(E) protect and enhance the environment,
‘‘(B) to develop long-range capital plans, co- ‘‘(1) IN GENERAL.—The Secretary shall encour- promote energy conservation, improve the qual-
ordinate transit services and projects, and carry age each Governor with responsibility for a por- ity of life, and promote consistency between
out other activities pursuant to State law. tion of a multistate metropolitan area and the transportation improvements and State and
‘‘(4) CONTINUING DESIGNATION.—A designation appropriate metropolitan planning organiza- local planned growth and economic development
of a metropolitan planning organization under tions to provide coordinated transportation patterns;
this subsection or any other provision of law planning for the entire metropolitan area. ‘‘(F) enhance the integration and connectivity
shall remain in effect until the metropolitan ‘‘(2) INTERSTATE COMPACTS.—The consent of of the transportation system, across and be-
planning organization is redesignated under Congress is granted to any 2 or more States— tween modes, for people and freight;
paragraph (5). ‘‘(A) to enter into agreements or compacts, not ‘‘(G) promote efficient system management
‘‘(5) REDESIGNATION PROCEDURES.— in conflict with any law of the United States, and operation; and
‘‘(A) IN GENERAL.—A metropolitan planning ‘‘(H) emphasize the preservation of the exist-
for cooperative efforts and mutual assistance in
organization may be redesignated by agreement ing transportation system.
support of activities authorized under this sec-
between the Governor and units of general pur- ‘‘(2) PERFORMANCE-BASED APPROACH.—
tion as the activities pertain to interstate areas ‘‘(A) IN GENERAL.—The metropolitan transpor-
pose local government that together represent at and localities within the States; and
least 75 percent of the existing planning area tation planning process shall provide for the es-
‘‘(B) to establish such agencies, joint or other- tablishment and use of a performance-based ap-
population (including the largest incorporated wise, as the States may determine desirable for
city (based on population) as determined by the proach to transportation decisionmaking to sup-
making the agreements and compacts effective. port the national goals described in section
Bureau of the Census) as appropriate to carry ‘‘(3) RESERVATION OF RIGHTS.—The right to
out this section. 150(b) of this title and in section 5301(c) of title
alter, amend, or repeal interstate compacts en- 49.
‘‘(B) RESTRUCTURING.—A metropolitan plan- tered into under this subsection is expressly re-
ning organization may be restructured to meet ‘‘(B) PERFORMANCE TARGETS.—
served. ‘‘(i) SURFACE TRANSPORTATION PERFORMANCE
the requirements of paragraph (2) without un- ‘‘(g) MPO CONSULTATION IN PLAN AND TIP TARGETS.—
dertaking a redesignation. COORDINATION.— ‘‘(I) IN GENERAL.—Each metropolitan plan-
‘‘(6) DESIGNATION OF MORE THAN 1 METROPOLI- ‘‘(1) NONATTAINMENT AREAS.—If more than 1 ning organization shall establish performance
TAN PLANNING ORGANIZATION.—More than 1 met- metropolitan planning organization has author- targets that address the performance measures
ropolitan planning organization may be des- ity within a metropolitan area or an area which described in section 150(c), where applicable, to
ignated within an existing metropolitan plan- is designated as a nonattainment area for ozone use in tracking progress towards attainment of
ning area only if the Governor and the existing or carbon monoxide under the Clean Air Act (42 critical outcomes for the region of the metropoli-
metropolitan planning organization determine U.S.C. 7401 et seq.), each metropolitan planning tan planning organization.
that the size and complexity of the existing met- organization shall consult with the other metro- ‘‘(II) COORDINATION.—Selection of perform-
ropolitan planning area make designation of politan planning organizations designated for ance targets by a metropolitan planning organi-
more than 1 metropolitan planning organization such area and the State in the coordination of zation shall be coordinated with the relevant
for the area appropriate. plans and TIPs required by this section. State to ensure consistency, to the maximum ex-
‘‘(e) METROPOLITAN PLANNING AREA BOUND- ‘‘(2) TRANSPORTATION IMPROVEMENTS LOCATED tent practicable.
ARIES.— ‘‘(ii) PUBLIC TRANSPORTATION PERFORMANCE
IN MULTIPLE MPOS.—If a transportation im-
‘‘(1) IN GENERAL.—For the purposes of this TARGETS.—Selection of performance targets by a
provement, funded from the Highway Trust
section, the boundaries of a metropolitan plan- metropolitan planning organization shall be co-
Fund or authorized under chapter 53 of title 49,
ning area shall be determined by agreement be- ordinated, to the maximum extent practicable,
is located within the boundaries of more than 1
tween the metropolitan planning organization with providers of public transportation to en-
metropolitan planning area, the metropolitan
and the Governor. sure consistency with sections 5326(c) and
‘‘(2) INCLUDED AREA.—Each metropolitan planning organizations shall coordinate plans
and TIPs regarding the transportation improve- 5329(d) of title 49.
planning area— ‘‘(C) TIMING.—Each metropolitan planning or-
‘‘(A) shall encompass at least the existing ur- ment.
‘‘(3) RELATIONSHIP WITH OTHER PLANNING OF- ganization shall establish the performance tar-
banized area and the contiguous area expected gets under subparagraph (B) not later than 180
to become urbanized within a 20-year forecast FICIALS.—
‘‘(A) IN GENERAL.—The Secretary shall en- days after the date on which the relevant State
period for the transportation plan; and or provider of public transportation establishes
‘‘(B) may encompass the entire metropolitan courage each metropolitan planning organiza-
tion to consult with officials responsible for the performance targets.
statistical area or consolidated metropolitan sta- ‘‘(D) INTEGRATION OF OTHER PERFORMANCE-
tistical area, as defined by the Bureau of the other types of planning activities that are af-
BASED PLANS.—A metropolitan planning organi-
Census. fected by transportation in the area (including
zation shall integrate in the metropolitan trans-
‘‘(3) IDENTIFICATION OF NEW URBANIZED AREAS State and local planned growth, economic devel-
portation planning process, directly or by ref-
WITHIN EXISTING PLANNING AREA BOUNDARIES.— opment, environmental protection, airport oper-
erence, the goals, objectives, performance meas-
The designation by the Bureau of the Census of ations, and freight movements) or to coordinate
ures, and targets described in other State trans-
new urbanized areas within an existing metro- its planning process, to the maximum extent
portation plans and transportation processes, as
politan planning area shall not require the re- practicable, with such planning activities.
well as any plans developed under chapter 53 of
designation of the existing metropolitan plan- ‘‘(B) REQUIREMENTS.—Under the metropolitan
title 49 by providers of public transportation, re-
ning organization. planning process, transportation plans and
quired as part of a performance-based program.
‘‘(4) EXISTING METROPOLITAN PLANNING AREAS TIPs shall be developed with due consideration ‘‘(3) FAILURE TO CONSIDER FACTORS.—The
IN NONATTAINMENT.— of other related planning activities within the failure to consider any factor specified in para-
‘‘(A) IN GENERAL.—Notwithstanding para- metropolitan area, and the process shall provide graphs (1) and (2) shall not be reviewable by
graph (2), except as provided in subparagraph for the design and delivery of transportation any court under this title or chapter 53 of title
(B), in the case of an urbanized area designated services within the metropolitan area that are 49, subchapter II of chapter 5 of title 5, or chap-
as a nonattainment area for ozone or carbon provided by— ter 7 of title 5 in any matter affecting a trans-
monoxide under the Clean Air Act (42 U.S.C. ‘‘(i) recipients of assistance under chapter 53 portation plan, a TIP, a project or strategy, or
7401 et seq.) as of the date of enactment of the of title 49; the certification of a planning process.
SAFETEA-LU, the boundaries of the metropoli- ‘‘(ii) governmental agencies and nonprofit or- ‘‘(i) DEVELOPMENT OF TRANSPORTATION
tan planning area in existence as of such date ganizations (including representatives of the PLAN.—
of enactment shall be retained. agencies and organizations) that receive Federal ‘‘(1) REQUIREMENTS.—
‘‘(B) EXCEPTION.—The boundaries described assistance from a source other than the Depart- ‘‘(A) IN GENERAL.—Each metropolitan plan-
in subparagraph (A) may be adjusted by agreement of Transportation to provide non- ning organization shall prepare and update a
ment of the Governor and affected metropolitan emergency transportation services; and transportation plan for its metropolitan plan-
planning organizations in the manner described ‘‘(iii) recipients of assistance under section ning area in accordance with the requirements
in subsection (d)(5). 204. of this subsection.

‘‘(5) NEW METROPOLITAN PLANNING AREAS IN ‘‘(h) SCOPE OF PLANNING PROCESS.— ‘‘(B) FREQUENCY.—
NONATTAINMENT.—In the case of an urbanized ‘‘(1) IN GENERAL.—The metropolitan planning ‘‘(i) IN GENERAL.—The metropolitan planning
area designated after the date of enactment of process for a metropolitan planning area under organization shall prepare and update such
the SAFETEA-LU, as a nonattainment area for this section shall provide for consideration of plan every 4 years (or more frequently, if the
ozone or carbon monoxide, the boundaries of the projects and strategies that will— metropolitan planning organization elects to up-
metropolitan planning area— ‘‘(A) support the economic vitality of the met- date more frequently) in the case of each of the
‘‘(A) shall be established in the manner de- ropolitan area, especially by enabling global following:
scribed in subsection (d)(1); competitiveness, productivity, and efficiency; ‘‘(I) Any area designated as nonattainment,
‘‘(B) shall encompass the areas described in ‘‘(B) increase the safety of the transportation as defined in section 107(d) of the Clean Air Act
paragraph (2)(A); system for motorized and nonmotorized users; (42 U.S.C. 7407(d)).
‘‘(II) Any area that was nonattainment and ‘‘(F) OPERATIONAL AND MANAGEMENT STRATE- ‘‘(i) shall be developed in consultation with
subsequently designated to attainment in ac- GIES.—Operational and management strategies all interested parties; and
cordance with section 107(d)(3) of that Act (42 to improve the performance of existing transpor- ‘‘(ii) shall provide that all interested parties
U.S.C. 7407(d)(3)) and that is subject to a main- tation facilities to relieve vehicular congestion have reasonable opportunities to comment on
tenance plan under section 175A of that Act (42 and maximize the safety and mobility of people the contents of the transportation plan.
U.S.C. 7505a). and goods. ‘‘(C) METHODS.—In carrying out subpara-
‘‘(ii) OTHER AREAS.—In the case of any other ‘‘(G) CAPITAL INVESTMENT AND OTHER STRATE- graph (A), the metropolitan planning organiza-
area required to have a transportation plan in GIES.—Capital investment and other strategies tion shall, to the maximum extent practicable—
accordance with the requirements of this sub- to preserve the existing and projected future ‘‘(i) hold any public meetings at convenient
section, the metropolitan planning organization metropolitan transportation infrastructure and and accessible locations and times;
shall prepare and update such plan every 5 provide for multimodal capacity increases based ‘‘(ii) employ visualization techniques to de-
years unless the metropolitan planning organi- on regional priorities and needs. scribe plans; and
zation elects to update more frequently. ‘‘(H) TRANSPORTATION AND TRANSIT ENHANCE- ‘‘(iii) make public information available in
‘‘(2) TRANSPORTATION PLAN.—A transpor- MENT ACTIVITIES.—Proposed transportation and electronically accessible format and means, such
tation plan under this section shall be in a form transit enhancement activities. as the World Wide Web, as appropriate to afford
that the Secretary determines to be appropriate ‘‘(3) COORDINATION WITH CLEAN AIR ACT AGEN- reasonable opportunity for consideration of
and shall contain, at a minimum, the following: CIES.—In metropolitan areas that are in non- public information under subparagraph (A).
‘‘(A) IDENTIFICATION OF TRANSPORTATION FA- attainment for ozone or carbon monoxide under ‘‘(7) PUBLICATION.—A transportation plan in-
CILITIES.— the Clean Air Act (42 U.S.C. 7401 et seq.), the volving Federal participation shall be published
‘‘(i) IN GENERAL.—An identification of trans- metropolitan planning organization shall co- or otherwise made readily available by the met-
portation facilities (including major roadways, ordinate the development of a transportation ropolitan planning organization for public re-
transit, multimodal and intermodal facilities, plan with the process for development of the view, including (to the maximum extent prac-
nonmotorized transportation facilities, and transportation control measures of the State im- ticable) in electronically accessible formats and
intermodal connectors) that should function as plementation plan required by that Act. means, such as the World Wide Web, approved
an integrated metropolitan transportation sys- ‘‘(4) OPTIONAL SCENARIO DEVELOPMENT.— by the metropolitan planning organization and
tem, giving emphasis to those facilities that ‘‘(A) IN GENERAL.—A metropolitan planning submitted for information purposes to the Gov-
serve important national and regional transpor- organization may, while fitting the needs and ernor at such times and in such manner as the
tation functions. complexity of its community, voluntarily elect to Secretary shall establish.
‘‘(ii) FACTORS.—In formulating the transpor- develop multiple scenarios for consideration as ‘‘(8) SELECTION OF PROJECTS FROM ILLUS-
tation plan, the metropolitan planning organi- part of the development of the metropolitan TRATIVE LIST.—Notwithstanding paragraph
zation shall consider factors described in sub- transportation plan, in accordance with sub- (2)(C), a State or metropolitan planning organi-
section (h) as the factors relate to a 20-year paragraph (B). zation shall not be required to select any project
forecast period. ‘‘(B) RECOMMENDED COMPONENTS.—A metro- from the illustrative list of additional projects
‘‘(B) PERFORMANCE MEASURES AND TARGETS.— politan planning organization that chooses to included in the financial plan under paragraph
A description of the performance measures and develop multiple scenarios under subparagraph (2)(C).
performance targets used in assessing the per- (A) shall be encouraged to consider— ‘‘(j) METROPOLITAN TIP.—
formance of the transportation system in ac- ‘‘(i) potential regional investment strategies ‘‘(1) DEVELOPMENT.—
cordance with subsection (h)(2). for the planning horizon; ‘‘(A) IN GENERAL.—In cooperation with the
‘‘(C) SYSTEM PERFORMANCE REPORT.—A sys- ‘‘(ii) assumed distribution of population and State and any affected public transportation op-
tem performance report and subsequent updates employment; erator, the metropolitan planning organization
evaluating the condition and performance of the ‘‘(iii) a scenario that, to the maximum extent designated for a metropolitan area shall develop
transportation system with respect to the per- practicable, maintains baseline conditions for a TIP for the metropolitan planning area that—
formance targets described in subsection (h)(2), the performance measures identified in sub- ‘‘(i) contains projects consistent with the cur-
including— section (h)(2); rent metropolitan transportation plan;
‘‘(i) progress achieved by the metropolitan ‘‘(iv) a scenario that improves the baseline ‘‘(ii) reflects the investment priorities estab-
planning organization in meeting the perform- conditions for as many of the performance meas- lished in the current metropolitan transpor-
ance targets in comparison with system perform- ures identified in subsection (h)(2) as possible; tation plan; and
ance recorded in previous reports; and ‘‘(v) revenue constrained scenarios based on ‘‘(iii) once implemented, is designed to make
‘‘(ii) for metropolitan planning organizations the total revenues expected to be available over progress toward achieving the performance tar-
that voluntarily elect to develop multiple sce- the forecast period of the plan; and gets established under subsection (h)(2).
narios, an analysis of how the preferred sce- ‘‘(vi) estimated costs and potential revenues ‘‘(B) OPPORTUNITY FOR COMMENT.—In devel-
nario has improved the conditions and perform- available to support each scenario. oping the TIP, the metropolitan planning orga-
ance of the transportation system and how ‘‘(C) METRICS.—In addition to the perform- nization, in cooperation with the State and any
changes in local policies and investments have ance measures identified in section 150(c), met- affected public transportation operator, shall
impacted the costs necessary to achieve the ropolitan planning organizations may evaluate provide an opportunity for participation by in-
identified performance targets. scenarios developed under this paragraph using terested parties in the development of the pro-
‘‘(D) MITIGATION ACTIVITIES.— locally-developed measures. gram, in accordance with subsection (i)(5).
‘‘(i) IN GENERAL.—A long-range transpor- ‘‘(5) CONSULTATION.— ‘‘(C) FUNDING ESTIMATES.—For the purpose of
tation plan shall include a discussion of types of ‘‘(A) IN GENERAL.—In each metropolitan area, developing the TIP, the metropolitan planning
potential environmental mitigation activities the metropolitan planning organization shall organization, public transportation agency, and
and potential areas to carry out these activities, consult, as appropriate, with State and local State shall cooperatively develop estimates of
including activities that may have the greatest agencies responsible for land use management, funds that are reasonably expected to be avail-
potential to restore and maintain the environ- natural resources, environmental protection, able to support program implementation.
mental functions affected by the plan. conservation, and historic preservation con- ‘‘(D) UPDATING AND APPROVAL.—The TIP
‘‘(ii) CONSULTATION.—The discussion shall be cerning the development of a long-range trans- shall be—
developed in consultation with Federal, State, portation plan. ‘‘(i) updated at least once every 4 years; and
and tribal wildlife, land management, and regu- ‘‘(B) ISSUES.—The consultation shall involve, ‘‘(ii) approved by the metropolitan planning
latory agencies. as appropriate— organization and the Governor.
‘‘(E) FINANCIAL PLAN.— ‘‘(i) comparison of transportation plans with ‘‘(2) CONTENTS.—
‘‘(i) IN GENERAL.—A financial plan that— State conservation plans or maps, if available; ‘‘(A) PRIORITY LIST.—The TIP shall include a
‘‘(I) demonstrates how the adopted transpor- or priority list of proposed Federally supported
tation plan can be implemented; ‘‘(ii) comparison of transportation plans to in- projects and strategies to be carried out within
‘‘(II) indicates resources from public and pri- ventories of natural or historic resources, if each 4-year period after the initial adoption of
vate sources that are reasonably expected to be available. the TIP.
made available to carry out the plan; and ‘‘(6) PARTICIPATION BY INTERESTED PARTIES.— ‘‘(B) FINANCIAL PLAN.—The TIP shall include
‘‘(III) recommends any additional financing ‘‘(A) IN GENERAL.—Each metropolitan plan- a financial plan that—
strategies for needed projects and programs. ning organization shall provide citizens, af- ‘‘(i) demonstrates how the TIP can be imple-
‘‘(ii) INCLUSIONS.—The financial plan may in- fected public agencies, representatives of public mented;
clude, for illustrative purposes, additional transportation employees, freight shippers, pro- ‘‘(ii) indicates resources from public and pri-
projects that would be included in the adopted viders of freight transportation services, private vate sources that are reasonably expected to be
transportation plan if reasonable additional re- providers of transportation, representatives of available to carry out the program;
sources beyond those identified in the financial users of public transportation, representatives of ‘‘(iii) identifies innovative financing tech-
plan were available. users of pedestrian walkways and bicycle trans- niques to finance projects, programs, and strate-
‘‘(iii) COOPERATIVE DEVELOPMENT.—For the portation facilities, representatives of the dis- gies; and
purpose of developing the transportation plan, abled, and other interested parties with a rea- ‘‘(iv) may include, for illustrative purposes,
the metropolitan planning organization, transit sonable opportunity to comment on the trans- additional projects that would be included in
operator, and State shall cooperatively develop portation plan. the approved TIP if reasonable additional re-
estimates of funds that will be available to sup- ‘‘(B) CONTENTS OF PARTICIPATION PLAN.—A sources beyond those identified in the financial
port plan implementation. participation plan— plan were available.
‘‘(C) DESCRIPTIONS.—Each project in the TIP ‘‘(B) PUBLICATION OF ANNUAL LISTINGS OF politan planning organization and the Gov-
shall include sufficient descriptive material PROJECTS.— ernor.
(such as type of work, termini, length, and ‘‘(i) IN GENERAL.—An annual listing of ‘‘(C) EFFECT OF FAILURE TO CERTIFY.—
other similar factors) to identify the project or projects, including investments in pedestrian ‘‘(i) WITHHOLDING OF PROJECT FUNDS.—If a
phase of the project. walkways and bicycle transportation facilities, metropolitan planning process of a metropolitan
‘‘(D) PERFORMANCE TARGET ACHIEVEMENT.— for which Federal funds have been obligated in planning organization serving a transportation
The transportation improvement program shall the preceding year shall be published or other- management area is not certified, the Secretary
include, to the maximum extent practicable, a wise made available by the cooperative effort of may withhold up to 20 percent of the funds at-
description of the anticipated effect of the trans- the State, transit operator, and metropolitan tributable to the metropolitan planning area of
portation improvement program toward achiev- planning organization for public review. the metropolitan planning organization for
ing the performance targets established in the ‘‘(ii) REQUIREMENT.—The listing shall be con- projects funded under this title and chapter 53
metropolitan transportation plan, linking in- sistent with the categories identified in the TIP. of title 49.
vestment priorities to those performance targets. ‘‘(k) TRANSPORTATION MANAGEMENT AREAS.— ‘‘(ii) RESTORATION OF WITHHELD FUNDS.—The
‘‘(3) INCLUDED PROJECTS.— ‘‘(1) IDENTIFICATION AND DESIGNATION.— withheld funds shall be restored to the metro-
‘‘(A) PROJECTS UNDER THIS TITLE AND CHAPTER ‘‘(A) REQUIRED IDENTIFICATION.—The Sec- politan planning area at such time as the metro-
53 OF TITLE 49.—A TIP developed under this sub- retary shall identify as a transportation man- politan planning process is certified by the Sec-
section for a metropolitan area shall include the agement area each urbanized area (as defined retary.
projects within the area that are proposed for by the Bureau of the Census) with a population ‘‘(D) REVIEW OF CERTIFICATION.—In making
funding under chapter 1 of this title and chap- of over 200,000 individuals. certification determinations under this para-
ter 53 of title 49. ‘‘(B) DESIGNATIONS ON REQUEST.—The Sec- graph, the Secretary shall provide for public in-
‘‘(B) PROJECTS UNDER CHAPTER 2.— retary shall designate any additional area as a volvement appropriate to the metropolitan area
‘‘(i) REGIONALLY SIGNIFICANT PROJECTS.—Re- transportation management area on the request under review.
gionally significant projects proposed for fund- of the Governor and the metropolitan planning ‘‘(l) REPORT ON PERFORMANCE-BASED PLAN-
ing under chapter 2 shall be identified individ- organization designated for the area. NING PROCESSES.—
ually in the transportation improvement pro- ‘‘(2) TRANSPORTATION PLANS.—In a transpor- ‘‘(1) IN GENERAL.—The Secretary shall submit
gram. tation management area, transportation plans to Congress a report on the effectiveness of the
‘‘(ii) OTHER PROJECTS.—Projects proposed for shall be based on a continuing and comprehen- performance-based planning processes of metro-
funding under chapter 2 that are not deter- sive transportation planning process carried out politan planning organizations under this sec-
mined to be regionally significant shall be by the metropolitan planning organization in tion, taking into consideration the requirements
grouped in 1 line item or identified individually cooperation with the State and public transpor- of this subsection
in the transportation improvement program. tation operators. ‘‘(2) REPORT.—Not later than 5 years after the
‘‘(C) CONSISTENCY WITH LONG-RANGE TRANS- ‘‘(3) CONGESTION MANAGEMENT PROCESS.— date of enactment of the MAP–21, the Secretary
PORTATION PLAN.—Each project shall be con- ‘‘(A) IN GENERAL.—Within a metropolitan shall submit to Congress a report evaluating—
sistent with the long-range transportation plan planning area serving a transportation manage- ‘‘(A) the overall effectiveness of performance-
developed under subsection (i) for the area. ment area, the transportation planning process based planning as a tool for guiding transpor-
‘‘(D) REQUIREMENT OF ANTICIPATED FULL under this section shall address congestion man- tation investments;
FUNDING.—The program shall include a project, agement through a process that provides for ef- ‘‘(B) the effectiveness of the performance-
or an identified phase of a project, only if full fective management and operation, based on a based planning process of each metropolitan
funding can reasonably be anticipated to be cooperatively developed and implemented metro- planning organization under this section;
available for the project or the identified phase politan-wide strategy, of new and existing ‘‘(C) the extent to which metropolitan plan-
within the time period contemplated for comple- transportation facilities eligible for funding ning organizations have achieved, or are cur-
tion of the project or the identified phase. under this title and chapter 53 of title 49 rently making substantial progress toward
‘‘(4) NOTICE AND COMMENT.—Before approving through the use of travel demand reduction and achieving, the performance targets specified
a TIP, a metropolitan planning organization, in operational management strategies. under this section and whether metropolitan
cooperation with the State and any affected ‘‘(B) SCHEDULE.—The Secretary shall estab- planning organizations are developing meaning-
public transportation operator, shall provide an lish an appropriate phase-in schedule for com- ful performance targets; and
opportunity for participation by interested par- pliance with the requirements of this section but ‘‘(D) the technical capacity of metropolitan
ties in the development of the program, in ac- no sooner than 1 year after the identification of planning organizations that operate within a
cordance with subsection (i)(5). a transportation management area. metropolitan planning area of less than 200,000
‘‘(5) SELECTION OF PROJECTS.— ‘‘(4) SELECTION OF PROJECTS.— and their ability to carry out the requirements
‘‘(A) IN GENERAL.—Except as otherwise pro- ‘‘(A) IN GENERAL.—All Federally funded of this section.
vided in subsection (k)(4) and in addition to the projects carried out within the boundaries of a ‘‘(3) PUBLICATION.—The report under para-
TIP development required under paragraph (1), metropolitan planning area serving a transpor- graph (2) shall be published or otherwise made
the selection of Federally funded projects in tation management area under this title (exclud- available in electronically accessible formats
metropolitan areas shall be carried out, from the ing projects carried out on the National High- and means, including on the Internet.
approved TIP— way System) or under chapter 53 of title 49 shall ‘‘(m) ABBREVIATED PLANS FOR CERTAIN
‘‘(i) by— be selected for implementation from the ap- AREAS.—
‘‘(I) in the case of projects under this title, the proved TIP by the metropolitan planning orga- ‘‘(1) IN GENERAL.—Subject to paragraph (2), in
State; and nization designated for the area in consultation the case of a metropolitan area not designated
‘‘(II) in the case of projects under chapter 53 with the State and any affected public transpor- as a transportation management area under this
of title 49, the designated recipients of public tation operator. section, the Secretary may provide for the devel-
transportation funding; and ‘‘(B) NATIONAL HIGHWAY SYSTEM PROJECTS.— opment of an abbreviated transportation plan
‘‘(ii) in cooperation with the metropolitan Projects carried out within the boundaries of a and TIP for the metropolitan planning area
planning organization. metropolitan planning area serving a transpor- that the Secretary determines is appropriate to
‘‘(B) MODIFICATIONS TO PROJECT PRIORITY.— tation management area on the National High- achieve the purposes of this section, taking into
Notwithstanding any other provision of law, ac- way System shall be selected for implementation account the complexity of transportation prob-
tion by the Secretary shall not be required to from the approved TIP by the State in coopera- lems in the area.
advance a project included in the approved TIP tion with the metropolitan planning organiza- ‘‘(2) NONATTAINMENT AREAS.—The Secretary
in place of another project in the program. tion designated for the area. may not permit abbreviated plans or TIPs for a
‘‘(6) SELECTION OF PROJECTS FROM ILLUS- ‘‘(5) CERTIFICATION.— metropolitan area that is in nonattainment for
TRATIVE LIST.— ‘‘(A) IN GENERAL.—The Secretary shall— ozone or carbon monoxide under the Clean Air
‘‘(A) NO REQUIRED SELECTION.—Notwith- ‘‘(i) ensure that the metropolitan planning Act (42 U.S.C. 7401 et seq.).
standing paragraph (2)(B)(iv), a State or metro- process of a metropolitan planning organization ‘‘(n) ADDITIONAL REQUIREMENTS FOR CERTAIN
politan planning organization shall not be reserving a transportation management area is NONATTAINMENT AREAS.—
quired to select any project from the illustrative being carried out in accordance with applicable ‘‘(1) IN GENERAL.—Notwithstanding any other
list of additional projects included in the finan- provisions of Federal law; and provisions of this title or chapter 53 of title, for
cial plan under paragraph (2)(B)(iv). ‘‘(ii) subject to subparagraph (B), certify, not transportation management areas classified as
‘‘(B) REQUIRED ACTION BY THE SECRETARY.— less often than once every 4 years, that the re- nonattainment for ozone or carbon monoxide
Action by the Secretary shall be required for a quirements of this paragraph are met with re- pursuant to the Clean Air Act (42 U.S.C. 7401 et
State or metropolitan planning organization to spect to the metropolitan planning process. seq.), Federal funds may not be advanced in
select any project from the illustrative list of ad- ‘‘(B) REQUIREMENTS FOR CERTIFICATION.—The such area for any highway project that will re-
ditional projects included in the financial plan Secretary may make the certification under sub- sult in a significant increase in the carrying ca-
under paragraph (2)(B)(iv) for inclusion in an paragraph (A) if— pacity for single-occupant vehicles unless the
approved TIP. ‘‘(i) the transportation planning process com- project is addressed through a congestion man-
‘‘(7) PUBLICATION.— plies with the requirements of this section and agement process.
‘‘(A) PUBLICATION OF TIPS.—A TIP involving other applicable requirements of Federal law; ‘‘(2) APPLICABILITY.—This subsection applies
Federal participation shall be published or oth- and to a nonattainment area within the metropoli-
erwise made readily available by the metropoli- ‘‘(ii) there is a TIP for the metropolitan plan- tan planning area boundaries determined under
tan planning organization for public review. ning area that has been approved by the metro- subsection (e).
‘‘(o) LIMITATION ON STATUTORY CONSTRUC- flict with any law of the United States, for co- programs, and investment priorities reflected in
TION.—Nothing in this section shall be con- operative efforts and mutual assistance in sup- the statewide transportation plan and statewide
strued to confer on a metropolitan planning or- port of activities authorized under this section transportation improvement program.
ganization the authority to impose legal require- related to interstate areas and localities in the ‘‘(3) FAILURE TO CONSIDER FACTORS.—The
ments on any transportation facility, provider, States and establishing authorities the States failure to take into consideration the factors
or project not eligible under this title or chapter consider desirable for making the agreements specified in paragraphs (1) and (2) shall not be
53 of title 49. and compacts effective. subject to review by any court under this title,
‘‘(p) FUNDING.—Funds set aside under section ‘‘(2) RESERVATION OF RIGHTS.—The right to chapter 53 of title 49, subchapter II of chapter 5
104(f) of this title or section 5305(g) of title 49 alter, amend, or repeal interstate compacts en- of title 5, or chapter 7 of title 5 in any matter af-
shall be available to carry out this section. tered into under this subsection is expressly re- fecting a statewide transportation plan, a state-
‘‘(q) CONTINUATION OF CURRENT REVIEW served. wide transportation improvement program, a
PRACTICE.—Since plans and TIPs described in ‘‘(d) SCOPE OF PLANNING PROCESS.— project or strategy, or the certification of a
this section are subject to a reasonable oppor- ‘‘(1) IN GENERAL.—Each State shall carry out planning process.
tunity for public comment, since individual a statewide transportation planning process ‘‘(e) ADDITIONAL REQUIREMENTS.—In carrying
projects included in plans and TIPs are subject that provides for consideration and implementa- out planning under this section, each State
to review under the National Environmental tion of projects, strategies, and services that shall, at a minimum—
Policy Act of 1969 (42 U.S.C. 4321 et seq.), and will— ‘‘(1) with respect to nonmetropolitan areas,
since decisions by the Secretary concerning ‘‘(A) support the economic vitality of the cooperate with affected local officials with re-
plans and TIPs described in this section have United States, the States, nonmetropolitan sponsibility for transportation or, if applicable,
not been reviewed under that Act as of January areas, and metropolitan areas, especially by en- through regional transportation planning orga-
1, 1997, any decision by the Secretary con- abling global competitiveness, productivity, and nizations described in subsection (m);
cerning a plan or TIP described in this section efficiency; ‘‘(2) consider the concerns of Indian tribal
shall not be considered to be a Federal action ‘‘(B) increase the safety of the transportation governments and Federal land management
subject to review under that Act.’’. system for motorized and nonmotorized users; agencies that have jurisdiction over land within
(b) STUDY ON METROPOLITAN PLANNING SCE- ‘‘(C) increase the security of the transpor- the boundaries of the State; and
NARIO DEVELOPMENT.— tation system for motorized and nonmotorized ‘‘(3) consider coordination of transportation
(1) IN GENERAL.—The Secretary shall evaluate users; plans, the transportation improvement program,
the costs and benefits associated with metropoli- ‘‘(D) increase the accessibility and mobility of and planning activities with related planning
tan planning organizations developing multiple people and freight; activities being carried out outside of metropoli-
scenarios for consideration as a part of the de- ‘‘(E) protect and enhance the environment, tan planning areas and between States.
velopment of their metropolitan transportation promote energy conservation, improve the qual- ‘‘(f) LONG-RANGE STATEWIDE TRANSPORTATION
plan. ity of life, and promote consistency between PLAN.—
(2) INCLUSIONS.—The evaluation shall include transportation improvements and State and ‘‘(1) DEVELOPMENT.—Each State shall develop
an analysis of the technical and financial ca- local planned growth and economic development a long-range statewide transportation plan,
pacity of the metropolitan planning organiza- patterns; with a minimum 20-year forecast period for all
tion needed to develop scenarios described in ‘‘(F) enhance the integration and connectivity areas of the State, that provides for the develop-
paragraph (1). of the transportation system, across and be- ment and implementation of the intermodal
SEC. 1202. STATEWIDE AND NONMETROPOLITAN tween modes throughout the State, for people transportation system of the State.
TRANSPORTATION PLANNING. and freight; ‘‘(2) CONSULTATION WITH GOVERNMENTS.—
(a) IN GENERAL.—Section 135 of title 23, ‘‘(G) promote efficient system management ‘‘(A) METROPOLITAN AREAS.—The statewide
United States Code, is amended to read as fol- and operation; and transportation plan shall be developed for each
lows: ‘‘(H) emphasize the preservation of the exist- metropolitan area in the State in cooperation
ing transportation system. with the metropolitan planning organization
‘‘§ 135. Statewide and nonmetropolitan trans- ‘‘(2) PERFORMANCE-BASED APPROACH.— designated for the metropolitan area under sec-
portation planning ‘‘(A) IN GENERAL.—The statewide transpor- tion 134.
‘‘(a) GENERAL REQUIREMENTS.— tation planning process shall provide for the es- ‘‘(B) NONMETROPOLITAN AREAS.—
‘‘(1) DEVELOPMENT OF PLANS AND PRO- tablishment and use of a performance-based ap- ‘‘(i) IN GENERAL.—With respect to nonmetro-
GRAMS.—Subject to section 134, to accomplish proach to transportation decisionmaking to sup- politan areas, the statewide transportation plan
the objectives stated in section 134(a), each State port the national goals described in section shall be developed in cooperation with affected
shall develop a statewide transportation plan 150(b) of this title and in section 5301(c) of title nonmetropolitan officials with responsibility for
and a statewide transportation improvement 49. transportation or, if applicable, through re-
program for all areas of the State. ‘‘(B) PERFORMANCE TARGETS.— gional transportation planning organizations
‘‘(2) CONTENTS.—The statewide transportation ‘‘(i) SURFACE TRANSPORTATION PERFORMANCE described in subsection (m).
plan and the transportation improvement pro- TARGETS.— ‘‘(ii) ROLE OF SECRETARY.—The Secretary
gram developed for each State shall provide for ‘‘(I) IN GENERAL.—Each State shall establish shall not review or approve the consultation
the development and integrated management performance targets that address the perform- process in each State.
and operation of transportation systems and fa- ance measures described in section 150(c), where ‘‘(C) INDIAN TRIBAL AREAS.—With respect to
cilities (including accessible pedestrian walk- applicable, to use in tracking progress towards each area of the State under the jurisdiction of
ways and bicycle transportation facilities) that attainment of critical outcomes for the State. an Indian tribal government, the statewide
will function as an intermodal transportation ‘‘(II) COORDINATION.—Selection of perform- transportation plan shall be developed in con-
system for the State and an integral part of an ance targets by a State shall be coordinated sultation with the tribal government and the
intermodal transportation system for the United with the relevant metropolitan planning organi- Secretary of the Interior.
States. zations to ensure consistency, to the maximum ‘‘(D) CONSULTATION, COMPARISON, AND CON-
‘‘(3) PROCESS OF DEVELOPMENT.—The process extent practicable. SIDERATION.—
for developing the statewide plan and the trans- ‘‘(ii) PUBLIC TRANSPORTATION PERFORMANCE ‘‘(i) IN GENERAL.—The long-range transpor-
portation improvement program shall provide TARGETS.—In urbanized areas not represented tation plan shall be developed, as appropriate,
for consideration of all modes of transportation by a metropolitan planning organization, selec- in consultation with State, tribal, and local
and the policies stated in section 134(a) and tion of performance targets by a State shall be agencies responsible for land use management,
shall be continuing, cooperative, and com- coordinated, to the maximum extent practicable, natural resources, environmental protection,
prehensive to the degree appropriate, based on with providers of public transportation to en- conservation, and historic preservation.
the complexity of the transportation problems to sure consistency with sections 5326(c) and ‘‘(ii) COMPARISON AND CONSIDERATION.—Con-
be addressed. 5329(d) of title 49. sultation under clause (i) shall involve compari-
‘‘(b) COORDINATION WITH METROPOLITAN ‘‘(C) INTEGRATION OF OTHER PERFORMANCE- son of transportation plans to State and tribal
PLANNING; STATE IMPLEMENTATION PLAN.—A BASED PLANS.—A State shall integrate into the conservation plans or maps, if available, and
State shall— statewide transportation planning process, di- comparison of transportation plans to inven-
‘‘(1) coordinate planning carried out under rectly or by reference, the goals, objectives, per- tories of natural or historic resources, if avail-
this section with the transportation planning formance measures, and targets described in this able.
activities carried out under section 134 for met- paragraph, in other State transportation plans ‘‘(3) PARTICIPATION BY INTERESTED PARTIES.—
ropolitan areas of the State and with statewide and transportation processes, as well as any ‘‘(A) IN GENERAL.—In developing the state-
trade and economic development planning ac- plans developed pursuant to chapter 53 of title wide transportation plan, the State shall pro-
tivities and related multistate planning efforts; 49 by providers of public transportation in ur- vide to—
and banized areas not represented by a metropolitan ‘‘(i) nonmetropolitan local elected officials or,
‘‘(2) develop the transportation portion of the planning organization required as part of a per- if applicable, through regional transportation
State implementation plan as required by the formance-based program. planning organizations described in subsection
Clean Air Act (42 U.S.C. 7401 et seq.). ‘‘(D) USE OF PERFORMANCE MEASURES AND (m), an opportunity to participate in accordance
‘‘(c) INTERSTATE AGREEMENTS.— TARGETS.—The performance measures and tar- with subparagraph (B)(i); and
‘‘(1) IN GENERAL.—Two or more States may gets established under this paragraph shall be ‘‘(ii) citizens, affected public agencies, rep-
enter into agreements or compacts, not in con- considered by a State when developing policies, resentatives of public transportation employees,
freight shippers, private providers of transpor- ‘‘(B) DURATION AND UPDATING OF PROGRAM.— under the Clean Air Act (42 U.S.C. 7401 et seq.),
tation, representatives of users of public trans- Each program developed under subparagraph if the project is carried out in an area des-
portation, representatives of users of pedestrian (A) shall cover a period of 4 years and shall be ignated as a nonattainment area for ozone, par-
walkways and bicycle transportation facilities, updated every 4 years or more frequently if the ticulate matter, or carbon monoxide under part
representatives of the disabled, providers of Governor of the State elects to update more fre- D of title I of that Act (42 U.S.C. 7501 et seq.).
freight transportation services, and other inter- quently. ‘‘(E) REQUIREMENT OF ANTICIPATED FULL
ested parties a reasonable opportunity to com- ‘‘(2) CONSULTATION WITH GOVERNMENTS.— FUNDING.—The transportation improvement pro-
ment on the proposed plan. ‘‘(A) METROPOLITAN AREAS.—With respect to gram shall include a project, or an identified
‘‘(B) METHODS.—In carrying out subpara- each metropolitan area in the State, the pro- phase of a project, only if full funding can rea-
graph (A), the State shall, to the maximum ex- gram shall be developed in cooperation with the sonably be anticipated to be available for the
tent practicable— metropolitan planning organization designated project within the time period contemplated for
‘‘(i) develop and document a consultative for the metropolitan area under section 134. completion of the project.
process to carry out subparagraph (A)(i) that is ‘‘(B) NONMETROPOLITAN AREAS.— ‘‘(F) FINANCIAL PLAN.—
separate and discrete from the public involve- ‘‘(i) IN GENERAL.—With respect to each non- ‘‘(i) IN GENERAL.—The transportation im-
ment process developed under clause (ii); metropolitan area in the State, the program provement program may include a financial
‘‘(ii) hold any public meetings at convenient shall be developed in consultation with affected plan that demonstrates how the approved trans-
and accessible locations and times; nonmetropolitan local officials with responsi- portation improvement program can be imple-
‘‘(iii) employ visualization techniques to de- bility for transportation or, if applicable, mented, indicates resources from public and pri-
scribe plans; and through regional transportation planning orga- vate sources that are reasonably expected to be
‘‘(iv) make public information available in made available to carry out the transportation
nizations described in subsection (m).
electronically accessible format and means, such improvement program, and recommends any ad-
‘‘(ii) ROLE OF SECRETARY.—The Secretary
as the World Wide Web, as appropriate to afford ditional financing strategies for needed projects
shall not review or approve the specific con-
reasonable opportunity for consideration of and programs.
sultation process in the State.
public information under subparagraph (A). ‘‘(ii) ADDITIONAL PROJECTS.—The financial
‘‘(4) MITIGATION ACTIVITIES.— ‘‘(C) INDIAN TRIBAL AREAS.—With respect to
each area of the State under the jurisdiction of plan may include, for illustrative purposes, ad-
‘‘(A) IN GENERAL.—A long-range transpor- ditional projects that would be included in the
tation plan shall include a discussion of poten- an Indian tribal government, the program shall
adopted transportation plan if reasonable addi-
tial environmental mitigation activities and po- be developed in consultation with the tribal gov-
tional resources beyond those identified in the
tential areas to carry out these activities, in- ernment and the Secretary of the Interior.
financial plan were available.
cluding activities that may have the greatest po- ‘‘(3) PARTICIPATION BY INTERESTED PARTIES.—
‘‘(G) SELECTION OF PROJECTS FROM ILLUS-
tential to restore and maintain the environ- In developing the program, the State shall pro-
TRATIVE LIST.—
mental functions affected by the plan. vide citizens, affected public agencies, represent- ‘‘(i) NO REQUIRED SELECTION.—Notwith-
‘‘(B) CONSULTATION.—The discussion shall be atives of public transportation employees, standing subparagraph (F), a State shall not be
developed in consultation with Federal, State, freight shippers, private providers of transpor- required to select any project from the illus-
and tribal wildlife, land management, and regu- tation, providers of freight transportation serv- trative list of additional projects included in the
latory agencies. ices, representatives of users of public transpor- financial plan under subparagraph (F).
‘‘(5) FINANCIAL PLAN.—The statewide trans- tation, representatives of users of pedestrian ‘‘(ii) REQUIRED ACTION BY THE SECRETARY.—
portation plan may include— walkways and bicycle transportation facilities, Action by the Secretary shall be required for a
‘‘(A) a financial plan that— representatives of the disabled, and other inter- State to select any project from the illustrative
‘‘(i) demonstrates how the adopted statewide ested parties with a reasonable opportunity to list of additional projects included in the finan-
transportation plan can be implemented; comment on the proposed program. cial plan under subparagraph (F) for inclusion
‘‘(ii) indicates resources from public and pri- ‘‘(4) PERFORMANCE TARGET ACHIEVEMENT.—A in an approved transportation improvement pro-
vate sources that are reasonably expected to be statewide transportation improvement program gram.
made available to carry out the plan; and shall include, to the maximum extent prac- ‘‘(H) PRIORITIES.—The transportation im-
‘‘(iii) recommends any additional financing ticable, a discussion of the anticipated effect of provement program shall reflect the priorities for
strategies for needed projects and programs; and the statewide transportation improvement pro-
‘‘(B) for illustrative purposes, additional programming and expenditures of funds, includ-
gram toward achieving the performance targets ing transportation enhancement activities, re-
projects that would be included in the adopted
established in the statewide transportation plan, quired by this title and chapter 53 of title 49.
statewide transportation plan if reasonable ad-
linking investment priorities to those perform- ‘‘(6) PROJECT SELECTION FOR AREAS OF LESS
ditional resources beyond those identified in the
ance targets. THAN 50,000 POPULATION.—
financial plan were available.
‘‘(6) SELECTION OF PROJECTS FROM ILLUS- ‘‘(5) INCLUDED PROJECTS.— ‘‘(A) IN GENERAL.—Projects carried out in
TRATIVE LIST.—A State shall not be required to
‘‘(A) IN GENERAL.—A transportation improve- areas with populations of less than 50,000 indi-
select any project from the illustrative list of ad- ment program developed under this subsection viduals shall be selected, from the approved
ditional projects included in the financial plan for a State shall include Federally supported transportation improvement program (excluding
described in paragraph (5). surface transportation expenditures within the projects carried out on the National Highway
‘‘(7) PERFORMANCE-BASED APPROACH.—The boundaries of the State. System and projects carried out under the bridge
statewide transportation plan should include— ‘‘(B) LISTING OF PROJECTS.— program or the Interstate maintenance program
‘‘(A) a description of the performance meas- ‘‘(i) IN GENERAL.—An annual listing of under this title or under sections 5310 and 5311
ures and performance targets used in assessing projects for which funds have been obligated for of title 49), by the State in cooperation with the
the performance of the transportation system in the preceding year in each metropolitan plan- affected nonmetropolitan local officials with re-
accordance with subsection (d)(2); and ning area shall be published or otherwise made sponsibility for transportation or, if applicable,
‘‘(B) a system performance report and subse- available by the cooperative effort of the State, through regional transportation planning orga-
quent updates evaluating the condition and per- transit operator, and the metropolitan planning nizations described in subsection (m).
formance of the transportation system with reorganization for public review. ‘‘(B) OTHER PROJECTS.—Projects carried out
spect to the performance targets described in ‘‘(ii) FUNDING CATEGORIES.—The listing de- in areas with populations of less than 50,000 in-
subsection (d)(2), including progress achieved by scribed in clause (i) shall be consistent with the dividuals on the National Highway System or
the metropolitan planning organization in meet- funding categories identified in each metropoli- under the bridge program or the Interstate
ing the performance targets in comparison with tan transportation improvement program. maintenance program under this title or under
system performance recorded in previous re- ‘‘(C) PROJECTS UNDER CHAPTER 2.— sections 5310, 5311, 5316, and 5317 of title 49
ports; ‘‘(i) REGIONALLY SIGNIFICANT PROJECTS.—Re- shall be selected, from the approved statewide
‘‘(8) EXISTING SYSTEM.—The statewide trans- gionally significant projects proposed for fund- transportation improvement program, by the
portation plan should include capital, oper- ing under chapter 2 shall be identified individ- State in consultation with the affected non-
ations and management strategies, investments, ually in the transportation improvement pro- metropolitan local officials with responsibility
procedures, and other measures to ensure the gram. for transportation.
preservation and most efficient use of the exist- ‘‘(ii) OTHER PROJECTS.—Projects proposed for ‘‘(7) TRANSPORTATION IMPROVEMENT PROGRAM
ing transportation system. funding under chapter 2 that are not deter- APPROVAL.—Every 4 years, a transportation im-
‘‘(9) PUBLICATION OF LONG-RANGE TRANSPOR- mined to be regionally significant shall be provement program developed under this sub-
TATION PLANS.—Each long-range transportation grouped in 1 line item or identified individually section shall be reviewed and approved by the
plan prepared by a State shall be published or in the transportation improvement program. Secretary if based on a current planning find-
otherwise made available, including (to the ‘‘(D) CONSISTENCY WITH STATEWIDE TRANSPOR- ing.
maximum extent practicable) in electronically TATION PLAN.—Each project shall be— ‘‘(8) PLANNING FINDING.—A finding shall be
accessible formats and means, such as the World ‘‘(i) consistent with the statewide transpor- made by the Secretary at least every 4 years
Wide Web. tation plan developed under this section for the that the transportation planning process
‘‘(g) STATEWIDE TRANSPORTATION IMPROVE- State; through which statewide transportation plans
MENT PROGRAM.— ‘‘(ii) identical to the project or phase of the and programs are developed is consistent with
‘‘(1) DEVELOPMENT.— project as described in an approved metropolitan this section and section 134.
‘‘(A) IN GENERAL.—Each State shall develop a transportation plan; and ‘‘(9) MODIFICATIONS TO PROJECT PRIORITY.—
statewide transportation improvement program ‘‘(iii) in conformance with the applicable Notwithstanding any other provision of law, ac-
for all areas of the State. State air quality implementation plan developed tion by the Secretary shall not be required to
advance a project included in the approved not later than 2 years after the date of issuance highway program and provide a means to the
transportation improvement program in place of of guidance by the Secretary under this sub- most efficient investment of Federal transpor-
another project in the program. section. tation funds by refocusing on national trans-
‘‘(h) PERFORMANCE-BASED PLANNING PROC- ‘‘(m) DESIGNATION OF REGIONAL TRANSPOR- portation goals, increasing the accountability
ESSES EVALUATION.— TATION PLANNING ORGANIZATIONS.— and transparency of the Federal-aid highway
‘‘(1) IN GENERAL.—The Secretary shall estab- ‘‘(1) IN GENERAL.—To carry out the transpor- program, and improving project decisionmaking
lish criteria to evaluate the effectiveness of the tation planning process required by this section, through performance-based planning and pro-
performance-based planning processes of States, a State may establish and designate regional gramming.
taking into consideration the following: transportation planning organizations to en- ‘‘(b) NATIONAL GOALS.—It is in the interest of
‘‘(A) The extent to which the State is making hance the planning, coordination, and imple- the United States to focus the Federal-aid high-
progress toward achieving, the performance tar- mentation of statewide strategic long-range way program on the following national goals:
gets described in subsection (d)(2), taking into transportation plans and transportation im- ‘‘(1) SAFETY.—To achieve a significant reduc-
account whether the State developed appro- provement programs, with an emphasis on ad- tion in traffic fatalities and serious injuries on
priate performance targets. dressing the needs of nonmetropolitan areas of all public roads.
‘‘(B) The extent to which the State has made the State. ‘‘(2) INFRASTRUCTURE CONDITION.—To main-
transportation investments that are efficient ‘‘(2) STRUCTURE.—A regional transportation tain the highway infrastructure asset system in
and cost-effective. planning organization shall be established as a a state of good repair.
‘‘(C) The extent to which the State— multijurisdictional organization of nonmetro- ‘‘(3) CONGESTION REDUCTION.—To achieve a
‘‘(i) has developed an investment process that politan local officials or their designees who vol- significant reduction in congestion on the Na-
relies on public input and awareness to ensure unteer for such organization and representa- tional Highway System.
that investments are transparent and account- tives of local transportation systems who volun- ‘‘(4) SYSTEM RELIABILITY.—To improve the ef-
able; and teer for such organization. ficiency of the surface transportation system.
‘‘(ii) provides reports allowing the public to ‘‘(3) REQUIREMENTS.—A regional transpor- ‘‘(5) FREIGHT MOVEMENT AND ECONOMIC VI-
access the information being collected in a for- tation planning organization shall establish, at TALITY.—To improve the national freight net-
mat that allows the public to meaningfully as- a minimum— work, strengthen the ability of rural commu-
sess the performance of the State. ‘‘(A) a policy committee, the majority of which nities to access national and international trade
‘‘(2) REPORT.— shall consist of nonmetropolitan local officials, markets, and support regional economic devel-
‘‘(A) IN GENERAL.—Not later than 5 years or their designees, and, as appropriate, addi- opment.
after the date of enactment of the MAP–21, the tional representatives from the State, private ‘‘(6) ENVIRONMENTAL SUSTAINABILITY.—To en-
Secretary shall submit to Congress a report eval- business, transportation service providers, eco- hance the performance of the transportation
uating— nomic development practitioners, and the public system while protecting and enhancing the nat-
‘‘(i) the overall effectiveness of performance- in the region; and ural environment.
based planning as a tool for guiding transpor- ‘‘(B) a fiscal and administrative agent, such ‘‘(7) REDUCED PROJECT DELIVERY DELAYS.—To
tation investments; and as an existing regional planning and develop- reduce project costs, promote jobs and the econ-
‘‘(ii) the effectiveness of the performance- ment organization, to provide professional plan- omy, and expedite the movement of people and
based planning process of each State. ning, management, and administrative support. goods by accelerating project completion
‘‘(B) PUBLICATION.—The report under sub- ‘‘(4) DUTIES.—The duties of a regional trans- through eliminating delays in the project devel-
paragraph (A) shall be published or otherwise portation planning organization shall include— opment and delivery process, including reducing
made available in electronically accessible for- ‘‘(A) developing and maintaining, in coopera- regulatory burdens and improving agencies’
mats and means, including on the Internet. tion with the State, regional long-range work practices.
‘‘(i) FUNDING.—Funds apportioned under sec- multimodal transportation plans; ‘‘(c) ESTABLISHMENT OF PERFORMANCE MEAS-
tion 104(b)(5) of this title and set aside under ‘‘(B) developing a regional transportation im- URES.—
section 5305(g) of title 49 shall be available to provement program for consideration by the ‘‘(1) IN GENERAL.—Not later than 18 months
carry out this section. State; after the date of enactment of the MAP–21, the
‘‘(j) TREATMENT OF CERTAIN STATE LAWS AS ‘‘(C) fostering the coordination of local plan- Secretary, in consultation with State depart-
CONGESTION MANAGEMENT PROCESSES.—For ning, land use, and economic development plans ments of transportation, metropolitan planning
purposes of this section and section 134, and with State, regional, and local transportation organizations, and other stakeholders, shall
sections 5303 and 5304 of title 49, State laws, plans and programs; promulgate a rulemaking that establishes per-
rules, or regulations pertaining to congestion ‘‘(D) providing technical assistance to local formance measures and standards.
management systems or programs may constitute officials; ‘‘(2) ADMINISTRATION.—In carrying out para-
the congestion management process under this ‘‘(E) participating in national, multistate, and graph (1), the Secretary shall—
section and section 134, and sections 5303 and State policy and planning development proc- ‘‘(A) provide States, metropolitan planning or-
5304 of title 49, if the Secretary finds that the esses to ensure the regional and local input of ganizations, and other stakeholders not less
State laws, rules, or regulations are consistent nonmetropolitan areas; than 90 days to comment on any regulation pro-
with, and fulfill the intent of, the purposes of ‘‘(F) providing a forum for public participa- posed by the Secretary under that paragraph;
this section and section 134 and sections 5303 tion in the statewide and regional transpor- ‘‘(B) take into consideration any comments re-
and 5304 of title 49, as appropriate. tation planning processes; lating to a proposed regulation received during
‘‘(k) CONTINUATION OF CURRENT REVIEW ‘‘(G) considering and sharing plans and pro- that comment period; and
PRACTICE.—Since the statewide transportation grams with neighboring regional transportation ‘‘(C) limit performance measures only to those
plan and the transportation improvement pro- planning organizations, metropolitan planning described in this subsection.
gram described in this section are subject to a organizations, and, where appropriate, tribal ‘‘(3) NATIONAL HIGHWAY PERFORMANCE PRO-
reasonable opportunity for public comment, organizations; and GRAM.—
since individual projects included in the state- ‘‘(H) conducting other duties, as necessary, to ‘‘(A) IN GENERAL.—Subject to subparagraph
wide transportation plans and the transpor- support and enhance the statewide planning (B), for the purpose of carrying out section 119,
tation improvement program are subject to re- process under subsection (d). the Secretary shall establish —
view under the National Environmental Policy ‘‘(5) STATES WITHOUT REGIONAL TRANSPOR- ‘‘(i) minimum standards for States to use in
Act of 1969 (42 U.S.C. 4321 et seq.), and since de- TATION PLANNING ORGANIZATIONS.—If a State developing and operating bridge and pavement
cisions by the Secretary concerning statewide chooses not to establish or designate a regional management systems;
transportation plans or the transportation im- transportation planning organization, the State ‘‘(ii) measures for States to use to assess—
provement program described in this section shall consult with affected nonmetropolitan ‘‘(I) the condition of pavements on the Inter-
have not been reviewed under that Act as of local officials to determine projects that may be state system;
January 1, 1997, any decision by the Secretary of regional significance.’’. ‘‘(II) the condition of pavements on the Na-
concerning a metropolitan or statewide trans- (b) CONFORMING AMENDMENT.—The analysis tional Highway System (excluding the Inter-
portation plan or the transportation improve- for chapter 1 of title 23, United States Code, is state);
ment program described in this section shall not amended by striking the item relating to section ‘‘(III) the condition of bridges on the National
be considered to be a Federal action subject to 135 and inserting the following: Highway System;
review under the National Environmental Policy ‘‘135. Statewide and nonmetropolitan transpor- ‘‘(IV) the performance of the Interstate Sys-
Act of 1969 (42 U.S.C. 4321 et seq.). tation planning.’’. tem; and
‘‘(l) SCHEDULE FOR IMPLEMENTATION.—The ‘‘(V) the performance of the National High-
SEC. 1203. NATIONAL GOALS AND PERFORMANCE
Secretary shall issue guidance on a schedule for way System (excluding the Interstate System);
MANAGEMENT MEASURES.
implementation of the changes made by this sec- ‘‘(iii) minimum levels for the condition of
tion, taking into consideration the established pavement on the Interstate System, only for the
United States Code, is amended to read as fol-
planning update cycle for States. The Secretary purposes of carrying out section 119(f)(1); and
lows:
shall not require a State to deviate from its es- ‘‘(iv) the data elements that are necessary to
tablished planning update cycle to implement ‘‘§ 150. National goals and performance man- collect and maintain standardized data to carry
changes made by this section. States shall re- agement measures out a performance-based approach.
flect changes made to their transportation plan ‘‘(a) DECLARATION OF POLICY.—Performance ‘‘(B) REGIONS.—In establishing minimum con-
or transportation improvement program updates management will transform the Federal-aid dition levels under subparagraph (A)(iii), if the
Secretary determines that various geographic re- (b) PROJECT DELIVERY INITIATIVE.— health, the environment, and public participa-
gions of the United States experience disparate (1) IN GENERAL.—To advance the policy de- tion.’’.
factors contributing to the condition of pave- scribed in subsection (a), the Secretary shall SEC. 1302. ADVANCE ACQUISITION OF REAL PROP-
ment on the Interstate System in those regions, carry out a project delivery initiative under this ERTY INTERESTS.
the Secretary may establish different minimum section. (a) REAL PROPERTY INTERESTS.—Section 108
levels for each region; (2) PURPOSES.—The purposes of the project of title 23, United States Code, is amended—
‘‘(4) HIGHWAY SAFETY IMPROVEMENT PRO- delivery initiative shall be— (1) by striking ‘‘real property’’ each place it
GRAM.—For the purpose of carrying out section (A) to develop and advance the use of best appears and inserting ‘‘real property interests’’;
148, the Secretary shall establish measures for practices to accelerate project delivery and re- (2) by striking ‘‘right-of-way’’ each place it
States to use to assess— duce costs across all modes of transportation appears and inserting ‘‘real property interest’’;
‘‘(A) serious injuries and fatalities per vehicle and expedite the deployment of technology and and
mile traveled; and innovation; (3) by striking ‘‘rights-of-way’’ each place it
‘‘(B) the number of serious injuries and fatali- (B) to implement provisions of law designed to appears and inserting ‘‘real property interests’’.
ties. accelerate project delivery; and (b) STATE-FUNDED EARLY ACQUISITION OF
‘‘(5) CONGESTION MITIGATION AND AIR QUALITY (C) to select eligible projects for applying ex- REAL PROPERTY INTERESTS.—Section 108(c) of
PROGRAM.—For the purpose of carrying out sec- perimental features to test innovative project de- title 23, United States Code, is amended—
tion 149, the Secretary shall establish measures livery techniques. (1) in the subsection heading, by striking
for States to use to assess— (3) ADVANCING THE USE OF BEST PRACTICES.— ‘‘EARLY ACQUISITION OF RIGHTS-OF-WAY’’ and
‘‘(A) traffic congestion; and (A) IN GENERAL.—In carrying out the initia- inserting ‘‘STATE-FUNDED EARLY ACQUISITION
‘‘(B) on-road mobile source emissions. tive under this section, the Secretary shall iden- OF REAL PROPERTY INTERESTS’’;
‘‘(6) NATIONAL FREIGHT MOVEMENT.—The Sec- tify and advance best practices to reduce deliv- (2) by redesignating paragraphs (1) and (2) as
retary shall establish measures for States to use ery time and project costs, from planning paragraphs (2) and (3), respectively;
to assess freight movement on the Interstate Sys- through construction, for transportation (3) in paragraph (2) (as so redesignated)—
tem. projects and programs of projects regardless of (A) in the heading, by striking ‘‘GENERAL
‘‘(d) ESTABLISHMENT OF PERFORMANCE TAR- mode and project size. RULE’’ and inserting ‘‘ELIGIBILITY FOR REIM-
GETS.— (B) ADMINISTRATION.—To advance the use of BURSEMENT’’; and
‘‘(1) IN GENERAL.—Not later than 1 year after best practices, the Secretary shall— (B) by striking ‘‘Subject to paragraph (2)’’
the Secretary has promulgated the final rule- (i) engage interested parties, affected commu- and inserting ‘‘Subject to paragraph (3)’’;
making under subsection (c), each State shall nities, resource agencies, and other stakeholders (4) by inserting before paragraph (2) (as so re-
set performance targets that reflect the measures to gather information regarding opportunities designated) the following:
identified in paragraphs (3), (4), (5), and (6) of for accelerating project delivery and reducing ‘‘(1) IN GENERAL.—A State may carry out, at
subsection (c). costs; the expense of the State, acquisitions of interests
‘‘(2) DIFFERENT APPROACHES FOR URBAN AND (ii) establish a clearinghouse for the collec- in real property for a project before completion
RURAL AREAS.—In the development and imple- tion, documentation, and advancement of exist- of the review process required for the project
mentation of any performance target, a State ing and new innovative approaches and best under the National Environmental Policy Act of
may, as appropriate, provide for different per- practices; 1969 (42 U.S.C. 4321 et seq.) without affecting
formance targets for urbanized and rural areas. (iii) disseminate information through a variety subsequent approvals required for the project by
‘‘(e) REPORTING ON PERFORMANCE TARGETS.— of means to transportation stakeholders on new the State or any Federal agency.’’; and
Not later than 4 years after the date of enact- innovative approaches and best practices; and (5) in paragraph (3) (as so redesignated)—
ment of the MAP–21 and biennially thereafter, a (iv) provide technical assistance to assist (A) in the matter preceding subparagraph (A),
State shall submit to the Secretary a report that transportation stakeholders in the use of flexi- by striking ‘‘in paragraph (1)’’ and inserting
describes— bility authority to resolve project delays and ac- ‘‘in paragraph (2)’’; and
‘‘(1) the condition and performance of the Na- (B) in subparagraph (G), by striking ‘‘both
celerate project delivery if feasible.
tional Highway System in the State; (4) IMPLEMENTATION OF ACCELERATED PROJECT the Secretary and the Administrator of the En-
‘‘(2) the effectiveness of the investment strat- DELIVERY.—The Secretary shall ensure that the
vironmental Protection Agency have concurred’’
egy document in the State asset management provisions of this subtitle designed to accelerate and inserting ‘‘the Secretary has determined’’.
plan for the National Highway System; (c) FEDERALLY FUNDED ACQUISITION OF REAL
project delivery are fully implemented, includ-
‘‘(3) progress in achieving performance targets PROPERTY INTERESTS.—Section 108 of title 23,
ing—
identified under subsection (d); and United States Code, is amended by adding at the
(A) expanding eligibility of early acquisition
‘‘(4) the ways in which the State is addressing end the following:
of property prior to completion of environmental
congestion at freight bottlenecks, including ‘‘(d) FEDERALLY FUNDED EARLY ACQUISITION
review under the National Environmental Policy
those identified in the National Freight Stra- OF REAL PROPERTY INTERESTS.—
Act of 1969 (42 U.S.C. 4321 et seq.); ‘‘(1) DEFINITION OF ACQUISITION OF A REAL
tegic Plan, within the State.’’. (B) allowing the use of the construction man-
(b) CONFORMING AMENDMENT.—The analysis PROPERTY INTEREST.—In this subsection, the
ager or general contractor method of contracting term ‘acquisition of a real property interest’ in-
for chapter 1 of title 23, United States Code, is
in the Federal-aid highway system; and cludes the acquisition of—
amended by striking the item relating to section
(C) establishing a demonstration program to ‘‘(A) any interest in land;
150 and inserting the following:
streamline the relocation process by permitting a ‘‘(B) a contractual right to acquire any inter-
‘‘150. National goals and performance manage- lump-sum payment for acquisition and reloca-
ment measures.’’. est in land; or
tion if elected by the displaced occupant. ‘‘(C) any other similar action to acquire or
Subtitle C—Acceleration of Project Delivery (c) EXPEDITED PROJECT DELIVERY.—Section preserve rights-of-way for a transportation fa-
SEC. 1301. DECLARATION OF POLICY AND 101(b) of title 23, United States Code, is amended cility.
PROJECT DELIVERY INITIATIVE. by adding at the end the following: ‘‘(2) AUTHORIZATION.—The Secretary may au-
(a) IN GENERAL.—It is the policy of the United ‘‘(4) EXPEDITED PROJECT DELIVERY.— thorize the use of funds apportioned to a State
States that— ‘‘(A) IN GENERAL.—Congress declares that it is under this title for the acquisition of a real
(1) it is in the national interest for the Depart- in the national interest to expedite the delivery property interest by a State.
ment, State departments of transportation, tran- of surface transportation projects by substan- ‘‘(3) STATE CERTIFICATION.—A State request-
sit agencies, and all other recipients of Federal tially reducing the average length of the envi- ing Federal funding for an acquisition of a real
transportation funds— ronmental review process. property interest shall certify in writing, with
(A) to accelerate project delivery and reduce ‘‘(B) POLICY OF THE UNITED STATES.—Accord- concurrence by the Secretary, that—
costs; and ingly, it is the policy of the United States that— ‘‘(A) the State has authority to acquire the
(B) to ensure that the planning, design, engi- ‘‘(i) the Secretary shall have the lead role real property interest under State law; and
neering, construction, and financing of trans- among Federal agencies in carrying out the en- ‘‘(B) the acquisition of the real property inter-
portation projects is done in an efficient and ef- vironmental review process for surface transpor- est—
fective manner, promoting accountability for tation projects; ‘‘(i) is for a transportation purpose;
public investments and encouraging greater pri- ‘‘(ii) each Federal agency shall cooperate with ‘‘(ii) will not cause any significant adverse en-
vate sector involvement in project financing and the Secretary to expedite the environmental re- vironmental impact;
delivery while enhancing safety and protecting view process for surface transportation projects; ‘‘(iii) will not limit the choice of reasonable al-
the environment; ‘‘(iii) project sponsors shall not be prohibited ternatives for the project or otherwise influence
(2) delay in the delivery of transportation from carrying out preconstruction project devel- the decision of the Secretary on any approval
projects increases project costs, harms the econ- opment activities concurrently with the environ- required for the project;
omy of the United States, and impedes the travel mental review process; ‘‘(iv) does not prevent the lead agency from
of the people of the United States and the ship- ‘‘(iv) programmatic approaches shall be used making an impartial decision as to whether to
ment of goods for the conduct of commerce; and to reduce the need for project-by-project reviews accept an alternative that is being considered in
(3) the Secretary shall identify and promote and decisions by Federal agencies; and the environmental review process;
the deployment of innovation aimed at reducing ‘‘(v) the Secretary shall identify opportunities ‘‘(v) is consistent with the State transpor-
the time and money required to deliver transpor- for project sponsors to assume responsibilities of tation planning process under section 135;
tation projects while enhancing safety and pro- the Secretary where such responsibilities can be ‘‘(vi) complies with other applicable Federal
tecting the environment. assumed in a manner that protects public laws (including regulations);
‘‘(vii) will be acquired through negotiation, project or portion of the project at the nego- (b) FEDERAL SHARE.—Section 120(c) of title 23,
without the threat of condemnation; and tiated price and in compliance with the other United States Code, is amended by adding at the
‘‘(viii) will not result in a reduction or elimi- factors specified in the agreement. end the following:
nation of benefits or assistance to a displaced ‘‘(B) SELECTION.—A contract shall be awarded ‘‘(3) INNOVATIVE PROJECT DELIVERY.—
person required by the Uniform Relocation As- to a contractor under this paragraph using a ‘‘(A) IN GENERAL.—Except as provided in sub-
sistance and Real Property Acquisition Policies competitive selection process based on qualifica- paragraph (C), the Federal share payable on ac-
Act of 1970 (42 U.S.C. 4601 et seq.) and title VI tions, experience, best value, or any other com- count of a project, program, or activity carried
of the Civil Rights Act of 1964 (42 U.S.C. 2000d bination of factors considered appropriate by out with funds apportioned under paragraph
et seq.). the contracting agency. (1), (2), or (5) of section 104(b) may, at the dis-
‘‘(4) ENVIRONMENTAL COMPLIANCE.— ‘‘(C) TIMING.— cretion of the State, be up to 100 percent for any
‘‘(A) IN GENERAL.—Before authorizing Federal ‘‘(i) RELATIONSHIP TO NEPA PROCESS.—Prior to such project, program, or activity that the Sec-
funding for an acquisition of a real property in- the completion of the environmental review retary determines—
terest, the Secretary shall complete the review process required under section 102 of the Na- ‘‘(i) contains innovative project delivery meth-
process under the National Environmental Pol- tional Environmental Policy Act of 1969 (42 ods that improve work zone safety for motorists
icy Act of 1969 (42 U.S.C. 4321 et seq.) with re- U.S.C. 4332), a contracting agency may— or workers and the quality of the facility;
spect to the acquisition of the real property in- ‘‘(I) issue requests for proposals; ‘‘(ii) contains innovative technologies, manu-
terest. ‘‘(II) proceed with the award of a contract for facturing processes, financing, or contracting
‘‘(B) INDEPENDENT UTILITY.—The acquisition preconstruction services under subparagraph methods that improve the quality of, extend the
of a real property interest— (A)(ii); and service life of, or decrease the long-term costs of
‘‘(i) shall be treated as having independent ‘‘(III) issue notices to proceed with a prelimi- maintaining highways and bridges;
utility for purposes of the review process under nary design and any work related to prelimi- ‘‘(iii) accelerates project delivery while com-
the National Environmental Policy Act of 1969 nary design, to the extent that those actions do plying with other applicable Federal laws (in-
(42 U.S.C. 4321 et seq.); and not limit any reasonable range of alternatives. cluding regulations) and not causing any sig-
‘‘(ii) shall not limit consideration of alter- ‘‘(ii) CONSTRUCTION SERVICES PHASE.—A con- nificant adverse environmental impact; or
natives for future transportation improvements tracting agency shall not proceed with the ‘‘(iv) reduces congestion related to highway
with respect to the real property interest. award of the construction services phase of a construction.
‘‘(5) PROGRAMMING.— contract under subparagraph (A)(iv) and shall ‘‘(B) EXAMPLES.—Projects, programs, and ac-
‘‘(A) IN GENERAL.—The acquisition of a real not proceed, or permit any consultant or con- tivities described in subparagraph (A) may in-
property interest for which Federal funding is tractor to proceed, with final design or construc- clude the use of—
requested shall be included as a project in an tion until completion of the environmental re- ‘‘(i) prefabricated bridge elements and systems
applicable transportation improvement program view process required under section 102 of the and other technologies to reduce bridge con-
under sections 134 and 135 and sections 5303 and National Environmental Policy Act of 1969 (42 struction time;
5304 of title 49. U.S.C. 4332). ‘‘(ii) innovative construction equipment, mate-
‘‘(B) ACQUISITION PROJECT.—The acquisition ‘‘(iii) APPROVAL REQUIREMENT.—Prior to au- rials, or techniques, including the use of in-
project may consist of the acquisition of a spe- thorizing construction activities, the Secretary place recycling technology and digital 3-dimen-
cific parcel, a portion of a transportation cor- shall approve— sional modeling technologies;
‘‘(I) the price estimate of the contracting ‘‘(iii) innovative contracting methods, includ-
ridor, or an entire transportation corridor.
agency for the entire project; and ing the design-build and the construction man-
‘‘(6) DEVELOPMENT.—Real property interests
‘‘(II) any price agreement with the general ager-general contractor contracting methods;
acquired under this subsection may not be de-
contractor for the project or a portion of the ‘‘(iv) intelligent compaction equipment; or
veloped in anticipation of a project until all re-
project. ‘‘(v) contractual provisions that offer a con-
quired environmental reviews for the project
‘‘(iv) DESIGN ACTIVITIES.— tractor an incentive payment for early comple-
have been completed. ‘‘(I) IN GENERAL.—A contracting agency may tion of the project, program, or activity, subject
‘‘(7) REIMBURSEMENT.—If Federal-aid reim- proceed, at the expense of the contracting agen- to the condition that the incentives are ac-
bursement is made for real property interests ac- cy, with design activities at any level of detail counted for in the financial plan of the project,
quired early under this section and the real for a project before completion of the review when applicable.
property interests are not subsequently incor- process required for the project under the Na- ‘‘(C) LIMITATIONS.—
porated into a project eligible for surface trans- tional Environmental Policy Act of 1969 (42 ‘‘(i) IN GENERAL.—In each fiscal year, a State
portation funds within the time allowed by sub- U.S.C. 4321 et seq.) without affecting subsequent may use the authority under subparagraph (A)
section (a)(2), the Secretary shall offset the approvals required for the project. for up to 10 percent of the combined apportion-
amount reimbursed against funds apportioned ‘‘(II) REIMBURSEMENT.—Design activities car- ments of the State under paragraphs (1), (2),
to the State. ried out under subclause (I) shall be eligible for and (5) of section 104(b).
‘‘(8) OTHER REQUIREMENTS AND CONDITIONS.— Federal reimbursement as a project expense in ‘‘(ii) FEDERAL SHARE INCREASE.—The Federal
‘‘(A) APPLICABLE LAW.—The acquisition of a accordance with the requirements under section share payable on account of a project, program,
real property interest shall be carried out in 109(r). or activity described in subparagraph (A) may
compliance with all requirements applicable to ‘‘(v) TERMINATION PROVISION.—The Secretary be increased by up to 5 percent of the total
the acquisition of real property interests for fed- shall require a contract to include an appro- project cost.’’.
erally funded transportation projects. priate termination provision in the event that a SEC. 1305. EFFICIENT ENVIRONMENTAL REVIEWS
‘‘(B) ADDITIONAL CONDITIONS.—The Secretary no-build alternative is selected.’’. FOR PROJECT DECISIONMAKING.
may establish such other conditions or restric- (b) REGULATIONS.—The Secretary shall pro- (a) FLEXIBILITY.—Section 139(b) of title 23,
tions on acquisitions under this subsection as mulgate such regulations as are necessary to United States Code, is amended—
the Secretary determines to be appropriate.’’. carry out the amendment made by subsection (1) in paragraph (2) by inserting ‘‘, and any
SEC. 1303. LETTING OF CONTRACTS. (a). requirements established under this section may
(a) EFFICIENCIES IN CONTRACTING.—Section (c) EFFECT ON EXPERIMENTAL PROGRAM.— be satisfied,’’ after ‘‘exercised’’; and
112(b) of title 23, United States Code, is amended Nothing in this section or the amendment made (2) by adding at the end the following:
by adding at the end the following: by this section affects the authority to carry ‘‘(3) PROGRAMMATIC COMPLIANCE.—
‘‘(4) METHOD OF CONTRACTING.— out, or any project carried out under, any ex- ‘‘(A) IN GENERAL.—The Secretary shall ini-
‘‘(A) IN GENERAL.— perimental program concerning construction tiate a rulemaking to allow for the use of pro-
‘‘(i) 2-PHASE CONTRACT.—A contracting agen- manager risk that is being carried out by the grammatic approaches to conduct environmental
cy may award a 2-phase contract to a construc- Secretary as of the date of enactment of this reviews that—
tion manager or general contractor for Act. ‘‘(i) eliminate repetitive discussions of the
preconstruction and construction services. SEC. 1304. INNOVATIVE PROJECT DELIVERY same issues;
‘‘(ii) PRECONSTRUCTION SERVICES PHASE.—In METHODS. ‘‘(ii) focus on the actual issues ripe for anal-
the preconstruction services phase of a contract (a) DECLARATION OF POLICY.— yses at each level of review; and
under this paragraph, the contractor shall pro- (1) IN GENERAL.—Congress declares that it is ‘‘(iii) are consistent with—
vide the contracting agency with advice for in the national interest to promote the use of in- ‘‘(I) the National Environmental Policy Act of
scheduling, work sequencing, cost engineering, novative technologies and practices that in- 1969 (42 U.S.C. 4321 et seq.); and
constructability, cost estimating, and risk iden- crease the efficiency of construction of, improve ‘‘(II) other applicable laws.
tification. the safety of, and extend the service life of high- ‘‘(B) REQUIREMENTS.—In carrying out sub-
‘‘(iii) AGREEMENT.—Prior to the start of the ways and bridges. paragraph (A), the Secretary shall—
construction services phase, the contracting (2) INCLUSIONS.—The innovative technologies ‘‘(i) before initiating the rulemaking under
agency and the contractor may agree to a price and practices described in paragraph (1) include that subparagraph, consult with relevant Fed-
and other factors specified in regulation for the state-of-the-art intelligent transportation system eral agencies and State resource agencies, State
construction of the project or a portion of the technologies, elevated performance standards, departments of transportation, Indian tribes,
project. and new highway construction business prac- and the public on the appropriate use and scope
‘‘(iv) CONSTRUCTION PHASE.—If an agreement tices that improve highway safety and quality, of the programmatic approaches;
is reached under clause (iii), the contractor accelerate project delivery, and reduce conges- ‘‘(ii) emphasize the importance of collabora-
shall be responsible for the construction of the tion related to highway construction. tion among relevant Federal agencies, State
agencies, and Indian tribes in undertaking pro- (e) COORDINATION AND SCHEDULING.—Section ing and convene the meeting not later than 30
grammatic reviews, especially with respect to in- 139(g)(1)(B)(i) of title 23, United States Code, is days after the date of issuance of the notice.
cluding reviews with a broad geographic scope; amended by inserting ‘‘and the concurrence of’’ ‘‘(C) REFERRAL OF ISSUE RESOLUTION.—
‘‘(iii) ensure that the programmatic reviews— after ‘‘consultation with’’. ‘‘(i) REFERRAL TO COUNCIL ON ENVIRONMENTAL
‘‘(I) promote transparency, including of the SEC. 1306. ACCELERATED DECISIONMAKING. QUALITY.—
analyses and data used in the environmental re- ‘‘(I) IN GENERAL.—If resolution is not achieved
Section 139(h) of title 23, United States Code,
views, the treatment of any deferred issues by not later than 30 days after the date of an
is amended by striking paragraph (4) and insert-
raised by agencies or the public, and the tem- issue resolution meeting under subparagraph
ing the following:
poral and special scales to be used to analyze (B), the Secretary shall refer the matter to the
‘‘(4) INTERIM DECISION ON ACHIEVING ACCELER-
such issues; Council on Environmental Quality.
ATED DECISIONMAKING.—
‘‘(II) use accurate and timely information in ‘‘(II) MEETING.—Not later than 30 days after
‘‘(A) IN GENERAL.—Not later than 30 days the date of receipt of a referral from the Sec-
reviews, including— after the close of the public comment period on
‘‘(aa) criteria for determining the general du- retary under subclause (I), the Council on Envi-
a draft environmental impact statement, the ronmental Quality shall hold an issue resolution
ration of the usefulness of the review; and
Secretary may convene a meeting with the meeting with the lead agency, the heads of rel-
‘‘(bb) the timeline for updating any out-of-
project sponsor, lead agency, resource agencies, evant participating agencies, and the project
date review;
‘‘(III) describe— and any relevant State agencies to ensure that sponsor (including the Governor only if an ini-
‘‘(aa) the relationship between programmatic all parties are on schedule to meet deadlines for tial request for an issue resolution meeting came
analysis and future tiered analysis; and decisions to be made regarding the project. from the Governor).
‘‘(bb) the role of the public in the creation of ‘‘(B) DEADLINES.—The deadlines referred to in ‘‘(ii) REFERRAL TO THE PRESIDENT.—If a reso-
future tiered analysis; and subparagraph (A) shall be those established lution is not achieved by not later than 30 days
‘‘(IV) are available to other relevant Federal under subsection (g), or any other deadlines es- after the date of the meeting convened by the
and State agencies, Indian tribes, and the pub- tablished by the lead agency, in consultation Council on Environmental Quality under clause
lic; with the project sponsor and other relevant (i)(II), the Secretary shall refer the matter di-
‘‘(iv) allow not fewer than 60 days of public agencies. rectly to the President.
notice and comment on any proposed rule; and ‘‘(C) FAILURE TO ASSURE.—If the relevant ‘‘(6) FINANCIAL PENALTY PROVISIONS.—
‘‘(v) address any comments received under agencies cannot provide reasonable assurances ‘‘(A) IN GENERAL.—A Federal agency of juris-
clause (iv).’’. that the deadlines described in subparagraph diction over an approval required for a project
(b) FEDERAL LEAD AGENCY.—Section 139(c) of (B) will be met, the Secretary may initiate the under applicable laws shall complete any re-
title 23, United States Code, is amended— issue resolution and referral process described quired approval on an expeditious basis using
(1) in paragraph (1)— under paragraph (5) and before the completion the shortest existing applicable process.
(A) by striking ‘‘The Department of Transpor- of the record of decision. ‘‘(B) FAILURE TO DECIDE.—
tation’’ and inserting the following: ‘‘(5) ACCELERATED ISSUE RESOLUTION AND RE- ‘‘(i) IN GENERAL.—If an agency described in
‘‘(A) IN GENERAL.—The Department of Trans- FERRAL.— subparagraph (A) fails to render a decision
portation’’; and ‘‘(A) AGENCY ISSUE RESOLUTION MEETING.— under any Federal law relating to a project that
(B) by adding at the end the following: ‘‘(i) IN GENERAL.—A Federal agency of juris- requires the preparation of an environmental
‘‘(B) MODAL ADMINISTRATION.—If the project diction, project sponsor, or the Governor of a impact statement or environmental assessment,
requires approval from more than 1 modal ad- State in which a project is located may request including the issuance or denial of a permit, li-
ministration within the Department, the Sec- an issue resolution meeting to be conducted by cense, or other approval by the date described in
retary may designate a single modal administra- the lead agency. clause (ii), an amount of funding equal to the
tion to serve as the Federal lead agency for the ‘‘(ii) ACTION BY LEAD AGENCY.—The lead amounts specified in subclause (I) or (II) shall
Department in the environmental review process agency shall convene an issue resolution meet- be rescinded from the applicable office of the
for the project.’’. ing under clause (i) with the relevant partici- head of the agency, or equivalent office to
(c) PARTICIPATING AGENCIES.—Section 139(d) pating agencies and the project sponsor, includ- which the authority for rendering the decision
of title 23, United States Code, is amended— ing the Governor only if the meeting was re- has been delegated by law by not later than 1
(1) by striking paragraph (4) and inserting the quested by the Governor, to resolve issues that day after the applicable date under clause (ii),
following: could— and once each week thereafter until a final de-
‘‘(4) EFFECT OF DESIGNATION.— ‘‘(I) delay completion of the environmental re- cision is rendered, subject to subparagraph (C)—
‘‘(A) REQUIREMENT.—A participating agency view process; or ‘‘(I) $20,000 for any project for which an an-
shall comply with the requirements of this sec- ‘‘(II) result in denial of any approvals re- nual financial plan under section 106(i) is re-
tion. quired for the project under applicable laws. quired; or
‘‘(B) IMPLICATION.—Designation as a partici- ‘‘(II) $10,000 for any other project requiring
‘‘(iii) DATE.—A meeting requested under this
pating agency under this subsection shall not preparation of an environmental assessment or
subparagraph shall be held by not later than 21
imply that the participating agency— environmental impact statement.
days after the date of receipt of the request for
‘‘(i) supports a proposed project; or ‘‘(ii) DESCRIPTION OF DATE.—The date referred
the meeting, unless the lead agency determines
‘‘(ii) has any jurisdiction over, or special ex- to in clause (i) is the later of—
that there is good cause to extend the time for
pertise with respect to evaluation of, the ‘‘(I) the date that is 180 days after the date on
the meeting.
project.’’; and which an application for the permit, license, or
(2) by striking paragraph (7) and inserting the ‘‘(iv) NOTIFICATION.—On receipt of a request
for a meeting under this subparagraph, the lead approval is complete; and
following: ‘‘(II) the date that is 180 days after the date
‘‘(7) CONCURRENT REVIEWS.—Each partici- agency shall notify all relevant participating
on which the Federal lead agency issues a deci-
pating agency and cooperating agency shall— agencies of the request, including the issue to be
sion on the project under the National Environ-
‘‘(A) carry out the obligations of that agency resolved, and the date for the meeting.
mental Policy Act of 1969 (42 U.S.C. 4321 et
under other applicable law concurrently, and in ‘‘(v) DISPUTES.—If a relevant participating
seq.).
conjunction, with the review required under the agency with jurisdiction over an approval re-
‘‘(C) LIMITATIONS.—
National Environmental Policy Act of 1969 (42 quired for a project under applicable law deter- ‘‘(i) IN GENERAL.—No rescission of funds
U.S.C. 4321 et seq.), unless doing so would im- mines that the relevant information necessary to under subparagraph (B) relating to an indi-
pair the ability of the Federal agency to conduct resolve the issue has not been obtained and vidual project shall exceed, in any fiscal year,
needed analysis or otherwise carry out those ob- could not have been obtained within a reason- an amount equal to 2.5 percent of the funds
ligations; and able time, but the lead agency disagrees, the res- made available for the applicable agency office.
‘‘(B) formulate and implement administrative, olution of the dispute shall be forwarded to the ‘‘(ii) FAILURE TO DECIDE.—The total amount
policy, and procedural mechanisms to enable the heads of the relevant agencies for resolution. rescinded in a fiscal year as a result of a failure
agency to ensure completion of the environ- ‘‘(vi) CONVENTION BY LEAD AGENCY.—A lead by an agency to make a decision by an applica-
mental review process in a timely, coordinated, agency may convene an issue resolution meeting ble deadline shall not exceed an amount equal
and environmentally responsible manner.’’. under this subsection at any time without the to 7 percent of the funds made available for the
(d) PROJECT INITIATION.—Section 139(e) of request of the Federal agency of jurisdiction, applicable agency office for that fiscal year.
title 23, United States Code, is amended— project sponsor, or the Governor of a State. ‘‘(D) NO FAULT OF AGENCY.—A rescission of
(1) by striking ‘‘The project sponsor’’ and in- ‘‘(B) ELEVATION OF ISSUE RESOLUTION.— funds under this paragraph shall not be made if
serting the following: ‘‘(i) IN GENERAL.—If issue resolution is not the lead agency for the project certifies that—
‘‘(1) IN GENERAL.—The project sponsor’’; and achieved by not later than 30 days after the ‘‘(i) the agency has not received necessary in-
(2) by adding at the end the following: date of a relevant meeting under subparagraph formation or approvals from another entity,
‘‘(2) SUBMISSION OF DOCUMENTS.—The project (A), the Secretary shall notify the lead agency, such as the project sponsor, in a manner that
sponsor may satisfy the requirement under the heads of the relevant participating agencies, affects the ability of the agency to meet any re-
paragraph (1) by submitting to the Secretary and the project sponsor (including the Governor quirements under State, local, or Federal law; or
any relevant documents containing the informa- only if the initial issue resolution meeting re- ‘‘(ii) significant new information or cir-
tion described in that paragraph, including a quest came from the Governor) that an issue res- cumstances, including a major modification to
draft notice for publication in the Federal Reg- olution meeting will be convened. an aspect of the project, requires additional
ister announcing the preparation of an environ- ‘‘(ii) REQUIREMENTS.—The Secretary shall analysis for the agency to make a decision on
mental review for the project.’’. identify the issues to be addressed at the meet- the project application.
‘‘(E) LIMITATION.—The Federal agency with ‘‘(2) TECHNICAL ASSISTANCE.—At the request of ‘‘(C) has been approved by the State, all local
jurisdiction for the decision from which funds a project sponsor or the Governor of a State in and tribal governments where the project is lo-
are rescinded pursuant to this paragraph shall which a project is located, the Secretary shall cated, and by any relevant metropolitan plan-
not reprogram funds to the office of the head of provide additional technical assistance to re- ning organization.
the agency, or equivalent office, to reimburse solve for a covered project any outstanding ‘‘(3) PROJECT.—The term ‘project’ has the
that office for the loss of the funds. issues and project delay, including by— meaning given the term in section 139(a).
‘‘(F) AUDITS.—In any fiscal year in which ‘‘(A) providing additional staff, training, and ‘‘(4) PROJECT SPONSOR.—The term ‘project
any funds are rescinded from a Federal agency expertise; sponsor’ has the meaning given the term in sec-
pursuant to this paragraph, the Inspector Gen- ‘‘(B) facilitating interagency coordination; tion 139(a).
eral of that agency shall— ‘‘(C) promoting more efficient collaboration; ‘‘(b) ADOPTION OF PLANNING PRODUCTS FOR
‘‘(i) conduct an audit to assess compliance and USE IN NEPA PROCEEDINGS.—
with the requirements of this paragraph; and ‘‘(D) supplying specialized onsite assistance. ‘‘(1) IN GENERAL.—Subject to the conditions
‘‘(ii) not later than 120 days after the end of ‘‘(3) SCOPE OF WORK.— set forth in subsection (d), the Federal lead
the fiscal year during which the rescission oc- ‘‘(A) IN GENERAL.—In providing technical as- agency for a project may adopt and use a plan-
curred, submit to the Committee on Environment sistance for a covered project under this sub- ning product in proceedings relating to any
and Public Works of the Senate and the Com- section, the Secretary shall establish a scope of class of action in the environmental review
mittee on Transportation and Infrastructure of work that describes the actions that the Sec- process of the project.
the House of Representatives a report describing retary will take to resolve the outstanding issues ‘‘(2) IDENTIFICATION.—When the Federal lead
the reasons why the transfers were levied, in- and project delays, including establishing a agency makes a determination to adopt and use
cluding allocations of resources. schedule under subparagraph (B). a planning product, the Federal lead agency
‘‘(G) EFFECT OF PARAGRAPH.—Nothing in this ‘‘(B) SCHEDULE.— shall identify those agencies that participated in
paragraph affects or limits the application of, or ‘‘(i) IN GENERAL.—The Secretary shall estab- the development of the planning products.
obligation to comply with, any Federal, State, lish and meet a schedule for the completion of ‘‘(3) PARTIAL ADOPTION OF PLANNING PROD-
local, or tribal law. any permit, approval, review, or study, required UCTS.—The Federal lead agency may adopt a
‘‘(7) EXPEDIENT DECISIONS AND REVIEWS.—To for the covered project by the date that is not planning product under paragraph (1) in its en-
ensure that Federal environmental decisions later than 4 years after the date on which a no- tirety or may select portions for adoption.
and reviews are expeditiously made— tice of intent for the covered project is issued. ‘‘(4) TIMING.—A determination under para-
‘‘(A) adequate resources made available under ‘‘(ii) INCLUSIONS.—The schedule under clause graph (1) with respect to the adoption of a plan-
this title shall be devoted to ensuring that appli- (i) shall— ning product may be made at the time the lead
cable environmental reviews under the National ‘‘(I) comply with all applicable laws; agencies decide the appropriate scope of envi-
Environmental Policy Act of 1969 (42 U.S.C. 4321 ‘‘(II) require the concurrence of the Council ronmental review for the project but may also
et seq.) are completed on an expeditious basis on Environmental Quality and each partici- occur later in the environmental review process,
and that the shortest existing applicable process pating agency for the project with the State in as appropriate.
under that Act is implemented; and which the project is located or the project spon- ‘‘(c) APPLICABILITY.—
‘‘(B) the President shall submit to the Com- sor, as applicable; and ‘‘(1) PLANNING DECISIONS.—Planning decisions
mittee on Transportation and Infrastructure of ‘‘(III) reflect any new information that be- that may be adopted pursuant to this section in-
the House of Representatives and the Committee comes available and any changes in cir- clude—
on Environment and Public Works of the Sen- cumstances that may result in new significant ‘‘(A) whether tolling, private financial assist-
ate, not less frequently than once every 120 days impacts that could affect the timeline for com- ance, or other special financial measures are
after the date of enactment of the MAP–21, a re- pletion of any permit, approval, review, or study necessary to implement the project;
port on the status and progress of the following required for the covered project. ‘‘(B) a decision with respect to modal choice,
projects and activities funded under this title ‘‘(4) CONSULTATION.—In providing technical including a decision to implement corridor or
with respect to compliance with applicable re- assistance for a covered project under this sub- subarea study recommendations to advance dif-
quirements under the National Environmental section, the Secretary shall consult, if appro- ferent modal solutions as separate projects with
Policy Act of 1969 (42 U.S.C. 4321 et seq.): priate, with resource and participating agencies independent utility;
‘‘(i) Projects and activities required to prepare on all methods available to resolve the out- ‘‘(C) a basic description of the environmental
an annual financial plan under section 106(i). standing issues and project delays for a covered setting;
‘‘(ii) A sample of not less than 5 percent of the project as expeditiously as possible. ‘‘(D) a decision with respect to methodologies
projects requiring preparation of an environ- ‘‘(5) ENFORCEMENT.— for analysis; and
mental impact statement or environmental as- ‘‘(A) IN GENERAL.—All provisions of this sec- ‘‘(E) an identification of programmatic level
sessment in each State.’’. tion shall apply to this subsection, including the mitigation for potential impacts that the Federal
financial penalty provisions under subsection lead agency, in consultation with Federal,
SEC. 1307. ASSISTANCE TO AFFECTED FEDERAL
AND STATE AGENCIES. (h)(6). State, local, and tribal resource agencies, deter-
Section 139(j) of title 23, United States Code, is ‘‘(B) RESTRICTION.—If the Secretary enforces mines are most effectively addressed at a re-
amended by adding at the end the following: this subsection under subsection (h)(6), the Sec- gional or national program level, including—
retary may use a date included in a schedule ‘‘(i) system-level measures to avoid, minimize,
‘‘(6) MEMORANDUM OF UNDERSTANDING.—Prior
under paragraph (3)(B) that is created pursuant or mitigate impacts of proposed transportation
to providing funds approved by the Secretary
to and is in compliance with this subsection in investments on environmental resources, includ-
for dedicated staffing at an affected Federal
lieu of the dates under subsection (h)(6)(B)(ii).’’. ing regional ecosystem and water resources; and
agency under paragraphs (1) and (2), the af-
SEC. 1310. INTEGRATION OF PLANNING AND EN- ‘‘(ii) potential mitigation activities, locations,
fected Federal agency and the State agency
VIRONMENTAL REVIEW. and investments.
shall enter into a memorandum of under-
(a) IN GENERAL.—Chapter 1 of title 23, United ‘‘(2) PLANNING ANALYSES.—Planning analyses
standing that establishes the projects and prior-
States Code (as amended by section 1115(a)), is that may be adopted pursuant to this section in-
ities to be addressed by the use of the funds.’’.
amended by adding at the end the following: clude studies with respect to—
SEC. 1308. LIMITATIONS ON CLAIMS. ‘‘(A) travel demands;
Section 139(l) of title 23, United States Code, is ‘‘§ 168. Integration of planning and environ- ‘‘(B) regional development and growth;
amended— mental review ‘‘(C) local land use, growth management, and
(1) in paragraph (1) by striking ‘‘180 days’’ ‘‘(a) DEFINITIONS.—In this section, the fol- development;
and inserting ‘‘150 days’’; and lowing definitions apply: ‘‘(D) population and employment;
(2) in paragraph (2) by striking ‘‘180 days’’ ‘‘(1) ENVIRONMENTAL REVIEW PROCESS.—The ‘‘(E) natural and built environmental condi-
and inserting ‘‘150 days’’. term ‘environmental review process’ means the tions;
SEC. 1309. ACCELERATING COMPLETION OF COM- process for preparing for a project an environ- ‘‘(F) environmental resources and environ-
PLEX PROJECTS WITHIN 4 YEARS. mental impact statement, environmental assess- mentally sensitive areas;
Section 139 of title 23, United States Code, is ment, categorical exclusion, or other document ‘‘(G) potential environmental effects, includ-
amended by adding at the end the following: prepared under the National Environmental ing the identification of resources of concern
‘‘(m) ENHANCED TECHNICAL ASSISTANCE AND Policy Act of 1969 (42 U.S.C. 4321 et seq.). and potential cumulative effects on those re-
ACCELERATED PROJECT COMPLETION.— ‘‘(2) PLANNING PRODUCT.—The term ‘planning sources, identified as a result of a statewide or
‘‘(1) DEFINITION OF COVERED PROJECT.—In product’ means a detailed and timely decision, regional cumulative effects assessment; and
this subsection, the term ‘covered project’ means analysis, study, or other documented informa- ‘‘(H) mitigation needs for a proposed action,
a project— tion that— or for programmatic level mitigation, for poten-
‘‘(A) that has an ongoing environmental im- ‘‘(A) is the result of an evaluation or decision- tial effects that the Federal lead agency deter-
pact statement under the National Environ- making process carried out during transpor- mines are most effectively addressed at a re-
mental Policy Act of 1969 (42 U.S.C. 4321 et tation planning, including a detailed corridor gional or national program level.
seq.); and plan or a transportation plan developed under ‘‘(d) CONDITIONS.—Adoption and use of a
‘‘(B) for which at least 2 years, beginning on section 134 that fully analyzes impacts on mobil- planning product under this section is subject to
the date on which a notice of intent is issued, ity, adjacent communities, and the environment; a determination by the Federal lead agency,
have elapsed without the issuance of a record of ‘‘(B) is intended to be carried into the trans- with the concurrence of other participating
decision. portation project development process; and agencies with relevant expertise and project
sponsors as appropriate, and with an oppor- ‘‘Sec. 168. Integration of planning and environ- tional Environmental Policy Act of 1969 (42
tunity for public notice and comment and con- mental review.’’. U.S.C. 4321 et seq.).
sideration of those comments by the Federal SEC. 1311. DEVELOPMENT OF PROGRAMMATIC ‘‘(g) PRESERVATION OF EXISTING AUTHORI-
lead agency, that the following conditions have MITIGATION PLANS. TIES.—Nothing in this section limits the use of
been met: (a) IN GENERAL.—Chapter 1 of title 23, United programmatic approaches to reviews under the
‘‘(1) The planning product was developed States Code (as amended by section 1310(a)), is National Environmental Policy Act of 1969 (42
through a planning process conducted pursuant amended by adding at the end the following: U.S.C. 4321 et seq.).’’.
to applicable Federal law. (b) TECHNICAL AND CONFORMING AMEND-
‘‘§ 169. Development of programmatic mitiga-
‘‘(2) The planning product was developed by MENT.—The analysis for chapter 1 of title 23,
tion plans
engaging in active consultation with appro- United States Code (as amended by section
priate Federal and State resource agencies and ‘‘(a) IN GENERAL.—As part of the statewide or 1309(b)), is amended by adding at the end the
Indian tribes. metropolitan transportation planning process, a following:
‘‘(3) The planning process included broad State or metropolitan planning organization
‘‘Sec. 169. Development of programmatic mitiga-
multidisciplinary consideration of systems-level may develop 1 or more programmatic mitigation
tion plans.’’.
or corridor-wide transportation needs and po- plans to address the potential environmental im-
SEC. 1312. STATE ASSUMPTION OF RESPONSI-
tential effects, including effects on the human pacts of future transportation projects. BILITY FOR CATEGORICAL EXCLU-
and natural environment. ‘‘(b) SCOPE.— SIONS.
‘‘(4) During the planning process, notice was ‘‘(1) SCALE.—A programmatic mitigation plan Section 326 of title 23, United States Code, is
provided through publication or other means to may be developed on a regional, ecosystem, wa- amended—
Federal, State, local, and tribal governments tershed, or statewide scale. (1) in subsection (a) by adding at the end the
that might have an interest in the proposed ‘‘(2) RESOURCES.—The plan may encompass following:
project, and to members of the general public, of multiple environmental resources within a de- ‘‘(4) PRESERVATION OF FLEXIBILITY.—The Sec-
the planning products that the planning process fined geographic area or may focus on a specific retary shall not require a State, as a condition
might produce and that might be relied on dur- resource, such as aquatic resources, parkland, of assuming responsibility under this section, to
ing any subsequent environmental review proc- or wildlife habitat. forego project delivery methods that are other-
ess, and such entities have been provided an ap- ‘‘(3) PROJECT IMPACTS.—The plan may ad- wise permissible for highway projects.’’;
propriate opportunity to participate in the plan- dress impacts from all projects in a defined geo- (2) by striking subsection (d) and inserting the
ning process leading to such planning product. graphic area or may focus on a specific type of following:
‘‘(5) After initiation of the environmental re- project. ‘‘(d) TERMINATION.—
view process, but prior to determining whether ‘‘(4) CONSULTATION.—The scope of the plan ‘‘(1) TERMINATION BY THE SECRETARY.—The
to rely on and use the planning product, the shall be determined by the State or metropolitan Secretary may terminate any assumption of re-
lead Federal agency has made documentation planning organization, as appropriate, in con- sponsibility under a memorandum of under-
relating to the planning product available to sultation with the agency or agencies with juris- standing on a determination that the State is
Federal, State, local, and tribal governments diction over the resources being addressed in the not adequately carrying out the responsibilities
that may have an interest in the proposed ac- mitigation plan. assigned to the State.
tion, and to members of the general public, and ‘‘(c) CONTENTS.—A programmatic mitigation ‘‘(2) TERMINATION BY THE STATE.—The State
has considered any resulting comments. plan may include— may terminate the participation of the State in
‘‘(6) There is no significant new information ‘‘(1) an assessment of the condition of envi- the program at any time by providing to the Sec-
or new circumstance that has a reasonable like- ronmental resources in the geographic area cov- retary a notice not later than the date that is 90
lihood of affecting the continued validity or ap- ered by the plan, including an assessment of re- days before the date of termination, and subject
propriateness of the planning product. cent trends and any potential threats to those to such terms and conditions as the Secretary
‘‘(7) The planning product has a rational resources; may provide.’’; and
basis and is based on reliable and reasonably ‘‘(2) an assessment of potential opportunities (3) by adding at the end the following:
current data and reasonable and scientifically to improve the overall quality of environmental ‘‘(f) LEGAL FEES.—A State assuming the re-
acceptable methodologies. resources in the geographic area covered by the sponsibilities of the Secretary under this section
‘‘(8) The planning product is documented in plan, through strategic mitigation for impacts of for a specific project may use funds apportioned
sufficient detail to support the decision or the transportation projects; to the State under section 104(b)(2) for attor-
results of the analysis and to meet requirements ‘‘(3) standard measures for mitigating certain ney’s fees directly attributable to eligible activi-
for use of the information in the environmental types of impacts; ties associated with the project.’’.
review process. ‘‘(4) parameters for determining appropriate SEC. 1313. SURFACE TRANSPORTATION PROJECT
mitigation for certain types of impacts, such as DELIVERY PROGRAM.
‘‘(9) The planning product is appropriate for
adoption and use in the environmental review mitigation ratios or criteria for determining ap- (a) PROGRAM NAME.—Section 327 of title 23,
process for the project. propriate mitigation sites; United States Code, is amended—
‘‘(10) The planning product was approved not ‘‘(5) adaptive management procedures, such (1) in the section heading by striking ‘‘pilot’’;
later than 5 years prior to date on which the in- as protocols that involve monitoring predicted and
formation is adopted pursuant to this section. impacts over time and adjusting mitigation (2) in subsection (a)(1) by striking ‘‘pilot’’.
measures in response to information gathered (b) ASSUMPTION OF RESPONSIBILITY.—Section
‘‘(e) EFFECT OF ADOPTION.—Any planning
through the monitoring; and 327(a)(2) of title 23, United States Code, is
product adopted by the Federal lead agency in
‘‘(6) acknowledgment of specific statutory or amended—
accordance with this section may be incor-
regulatory requirements that must be satisfied (1) in subparagraph (B)—
porated directly into an environmental review (A) in clause (i) by striking ‘‘but’’; and
process document or other environmental docu- when determining appropriate mitigation for (B) by striking clause (ii) and inserting the
ment and may be relied upon and used by other certain types of resources. following:
Federal agencies in carrying out reviews of the ‘‘(d) PROCESS.—Before adopting a pro- ‘‘(ii) at the request of the State, the Secretary
project. grammatic mitigation plan, a State or metropoli- may also assign to the State, and the State may
‘‘(f) RULES OF CONSTRUCTION.— tan planning organization shall— assume, the responsibilities of the Secretary
‘‘(1) IN GENERAL.—This section shall not be ‘‘(1) consult with each agency with jurisdic- with respect to 1 or more railroad, public trans-
construed to make the environmental review tion over the environmental resources consid- portation, or multimodal projects within the
process applicable to the transportation plan- ered in the programmatic mitigation plan; State under the National Environmental Policy
ning process conducted under this title and ‘‘(2) make a draft of the plan available for re- Act of 1969 (42 U.S.C. 4321 et seq.);
chapter 53 of title 49. view and comment by applicable environmental ‘‘(iii) in a State that has assumed the respon-
‘‘(2) TRANSPORTATION PLANNING ACTIVITIES.— resource agencies and the public; sibilities of the Secretary under clause (ii), a re-
Initiation of the environmental review process ‘‘(3) consider any comments received from cipient of assistance under chapter 53 of title 49
as a part of, or concurrently with, transpor- such agencies and the public on the draft plan; may request that the Secretary maintain the re-
tation planning activities does not subject trans- and sponsibilities of the Secretary with respect to 1
portation plans and programs to the environ- ‘‘(4) address such comments in the final plan. or more public transportation projects within
mental review process. ‘‘(e) INTEGRATION WITH OTHER PLANS.—A the State under the National Environmental
‘‘(3) PLANNING PRODUCTS.—This section shall programmatic mitigation plan may be integrated Policy Act of 1969 (42 U.S.C. 13 4321 et seq.); but
not be construed to affect the use of planning with other plans, including watershed plans, ‘‘(iv) the Secretary may not assign—
products in the environmental review process ecosystem plans, species recovery plans, growth ‘‘(I) any responsibility imposed on the Sec-
pursuant to other authorities under any other management plans, and land use plans. retary by section 134 or 135 or section 5303 or
provision of law or to restrict the initiation of ‘‘(f) CONSIDERATION IN PROJECT DEVELOPMENT 5304 of title 49; or
the environmental review process during plan- AND PERMITTING.—If a programmatic mitigation ‘‘(II) responsibility for any conformity deter-
ning.’’. plan has been developed pursuant to this sec- mination required under section 176 of the Clean
(b) TECHNICAL AND CONFORMING AMEND- tion, any Federal agency responsible for envi- Air Act (42 U.S.C. 7506).’’; and
MENT.—The analysis for chapter 1 of title 23, ronmental reviews, permits, or approvals for a (2) by adding at the end the following:
United States Code (as amended by section transportation project may use the recommenda- ‘‘(F) PRESERVATION OF FLEXIBILITY.—The
1115(b)), is amended by adding at end the fol- tions in a programmatic mitigation plan when Secretary may not require a State, as a condi-
lowing: carrying out the responsibilities under the Na- tion of participation in the program, to forego
project delivery methods that are otherwise per- ‘‘§ 304. Application of categorical exclusions United States Code, is amended to read as fol-
missible for projects. for multimodal projects lows:
‘‘(G) LEGAL FEES.—A State assuming the re- ‘‘(a) DEFINITIONS.—In this section, the fol- ‘‘304. Application of categorical exclusions for
sponsibilities of the Secretary under this section lowing definitions apply: multimodal projects’’.
for a specific project may use funds apportioned ‘‘(1) COOPERATING AUTHORITY.—The term ‘co- SEC. 1315. CATEGORICAL EXCLUSIONS IN EMER-
to the State under section 104(b)(2) for attor- operating authority’ means a Department of GENCIES.
neys’ fees directly attributable to eligible activi- Transportation operating authority that is not (a) IN GENERAL.—Not later than 30 days after
ties associated with the project.’’. the lead authority with respect to a project. the date of enactment of this Act, for the repair
(c) STATE PARTICIPATION.—Section 327(b) of ‘‘(2) LEAD AUTHORITY.—The term ‘lead au- or reconstruction of any road, highway, or
title 23, United States Code, is amended— thority’ means a Department of Transportation
(1) by striking paragraph (1) and inserting the bridge that is in operation or under construction
operating administration or secretarial office when damaged by an emergency declared by the
following: that—
‘‘(1) PARTICIPATING STATES.—All States are el- Governor of the State and concurred in by the
‘‘(A) is the lead authority over a proposed Secretary, or for a disaster or emergency de-
igible to participate in the program.’’; and
multimodal project; and clared by the President pursuant to the Robert
(2) in paragraph (2) by striking ‘‘date of en-
‘‘(B) has determined that the components of T. Stafford Disaster Relief and Emergency As-
actment of this section, the Secretary shall pro-
the project that fall under the modal expertise of sistance Act (42 U.S.C. 5121 et seq.), the Sec-
mulgate’’ and inserting ‘‘date on which amend-
the lead authority— retary shall publish a notice of proposed rule-
ments to this section by the MAP-21 take effect,
‘‘(i) satisfy the conditions for a categorical ex- making to treat any such repair or reconstruc-
the Secretary shall amend, as appropriate,’’.
clusion under implementing regulations or pro- tion activity as a class of action categorically
(d) WRITTEN AGREEMENT.—Section 327(c) of
cedures of the lead authority under the Na- excluded from the requirements relating to envi-
title 23, United States Code, is amended—
(1) in paragraph (3)(D) by striking the period tional Environmental Policy Act of 1969 (42 ronmental assessments or environmental impact
at the end and inserting a semicolon; and U.S.C. 4321 et seq.); and statements under section 1508.4 of title 40, Code
(2) by adding at the end the following: ‘‘(ii) do not require the preparation of an en-
of Federal Regulations, and section 771.117 of
‘‘(4) require the State to provide to the Sec- vironmental assessment or environmental impact
title 23, Code of Federal Regulations (as in ef-
retary any information the Secretary considers statement under that Act.
fect on the date of enactment of this Act) if such
necessary to ensure that the State is adequately ‘‘(3) MULTIMODAL PROJECT.—The term
repair or reconstruction activity is—
carrying out the responsibilities assigned to the ‘multimodal project’ has the meaning given the
(1) in the same location with the same capac-
State; term in section 139(a) of title 23.
ity, dimensions, and design as the original road,
‘‘(5) have a term of not more than 5 years; and ‘‘(b) EXERCISE OF AUTHORITIES.—The authori-
highway, or bridge as before the declaration de-
‘‘(6) be renewable.’’. ties granted in this section may be exercised for
scribed in this section; and
(e) CONFORMING AMENDMENT.—Section 327(e) a multimodal project, class of projects, or pro-
(2) commenced within a 2-year period begin-
of title 23, United States Code, is amended by gram of projects that are carried out under this
ning on the date of a declaration described in
striking ‘‘subsection (i)’’ and inserting ‘‘subtitle.
‘‘(c) APPLICATION OF CATEGORICAL EXCLU- this section.
section (j)’’.
(f) AUDITS.—Section 327(g)(1)(B) of title 23, (b) RULEMAKING.—
SIONS FOR MULTIMODAL PROJECTS.—In consid-
United States Code, is amended by striking (1) IN GENERAL.—The Secretary shall ensure
ering the environmental impacts of a proposed
‘‘subsequent year’’ and inserting ‘‘of the third that the rulemaking helps to conserve Federal
multimodal project, a lead authority may apply
and fourth years’’. resources and protects public safety and health
a categorical exclusion designated under the im-
(g) MONITORING.—Section 327 of title 23, by providing for periodic evaluations to deter-
plementing regulations or procedures of a co-
United States Code, is amended— mine if reasonable alternatives exist to roads,
operating authority for other components of the
(1) by redesignating subsections (h) and (i) as highways, or bridges that repeatedly require re-
project, subject to the conditions that—
subsections (i) and (j), respectively; and ‘‘(1) the multimodal project is funded under 1 pair and reconstruction activities.
(2) by inserting after subsection (g) the fol- grant agreement administered by the lead au- (2) REASONABLE ALTERNATIVES.—The reason-
lowing: thority; able alternatives described in paragraph (1) in-
‘‘(h) MONITORING.—After the fourth year of ‘‘(2) the multimodal project has components clude actions that could reduce the need for
the participation of a State in the program, the that require the expertise of a cooperating au- Federal funds to be expended on such repair
Secretary shall monitor compliance by the State thority to assess the environmental impacts of and reconstruction activities, better protect pub-
with the written agreement, including the provi- the components; lic safety and health and the environment, and
sion by the State of financial resources to carry ‘‘(3) the component of the project to be cov- meet transportation needs as described in rel-
out the written agreement.’’. ered by the categorical exclusion of the cooper- evant and applicable Federal, State, local and
(h) TERMINATION.—Section 327(j) of title 23, ating authority has independent utility; tribal plans.
United States Code (as so redesignated), is ‘‘(4) the cooperating authority, in consulta- SEC. 1316. CATEGORICAL EXCLUSIONS FOR
amended to read as follows: tion with the lead authority— PROJECTS WITHIN THE RIGHT-OF-
‘‘(j) TERMINATION.— WAY.
‘‘(A) follows implementing regulations or pro-
‘‘(1) TERMINATION BY THE SECRETARY.—The (a) IN GENERAL.—The Secretary shall—
cedures under the National Environmental Pol-
Secretary may terminate the participation of (1) not later than 180 days after the date of
icy Act of 1969 (42 U.S.C. 4321 et seq.); and
any State in the program if— enactment of this Act, designate any project (as
‘‘(A) the Secretary determines that the State is ‘‘(B) determines that a categorical exclusion
under that Act applies to the components; and defined in section 101(a) of title 23, United
not adequately carrying out the responsibilities States Code) within an existing operational
assigned to the State; ‘‘(5) the lead authority has determined that—
‘‘(A) the project, using the categorical exclu- right-of-way as an action categorically excluded
‘‘(B) the Secretary provides to the State—
sions of the lead authority and each applicable from the requirements relating to environmental
‘‘(i) notification of the determination of non-
cooperating authority, does not individually or assessments or environmental impact statements
compliance; and
‘‘(ii) a period of at least 30 days during which cumulatively have a significant impact on the under section 1508.4 of title 40, Code of Federal
to take such corrective action as the Secretary environment; and Regulations, and section 771.117(c) of title 23,
determines is necessary to comply with the ap- ‘‘(B) extraordinary circumstances do not exist Code of Federal Regulations; and
plicable agreement; and that merit additional analysis and documenta- (2) not later than 150 days after the date of
‘‘(C) the State, after the notification and pe- tion in an environmental impact statement or enactment of this Act, promulgate regulations to
riod provided under subparagraph (B), fails to environmental assessment required under the carry out paragraph (1).
take satisfactory corrective action, as deter- National Environmental Policy Act of 1969 (42 (b) DEFINITION OF AN OPERATIONAL RIGHT-OF-
mined by the Secretary. U.S.C. 4321 et seq.). WAY.—In this section, the term ‘‘operational
‘‘(2) TERMINATION BY THE STATE.—The State ‘‘(d) MODAL COOPERATION.— right-of-way’’ means all real property interests
may terminate the participation of the State in ‘‘(1) IN GENERAL.—A cooperating authority acquired for the construction, operation, or miti-
the program at any time by providing to the Sec- shall provide modal expertise to the lead author- gation of a project (as defined in section 101(a)
retary a notice by not later than the date that ity on such aspects of the multimodal project in of title 23, United States Code), including the lo-
is 90 days before the date of termination, and which the cooperating authority has expertise. cations of the roadway, bridges, interchanges,
subject to such terms and conditions as the Sec- ‘‘(2) USE OF CATEGORICAL EXCLUSION.—In a culverts, drainage, clear zone, traffic control
retary may provide.’’. case described in paragraph (1), the 1 or more signage, landscaping, and any rest areas with
(i) CLERICAL AMENDMENT.—The item relating categorical exclusions of a cooperating author- direct access to a controlled access highway.
to section 327 in the analysis of title 23, United ity may be applied by the lead authority once SEC. 1317. CATEGORICAL EXCLUSION FOR
States Code, is amended to read as follows: the cooperating authority reviews the project on PROJECTS OF LIMITED FEDERAL AS-
‘‘327. Surface transportation project delivery behalf of the lead authority and determines the SISTANCE.
program.’’. project satisfies the conditions for a categorical Not later than 180 days after the date of en-
SEC. 1314. APPLICATION OF CATEGORICAL EX- exclusion under the implementing regulations or actment of this Act, the Secretary shall—
CLUSIONS FOR MULTIMODAL procedures of the cooperating authority under (1) designate as an action categorically ex-
PROJECTS. the National Environmental Policy Act of 1969 cluded from the requirements relating to envi-
(a) IN GENERAL.—Section 304 of title 49, (42 U.S.C. 4321 et seq.) and this section.’’. ronmental assessments or environmental impact
United States Code, is amended to read as fol- (b) CONFORMING AMENDMENT.—The item re- statements under section 1508.4 of title 40, Code
lows: lating to section 304 in the analysis for title 49, of Federal Regulations, and section 771.117(c) of
title 23, Code of Federal Regulations, any SEC. 1319. ACCELERATED DECISIONMAKING IN as appropriate, other required analyses and
project— ENVIRONMENTAL REVIEWS. studies concurrently with planning activities.
(A) that receives less than $5,000,000 of Fed- (a) IN GENERAL.—In preparing a final envi- (5) The identification by agencies with juris-
eral funds; or ronmental impact statement under the National diction over any permits related to the project of
(B) with a total estimated cost of not more Environmental Policy Act of 1969 (42 U.S.C. 4321 any and all relevant information that will rea-
than $30,000,000 and Federal funds comprising et seq.), if the lead agency modifies the state- sonably be required for the project.
less than 15 percent of the total estimated ment in response to comments that are minor (6) The reduction of duplication between re-
project cost; and and are confined to factual corrections or expla- quirements under the National Environmental
(2) not later than 150 days after the date of nations of why the comments do not warrant Policy Act of 1969 (42 U.S.C. 4321 et seq.) and
enactment of this Act, promulgate regulations to additional agency response, the lead agency State and local planning and environmental re-
carry out paragraph (1). may write on errata sheets attached to the state- view requirements, unless the agencies are spe-
SEC. 1318. PROGRAMMATIC AGREEMENTS AND ment instead of rewriting the draft statement, cifically barred from doing so by applicable law.
ADDITIONAL CATEGORICAL EXCLU- subject to the condition that the errata sheets— (7) Timelines for the completion of agency ac-
SIONS. (1) cite the sources, authorities, or reasons tions during the planning and environmental
(a) IN GENERAL.—Not later than 60 days after that support the position of the agency; and review processes.
the date of enactment of this Act, the Secretary (2) if appropriate, indicate the circumstances (8) Other appropriate factors.
shall— that would trigger agency reappraisal or further SEC. 1321. ENVIRONMENTAL PROCEDURES INI-
(1) survey the use by the Department of cat- response. TIATIVE.
egorical exclusions in transportation projects (b) INCORPORATION.—To the maximum extent (a) ESTABLISHMENT.—For grant programs
since 2005; practicable, the lead agency shall expeditiously under which funds are distributed by formula
(2) publish a review of the survey that in- develop a single document that consists of a by the Department, the Secretary shall establish
cludes a description of— final environmental impact statement and a an initiative to review and develop consistent
(A) the types of actions categorically ex- record of decision, unless— procedures for environmental permitting and
cluded; and (1) the final environmental impact statement procurement requirements that apply to a
(B) any requests previously received by the makes substantial changes to the proposed ac- project carried out under title 23, United States
Secretary for new categorical exclusions; and tion that are relevant to environmental or safety Code, or chapter 53 of title 49, United States
(3) solicit requests from State departments of concerns; or Code.
transportation, transit authorities, metropolitan (2) there are significant new circumstances or (b) REPORT.—The Secretary shall publish the
planning organizations, or other government information relevant to environmental concerns results of the initiative described in subsection
agencies for new categorical exclusions. and that bear on the proposed action or the im- (a) in an electronically accessible format.
(b) NEW CATEGORICAL EXCLUSIONS.—Not later pacts of the proposed action. SEC. 1322. REVIEW OF STATE ENVIRONMENTAL
than 120 days after the date of enactment of this SEC. 1320. MEMORANDA OF AGENCY AGREE- REVIEWS AND APPROVALS FOR THE
Act, the Secretary shall publish a notice of pro- MENTS FOR EARLY COORDINATION. PURPOSE OF ELIMINATING DUPLICA-
posed rulemaking to propose new categorical ex- (a) IN GENERAL.—It is the sense of Congress TION OF ENVIRONMENTAL REVIEWS.
clusions received by the Secretary under sub- that— For environmental reviews and approvals car-
section (a), to the extent that the categorical ex- (1) the Secretary and other Federal agencies ried out on projects funded under title 23,
clusions meet the criteria for a categorical exclu- with relevant jurisdiction in the environmental United States Code, the Comptroller General of
sion under section 1508.4 of title 40, Code of Fed- review process should cooperate with each other the United States shall—
eral Regulations, and section 771.117(a) of title and other agencies on environmental review and (1) review State laws and procedures for con-
23, Code of Federal Regulations (as those regu- project delivery activities at the earliest prac- ducting environmental reviews with regard to
lations are in effect on the date of the notice). ticable time to avoid delays and duplication of such projects and identify the States that have
(c) ADDITIONAL ACTIONS.—The Secretary shall effort later in the process, head off potential environmental laws that provide environmental
issue a proposed rulemaking to move the fol- conflicts, and ensure that planning and project protections and opportunities for public involve-
lowing types of actions from subsection (d) of development decisions reflect environmental val- ment that are equivalent to those provided by
section 771.117 of title 23, Code of Federal Regu- ues; and Federal environmental laws;
lations (as in effect on the date of enactment of (2) such cooperation should include the devel- (2) determine the frequency and cost of envi-
this Act), to subsection (c) of that section, to the opment of policies and the designation of staff ronmental reviews carried out at the Federal
extent that such movement complies with the that advise planning agencies or project spon- level that are duplicative of State reviews that
criteria for a categorical exclusion under section sors of studies or other information foreseeably provide equivalent environmental protections
1508.4 of title 40, Code of Federal Regulations required for later Federal action and early con- and opportunities for public involvement; and
(as in effect on the date of enactment of this sultation with appropriate State and local agen- (3) not later than 2 years after the date of en-
Act): cies and Indian tribes. actment of this Act, submit to the Committee on
(1) Modernization of a highway by resur- (b) TECHNICAL ASSISTANCE.—If requested at Transportation and Infrastructure of the House
facing, restoration, rehabilitation, reconstruc- any time by a State or local planning agency, of Representatives and the Committee on Envi-
tion, adding shoulders, or adding auxiliary the Secretary and other Federal agencies with ronment and Public Works of the Senate a re-
lanes (including parking, weaving, turning, and relevant jurisdiction in the environmental report that describes the results of the review and
climbing). view process, shall, to the extent practicable and determination made under this section.
(2) Highway safety or traffic operations im- appropriate, as determined by the agencies, pro- SEC. 1323. REVIEW OF FEDERAL PROJECT AND
provement projects, including the installation of vide technical assistance to the State or local PROGRAM DELIVERY.
ramp metering control devices and lighting. planning agency on accomplishing the early co- (a) COMPLETION TIME ASSESSMENTS AND RE-
(3) Bridge rehabilitation, reconstruction, or ordination activities described in subsection (d). PORTS.—
replacement or the construction of grade separa- (c) MEMORANDUM OF AGENCY AGREEMENT.—If (1) IN GENERAL.—For projects funded under
tion to replace existing at-grade railroad cross- requested at any time by a State or local plan- title 23, United States Code, the Secretary shall
ings. ning agency, the lead agency, in consultation compare—
(d) PROGRAMMATIC AGREEMENTS.— with other Federal agencies with relevant juris- (A)(i) the completion times of categorical ex-
(1) IN GENERAL.—The Secretary shall seek op- diction in the environmental review process, clusions, environmental assessments, and envi-
portunities to enter into programmatic agree- may establish memoranda of agreement with the ronmental impact statements initiated after cal-
ments with the States that establish efficient ad- project sponsor, State, and local governments endar year 2005; to
ministrative procedures for carrying out envi- and other appropriate entities to accomplish the (ii) the completion times of categorical exclu-
ronmental and other required project reviews. early coordination activities described in sub- sions, environmental assessments, and environ-
(2) INCLUSIONS.—Programmatic agreements section (d). mental impact statements initiated during a pe-
authorized under paragraph (1) may include (d) EARLY COORDINATION ACTIVITIES.—Early riod prior to calendar year 2005; and
agreements that allow a State to determine on coordination activities shall include, to the max- (B)(i) the completion times of categorical ex-
behalf of the Federal Highway Administration imum extent practicable, the following: clusions, environmental assessments, and envi-
whether a project is categorically excluded from (1) Technical assistance on identifying poten- ronmental impact statements initiated during
the preparation of an environmental assessment tial impacts and mitigation issues in an inte- the period beginning on January 1, 2005, and
or environmental impact statement under the grated fashion. ending on the date of enactment of this Act; to
National Environmental Policy Act of 1969 (42 (2) The potential appropriateness of using (ii) the completion times of categorical exclu-
U.S.C. 4321 et seq.). planning products and decisions in later envi- sions, environmental assessments, and environ-
(3) DETERMINATIONS.—An agreement described ronmental reviews. mental impact statements initiated after the
in paragraph (2) may include determinations by (3) The identification and elimination from date of enactment of this Act.
the Secretary of the types of projects categori- detailed study in the environmental review proc- (2) REPORT.—The Secretary shall submit to
cally excluded (consistent with section 1508.4 of ess of the issues that are not significant or that the Committee on Transportation and Infra-
title 40, Code of Federal Regulations) in the have been covered by prior environmental restructure of the House of Representatives and
State in addition to the types listed in sub- views. the Committee on Environment and Public
sections (c) and (d) of section 771.117 of title 23, (4) The identification of other environmental Works of the Senate—
Code of Federal Regulations (as in effect on the review and consultation requirements so that (A) not later than 1 year after the date of en-
date of enactment of this Act). the lead and cooperating agencies may prepare, actment of this Act, a report that—
(i) describes the results of the review con- (c) SURVEY AND COMPARATIVE ASSESSMENT.— ferred to the department of transportation of the
ducted under paragraph (1)(A); and (1) IN GENERAL.—Not later than 18 months State, which shall be responsible for the admin-
(ii) identifies any change in the timing for after the date of enactment of this Act, the Sec- istration of the funds.’’; and
completions, including the reasons for any such retary, in consultation with relevant State (3) by striking paragraph (5) and inserting the
change and the reasons for delays in excess of motor carrier safety personnel, shall conduct a following:
5 years; and survey of each State— ‘‘(5) DERIVATION OF AMOUNT TO BE TRANS-
(B) not later than 5 years after the date of en- (A) to evaluate the capability of the State to FERRED.—The amount to be transferred under
actment of this Act, a report that— provide adequate parking and rest facilities for paragraph (2) may be derived from the fol-
(i) describes the results of the review con- commercial motor vehicles engaged in interstate lowing:
ducted under paragraph (1)(B); and transportation; ‘‘(A) The apportionment of the State under
(ii) identifies any change in the timing for (B) to assess the volume of commercial motor section 104(b)(l).
completions, including the reasons for any such vehicle traffic in the State; and ‘‘(B) The apportionment of the State under
change and the reasons for delays in excess of (C) to develop a system of metrics to measure section 104(b)(2).’’.
5 years. the adequacy of commercial motor vehicle park- SEC. 1403. MINIMUM PENALTIES FOR REPEAT OF-
(b) ADDITIONAL REPORT.—Not later than 2 ing facilities in the State. FENDERS FOR DRIVING WHILE IN-
years after the date of enactment of this Act, (2) RESULTS.—The results of the survey under TOXICATED OR DRIVING UNDER THE
the Secretary shall submit to the Committee on paragraph (1) shall be made available to the INFLUENCE.
Transportation and Infrastructure of the House public on the website of the Department of (a) DEFINITIONS.—Section 164(a) of title 23,
of Representatives and the Committee on Envi- Transportation. United States Code, is amended—
ronment and Public Works of the Senate a re- (3) PERIODIC UPDATES.—The Secretary shall (1) by striking paragraph (3);
port on the types and justification for the addi- periodically update the survey under this sub- (2) by redesignating paragraphs (4) and (5) as
tional categorical exclusions granted under the section. paragraphs (3) and (4), respectively; and
authority provided under sections 1316 and 1317. (d) ELECTRIC VEHICLE AND NATURAL GAS VE- (3) in paragraph (4) (as so redesignated) by
(c) GAO REPORT.—The Comptroller General of HICLE INFRASTRUCTURE.— striking subparagraph (A) and inserting the fol-
the United States shall— (1) IN GENERAL.—Except as provided in para- lowing:
(1) assess the reforms carried out under this graph (2), a State may establish electric vehicle ‘‘(A) receive—
subtitle (including the amendments made by this charging stations or natural gas vehicle refuel- ‘‘(i) a suspension of all driving privileges for
subtitle); and ing stations for the use of battery-powered or not less than 1 year; or
(2) not later than 5 years after the date of en-
natural gas-fueled trucks or other motor vehi- ‘‘(ii) a suspension of unlimited driving privi-
actment of this Act, submit to the Committee on
cles at any parking facility funded or author- leges for 1 year, allowing for the reinstatement
Transportation and Infrastructure of the House
ized under this Act or title 23, United States of limited driving privileges subject to restric-
of Representatives and the Committee on Envi-
Code. tions and limited exemptions as established by
ronment and Public Works of the Senate a re-
(2) EXCEPTION.—Electric vehicle battery State law, if an ignition interlock device is in-
port that describes the results of the assessment.
charging stations or natural gas vehicle refuel- stalled for not less than 1 year on each of the
(d) INSPECTOR GENERAL REPORT.—The Inspec-
ing stations may not be established or supported motor vehicles owned or operated, or both, by
tor General of the Department of Transpor-
under paragraph (1) if commercial establish- the individual;’’.
tation shall—
(1) assess the reforms carried out under this ments serving motor vehicle users are prohibited (b) TRANSFER OF FUNDS.—Section 164(b) of
subtitle (including the amendments made by this by section 111 of title 23, United States Code. title 23, United States Code, is amended—
subtitle); and (3) FUNDS.—Charging or refueling stations de- (1) by striking paragraph (2) and inserting the
(2) submit to the Committee on Transportation scribed in paragraph (1) shall be eligible for the following:
and Infrastructure of the House of Representa- same funds as are available for the parking fa- ‘‘(2) FISCAL YEAR 2012 AND THEREAFTER.—
tives and the Committee on Environment and cilities in which the stations are located. ‘‘(A) RESERVATION OF FUNDS.—On October 1,
Public Works of the Senate— (e) TREATMENT OF PROJECTS.—Notwith- 2011, and each October 1 thereafter, if a State
(A) not later than 2 years after the date of en- standing any other provision of law, projects has not enacted or is not enforcing a repeat in-
actment of this Act, an initial report of the find- funded through the authority provided under toxicated driver law, the Secretary shall reserve
ings of the Inspector General; and this section shall be treated as projects on a an amount equal to 2.5 percent of the funds to
(B) not later than 4 years after the date of en- Federal-aid highway under chapter 1 of title 23, be apportioned to the State on that date under
actment of this Act, a final report of the find- United States Code. each of paragraphs (1) and (2) of section 104(b)
ings. SEC. 1402. OPEN CONTAINER REQUIREMENTS. until the State certifies to the Secretary the
Subtitle D—Highway Safety Section 154(c) of title 23, United States Code, means by which the States will use those re-
is amended— served funds among the uses authorized under
SEC. 1401. JASON’S LAW.
(1) by striking paragraph (2) and inserting the subparagraphs (A) and (B) of paragraph (1),
(a) IN GENERAL.—It is the sense of Congress and paragraph (3).
following:
that it is a national priority to address projects ‘‘(B) TRANSFER OF FUNDS.—As soon as prac-
‘‘(2) FISCAL YEAR 2012 AND THEREAFTER.—
under this section for the shortage of long-term ticable after the date of receipt of a certification
‘‘(A) RESERVATION OF FUNDS.—On October 1,
parking for commercial motor vehicles on the from a State under subparagraph (A), the Sec-
2011, and each October 1 thereafter, if a State
National Highway System to improve the safety retary shall—
has not enacted or is not enforcing an open con-
of motorized and nonmotorized users and for ‘‘(i) transfer the reserved funds identified by
tainer law described in subsection (b), the Sec-
commercial motor vehicle operators. the State for use as described in subparagraphs
retary shall reserve an amount equal to 2.5 per-
(b) ELIGIBLE PROJECTS.—Eligible projects (A) and (B) of paragraph (1) to the apportion-
cent of the funds to be apportioned to the State
under this section are those that—
on that date under each of paragraphs (1) and ment of the State under section 402; and
(1) serve the National Highway System; and
(2) of section 104(b) until the State certifies to ‘‘(ii) release the reserved funds identified by
(2) may include the following:
(A) Constructing safety rest areas (as defined the Secretary the means by which the State will the State as described in paragraph (3).’’;
in section 120(c) of title 23, United States Code) use those reserved funds in accordance with (2) by striking paragraph (3) and inserting the
that include parking for commercial motor vehi- subparagraphs (A) and (B) of paragraph (1) following:
cles. and paragraph (3). ‘‘(3) USE FOR HIGHWAY SAFETY IMPROVEMENT
(B) Constructing commercial motor vehicle ‘‘(B) TRANSFER OF FUNDS.—As soon as prac- PROGRAM.—
parking facilities adjacent to commercial truck ticable after the date of receipt of a certification ‘‘(A) IN GENERAL.—A State may elect to use all
stops and travel plazas. from a State under subparagraph (A), the Sec- or a portion of the funds transferred under
(C) Opening existing facilities to commercial retary shall— paragraph (2) for activities eligible under sec-
motor vehicle parking, including inspection and ‘‘(i) transfer the reserved funds identified by tion 148.
weigh stations and park-and-ride facilities. the State for use as described in subparagraphs ‘‘(B) STATE DEPARTMENTS OF TRANSPOR-
(D) Promoting the availability of publicly or (A) and (B) of paragraph (1) to the apportion- TATION.—If the State makes an election under
privately provided commercial motor vehicle ment of the State under section 402; and subparagraph (A), the funds shall be trans-
parking on the National Highway System using ‘‘(ii) release the reserved funds identified by ferred to the department of transportation of the
intelligent transportation systems and other the State as described in paragraph (3).’’; State, which shall be responsible for the admin-
means. (2) by striking paragraph (3) and inserting the istration of the funds.’’; and
(E) Constructing turnouts along the National following: (3) by striking paragraph (5) and inserting the
Highway System for commercial motor vehicles. ‘‘(3) USE FOR HIGHWAY SAFETY IMPROVEMENT following:
(F) Making capital improvements to public PROGRAM.— ‘‘(5) DERIVATION OF AMOUNT TO BE TRANS-
commercial motor vehicle parking facilities cur- ‘‘(A) IN GENERAL.—A State may elect to use all FERRED.—The amount to be transferred under
rently closed on a seasonal basis to allow the fa- or a portion of the funds transferred under paragraph (2) may be derived from the fol-
cilities to remain open year-round. paragraph (2) for activities eligible under sec- lowing:
(G) Improving the geometric design of inter- tion 148. ‘‘(A) The apportionment of the State under
changes on the National Highway System to im- ‘‘(B) STATE DEPARTMENTS OF TRANSPOR- section 104(b)(1).
prove access to commercial motor vehicle park- TATION.—If the State makes an election under ‘‘(B) The apportionment of the State under
ing facilities. subparagraph (A), the funds shall be trans- section 104(b)(2).’’.
SEC. 1404. ADJUSTMENTS TO PENALTY PROVI- percent of the amount required to be appor- work zones conducted under traffic in areas
SIONS. tioned to any State under each of paragraphs that offer workers no means of escape (such as
(a) VEHICLE WEIGHT LIMITATIONS.—Section (1) and (2) of section 104(b) on the first day of tunnels and bridges), unless an engineering
127(a)(1) of title 23, United States Code, is each fiscal year beginning after September 30, study determines otherwise;
amended by striking ‘‘No funds shall be appor- 2011, if the State fails to meet the requirements (2) temporary longitudinal traffic barriers are
tioned in any fiscal year under section 104(b)(1) of paragraph (3) on the first day of the fiscal used to protect workers on highway construc-
of this title to any State which’’ and inserting year.’’; and tion projects in long-duration stationary work
‘‘The Secretary shall withhold 50 percent of the (2) by striking subsection (b) and inserting the zones when the project design speed is antici-
apportionment of a State under section 104(b)(1) following: pated to be high and the nature of the work re-
in any fiscal year in which the State’’. ‘‘(b) EFFECT OF NONCOMPLIANCE.—No funds quires workers to be within 1 lane-width from
(b) CONTROL OF JUNKYARDS.—Section 136 of withheld under this section from apportion- the edge of a live travel lane, unless—
title 23, United States Code, is amended— ments to any State shall be available for appor- (A) an analysis by the project sponsor deter-
(1) in subsection (b), in the first sentence— tionment to that State.’’. mines otherwise; or
(A) by striking ‘‘10 per centum’’ and inserting (h) ZERO TOLERANCE BLOOD ALCOHOL CON- (B) the project is outside of an urbanized area
‘‘7 percent’’; and CENTRATION FOR MINORS.—Section 161(a) of title and the annual average daily traffic load of the
(B) by striking ‘‘section 104 of this title’’ and 23, United States Code, is amended— applicable road is less than 100 vehicles per
inserting ‘‘paragraphs (1) through (5) of section (1) by striking paragraph (1); hour; and
104(b)’’; and (2) by redesignating paragraph (2) as para- (3) when positive protective devices are nec-
(2) by adding at the end the following: graph (1); essary for highway construction projects, those
‘‘(n) DEFINITIONS.—For purposes of this sec- (3) in paragraph (1) (as so redesignated)— devices are paid for on a unit-pay basis, unless
tion, the terms ‘primary system’ and ‘Federal- (A) by striking the paragraph heading and in- doing so would create a conflict with innovative
aid primary system’ mean any highway that is serting ‘‘PRIOR TO FISCAL YEAR 2012’’; and contracting approaches, such as design-build or
on the National Highway System, which in- (B) by inserting ‘‘through fiscal year 2011’’ some performance-based contracts under which
cludes the Interstate Highway System.’’. after ‘‘each fiscal year thereafter’’; and the contractor is paid to assume a certain risk
(c) ENFORCEMENT OF VEHICLE SIZE AND (4) by inserting after paragraph (1) (as so reallocation and payment is generally made on a
WEIGHT LAWS.—Section 141(b)(2) of title 23, designated) the following: lump-sum basis.
United States Code, is amended— ‘‘(2) FISCAL YEAR 2012 AND THEREAFTER.—The Subtitle E—Miscellaneous
(1) by striking ‘‘10 per centum’’ and inserting Secretary shall withhold an amount equal to 8 SEC. 1501. REAL-TIME RIDESHARING.
‘‘7 percent’’; and percent of the amount required to be appor-
(2) by striking ‘‘section 104 of this title’’ and Paragraph (3) of section 101(a) of title 23,
tioned to any State under each of paragraphs United States Code (as redesignated by section
inserting ‘‘paragraphs (1) through (5) of section (1) and (2) of section 104(b) on October 1, 2011,
104(b)’’. 1103(a)(2)), is amended by striking ‘‘and desig-
and on October 1 of each fiscal year thereafter, nating existing facilities for use for preferential
(d) PROOF OF PAYMENT OF THE HEAVY VEHI- if the State does not meet the requirement of
CLE USE TAX.—Section 141(c) of title 23, United parking for carpools’’ and inserting ‘‘desig-
paragraph (3) on that date.’’. nating existing facilities for use for preferential
States Code, is amended— (i) OPERATION OF MOTOR VEHICLES BY INTOXI-
(1) by striking ‘‘section 104(b)(4)’’ each place parking for carpools, and real-time ridesharing
CATED PERSONS.—Section 163(e) of title 23, projects, such as projects where drivers, using
it appears and inserting ‘‘section 104(b)(1)’’; and United States Code, is amended by striking
(2) in the first sentence by striking ‘‘25 per an electronic transfer of funds, recover costs di-
paragraphs (1) and (2) and inserting the fol- rectly associated with the trip provided through
centum’’ and inserting ‘‘8 percent’’.
lowing: the use of location technology to quantify those
(e) USE OF SAFETY BELTS.—Section 153(h) of
‘‘(1) FISCAL YEARS 2007 THROUGH 2011.—On Oc- direct costs, subject to the condition that the
title 23, United States Code, is amended—
tober 1, 2006, and October 1 of each fiscal year cost recovered does not exceed the cost of the
(1) by striking paragraph (1);
thereafter through fiscal year 2011, if a State trip provided’’.
(2) by redesignating paragraph (2) as para-
has not enacted or is not enforcing a law de-
graph (1); SEC. 1502. PROGRAM EFFICIENCIES.
scribed in subsection (a), the Secretary shall
(3) in paragraph (1) (as so redesignated)— The first sentence of section 102(b) of title 23,
(A) by striking the paragraph heading and in- withhold an amount equal to 8 percent of the
United States Code, is amended by striking
serting ‘‘PRIOR TO FISCAL YEAR 2012’’; and amounts to be apportioned to the State on that
‘‘made available for such engineering’’ and in-
(B) by inserting ‘‘and before October 1, 2011,’’ date under each of paragraphs (1), (3), and (4)
serting ‘‘reimbursed for the preliminary engi-
after ‘‘September 30, 1994,’’; and of section 104(b).
neering’’.
(4) by inserting after paragraph (1) (as so re- ‘‘(2) FISCAL YEAR 2012 AND THEREAFTER.—On
SEC. 1503. PROJECT APPROVAL AND OVERSIGHT.
designated) the following: October 1, 2011, and October 1 of each fiscal
year thereafter, if a State has not enacted or is (a) IN GENERAL.—Section 106 of title 23,
‘‘(2) FISCAL YEAR 2012 AND THEREAFTER.—If, at United States Code, is amended—
any time in a fiscal year beginning after Sep- not enforcing a law described in subsection (a),
the Secretary shall withhold an amount equal to (1) in subsection (a)(2) by inserting ‘‘recipi-
tember 30, 2011, a State does not have in effect ent’’ before ‘‘formalizing’’;
a law described in subsection (a)(2), the Sec- 6 percent of the amounts to be apportioned to
the State on that date under each of paragraphs (2) in subsection (c)—
retary shall transfer an amount equal to 2 per- (A) in paragraph (1)—
cent of the funds apportioned to the State for (1) and (2) of section 104(b).’’.
(i) in the heading, by striking ‘‘NON-INTER-
the succeeding fiscal year under each of para- (j) COMMERCIAL DRIVER’S LICENSE.—Section
STATE’’;
graphs (1) through (3) of section 104(b) to the 31314 of title 49, United States Code, is amend-
(ii) by striking ‘‘but not on the Interstate Sys-
apportionment of the State under section 402.’’. ed—
tem’’; and inserting ‘‘, including projects on the
(f) NATIONAL MINIMUM DRINKING AGE.—Sec- (1) by redesignating subsection (c) as sub-
Interstate System’’; and
tion 158(a)(1) of title 23, United States Code, is section (d); and
(iii) by striking ‘‘of projects’’ and all that fol-
amended— (2) by inserting after subsection (b) the fol-
lows through the period at the end and insert-
(1) by striking ‘‘The Secretary’’ and inserting lowing:
ing ‘‘with respect to the projects unless the Sec-
the following: ‘‘(c) PENALTIES IMPOSED IN FISCAL YEAR 2012
retary determines that the assumption is not ap-
‘‘(A) FISCAL YEARS BEFORE 2012.—The Sec- AND THEREAFTER.—Effective beginning on Octo-
propriate.’’; and
retary’’; and ber 1, 2011—
(B) by striking paragraph (4) and inserting
(2) by adding at the end the following: ‘‘(1) the penalty for the first instance of non-
the following:
‘‘(B) FISCAL YEAR 2012 AND THEREAFTER.—For compliance by a State under this section shall be
‘‘(4) LIMITATION ON INTERSTATE PROJECTS.—
fiscal year 2012 and each fiscal year thereafter, not more than an amount equal to 4 percent of ‘‘(A) IN GENERAL.—The Secretary shall not as-
the amount to be withheld under this section funds required to be apportioned to the non- sign any responsibilities to a State for projects
shall be an amount equal to 8 percent of the compliant State under paragraphs (1) and (2) of the Secretary determines to be in a high risk
amount apportioned to the noncompliant State, section 104(b) of title 23; and category, as defined under subparagraph (B).
as described in subparagraph (A), under para- ‘‘(2) the penalty for subsequent instances of ‘‘(B) HIGH RISK CATEGORIES.—The Secretary
graphs (1) and (2) of section 104(b).’’. noncompliance shall be not more than an may define the high risk categories under this
(g) DRUG OFFENDERS.—Section 159 of title 23, amount equal to 8 percent of funds required to subparagraph on a national basis, a State-by-
United States Code, is amended— be apportioned to the noncompliant State under State basis, or a national and State-by-State
(1) in subsection (a)— paragraphs (1) and (2) of section 104(b) of title basis, as determined to be appropriate by the
(A) by striking paragraph (1); 23.’’. Secretary.’’;
(B) by redesignating paragraph (2) as para- SEC. 1405. HIGHWAY WORKER SAFETY. (3) in subsection (e)—
graph (1); Not later than 60 days after the date of enact- (A) in paragraph (1)(A)—
(C) in paragraph (1) (as so redesignated) by ment of this Act, the Secretary shall modify sec- (i) in the matter preceding clause (i)—
striking ‘‘(including any amounts withheld tion 630.1108(a) of title 23, Code of Federal Reg- (I) by striking ‘‘concept’’ and inserting ‘‘plan-
under paragraph (1))’’; and ulations (as in effect on the date of enactment ning’’; and
(D) by inserting after paragraph (1) (as so re- of this Act), to ensure that— (II) by striking ‘‘multidisciplined’’ and insert-
designated) the following: (1) at a minimum, positive protective measures ing ‘‘multidisciplinary’’; and
‘‘(2) FISCAL YEAR 2012 AND THEREAFTER.—The are used to separate workers on highway con- (ii) by striking clause (i) and inserting the fol-
Secretary shall withhold an amount equal to 8 struction projects from motorized traffic in all lowing:
‘‘(i) providing the needed functions safely, re- vanced modeling technology’ means an avail- scribed in paragraph (1) for the 1-year period
liably, and at the lowest overall lifecycle cost;’’; able or developing technology, including 3-di- ending on the date on which the report is sub-
(B) in paragraph (2)— mensional digital modeling, that can— mitted.
(i) in the matter preceding subparagraph (A) ‘‘(A) accelerate and improve the environ- SEC. 1504. STANDARDS.
by striking ‘‘or other cost-reduction analysis’’; mental review process; Section 109 of title 23, United States Code, is
(ii) in subparagraph (A)— ‘‘(B) increase effective public participation; amended by adding at the end the following:
(I) by striking ‘‘Federal-aid system’’ and in- ‘‘(C) enhance the detail and accuracy of ‘‘(r) PAVEMENT MARKINGS.—The Secretary
serting ‘‘National Highway System receiving project designs; shall not approve any pavement markings
Federal assistance’’; and ‘‘(D) increase safety; project that includes the use of glass beads con-
(II) by striking ‘‘$25,000,000’’ and inserting ‘‘(E) accelerate construction, and reduce containing more than 200 parts per million of ar-
‘‘$50,000,000’’; and struction costs; or senic or lead, as determined in accordance with
(iii) in subparagraph (B)— ‘‘(F) otherwise expedite project delivery with
(I) by inserting ‘‘on the National Highway Environmental Protection Agency testing meth-
respect to transportation projects that receive ods 3052, 6010B, or 6010C.’’.
System receiving Federal assistance’’ after ‘‘a Federal funding.
bridge project’’; and SEC. 1505. JUSTIFICATION REPORTS FOR ACCESS
‘‘(2) PROGRAM.—With respect to transpor- POINTS ON THE INTERSTATE SYS-
(II) by striking ‘‘$20,000,000’’ and inserting tation projects that receive Federal funding, the TEM.
‘‘$40,000,000’’; and Secretary shall encourage the use of advanced
(C) by striking paragraph (4) and inserting Section 111 of title 23, United States Code, is
modeling technologies during environmental, amended by adding at the end the following:
the following: planning, financial management, design, sim-
‘‘(4) REQUIREMENTS.— ‘‘(e) JUSTIFICATION REPORTS.—If the Secretary
ulation, and construction processes of the requests or requires a justification report for a
‘‘(A) VALUE ENGINEERING PROGRAM.—The projects.
State shall develop and carry out a value engi- project that would add a point of access to, or
‘‘(3) ACTIVITIES.—In carrying out paragraph exit from, the Interstate System, the Secretary
neering program that— (2), the Secretary shall—
‘‘(i) establishes and documents value engi- may permit a State transportation department to
‘‘(A) compile information relating to advanced
neering program policies and procedures; approve the report.’’.
modeling technologies, including industry best
‘‘(ii) ensures that the required value engineer- SEC. 1506. CONSTRUCTION.
practices with respect to the use of the tech-
ing analysis is conducted before completing the Section 114(b) of title 23, United States Code,
nologies;
final design of a project; ‘‘(B) disseminate to States information relat- is amended—
‘‘(iii) ensures that the value engineering anal- (1) in subsection (b)—
ing to advanced modeling technologies, includ-
ysis that is conducted, and the recommendations (A) by striking paragraph (1) and inserting
ing industry best practices with respect to the
developed and implemented for each project, are the following:
use of the technologies; and
documented in a final value engineering report; ‘‘(1) LIMITATION ON CONVICT LABOR.—Convict
‘‘(C) promote the use of advanced modeling
and labor shall not be used in construction of Fed-
technologies.
‘‘(iv) monitors, evaluates, and annually sub- eral-aid highways or portions of Federal-aid
‘‘(4) COMPREHENSIVE PLAN.—The Secretary
mits to the Secretary a report that describes the highways unless the labor is performed by con-
shall develop and publish on the public website
results of the value analyses that are conducted victs who are on parole, supervised release, or
of the Department of Transportation a detailed
and the recommendations implemented for each probation.’’; and
and comprehensive plan for the implementation
of the projects described in paragraph (2) that (B) in paragraph (3) by inserting ‘‘in existence
of paragraph (2).’’.
are completed in the State. during that period’’ after ‘‘located on a Federal-
(b) REVIEW OF OVERSIGHT PROGRAM.—
‘‘(B) BRIDGE PROJECTS.—The value engineer- aid system’’; and
(1) IN GENERAL.—The Secretary shall review
ing analysis for a bridge project under para- (2) by adding at the end the following:
the oversight program established under section
graph (2) shall— ‘‘(d) VETERANS EMPLOYMENT.—–
106(g) of title 23, United States Code, to deter-
‘‘(i) include bridge superstructure and sub- ‘‘(1) IN GENERAL.—Subject to paragraph (2), a
mine the efficacy of the program in monitoring
structure requirements based on construction recipient of Federal financial assistance under
the effective and efficient use of funds author-
material; and this chapter shall, to the extent practicable, en-
‘‘(ii) be evaluated by the State— ized to carry out title 23, United States Code.
(2) MINIMUM REQUIREMENTS FOR REVIEW.—At courage contractors working on a highway
‘‘(I) on engineering and economic bases, tak- project funded using the assistance to make a
ing into consideration acceptable designs for a minimum, the review under paragraph (1)
shall assess the capability of the program to— best faith effort in the hiring or referral of la-
bridges; and borers on any project for the construction of a
‘‘(II) using an analysis of lifecycle costs and (A) identify projects funded under title 23,
United States Code, for which there are cost or highway to veterans (as defined in section 2108
duration of project construction. of title 5) who have the requisite skills and abili-
‘‘(5) DESIGN-BUILD PROJECTS.—A requirement schedule overruns; and
(B) evaluate the extent of such overruns. ties to perform the construction work required
to provide a value engineering analysis under under the contract.
this subsection shall not apply to a project de- (3) REPORT TO CONGRESS.—Not later than 2
years after the date of enactment of this Act, ‘‘(2) ADMINISTRATION.—This subsection shall
livered using the design-build method of con- not—
struction.’’; the Secretary shall transmit to the Committee on
Transportation and Infrastructure of the House ‘‘(A) apply to projects subject to section
(4) in subsection (h)— 140(d); or
(A) in paragraph (1)(B) by inserting ‘‘, includ- of Representatives and the Committee on Envi-
ronment and Public Works of the Senate a re- ‘‘(B) be administered or enforced in any man-
ing a phasing plan when applicable’’ after ‘‘fi- ner that would require an employer to give a
nancial plan’’; and port on the results of the review conducted
under paragraph (1), which shall include rec- preference to any veteran over any equally
(B) by striking paragraph (3) and inserting
ommendations for legislative changes to improve qualified applicant who is a member of any ra-
the following:
the oversight program established under section cial or ethnic minority, a female, or any equally
‘‘(3) FINANCIAL PLAN.—A financial plan—
‘‘(A) shall be based on detailed estimates of 106(g) of title 23, United States Code. qualified former employee.’’.
the cost to complete the project; (c) TRANSPARENCY AND ACCOUNTABILITY.— SEC. 1507. MAINTENANCE.
‘‘(B) shall provide for the annual submission (1) DATA COLLECTION.—The Secretary shall Section 116 of title 23, United States Code, is
of updates to the Secretary that are based on compile and make available on the public amended—
reasonable assumptions, as determined by the website of the Department of Transportation the (1) by redesignating subsections (a) through
Secretary, of future increases in the cost to com- annual expenditure data for funds made avail- (d) as subsections (b) through (e), respectively;
plete the project; able under title 23 and chapter 53 of title 49, (2) by inserting before subsection (b) (as so re-
‘‘(C) may include a phasing plan that identi- United States Code. designated) the following:
fies fundable incremental improvements or (2) REQUIREMENTS.—In carrying out para- ‘‘(a) DEFINITIONS.—In this section, the fol-
phases that will address the purpose and the graph (1), the Secretary shall ensure that the lowing definitions apply:
need of the project in the short term in the event data made available on the public website of the ‘‘(1) PREVENTIVE MAINTENANCE.—The term
there are insufficient financial resources to com- Department of Transportation— ‘preventive maintenance’ includes pavement
plete the entire project. If a phasing plan is (A) is organized by project and State; preservation programs and activities.
adopted for a project pursuant to this section, (B) to the maximum extent practicable, is up- ‘‘(2) PAVEMENT PRESERVATION PROGRAMS AND
the project shall be deemed to satisfy the fiscal dated regularly to reflect the current status of ACTIVITIES.—The term ‘pavement preservation
constraint requirements in the statewide and obligations, expenditures, and Federal-aid programs and activities’ means programs and
metropolitan planning requirements in sections projects; and activities employing a network level, long-term
134 and 135; and (C) can be searched and downloaded by users strategy that enhances pavement performance
‘‘(D) shall assess the appropriateness of a of the website. by using an integrated, cost-effective set of
public-private partnership to deliver the (3) REPORT TO CONGRESS.—The Secretary shall practices that extend pavement life, improve
project.’’; and annually submit to the Committee on Transpor- safety, and meet road user expectations.’’;
(5) by adding at the end the following: tation and Infrastructure of the House of Rep- (3) in subsection (b) (as so redesignated)—
‘‘(j) USE OF ADVANCED MODELING TECH- resentatives and the Committee on Environment (A) in the first sentence, by inserting ‘‘or
NOLOGIES.— and Public Works and the Committee on Bank- other direct recipient’’ before ‘‘to maintain’’;
‘‘(1) DEFINITION OF ADVANCED MODELING ing, Housing, and Urban Affairs of the Senate and
TECHNOLOGY.—In this subsection, the term ‘ad- a report containing a summary of the data de- (B) by striking the second sentence;
(4) by striking subsection (c) (as so redesig- be appropriated to carry out the tribal transpor- way on the Interstate System) and conversion of
nated) and inserting the following: tation program under section 202 and the Fed- that highway, bridge, or tunnel to a tolled facil-
‘‘(c) AGREEMENT.—In any State in which the eral lands transportation program under section ity, if the number of toll-free lanes, excluding
State transportation department or other direct 203 may be used to pay the non-Federal share of auxiliary lanes, after the construction is not less
recipient is without legal authority to maintain the cost of any project that is funded under this than the number of toll-free lanes, excluding
a project described in subsection (b), the trans- title or chapter 53 of title 49 and that provides auxiliary lanes, before the construction;
portation department or direct recipient shall access to or within Federal or tribal land.’’. ‘‘(C) initial construction of 1 or more lanes or
enter into a formal agreement with the appro- SEC. 1509. TRANSFERABILITY OF FEDERAL-AID other improvements that increase the capacity
priate officials of the county or municipality in HIGHWAY FUNDS. of a highway, bridge, or tunnel on the Inter-
which the project is located to provide for the (a) IN GENERAL.—Section 126 of title 23, state System and conversion of that highway,
maintenance of the project.’’; and United States Code, is amended to read as fol- bridge, or tunnel to a tolled facility, if the num-
(5) in the first sentence of subsection (d) (as so lows: ber of toll-free non-HOV lanes, excluding auxil-
redesignated) by inserting ‘‘or other direct re- ‘‘§ 126. Transferability of Federal-aid highway iary lanes, after such construction is not less
cipient’’ after ‘‘State transportation depart- funds than the number of toll-free non-HOV lanes, ex-
ment’’. cluding auxiliary lanes, before such construc-
‘‘(a) IN GENERAL.—Notwithstanding any other tion;
SEC. 1508. FEDERAL SHARE PAYABLE.
provision of law, subject to subsection (b), a ‘‘(D) reconstruction, resurfacing, restoration,
Section 120 of title 23, United States Code, is State may transfer from an apportionment
amended— rehabilitation, or replacement of a toll highway,
under section 104(b) not to exceed 50 percent of bridge, or tunnel or approach to the highway,
(1) in the first sentence of subsection (c)(1)— the amount apportioned for the fiscal year to
(A) by inserting ‘‘maintaining minimum levels bridge, or tunnel;
any other apportionment of the State under that ‘‘(E) reconstruction or replacement of a toll-
of retroreflectivity of highway signs or pavement section.
markings,’’ after ‘‘traffic control signaliza- free bridge or tunnel and conversion of the
‘‘(b) APPLICATION TO CERTAIN SET-ASIDES.— bridge or tunnel to a toll facility;
tion,’’; ‘‘(1) IN GENERAL.—Funds that are subject to
(B) by inserting ‘‘shoulder and centerline ‘‘(F) reconstruction of a toll-free Federal-aid
sections 104(d) and 133(d) shall not be trans- highway (other than a highway on the Inter-
rumble strips and stripes,’’ after ‘‘pavement ferred under this section.
marking,’’; and state System) and conversion of the highway to
‘‘(2) FUNDS TRANSFERRED BY STATES.—Funds a toll facility;
(C) by striking ‘‘Federal-aid systems’’ and in- transferred by a State under this section of the ‘‘(G) reconstruction, restoration, or rehabilita-
serting ‘‘Federal-aid programs’’; funding reserved for the State under section 213 tion of a highway on the Interstate System if
(2) by striking subsection (e) and inserting the for a fiscal year may only come from the portion the number of toll-free non-HOV lanes, exclud-
following: of those funds that are available for obligation ing auxiliary lanes, after reconstruction, res-
‘‘(e) EMERGENCY RELIEF.—The Federal share in any area of the State under section toration, or rehabilitation is not less than the
payable for any repair or reconstruction pro- 213(c)(1)(B).’’. number of toll-free non-HOV lanes, excluding
vided for by funds made available under section (b) CONFORMING AMENDMENT.—The analysis auxiliary lanes, before reconstruction, restora-
125 for any project on a Federal-aid highway, for chapter 1 of title 23, United States Code, is tion, or rehabilitation;
including the Interstate System, shall not exceed amended by striking the item relating to section ‘‘(H) conversion of a high occupancy vehicle
the Federal share payable on a project on the 126 and inserting the following: lane on a highway, bridge, or tunnel to a toll
system as provided in subsections (a) and (b),
‘‘126. Transferability of Federal-aid highway facility; and
except that—
funds.’’. ‘‘(I) preliminary studies to determine the fea-
‘‘(1) the Federal share payable for eligible
SEC. 1510. IDLE REDUCTION TECHNOLOGY. sibility of a toll facility for which Federal par-
emergency repairs to minimize damage, protect
Section 127(a)(12) of title 23, United States ticipation is authorized under this paragraph.
facilities, or restore essential traffic accom- ‘‘(2) OWNERSHIP.—Each highway, bridge, tun-
plished within 180 days after the actual occur- Code, is amended—
(1) in subparagraph (B), by striking ‘‘400’’ nel, or approach to the highway, bridge, or tun-
rence of the natural disaster or catastrophic nel constructed under this subsection shall—
failure may amount to 100 percent of the cost of and inserting ‘‘550’’; and
(2) in subparagraph (C)(ii), by striking ‘‘400- ‘‘(A) be publicly owned; or
the repairs; ‘‘(B) be privately owned if the public author-
‘‘(2) the Federal share payable for any repair pound’’ and inserting ‘‘550-pound’’.
ity with jurisdiction over the highway, bridge,
or reconstruction of Federal land transportation SEC. 1511. SPECIAL PERMITS DURING PERIODS
OF NATIONAL EMERGENCY. tunnel, or approach has entered into a contract
facilities, Federal land access transportation fa- with 1 or more private persons to design, fi-
cilities, and tribal transportation facilities may Section 127 of title 23, United States Code, is
nance, construct, and operate the facility and
amount to 100 percent of the cost of the repair amended by inserting at the end the following:
the public authority will be responsible for com-
or reconstruction; ‘‘(i) SPECIAL PERMITS DURING PERIODS OF NA-
plying with all applicable requirements of this
‘‘(3) the Secretary shall extend the time period TIONAL EMERGENCY.—
title with respect to the facility.
in paragraph (1) taking into consideration any ‘‘(1) IN GENERAL.—Notwithstanding any other
‘‘(3) LIMITATIONS ON USE OF REVENUES.—
delay in the ability of the State to access dam- provision of this section, a State may issue spe-
‘‘(A) IN GENERAL.—A public authority with ju-
aged facilities to evaluate damage and the cost cial permits during an emergency to overweight
risdiction over a toll facility shall use all toll
of repair; and vehicles and loads that can easily be dismantled
revenues received from operation of the toll fa-
‘‘(4) the Federal share payable for eligible per- or divided if—
cility only for—
manent repairs to restore damaged facilities to ‘‘(A) the President has declared the emergency
‘‘(i) debt service with respect to the projects on
predisaster condition may amount to 90 percent to be a major disaster under the Robert T. Staf-
or for which the tolls are authorized, including
of the cost of the repairs if the eligible expenses ford Disaster Relief and Emergency Assistance
funding of reasonable reserves and debt service
incurred by the State due to natural disasters or Act (42 U.S.C. 5121 et seq.);
on refinancing;
catastrophic failures in a Federal fiscal year ex- ‘‘(B) the permits are issued in accordance with ‘‘(ii) a reasonable return on investment of any
ceeds the annual apportionment of the State State law; and private person financing the project, as deter-
under section 104 for the fiscal year in which ‘‘(C) the permits are issued exclusively to vehi- mined by the State or interstate compact of
the disasters or failures occurred.’’; cles and loads that are delivering relief supplies. States concerned;
(3) by striking subsection (g) and redesig- ‘‘(2) EXPIRATION.—A permit issued under ‘‘(iii) any costs necessary for the improvement
nating subsections (h) through (l) as subsections paragraph (1) shall expire not later than 120 and proper operation and maintenance of the
(g) through (k), respectively; days after the date of the declaration of emer- toll facility, including reconstruction, resur-
(4) in subsection (i)(1)(A) (as redesignated by gency under subparagraph (A) of that para- facing, restoration, and rehabilitation;
paragraph (3)) by striking ‘‘and the Appa- graph.’’. ‘‘(iv) if the toll facility is subject to a public-
lachian development highway system program SEC. 1512. TOLLING. private partnership agreement, payments that
under section 14501 of title 40’’; and (a) AMENDMENT TO TOLLING PROVISION.—Sec- the party holding the right to toll revenues owes
(5) by striking subsections (j) and (k) (as re- tion 129(a) of title 23, United States Code, is to the other party under the public-private part-
designated by paragraph (3)) and inserting the amended to read as follows: nership agreement; and
following: ‘‘(a) BASIC PROGRAM.— ‘‘(v) if the public authority certifies annually
‘‘(j) USE OF FEDERAL AGENCY FUNDS.—Not- ‘‘(1) AUTHORIZATION FOR FEDERAL PARTICIPA- that the tolled facility is being adequately main-
withstanding any other provision of law, any TION.—Subject to the provisions of this section, tained, any other purpose for which Federal
Federal funds other than those made available Federal participation shall be permitted on the funds may be obligated by a State under this
under this title and title 49 may be used to pay same basis and in the same manner as construc- title.
the non-Federal share of the cost of any trans- tion of toll-free highways is permitted under this ‘‘(B) ANNUAL AUDIT.—
portation project that is within, adjacent to, or chapter in the— ‘‘(i) IN GENERAL.—A public authority with ju-
provides access to Federal land, the Federal ‘‘(A) initial construction of a toll highway, risdiction over a toll facility shall conduct or
share of which is funded under this title or bridge, or tunnel or approach to the highway, have an independent auditor conduct an an-
chapter 53 of title 49. bridge, or tunnel; nual audit of toll facility records to verify ade-
‘‘(k) USE OF FEDERAL LAND AND TRIBAL ‘‘(B) initial construction of 1 or more lanes or quate maintenance and compliance with sub-
TRANSPORTATION FUNDS.—Notwithstanding any other improvements that increase capacity of a paragraph (A), and report the results of the au-
other provision of law, the funds authorized to highway, bridge, or tunnel (other than a high- dits to the Secretary.
‘‘(ii) RECORDS.—On reasonable notice, the of the cost of the project if the project has a rev- (1) in subsection (f)(1)—
public authority shall make all records of the enue source specifically dedicated to the project. (A) by striking ‘‘104(b)(4)’’ and inserting
public authority pertaining to the toll facility ‘‘(ii) DEDICATED REVENUE SOURCES.—Dedi- ‘‘104(b)(1)’’; and
available for audit by the Secretary. cated revenue sources for non-toll facilities in- (B) by inserting ‘‘including the addition of
‘‘(C) NONCOMPLIANCE.—If the Secretary conclude excise taxes, sales taxes, motor vehicle use electric vehicle charging stations or natural gas
cludes that a public authority has not complied fees, tax on real property, tax increment financ- vehicle refueling stations,’’ after ‘‘new facili-
with the limitations on the use of revenues de- ing, and such other dedicated revenue sources ties,’’; and
scribed in subparagraph (A), the Secretary may as the Secretary determines appropriate. (2) by adding at the end the following:
require the public authority to discontinue col- ‘‘(B) COMPLIANCE WITH FEDERAL LAWS.—As a ‘‘(g) FUNDING.—The addition of electric vehi-
lecting tolls until an agreement with the Sec- condition of receiving a loan under this para- cle charging stations or natural gas vehicle re-
retary is reached to achieve compliance with the graph, the public or private entity that receives fueling stations to new or previously funded
limitation on the use of revenues described in the loan shall ensure that the project will be parking facilities shall be eligible for funding
subparagraph (A). carried out in accordance with this title and under this section.’’.
‘‘(4) LIMITATIONS ON CONVERSION OF HIGH OC- any other applicable Federal law, including any (b) PUBLIC TRANSPORTATION.—Section
CUPANCY VEHICLE FACILITIES ON INTERSTATE SYS- applicable provision of a Federal environmental 142(a)(1) of title 23, United States Code, is
TEM.— law. amended by inserting ‘‘, which may include
‘‘(A) IN GENERAL.—A public authority with ju- ‘‘(C) SUBORDINATION OF DEBT.—The amount electric vehicle charging stations or natural gas
risdiction over a high occupancy vehicle facility of any loan received for a project under this vehicle refueling stations,’’ after ‘‘parking fa-
on the Interstate System may undertake recon- paragraph may be subordinated to any other cilities’’.
debt financing for the project. (c) FOREST DEVELOPMENT ROADS AND
struction, restoration, or rehabilitation under
‘‘(D) OBLIGATION OF FUNDS LOANED.—Funds TRAILS.—Section 205(d) of title 23, United States
paragraph (1)(G) on the facility, and may levy
loaned under this paragraph may only be obli- Code, is amended by inserting ‘‘, which may in-
tolls on vehicles, excluding high occupancy ve-
gated for projects under this paragraph. clude electric vehicle charging stations or nat-
hicles, using the reconstructed, restored, or re- ‘‘(E) REPAYMENT.—The repayment of a loan ural gas vehicle refueling stations,’’ after
habilitated facility, if the public authority— made under this paragraph shall commence not
‘‘(i) in the case of a high occupancy vehicle ‘‘parking areas’’.
later than 5 years after date on which the facil- SEC. 1514. HOV FACILITIES.
facility that affects a metropolitan area, submits ity that is the subject of the loan is open to traf-
to the Secretary a written assurance that the Section 166 of title 23, United States Code, is
fic. amended—
metropolitan planning organization designated ‘‘(F) TERM OF LOAN.—The term of a loan (1) in subsection (b)(5)—
under section 5203 of title 49 for the area has made under this paragraph shall not exceed 30 (A) in subparagraph (A) by striking ‘‘2009’’
been consulted concerning the placement and years from the date on which the loan funds are and inserting ‘‘2017’’;
amount of tolls on the converted facility; obligated. (B) in subparagraph (B) by striking ‘‘2009’’
‘‘(ii) develops, manages, and maintains a sys- ‘‘(G) INTEREST.—A loan made under this and inserting ‘‘2017’’; and
tem that will automatically collect the toll; and paragraph shall bear interest at or below market (C) in subparagraph (C)—
‘‘(iii) establishes policies and procedures— interest rates, as determined by the State, to (i) by striking ‘‘subparagraph (B)’’ and insert-
‘‘(I) to manage the demand to use the facility make the project that is the subject of the loan ing ‘‘this paragraph’’; and
by varying the toll amount that is charged; and feasible. (ii) by inserting ‘‘or equal to’’ after ‘‘less
‘‘(II) to enforce sanctions for violations of use ‘‘(H) REUSE OF FUNDS.—Amounts repaid to a than’’;
of the facility. State from a loan made under this paragraph (2) in subsection (c) by striking paragraph (3)
‘‘(B) EXEMPTION FROM TOLLS.—In levying may be obligated— and inserting the following:
tolls on a facility under subparagraph (A), a ‘‘(i) for any purpose for which the loan funds ‘‘(3) TOLL REVENUE.—Toll revenue collected
public authority may designate classes of vehi- were available under this title; and under this section is subject to the requirements
cles that are exempt from the tolls or charge dif- ‘‘(ii) for the purchase of insurance or for use of section 129(a)(3).’’; and
ferent toll rates for different classes of vehicles. as a capital reserve for other forms of credit en- (3) in subsection (d)(1)—
‘‘(5) SPECIAL RULE FOR FUNDING.— hancement for project debt in order to improve (A) in the matter preceding subparagraph
‘‘(A) IN GENERAL.—In the case of a toll facility credit market access or to lower interest rates for (A)—
under the jurisdiction of a public authority of a projects eligible for assistance under this title. (i) by striking ‘‘in a fiscal year shall certify’’
State (other than the State transportation de- ‘‘(I) GUIDELINES.—The Secretary shall estab- and inserting ‘‘shall submit to the Secretary a
partment), on request of the State transpor- lish procedures and guidelines for making loans report demonstrating that the facility is not al-
tation department and subject to such terms and under this paragraph. ready degraded, and that the presence of the ve-
conditions as the department and public author- ‘‘(9) STATE LAW PERMITTING TOLLING.—If a hicles will not cause the facility to become de-
ity may agree, the Secretary, working through State does not have a highway, bridge, or tun- graded, and certify’’; and
the State department of transportation, shall re- nel toll facility as of the date of enactment of (ii) by striking ‘‘in the fiscal year’’;
imburse the public authority for the Federal the MAP–21, before commencing any activity (B) in subparagraph (A) by inserting ‘‘and
share of the costs of construction of the project authorized under this section, the State shall submitting to the Secretary annual reports of
carried out on the toll facility under this sub- have in effect a law that permits tolling on a those impacts’’ after ‘‘adjacent highways’’;
highway, bridge, or tunnel. (C) in subparagraph (C) by striking ‘‘if the
section in the same manner and to the same ex-
‘‘(10) DEFINITIONS.—In this subsection, the presence of the vehicles has degraded the oper-
tent as the department would be reimbursed if
following definitions apply: ation of the facility’’ and inserting ‘‘whenever
the project was being carried out by the depart-
‘‘(A) HIGH OCCUPANCY VEHICLE; HOV.—The the operation of the facility is degraded’’; and
ment.
term ‘high occupancy vehicle’ or ‘HOV’ means a (D) by adding at the end the following:
‘‘(B) SOURCE.—The reimbursement of funds ‘‘(D) MAINTENANCE OF OPERATING PERFORM-
under this paragraph shall be from sums appor- vehicle with not fewer than 2 occupants.
‘‘(B) INITIAL CONSTRUCTION.— ANCE.—Not later than 180 days after the date on
tioned to the State under this chapter and avail- ‘‘(i) IN GENERAL.—The term ‘initial construc- which a facility is degraded pursuant to the
able for obligations on projects on the Federal- tion’ means the construction of a highway, standard specified in paragraph (2), the State
aid system in the State on which the project is bridge, tunnel, or other facility at any time be- agency with jurisdiction over the facility shall
being carried out. fore it is open to traffic. bring the facility into compliance with the min-
‘‘(6) LIMITATION ON FEDERAL SHARE.—The ‘‘(ii) EXCLUSIONS.—The term ‘initial construc- imum average operating speed performance
Federal share payable for a project described in tion’ does not include any improvement to a standard through changes to operation of the
paragraph (1) shall be a percentage determined highway, bridge, tunnel, or other facility after facility, including—
by the State, but not to exceed 80 percent. it is open to traffic. ‘‘(i) increasing the occupancy requirement for
‘‘(7) MODIFICATIONS.—If a public authority ‘‘(C) PUBLIC AUTHORITY.—The term ‘public HOV lanes;
(including a State transportation department) authority’ means a State, interstate compact of ‘‘(ii) varying the toll charged to vehicles al-
with jurisdiction over a toll facility subject to an States, or public entity designated by a State. lowed under subsection (b) to reduce demand;
agreement under this section or section 119(e), ‘‘(D) TOLL FACILITY.—The term ‘toll facility’ ‘‘(iii) discontinuing allowing non-HOV vehi-
as in effect on the day before the effective date means a toll highway, bridge, or tunnel or ap- cles to use HOV lanes under subsection (b); or
of title I of the Intermodal Surface Transpor- proach to the highway, bridge, or tunnel con- ‘‘(iv) increasing the available capacity of the
tation Efficiency Act of 1991 (105 Stat. 1915), re- structed under this subsection.’’. HOV facility.
quests modification of the agreement, the Sec- (b) ELECTRONIC TOLL COLLECTION INTEROPER- ‘‘(E) COMPLIANCE.—If the State fails to bring
retary shall modify the agreement to allow the ABILITY REQUIREMENTS.—Not later than 4 years a facility into compliance under subparagraph
continuation of tolls in accordance with para- after the date of enactment of this Act, all toll (D), the Secretary shall subject the State to ap-
graph (3) without repayment of Federal funds. facilities on the Federal-aid highways shall im- propriate program sanctions under section 1.36
‘‘(8) LOANS.— plement technologies or business practices that of title 23, Code of Federal Regulations (or suc-
‘‘(A) IN GENERAL.— provide for the interoperability of electronic toll cessor regulations), until the performance is no
‘‘(i) LOANS.—Using amounts made available collection programs. longer degraded.’’.
under this title, a State may loan to a public or SEC. 1513. MISCELLANEOUS PARKING AMEND- SEC. 1515. FUNDING FLEXIBILITY FOR TRANSPOR-
private entity constructing or proposing to con- MENTS. TATION EMERGENCIES.
struct under this section a toll facility or non- (a) FRINGE AND CORRIDOR PARKING FACILI- (a) IN GENERAL.—Chapter 1 of title 23, United
toll facility with a dedicated revenue source an TIES.—Section 137 of title 23, United States States Code (as amended by section 1311(a)), is
amount equal to all or part of the Federal share Code, is amended— amended by adding at the end the following:
‘‘§ 170. Funding flexibility for transportation SEC. 1519. CONSOLIDATION OF PROGRAMS; RE- process of section 105, a State’’ and inserting ‘‘A
emergencies PEAL OF OBSOLETE PROVISIONS. State’’.
‘‘(a) IN GENERAL.—Notwithstanding any other (a) CONSOLIDATION OF PROGRAMS.—From ad- (8) SECTION 133.—Paragraph (13) of section
provision of law, a State may use up to 100 per- ministrative funds made available under section 133(b) of title 23, United States Code (as amend-
cent of any covered funds of the State to repair 104(a) of title 23, United States Code, not less ed by section 1108(a)(3)), is amended by striking
or replace a transportation facility that has suf- than $3,000,000 for each of fiscal years 2013 and ‘‘under section 303.’’
fered serious damage as a result of a natural 2014 shall be made available— (9) SECTION 142.—Section 142 of title 23, United
(1) to carry out safety-related activities, in- States Code, is amended—
disaster or catastrophic failure from an external
cluding— (A) in subsection (a)—
cause.
(A) to carry out the operation lifesaver pro- (i) in paragraph (1)—
‘‘(b) DECLARATION OF EMERGENCY.—Funds
gram— (I) by striking ‘‘motor vehicles (other than
may be used under this section only for a dis-
(i) to provide public information and edu- rail)’’ and inserting ‘‘buses’’;
aster or emergency declared by the President
cation programs to help prevent and reduce (II) by striking ‘‘(hereafter in this section re-
pursuant to the Robert T. Stafford Disaster Re-
motor vehicle accidents, injuries, and fatalities; ferred to as ‘buses’)’’;
lief and Emergency Assistance Act (42 U.S.C.
and (III) by striking ‘‘Federal-aid systems’’ and
5121 et seq.).
(ii) to improve driver performance at railway- inserting ‘‘Federal-aid highways’’; and
‘‘(c) REPAYMENT.—Funds used under sub- highway crossings; and
section (a) shall be repaid to the program from (IV) by striking ‘‘Federal-aid system’’ and in-
(B) to provide work zone safety grants in ac- serting ‘‘Federal-aid highway’’; and
which the funds were taken in the event that cordance with subsections (a) and (b) of section
such repairs or replacement are subsequently (ii) in paragraph (2)—
1409 of the SAFETEA–LU (23 U.S.C. 401 note; (I) by striking ‘‘as a project on the the surface
covered by a supplemental appropriation of 119 Stat. 1232); and
funds. transportation program for’’; and
(2) to operate authorized safety-related clear- (II) by striking ‘‘section 104(b)(3)’’ and insert-
‘‘(d) DEFINITIONS.—In this section, the fol- inghouses, including—
lowing definitions apply: ing ‘‘section 104(b)(2)’’;
(A) the national work zone safety information (B) in subsection (b) by striking ‘‘104(b)(4)’’
‘‘(1) COVERED FUNDS.—The term ‘covered clearinghouse authorized by section 358(b)(2) of
funds’ means any amounts apportioned to a and inserting ‘‘104(b)(1)’’;
the National Highway System Designation Act (C) in subsection (c)—
State under section 104(b), other than amounts of 1995 (23 U.S.C. 401 note; 109 Stat. 625); and
suballocated to metropolitan areas and other (i) by striking ‘‘system’’ in each place it ap-
(B) a public road safety clearinghouse in ac- pears and inserting ‘‘highway’’; and
areas of the State under section 133(d), but in- cordance with section 1411(a) of the SAFETEA–
cluding any such amounts required to be set (ii) by striking ‘‘highway facilities’’ and in-
LU (23 U.S.C. 402 note; 119 Stat. 1234). serting ‘‘highways eligible under the program
aside for a purpose other than the repair or re- (b) REPEALS.—
placement of a transportation facility under this that is the source of the funds’’;
(1) TITLE 23.— (D) in subsection (e)(2) by striking ‘‘Notwith-
section. (A) IN GENERAL.—Sections 105, 110, 117, 124,
‘‘(2) TRANSPORTATION FACILITY.—The term standing section 209(f)(1) of the Highway Rev-
151, 155, 157, 160, 212, 216, 303, and 309 of title enue Act of 1956, the Highway Trust Fund shall
‘transportation facility’ means any facility eligi- 23, United States Code, are repealed.
ble for assistance under section 125.’’. be available for making expenditures to meet ob-
(B) SET ASIDES.—Section 118 of title 23, United
(b) TECHNICAL AND CONFORMING AMEND- ligations resulting from projects authorized by
States Code, is amended—
subsection (a)(2) of this section and such
(i) by striking subsection (c); and
United States Code (as amended by section projects’’ and inserting ‘‘Projects authorized by
(ii) by redesignating subsections (d) and (e) as
1311(b)), is amended by adding at the end the subsection (a)(2)’’; and
subsections (c) and (d), respectively.
following: (E) in subsection (f) by striking ‘‘exits’’ and
(2) SAFETEA–LU.—Sections 1302, 1305, 1306,
inserting ‘‘exists’’.
‘‘170. Funding flexibility for transportation 1803, 1804, 1907, and 1958 of SAFETEA–LU
(10) SECTION 145.—Section 145(b) of title 23,
emergencies.’’. (Public Law 109–59) are repealed.
United States Code, is amended by striking ‘‘sec-
SEC. 1516. DEFENSE ACCESS ROAD PROGRAM EN-
(3) ADDITIONAL.—Section 1132 of the Energy
tion 117 of this title,’’.
HANCEMENTS TO ADDRESS TRANS- Independence and Security Act of 2007 (Public
(11) SECTION 218.—Section 218 of title 23,
PORTATION INFRASTRUCTURE IN Law 110–140; 121 Stat. 1763) is repealed.
United States Code, is amended—
THE VICINITY OF MILITARY INSTAL- (c) CONFORMING AMENDMENTS.—
LATIONS. (1) TITLE ANALYSIS.— (A) in subsection (a)—
(A) CHAPTER 1.—The analysis for chapter 1 of (i) by striking the first two sentences;
The second sentence of section 210(a)(2) of
title 23, United States Code, is amended by strik- (ii) in the third sentence—
title 23, United States Code, is amended by in-
ing the items relating to sections 105, 110, 117, (I) by striking ‘‘, in addition to such funds,’’;
serting ‘‘, in consultation with the Secretary of
124, 151, 155, 157, and 160. and
Transportation,’’ before ‘‘shall determine’’.
(B) CHAPTER 2.—The analysis for chapter 2 of (II) by striking ‘‘such highway or’’;
SEC. 1517. MAPPING. (iii) by striking the fourth sentence and fifth
(a) IN GENERAL.—Section 306 of title 23, title 23, United States Code, is amended by strik-
ing the items relating to sections 212 and 216. sentences;
United States Code, is amended— (B) by striking subsection (b); and
(1) in subsection (a) by striking ‘‘may’’ and (C) CHAPTER 3.—The analysis for chapter 3 of
title 23, United States Code, is amended by strik- (C) by redesignating subsection (c) as sub-
inserting ‘‘shall’’; section (b).
ing the items relating to sections 303 and 309.
(2) in subsection (b) in the second sentence by (12) SECTION 610.—Section 610(d)(1)(B) of title
(2) TABLE OF CONTENTS.—The table of con-
striking ‘‘State and’’ and inserting ‘‘State gov- 23, United States Code, is amended by striking
tents contained in section 1(b) of SAFETEA–LU
ernment and’’; and ‘‘under section 105’’.
(Public Law 109–59; 119 Stat. 1144) is amended
(3) by adding at the end the following: SEC. 1520. DENALI COMMISSION.
by striking the items relating to sections 1302,
‘‘(c) IMPLEMENTATION.—The Secretary shall The Denali Commission Act of 1998 (42 U.S.C.
1305, 1306, 1803, 1804, 1907, and 1958.
develop a process for the oversight and moni- 3121 note) is amended—
(3) SECTION 104.—Section 104(e) of title 23,
toring, on an annual basis, of the compliance of (1) in section 305, by striking subsection (c)
United States Code, is amended by striking ‘‘,
each State with the guidance issued under sub- and inserting the following:
105,’’.
section (b).’’. ‘‘(c) GIFTS.—
(4) SECTION 109.—Section 109(q) of title 23,
(b) SURVEY.—Not later than 2 years after the United States Code, is amended by striking ‘‘in ‘‘(1) IN GENERAL.—Except as provided in para-
date of enactment of this Act, the Secretary accordance with section 303 or’’. graph (2), the Commission, on behalf of the
shall conduct a survey of all States to determine (5) SECTION 118.—Section 118(b) of title 23, United States, may accept use, and dispose of
what percentage of projects carried out under United States Code, is amended— gifts or donations of services, property, or
title 23, United States Code, in each State utilize (A) by striking paragraph (1) and all that fol- money for purposes of carrying out this Act.
private sector sources for surveying and map- lows through the heading of paragraph (2); and ‘‘(2) CONDITIONAL.—With respect to condi-
ping services. (B) by striking ‘‘(other than for Interstate tional gifts—
SEC. 1518. BUY AMERICA PROVISIONS. construction)’’. ‘‘(A)(i) the Commission, on behalf of the
Section 313 of title 23, United States Code, is (6) SECTION 130.—Section 130 of title 23, United United States, may accept conditional gifts for
amended by adding at the end the following: States Code, is amended— purposes of carrying out this Act, if approved by
‘‘(g) APPLICATION TO HIGHWAY PROGRAMS.— (A) in subsection (e) by striking ‘‘section the Federal Cochairperson; and
The requirements under this section shall apply 104(b)(5)’’ and inserting ‘‘section 104(b)(3)’’; ‘‘(ii) the principal of and income from any
to all contracts eligible for assistance under this (B) in subsection (f)(1) by inserting ‘‘as in ef- such conditional gift shall be held, invested, re-
chapter for a project carried out within the fect on the day before the date of enactment of invested, and used in accordance with the con-
scope of the applicable finding, determination, the MAP–21’’ after ‘‘section 104(b)(3)(A)’’; and dition applicable to the gift; but
or decision under the National Environmental (C) in subsection (l) by striking paragraphs (3) ‘‘(B) no gift shall be accepted that is condi-
Policy Act of 1969 (42 U.S.C. 4321 et seq.), re- and (4). tioned on any expenditure not to be funded from
gardless of the funding source of such contracts, (7) SECTION 131.—Section 131(m) of title 23, the gift or from the income generated by the gift
if at least 1 contract for the project is funded United States Code, is amended by striking unless the expenditure has been approved by
with amounts made available to carry out this ‘‘Subject to approval by the Secretary in accord- Act of Congress.’’; and
title.’’. ance with the program of projects approval (2) by adding at the end the following:
‘‘SEC. 311. TRANSFER OF FUNDS FROM OTHER ‘‘SEC. 214. AGENCY COORDINATION. (A) in the matter preceding subparagraph (A)
FEDERAL AGENCIES. ‘‘(a) AGENCY CAPACITY.—Each Federal agency by striking ‘‘, for the period beginning on Octo-
‘‘(a) IN GENERAL.—Subject to subsection (c), responsible for funding or carrying out reloca- ber 6, 1992, and ending on October 1, 2009,’’;
for purposes of this Act, the Commission may tion and acquisition activities shall have ade- (B) in subparagraph (A) by striking ‘‘or’’ at
accept transfers of funds from other Federal quately trained personnel and such other re- the end;
agencies. sources as are necessary to manage and oversee (C) in subparagraph (B) by striking the period
‘‘(b) TRANSFERS.—Any Federal agency au- the relocation and acquisition program of the at the end and inserting ‘‘; or’’; and
thorized to carry out an activity that is within Federal agency in accordance with this Act. (D) by adding at the end the following:
the authority of the Commission may transfer to ‘‘(b) INTERAGENCY AGREEMENTS.—Not later ‘‘(C) any motor home (as defined in section
the Commission any appropriated funds for the than 1 year after the date of enactment of this 571.3 of title 49, Code of Federal Regulations (or
activity. section, each Federal agency responsible for successor regulation)).’’; and
‘‘(c) TREATMENT.—Any funds transferred to funding relocation and acquisition activities (3) in paragraph (2)(A) by striking ‘‘For the
the Commission under this subsection— (other than the agency serving as the lead agen- period beginning on the date of enactment of
‘‘(1) shall remain available until expended; cy) shall enter into a memorandum of under- this subparagraph and ending on September 30,
and standing with the lead agency that— 2009, a’’ and inserting ‘‘A’’.
‘‘(2) may, to the extent necessary to carry out ‘‘(1) provides for periodic training of the per- SEC. 1523. USE OF DEBRIS FROM DEMOLISHED
this Act, be transferred to, and merged with, the sonnel of the Federal agency, which in the case BRIDGES AND OVERPASSES.
amounts made available by appropriations Acts of a Federal agency that provides Federal fi- Section 1805(a) of the SAFETEA–LU (23
for the Commission by the Federal Cochair- nancial assistance, may include personnel of U.S.C. 144 note; 119 Stat. 1459) is amended by
person.’’. any displacing agency that receives Federal fi- striking ‘‘highway bridge replacement and reha-
SEC. 1521. UNIFORM RELOCATION ASSISTANCE nancial assistance; bilitation program under section 144’’ and in-
AND REAL PROPERTY ACQUISITION ‘‘(2) addresses ways in which the lead agency serting ‘‘national highway performance program
POLICIES ACT OF 1970 AMEND- may provide assistance and coordination to the under section 119’’.
MENTS.
Federal agency relating to compliance with the SEC. 1524. USE OF YOUTH SERVICE AND CON-
(a) MOVING AND RELATED EXPENSES.—Section Act on a program or project basis; and SERVATION CORPS.
202 of the Uniform Relocation Assistance and ‘‘(3) addresses the funding of the training, as- (a) IN GENERAL.—The Secretary shall encour-
Real Property Acquisition Policies Act of 1970 sistance, and coordination activities provided by age the States and regional transportation plan-
(42 U.S.C. 4622) is amended— the lead agency, in accordance with subsection ning agencies to enter into contracts and coop-
(1) in subsection (a)(4) by striking ‘‘$10,000’’ (c). erative agreements with qualified youth service
and inserting ‘‘$25,000, as adjusted by regula- ‘‘(c) INTERAGENCY PAYMENTS.— or conservation corps, as defined in sections
tion, in accordance with section 213(d)’’; and ‘‘(1) IN GENERAL.—For the fiscal year that be- 122(a)(2) of Public Law 101–610 (42 U.S.C.
(2) in the second sentence of subsection (c) by gins 1 year after the date of enactment of this 12572(a)(2)) and 106(c)(3) of Public Law 103–82
striking ‘‘$20,000’’ and inserting ‘‘$40,000, as ad- section, and each fiscal year thereafter, each (42 U.S.C. 12656(c)(3)) to perform appropriate
justed by regulation, in accordance with section Federal agency responsible for funding reloca- projects eligible under sections 162, 206, 213, and
213(d)’’. tion and acquisition activities (other than the 217 of title 23, United States Code, and under
(b) REPLACEMENT HOUSING FOR HOME- agency serving as the lead agency) shall trans- section 1404 of the SAFETEA–LU (119 Stat.
OWNERS.—The first sentence of section 203(a)(1) fer to the lead agency for the fiscal year, such 1228).
of the Uniform Relocation Assistance and Real funds as are necessary, but not less than (b) REQUIREMENTS.—Under any contract or
Property Acquisition Policies Act of 1970 (42 $35,000, to support the training, assistance, and cooperative agreement entered into with a quali-
U.S.C. 4623(a)(1)) is amended— coordination activities of the lead agency de- fied youth service or conservation corps under
(1) by striking ‘‘$22,500’’ and inserting scribed in subsection (b). this section, the Secretary shall—
‘‘$31,000, as adjusted by regulation, in accord- ‘‘(2) INCLUDED COSTS.—The cost to a Federal (1) set the amount of a living allowance or
ance with 213(d),’’; and agency of providing the funds described in para- rate of pay for each participant in such corps
(2) by striking ‘‘one hundred and eighty days graph (1) shall be included as part of the cost of at—
prior to’’ and inserting ‘‘90 days before’’. 1 or more programs or projects undertaken by (A) such amount or rate as required under
(c) REPLACEMENT HOUSING FOR TENANTS AND the Federal agency or with Federal financial as- State law in a State with such requirements; or
CERTAIN OTHERS.—Section 204 of the Uniform sistance that result in the displacement of per- (B) for corps in States not described in sub-
Relocation Assistance and Real Property Acqui- sons or the acquisition of real property.’’. paragraph (A), at such amount or rate as deter-
sition Policies Act of 1970 (42 U.S.C. 4624) is (f) COOPERATION WITH FEDERAL AGENCIES.— mined by the Secretary, not to exceed the max-
amended— Section 308 of title 23, United States Code, is imum living allowance authorized by section 140
(1) in the second sentence of subsection (a) by amended by striking subsection (a) and insert- of Public Law 101–610 (42 U.S.C. 12594); and
striking ‘‘$5,250’’ and inserting ‘‘$7,200, as ad- ing the following: (2) not subject such corps to the requirements
justed by regulation, in accordance with section ‘‘(a) AUTHORIZED ACTIVITIES.— of section 112 of title 23, United States Code.
213(d)’’; and ‘‘(1) IN GENERAL.—The Secretary may perform, SEC. 1525. STATE AUTONOMY FOR CULVERT PIPE
(2) in the second sentence of subsection (b) by by contract or otherwise, authorized engineering SELECTION.
striking ‘‘, except’’ and all that follows through or other services in connection with the survey,
the end of the subsection and inserting a period. Not later than 180 days after the date of en-
construction, maintenance, or improvement of actment of this Act, the Secretary shall modify
(d) DUTIES OF LEAD AGENCY.—Section 213 of highways for other Federal agencies, cooper-
the Uniform Relocation Assistance and Real section 635.411 of title 23, Code of Federal Regu-
ating foreign countries, and State cooperating lations (as in effect on the date of enactment of
Property Acquisition Policies Act of 1970 (42 agencies.
U.S.C. 4633) is amended— this Act), to ensure that States shall have the
‘‘(2) INCLUSIONS.—Services authorized under autonomy to determine culvert and storm sewer
(1) in subsection (b)— paragraph (1) may include activities authorized
(A) in paragraph (2) by striking ‘‘and’’ at the material types to be included in the construction
under section 214 of the Uniform Relocation As- of a project on a Federal-aid highway.
end; sistance and Real Property Acquisition Policies
(B) in paragraph (3) by striking the period at SEC. 1526. EVACUATION ROUTES.
Act of 1970.
the end and inserting ‘‘; and’’; and ‘‘(3) REIMBURSEMENT.—Reimbursement for Each State shall give adequate consideration
(C) by adding at the end the following: services carried out under this subsection (in- to the needs of evacuation routes in the State,
‘‘(4) that each Federal agency that has pro- cluding depreciation on engineering and road- including such routes serving or adjacent to fa-
grams or projects requiring the acquisition of building equipment) shall be credited to the ap- cilities operated by the Armed Forces, when al-
real property or causing a displacement from plicable appropriation.’’. locating funds apportioned to the State under
real property subject to the provisions of this (g) EFFECTIVE DATES.— title 23, United States Code, for the construction
Act shall provide to the lead agency an annual (1) IN GENERAL.—Except as provided in para- of Federal-aid highways.
summary report the describes the activities con- graph (2), the amendments made by this section SEC. 1527. CONSOLIDATION OF GRANTS.
ducted by the Federal agency.’’; and shall take effect on the date of enactment of this (a) DEFINITIONS.—In this section, the term
(2) by adding at the end the following: Act. ‘‘recipient’’ means—
‘‘(d) ADJUSTMENT OF PAYMENTS.—The head of (2) EXCEPTION.—The amendments made by (1) a State, local, or tribal government, includ-
the lead agency may adjust, by regulation, the subsections (a) through (c) shall take effect 2 ing—
amounts of relocation payments provided under years after the date of enactment of this Act. (A) a territory of the United States;
sections 202(a)(4), 202(c), 203(a), and 204(a) if SEC. 1522. EXTENSION OF PUBLIC TRANSIT VEHI- (B) a transit agency;
the head of the lead agency determines that cost CLE EXEMPTION FROM AXLE (C) a port authority;
of living, inflation, or other factors indicate that WEIGHT RESTRICTIONS. (D) a metropolitan planning organization; or
the payments should be adjusted to meet the Section 1023(h) of the Intermodal Surface (E) any other political subdivision of a State
policy objectives of this Act.’’. Transportation Efficiency Act of 1991 (23 U.S.C. or local government;
(e) AGENCY COORDINATION.—Title II of the 127 note; Public Law 102–240) is amended— (2) a multistate or multijurisdictional group, if
Uniform Relocation Assistance and Real Prop- (1) in the heading of paragraph (1) by striking each member of the group is an entity described
erty Acquisition Policies Act of 1970 is amended ‘‘TEMPORARY EXEMPTION’’ and inserting ‘‘EX- in paragraph (1); and
by inserting after section 213 (42 U.S.C. 4633) the EMPTION’’; (3) a public-private partnership, if both par-
following: (2) in paragraph (1)— ties are engaged in building the project.
(b) CONSOLIDATION.— (b) MODIFIED FEDERAL SHARE FOR PROJECTS Environment and Public Works of the Senate a
(1) IN GENERAL.—A recipient that receives ON ADHS.—For fiscal years 2012 through 2021, budget justification for each agency of the De-
multiple grant awards from the Department to the Federal share payable for the cost of con- partment concurrently with the annual budget
support 1 multimodal project may request that structing highways and access roads on the Ap- submission of the President to Congress under
the Secretary designate 1 modal administration palachian development highway system under section 1105(a) of title 31, United States Code.
in the Department to be the lead administering section 14501 of title 40, United States Code, SEC. 1533. PROHIBITION ON USE OF FUNDS FOR
authority for the overall project. with funds made available to a State for fiscal AUTOMATED TRAFFIC ENFORCE-
(2) NEW STARTS.—Any project that includes year 2012 or a previous fiscal year for the Appa- MENT.
funds awarded under section 5309 of title 49, lachian development highway system program, (a) DEFINITION OF AUTOMATED TRAFFIC EN-
United States Code, shall be exempt from con- or with funds made available for fiscal year 2012 FORCEMENT SYSTEM.—In this section, the term
solidation under this section unless the grant re- or a previous fiscal year for a specific project, ‘‘automated traffic enforcement system’’ means
cipient requests the Federal Transit Administra- route, or corridor on that system, shall be 100 any camera that captures an image of a vehicle
tion to be the lead administering authority. percent. for the purposes of traffic law enforcement.
(3) REVIEW.— (c) FEDERAL SHARE FOR OTHER FUNDS USED (b) USE OF FUNDS.—Except as provided in
(A) IN GENERAL.—Not later than 30 days after ON ADHS.—For fiscal years 2012 through 2021, subsection (c), for fiscal years 2013 and 2014,
the date on which a request under paragraph the Federal share payable for the cost of con- funds apportioned to a State under section
(1) is made, the Secretary shall review the re- structing highways and access roads on the Ap- 104(b)(3) of title 23, United States Code, may not
quest and approve or deny the designation of a palachian development highway system under be used for any program to purchase, operate,
single modal administration as the lead admin- section 14501 of title 40, United States Code, or maintain an automated traffic enforcement
istering authority and point of contact for the with Federal funds apportioned to a State for a system.
Department. program other than the Appalachian develop- (c) EXCEPTION.—Subsection (b) shall not
(B) NOTIFICATION.— ment highway system program shall be 100 per- apply to automated traffic enforcement systems
(i) IN GENERAL.—The Secretary shall notify cent. used to improve safety in school zones.
the requestor of the decision of the Secretary (d) COMPLETION PLAN.— SEC. 1534. PUBLIC-PRIVATE PARTNERSHIPS.
under subparagraph (A) in such form and at (1) IN GENERAL.—Subject to paragraph (2), not
such time as the Secretary and the requestor (a) BEST PRACTICES.—The Secretary shall
later than 1 year after the date of enactment of compile, and make available to the public on the
agree. the MAP–21, each State represented on the Ap-
(ii) DENIAL.—If a request is denied, the Sec- website of the Department, best practices on
palachian Regional Commission shall establish how States, public transportation agencies, and
retary shall provide the requestor with a de- a plan for the completion of the designated cor-
tailed explanation of the reasoning of the Sec- other public officials can work with the private
ridors of the Appalachian development highway sector in the development, financing, construc-
retary with the notification under clause (i). system within the State, including annual per-
(c) DUTIES.— tion, and operation of transportation facilities.
(1) IN GENERAL.—A modal administration des- formance targets, with a target completion date. (b) CONTENTS.—The best practices compiled
(2) SIGNIFICANT UNCOMPLETED MILES.—If the under subsection (a) shall include polices and
ignated as a lead administering authority under
percentage of remaining Appalachian develop- techniques to ensure that the interests of the
this section shall—
(A) be responsible for leading and coordi- ment highway system needs for a State, accord- traveling public and State and local govern-
nating the integrated project management team, ing to the latest cost to complete estimate for the ments are protected in any agreement entered
which shall consist of all of the other modal ad- Appalachian development highway system, is into with the private sector for the development,
ministrations in the Department relating to the greater than 15 percent of the total cost to com- financing, construction, and operation of trans-
multimodal project; and plete estimate for the entire Appalachian devel- portation facilities.
(B) to the extent feasible during the first 30 opment highway system, the State shall not es- (c) TECHNICAL ASSISTANCE.—The Secretary, on
days of carrying out the multimodal project, tablish a plan under paragraph (1) that would request, may provide technical assistance to
identify overlapping or duplicative regulatory result in a reduction of obligated funds for the States, public transportation agencies, and
requirements that exist for the project and pro- Appalachian development highway system with- other public officials regarding proposed public-
pose a single, streamlined approach to meeting in the State for any subsequent fiscal year. private partnership agreements for the develop-
all of the applicable regulatory requirements SEC. 1529. ENGINEERING JUDGMENT. ment, financing, construction, and operation of
through the activities described in subsection Not later than 90 days after the date of enact- transportation facilities, including assistance in
(d). ment of this Act, the Secretary shall issue guid- analyzing whether the use of a public-private
(2) ADMINISTRATION.— ance to State transportation departments clari- partnership agreement would provide value
(A) IN GENERAL.—The Secretary shall transfer fying that the standards, guidance, and options compared with traditional public delivery meth-
all amounts that have been awarded for the for design and application of traffic control de- ods.
multimodal project to the modal administration vices provided in the Manual on Uniform Traf- (d) STANDARD TRANSACTION CONTRACTS.—
designated as the lead administering authority. fic Control Devices should not be considered a (1) DEVELOPMENT.—Not later than 18 months
(B) OPTION.— substitute for engineering judgment. after the date of enactment of this Act, the Sec-
(i) IN GENERAL.—Participation under this sec- SEC. 1530. TRANSPORTATION TRAINING AND EM- retary shall develop standard public-private
tion shall be optional for recipients, and no re- PLOYMENT PROGRAMS. partnership transaction model contracts for the
cipient shall be required to participate. To encourage the development of careers in most popular types of public-private partner-
(ii) SECRETARIAL DUTIES.—The Secretary is the transportation field, the Secretary of Edu- ships for the development, financing, construc-
not required to identify every recipient that may cation and the Secretary of Labor are encour- tion, and operation of transportation facilities.
be eligible to participate under this section. aged to use funds for training and employment (2) USE.—The Secretary shall encourage
(d) COOPERATION.— education programs— States, public transportation agencies, and
(1) IN GENERAL.—The Secretary and modal ad- (1) to develop programs for transportation-re- other public officials to use the model contracts
ministrations with relevant jurisdiction over a lated careers and trades; and as a base template when developing their own
multimodal project should cooperate on project (2) to work with the Secretary to carry out public-private partnership agreements for the
review and delivery activities at the earliest programs developed under paragraph (1). development, financing, construction, and oper-
practicable time. SEC. 1531. NOTICE OF CERTAIN GRANT AWARDS. ation of transportation facilities.
(2) PURPOSES.—The purposes of the coopera-
(a) DEFINITION OF COVERED GRANT AWARD.— SEC. 1535. REPORT ON HIGHWAY TRUST FUND EX-
tion under paragraph (1) are—
(A) to avoid delays and duplication of effort In this section, the term ‘‘covered grant award’’ PENDITURES.
later in the process; means a grant award— (a) INITIAL REPORT.—Not later than 150 days
(B) to prevent potential conflicts; and (1) made— after the date of enactment of this Act, the
(C) to ensure that planning and project devel- (A) by the Department; and Comptroller General of the United States shall
opment decisions are made in a streamlined (B) with funds made available under this Act; submit to Congress a report describing the ac-
manner and consistent with applicable law. and tivities funded from the Highway Trust Fund
(e) APPLICABILITY.—Nothing in this section (2) in an amount equal to or greater than during each of fiscal years 2009 through 2011,
shall— $500,000. including for purposes other than construction
(1) supersede, amend, or modify the National (b) NOTICE.—Except to the extent otherwise and maintenance of highways and bridges.
Environmental Policy Act of 1969 (42 U.S.C. 4321 expressly provided in another provision of law, (b) UPDATES.—Not later than 5 years after the
et seq.) or any other Federal environmental law; at least 3 business days before a covered grant date on which the report is submitted under
or award is announced, the Secretary shall provide subsection (a) and every 5 years thereafter, the
(2) affect the responsibility of any Federal of- to the Committee on Transportation and Infra- Comptroller General of the United States shall
ficer to comply with or enforce any law de- structure of the House of Representatives and submit to Congress a report that updates the in-
scribed in paragraph (1). the Committee on Environment and Public formation provided in the report under that sub-
SEC. 1528. APPALACHIAN DEVELOPMENT HIGH- Works of the Senate written notice of the cov- section for the applicable 5-year period.
WAY SYSTEM. ered grant award. (c) INCLUSIONS.—A report submitted under
(a) SENSE OF THE SENATE.—It is the Sense of SEC. 1532. BUDGET JUSTIFICATION. subsection (a) or (b) shall include information
the Senate that the timely completion of the Ap- The Secretary shall submit to the Committee similar to the information included in the report
palachian development highway system is a on Transportation and Infrastructure of the of the Government Accountability Office num-
transportation priority in the national interest. House of Representatives and the Committee on bered ‘‘GAO–09–729R’’ and entitled ‘‘Highway
Trust Fund Expenditures on Purposes Other (2) SECRETARY.—The term ‘‘Secretary’’ means ‘‘(B) items designed to promote tourism in the
Than Construction and Maintenance of High- the Secretary of the Army, acting through the State, limited to books, DVDs, and other media;
ways and Bridges During Fiscal Years 2004– Chief of Engineers. ‘‘(C) tickets for events or attractions in the
2008’’. (b) EXPEDITED STUDY AND REPORT.— State of a historical or tourism-related nature;
SEC. 1536. SENSE OF CONGRESS ON HARBOR (1) IN GENERAL.—The Secretary shall— ‘‘(D) travel-related information, including
MAINTENANCE. (A) expedite completion of the report for the maps, travel booklets, and hotel coupon book-
(a) FINDINGS.—Congress finds that— study authorized by section 3061(d) of the Water lets; and
(1) there are 926 coastal, Great Lakes, and in- Resources Development Act of 2007 (Public Law ‘‘(E) lottery machines, provided that the pri-
land harbors maintained by the Corps of Engi- 110–114; 121 Stat. 1121); and ority afforded to blind vendors under subsection
neers; (B) if the Secretary determines a project is jus- (c) applies to this subparagraph.
(2) according to the Bureau of Transportation tified in the completed report, proceed directly ‘‘(3) PRIVATE OPERATORS.—A State may permit
Statistics— to project preconstruction engineering and de- a private party to operate such commercial ac-
(A) in 2009, the ports and waterways of the sign. tivities.
United States handled more than 2,200,000,000 (2) FOCUS.—In expediting the completion of ‘‘(4) LIMITATION ON USE OF REVENUES.—A
short tons of imports, exports, and domestic the study and report under paragraph (1), the State shall use any revenues received from the
shipments; and Secretary shall focus on— commercial activities in a rest area under this
(B) in 2010, United States ports were respon- (A) the prevention of the spread of aquatic section to cover the costs of acquiring, con-
sible for more than $1,400,000,000,000 in water- nuisance species between the Great Lakes and structing, operating, and maintaining rest areas
borne imports and exports; Mississippi River Basins, such as through the in the State.’’.
(3) according to the Congressional Research permanent hydrological separation of the Great (b) CONTROL OF OUTDOOR ADVERTISING.—Sec-
Service, full channel dimensions are, on aver- Lakes and Mississippi River Basins; and tion 131(i) of title 23, United States Code, is
age, available approximately 1⁄3 of the time at (B) the watersheds of the following rivers and amended by adding at the end the following:
the 59 harbors of the United States with the tributaries associated with the Chicago Area ‘‘A State may permit the installation of signs
highest use rates; Waterway System: that acknowledge the sponsorship of rest areas
(4) in 1986, Congress created the Harbor Main- (i) The Illinois River, at and in the vicinity of within such rest areas or along the main trav-
tenance Trust Fund to provide funds for the op- Chicago, Illinois. eled way of the system, provided that such signs
eration and maintenance of the navigation (ii) The Chicago River, Calumet River, North shall not affect the safe and efficient utilization
channels of the United States; Shore Channel, Chicago Sanitary and Ship of the Interstate System and the primary system.
(5) in fiscal year 2012, the Harbor Mainte- Canal, and Cal-Sag Channel in the State of Illi- The Secretary shall establish criteria for the in-
nance Trust Fund is expected to grow from nois. stallation of such signs on the main traveled
$6,280,000,000 to $7,011,000,000, an increase of (iii) The Grand Calumet River and Little Cal- way, including criteria pertaining to the place-
approximately 13 percent; umet River in the States of Illinois and Indiana. ment of rest area sponsorship acknowledgment
(6) despite growth of the Harbor Maintenance (3) EFFICIENT USE OF FUNDS.—The Secretary signs in relation to the placement of advance
Trust Fund, expenditures from the Harbor shall ensure the efficient use of funds to maxi- guide signs for rest areas.’’.
Maintenance Trust Fund have not been suffi- mize the timely completion of the study and re- Subtitle F—Gulf Coast Restoration
ciently spent; and port under paragraph (1).
(7) inadequate investment in dredging needs is SEC. 1601. SHORT TITLE.
(4) DEADLINE.—The Secretary shall complete This subtitle may be cited as the ‘‘Resources
restricting access to the ports of the United
the report under paragraph (1) by not later than and Ecosystems Sustainability, Tourist Oppor-
States for domestic shipping, imports, and ex-
18 months after the date of enactment of this tunities, and Revived Economies of the Gulf
ports and therefore threatening the economic
Act. Coast States Act of 2012’’.
competitiveness of the United States.
(5) INTERIM REPORT.—Not later than 90 days
(b) SENSE OF CONGRESS.—It is the sense of SEC. 1602. GULF COAST RESTORATION TRUST
after the date of enactment of this Act, the Sec- FUND.
Congress that—
(1) the Administration should request full use retary shall submit to the Committees on Appro-
(a) ESTABLISHMENT.—There is established in
of the Harbor Maintenance Trust Fund for op- priations of the House of Representatives and
the Treasury of the United States a trust fund
erating and maintaining the navigation chan- Senate, the Committee on Environment and
to be known as the ‘‘Gulf Coast Restoration
nels of the United States; Public Works of the Senate, and the Committee
Trust Fund’’ (referred to in this section as the
(2) the amounts in the Harbor Maintenance on Transportation and Infrastructure of the
‘‘Trust Fund’’), consisting of such amounts as
Trust Fund should be fully expended to operate House of Representatives a report describing—
are deposited in the Trust Fund under this Act
and maintain the navigation channels of the (A) interim milestones that will be met prior to
or any other provision of law.
United States; and final completion of the study and report under (b) TRANSFERS.—The Secretary of the Treas-
(3) Congress should ensure that other pro- paragraph (1); and ury shall deposit in the Trust Fund an amount
grams, projects, and activities of the Civil Works (B) funding necessary for completion of the equal to 80 percent of all administrative and
Program of the Corps of Engineers, especially study and report under paragraph (1), including civil penalties paid by responsible parties after
those programs, projects, and activities relating funding necessary for completion of each in- the date of enactment of this Act in connection
to inland navigation and flood control, are not terim milestone identified under subparagraph with the explosion on, and sinking of, the mo-
adversely impacted. (A). bile offshore drilling unit Deepwater Horizon
SEC. 1537. ESTIMATE OF HARBOR MAINTENANCE SEC. 1539. REST AREAS. pursuant to a court order, negotiated settlement,
NEEDS. (a) AGREEMENTS RELATING TO USE OF AND AC- or other instrument in accordance with section
For fiscal year 2014 and each fiscal year CESS TO RIGHTS-OF-WAY—INTERSTATE SYSTEM.— 311 of the Federal Water Pollution Control Act
thereafter, the President’s budget request sub- Section 111 of title 23, United States Code, is (33 U.S.C. 1321).
mitted pursuant to section 1105 of title 31, amended— (c) EXPENDITURES.—Amounts in the Trust
United States Code, shall include— (1) in subsection (a) in the second sentence by Fund, including interest earned on advances to
(1) an estimate of the nationwide average striking the period and inserting ‘‘and will not the Trust Fund and proceeds from investment
availability, expressed as a percentage, of the change the boundary of any right-of-way on the under subsection (d), shall—
authorized depth and authorized width of all Interstate System to accommodate construction (1) be available for expenditure, without fur-
navigation channels authorized to be main- of, or afford access to, an automotive service ther appropriation, solely for the purpose and
tained using appropriations from the Harbor station or other commercial establishment.’’; eligible activities of this subtitle and the amend-
Maintenance Trust Fund that would result from (2) by redesignating subsections (b) and (c) as ments made by this subtitle; and
harbor maintenance activities to be funded by subsections (c) and (d), respectively; and (2) remain available until expended, without
the budget request; and (3) by inserting after subsection (a) the fol- fiscal year limitation.
(2) an estimate of the average annual amount lowing: (d) INVESTMENT.—Amounts in the Trust Fund
of appropriations from the Harbor Maintenance ‘‘(b) REST AREAS.— shall be invested in accordance with section 9702
Trust Fund that would be required to increase ‘‘(1) IN GENERAL.—Notwithstanding subsection of title 31, United States Code, and any interest
that average availability to 95 percent over a 3- (a), the Secretary shall permit a State to ac- on, and proceeds from, any such investment
year period. quire, construct, operate, and maintain a rest shall be available for expenditure in accordance
SEC. 1538. ASIAN CARP. area along a highway on the Interstate System with this subtitle and the amendments made by
(a) DEFINITIONS.—In this section: in such State. this subtitle.

(1) HYDROLOGICAL SEPARATION.—The term ‘‘(2) LIMITED ACTIVITIES.—The Secretary shall (e) ADMINISTRATION.—Not later than 180 days
‘‘hydrological separation’’ means a physical permit limited commercial activities within a rest after the date of enactment of this Act, after
separation on the Chicago Area Waterway Sys- area under paragraph (1), if the activities are providing notice and an opportunity for public
tem that— available only to customers using the rest area comment, the Secretary of the Treasury, in con-
(A) would disconnect the Mississippi River and are limited to— sultation with the Secretary of the Interior and
watershed from the Lake Michigan watershed; ‘‘(A) commercial advertising and media dis- the Secretary of Commerce, shall establish such
and plays if such advertising and displays are— procedures as the Secretary determines to be
(B) shall be designed to be adequate in scope ‘‘(i) exhibited solely within any facility con- necessary to deposit amounts in, and expend
to prevent the transfer of all aquatic species be- structed in the rest area; and amounts from, the Trust Fund pursuant to this
tween each of those bodies of water. ‘‘(ii) not legible from the main traveled way; subtitle, including—
(1) procedures to assess whether the programs (3) by adding at the end the following: ‘‘(I) 70 percent shall be provided directly to
and activities carried out under this subtitle and ‘‘(t) GULF COAST RESTORATION AND RECOV- the State in accordance with this subsection.
the amendments made by this subtitle achieve ERY.— ‘‘(II) 30 percent shall be provided directly to
compliance with applicable requirements, in- ‘‘(1) STATE ALLOCATION AND EXPENDITURES.— parishes in the coastal zone (as defined in sec-
cluding procedures by which the Secretary of ‘‘(A) IN GENERAL.—Of the total amounts made tion 304 of the Coastal Zone Management Act of
the Treasury may determine whether an expend- available in any fiscal year from the Trust 1972 (16 U.S.C. 1453)) of the State of Louisiana
iture by a Gulf Coast State or coastal political Fund, 35 percent shall be available, in accord- according to the following weighted formula:
subdivision (as those terms are defined in sec- ance with the requirements of this section, to ‘‘(aa) 40 percent based on the weighted aver-
tion 311 of the Federal Water Pollution Control the Gulf Coast States in equal shares for ex- age of miles of the parish shoreline oiled.
Act (33 U.S.C. 1321)) pursuant to such a pro- penditure for ecological and economic restora- ‘‘(bb) 40 percent based on the weighted aver-
gram or activity achieves compliance; tion of the Gulf Coast region in accordance with age of the population of the parish.
(2) auditing requirements to ensure that this subsection. ‘‘(cc) 20 percent based on the weighted aver-
amounts in the Trust Fund are expended as in- ‘‘(B) USE OF FUNDS.— age of the land mass of the parish.
tended; and ‘‘(i) ELIGIBLE ACTIVITIES IN THE GULF COAST ‘‘(ii) CONDITIONS.—
(3) procedures for identification and alloca- REGION.—Subject to clause (iii), amounts pro- ‘‘(I) LAND USE PLAN.—As a condition of re-
tion of funds available to the Secretary under vided to the Gulf Coast States under this sub- ceiving amounts allocated under this para-
other provisions of law that may be necessary to section may only be used to carry out 1 or more graph, the chief executive of the eligible parish
pay the administrative expenses directly attrib- of the following activities in the Gulf Coast re- shall certify to the Governor of the State that
utable to the management of the Trust Fund. gion: the parish has completed a comprehensive land
(f) SUNSET.—The authority for the Trust Fund ‘‘(I) Restoration and protection of the natural use plan.
shall terminate on the date all funds in the resources, ecosystems, fisheries, marine and ‘‘(II) OTHER CONDITIONS.—A coastal political
Trust Fund have been expended. wildlife habitats, beaches, and coastal wetlands subdivision receiving funding under this para-
SEC. 1603. GULF COAST NATURAL RESOURCES of the Gulf Coast region. graph shall meet all of the conditions in sub-
RESTORATION AND ECONOMIC RE- ‘‘(II) Mitigation of damage to fish, wildlife,
paragraph (E).
COVERY. and natural resources. ‘‘(E) CONDITIONS.—As a condition of receiving
Section 311 of the Federal Water Pollution ‘‘(III) Implementation of a federally approved
amounts from the Trust Fund, a Gulf Coast
Control Act (33 U.S.C. 1321) is amended— marine, coastal, or comprehensive conservation
State, including the entities described in sub-
(1) in subsection (a)— management plan, including fisheries moni-
(A) in paragraph (25)(B), by striking ‘‘and’’ at paragraph (F), or a coastal political subdivision
toring.
the end; ‘‘(IV) Workforce development and job cre- shall—
(B) in paragraph (26)(D), by striking the pe- ation. ‘‘(i) agree to meet such conditions, including
riod at the end and inserting a semicolon; and ‘‘(V) Improvements to or on State parks lo- audit requirements, as the Secretary of the
(C) by adding at the end the following: cated in coastal areas affected by the Deepwater Treasury determines necessary to ensure that
‘‘(27) the term ‘best available science’ means Horizon oil spill. amounts disbursed from the Trust Fund will be
science that— ‘‘(VI) Infrastructure projects benefitting the used in accordance with this subsection;
‘‘(A) maximizes the quality, objectivity, and economy or ecological resources, including port ‘‘(ii) certify in such form and in such manner
integrity of information, including statistical in- infrastructure. as the Secretary of the Treasury determines nec-
formation; ‘‘(VII) Coastal flood protection and related in- essary that the project or program for which the
‘‘(B) uses peer-reviewed and publicly avail- frastructure. Gulf Coast State or coastal political subdivision
able data; and ‘‘(VIII) Planning assistance. is requesting amounts—
‘‘(C) clearly documents and communicates ‘‘(IX) Administrative costs of complying with ‘‘(I) is designed to restore and protect the nat-
risks and uncertainties in the scientific basis for this subsection. ural resources, ecosystems, fisheries, marine and
such projects; ‘‘(ii) ACTIVITIES TO PROMOTE TOURISM AND wildlife habitats, beaches, coastal wetlands, or
‘‘(28) the term ‘Chairperson’ means the Chair- SEAFOOD IN THE GULF COAST REGION.—Amounts economy of the Gulf Coast;
person of the Council; provided to the Gulf Coast States under this ‘‘(II) carries out 1 or more of the activities de-
‘‘(29) the term ‘coastal political subdivision’ subsection may be used to carry out 1 or more of scribed in clauses (i) and (ii) of subparagraph
means any local political jurisdiction that is im- the following activities: (B);
mediately below the State level of government, ‘‘(I) Promotion of tourism in the Gulf Coast ‘‘(III) was selected based on meaningful input
including a county, parish, or borough, with a Region, including recreational fishing. from the public, including broad-based partici-
coastline that is contiguous with any portion of ‘‘(II) Promotion of the consumption of seafood pation from individuals, businesses, and non-
the United States Gulf of Mexico; harvested from the Gulf Coast Region. profit organizations; and
‘‘(30) the term ‘Comprehensive Plan’ means ‘‘(iii) LIMITATION.— ‘‘(IV) in the case of a natural resource protec-
the comprehensive plan developed by the Coun- ‘‘(I) IN GENERAL.—Of the amounts received by tion or restoration project, is based on the best
cil pursuant to subsection (t); a Gulf Coast State under this subsection, not available science;
‘‘(31) the term ‘Council’ means the Gulf Coast more than 3 percent may be used for administra- ‘‘(iii) certify that the project or program and
Ecosystem Restoration Council established pur- tive costs eligible under clause (i)(IX). the awarding of a contract for the expenditure
suant to subsection (t); ‘‘(II) CLAIMS FOR COMPENSATION.—Activities of amounts received under this paragraph are
‘‘(32) the term ‘Deepwater Horizon oil spill’ funded under this subsection may not be inconsistent with the standard procurement rules
means the blowout and explosion of the mobile cluded in any claim for compensation paid out and regulations governing a comparable project
offshore drilling unit Deepwater Horizon that by the Oil Spill Liability Trust Fund after the or program in that State, including all applica-
occurred on April 20, 2010, and resulting hydro- date of enactment of this subsection. ble competitive bidding and audit requirements;
carbon releases into the environment; ‘‘(C) COASTAL POLITICAL SUBDIVISIONS.—
‘‘(33) the term ‘Gulf Coast region’ means— and
‘‘(i) DISTRIBUTION.—In the case of a State
‘‘(A) in the Gulf Coast States, the coastal ‘‘(iv) develop and submit a multiyear imple-
where the coastal zone includes the entire
zones (as that term is defined in section 304 of mentation plan for the use of such amounts,
State—
the Coastal Zone Management Act of 1972 (16 which may include milestones, projected comple-
‘‘(I) 75 percent of funding shall be provided
U.S.C. 1453)), except that, in this section, the tion of each activity, and a mechanism to evalu-
directly to the 8 disproportionately affected
term ‘coastal zones’ includes land within the ate the success of each activity in helping to re-
counties impacted by the Deepwater Horizon oil
coastal zones that is held in trust by, or the use store and protect the Gulf Coast region impacted
spill; and
of which is by law subject solely to the discre- ‘‘(II) 25 percent shall be provided directly to by the Deepwater Horizon oil spill.
tion of, the Federal Government or officers or nondisproportionately impacted counties within ‘‘(F) APPROVAL BY STATE ENTITY, TASK FORCE,
OR AGENCY.—The following Gulf Coast State en-
agents of the Federal Government)) that border the State.
the Gulf of Mexico; ‘‘(ii) NONDISPROPORTIONATELY IMPACTED tities, task forces, or agencies shall carry out the
‘‘(B) any adjacent land, water, and water- COUNTIES.—The total amounts made available to duties of a Gulf Coast State pursuant to this
sheds, that are within 25 miles of the coastal coastal political subdivisions in the State of paragraph:
zones described in subparagraph (A) of the Gulf Florida under clause (i)(II) shall be distributed ‘‘(i) ALABAMA.—
Coast States; and according to the following weighted formula: ‘‘(I) IN GENERAL.—In the State of Alabama,
‘‘(C) all Federal waters in the Gulf of Mexico; ‘‘(I) 34 percent based on the weighted average the Alabama Gulf Coast Recovery Council,
‘‘(34) the term ‘Gulf Coast State’ means any of of the population of the county. which shall be comprised of only the following:
the States of Alabama, Florida, Louisiana, Mis- ‘‘(II) 33 percent based on the weighted aver- ‘‘(aa) The Governor of Alabama, who shall
sissippi, and Texas; and age of the county per capita sales tax collections also serve as Chairperson and preside over the
‘‘(35) the term ‘Trust Fund’ means the Gulf estimated for fiscal year 2012. meetings of the Alabama Gulf Coast Recovery
Coast Restoration Trust Fund established pur- ‘‘(III) 33 percent based on the inverse propor- Council.
suant to section 1602 of the Resources and Eco- tion of the weighted average distance from the ‘‘(bb) The Director of the Alabama State Port
systems Sustainability, Tourist Opportunities, Deepwater Horizon oil rig to each of the nearest Authority, who shall also serve as Vice Chair-
and Revived Economies of the Gulf Coast States and farthest points of the shoreline. person and preside over the meetings of the Ala-
Act of 2012.’’; ‘‘(D) LOUISIANA.— bama Gulf Coast Recovery Council in the ab-
(2) in subsection (s), by inserting ‘‘except as ‘‘(i) IN GENERAL.—Of the total amounts made sence of the Chairperson.
provided in subsection (t)’’ before the period at available to the State of Louisiana under this ‘‘(cc) The Chairman of the Baldwin County
the end; and paragraph: Commission.
‘‘(dd) The President of the Mobile County ‘‘(K) LOCAL PREFERENCE.—In awarding con- ‘‘(VIII) The Governor of the State of Florida.
Commission. tracts to carry out a project or program under ‘‘(IX) The Governor of the State of Louisiana.
‘‘(ee) The Mayor of the city of Bayou La this paragraph, a Gulf Coast State or coastal ‘‘(X) The Governor of the State of Mississippi.
Batre. political subdivision may give a preference to in- ‘‘(XI) The Governor of the State of Texas.
‘‘(ff) The Mayor of the town of Dauphin Is- dividuals and companies that reside in, are ‘‘(iii) ALTERNATE.—A Governor appointed to
land. headquartered in, or are principally engaged in the Council by the President may designate an
‘‘(gg) The Mayor of the city of Fairhope. business in the State of project execution. alternate to represent the Governor on the
‘‘(hh) The Mayor of the city of Gulf Shores. ‘‘(L) UNUSED FUNDS.—Funds allocated to a Council and vote on behalf of the Governor.
‘‘(ii) The Mayor of the city of Mobile. State or coastal political subdivision under this ‘‘(iv) CHAIRPERSON.—From among the Federal
‘‘(jj) The Mayor of the city of Orange Beach. paragraph shall remain in the Trust Fund until agency members of the Council, the representa-
‘‘(II) VOTE.—Each member of the Alabama such time as the State or coastal political sub- tives of States on the Council shall select, and
Gulf Coast Recovery Council shall be entitled to division develops and submits a plan identifying the President shall appoint, 1 Federal member to
1 vote. uses for those funds in accordance with sub- serve as Chairperson of the Council.
‘‘(III) MAJORITY VOTE.—All decisions of the paragraph (E)(iv). ‘‘(v) PRESIDENTIAL APPOINTMENT.—All Coun-
Alabama Gulf Coast Recovery Council shall be ‘‘(M) JUDICIAL REVIEW.—If the Secretary of cil members shall be appointed by the President.
made by majority vote. ‘‘(vi) COUNCIL ACTIONS.—
the Treasury determines that a Gulf Coast State
‘‘(IV) LIMITATION ON ADMINISTRATIVE EX- ‘‘(I) IN GENERAL.—The following actions by
or coastal political subdivision does not meet the
PENSES.—Administrative duties for the Alabama the Council shall require the affirmative vote of
requirements of this paragraph, including the
Gulf Coast Recovery Council may only be per- the Chairperson and a majority of the State
conditions of subparagraph (E), the Gulf Coast
formed by public officials and employees that members to be effective:
State or coastal political subdivision may obtain ‘‘(aa) Approval of a Comprehensive Plan and
are subject to the ethics laws of the State of Ala- expedited judicial review within 90 days after
bama. future revisions to a Comprehensive Plan.
that decision in a district court of the United ‘‘(bb) Approval of State plans pursuant to
‘‘(ii) LOUISIANA.—In the State of Louisiana, States, of appropriate jurisdiction and venue,
the Coastal Protection and Restoration Author- paragraph (3)(B)(iv).
that is located within the State seeking the re- ‘‘(cc) Approval of reports to Congress pursu-
ity of Louisiana. view.
‘‘(iii) MISSISSIPPI.—In the State of Mississippi, ant to clause (vii)(VII).
‘‘(N) COST-SHARING.— ‘‘(dd) Approval of transfers pursuant to sub-
the Mississippi Department of Environmental ‘‘(i) IN GENERAL.—A Gulf Coast State or coast- paragraph (E)(ii)(I).
Quality. al political subdivision may use, in whole or in ‘‘(ee) Other significant actions determined by
‘‘(iv) TEXAS.—In the State of Texas, the Office part, amounts made available under this para- the Council.
of the Governor or an appointee of the Office of graph to that Gulf Coast State or coastal polit- ‘‘(II) QUORUM.—A majority of State members
the Governor. ical subdivision to satisfy the non-Federal share shall be required to be present for the Council to
‘‘(G) COMPLIANCE WITH ELIGIBLE ACTIVITIES.— of the cost of any project or program authorized take any significant action.
If the Secretary of the Treasury determines that by Federal law that is an eligible activity de- ‘‘(III) AFFIRMATIVE VOTE REQUIREMENT CON-
an expenditure by a Gulf Coast State or coastal scribed in clauses (i) and (ii) of subparagraph SIDERED MET.—For approval of State plans pur-
political subdivision of amounts made available (B). suant to paragraph (3)(B)(iv), the certification
under this subsection does not meet one of the ‘‘(ii) EFFECT ON OTHER FUNDS.—The use of by a State member of the Council that the plan
activities described in clauses (i) and (ii) of sub- funds made available from the Trust Fund to satisfies all requirements of clauses (i) and (ii)
paragraph (B), the Secretary shall make no ad- satisfy the non-Federal share of the cost of a of paragraph (3)(B), when joined by an affirma-
ditional amounts from the Trust Fund available project or program that meets the requirements tive vote of the Federal Chairperson of the
to that Gulf Coast State or coastal political sub- of clause (i) shall not affect the priority in Council, shall be considered to satisfy the re-
division until such time as an amount equal to which other Federal funds are allocated or quirements for affirmative votes under subclause
the amount expended for the unauthorized awarded. (I).
use— ‘‘(2) COUNCIL ESTABLISHMENT AND ALLOCA- ‘‘(IV) PUBLIC TRANSPARENCY.—Appropriate
‘‘(i) has been deposited by the Gulf Coast TION.— actions of the Council, including significant ac-
State or coastal political subdivision in the ‘‘(A) IN GENERAL.—Of the total amount made tions and associated deliberations, shall be made
Trust Fund; or available in any fiscal year from the Trust available to the public via electronic means
‘‘(ii) has been authorized by the Secretary of Fund, 30 percent shall be disbursed to the Coun- prior to any vote.
the Treasury for expenditure by the Gulf Coast cil to carry out the Comprehensive Plan. ‘‘(vii) DUTIES OF COUNCIL.—The Council
State or coastal political subdivision for a ‘‘(B) COUNCIL EXPENDITURES.— shall—
project or program that meets the requirements ‘‘(i) IN GENERAL.—In accordance with this ‘‘(I) develop the Comprehensive Plan and fu-
of this subsection. paragraph, the Council shall expend funds ture revisions to the Comprehensive Plan;
‘‘(H) COMPLIANCE WITH CONDITIONS.—If the made available from the Trust Fund to under- ‘‘(II) identify as soon as practicable the
Secretary of the Treasury determines that a take projects and programs, using the best avail- projects that—
Gulf Coast State or coastal political subdivision able science, that would restore and protect the ‘‘(aa) have been authorized prior to the date
does not meet the requirements of this para- natural resources, ecosystems, fisheries, marine of enactment of this subsection but not yet com-
graph, including the conditions of subpara- and wildlife habitats, beaches, coastal wetlands, menced; and
graph (E), where applicable, the Secretary of and economy of the Gulf Coast. ‘‘(bb) if implemented quickly, would restore
the Treasury shall make no amounts from the ‘‘(ii) ALLOCATION AND EXPENDITURE PROCE- and protect the natural resources, ecosystems,
Trust Fund available to that Gulf Coast State or DURES.—The Secretary of the Treasury shall de- fisheries, marine and wildlife habitats, beaches,
coastal political subdivision until all conditions velop such conditions, including audit require- barrier islands, dunes, and coastal wetlands of
of this paragraph are met. ments, as the Secretary of the Treasury deter- the Gulf Coast region;
‘‘(I) PUBLIC INPUT.—In meeting any condition mines necessary to ensure that amounts dis- ‘‘(III) establish such other 1 or more advisory
of this paragraph, a Gulf Coast State may use bursed from the Trust Fund to the Council to committees as may be necessary to assist the
an appropriate procedure for public consulta- implement the Comprehensive Plan will be used Council, including a scientific advisory com-
tion in that Gulf Coast State, including con- in accordance with this paragraph. mittee and a committee to advise the Council on
sulting with one or more established task forces ‘‘(iii) ADMINISTRATIVE EXPENSES.—Of the public policy issues;
or other entities, to develop recommendations for amounts received by the Council under this ‘‘(IV) collect and consider scientific and other
proposed projects and programs that would re- paragraph, not more than 3 percent may be used research associated with restoration of the Gulf
store and protect the natural resources, eco- for administrative expenses, including staff. Coast ecosystem, including research, observa-
systems, fisheries, marine and wildlife habitats, ‘‘(C) GULF COAST ECOSYSTEM RESTORATION tion, and monitoring carried out pursuant to
beaches, coastal wetlands, and economy of the COUNCIL.— sections 1604 and 1605 of the Resources and Eco-
Gulf Coast. ‘‘(i) ESTABLISHMENT.—There is established as systems Sustainability, Tourist Opportunities,
‘‘(J) PREVIOUSLY APPROVED PROJECTS AND an independent entity in the Federal Govern- and Revived Economies of the Gulf Coast States
PROGRAMS.—A Gulf Coast State or coastal polit- ment a council to be known as the ‘Gulf Coast Act of 2012;
ical subdivision shall be considered to have met Ecosystem Restoration Council’. ‘‘(V) develop standard terms to include in con-
the conditions of subparagraph (E) for a specific ‘‘(ii) MEMBERSHIP.—The Council shall consist tracts for projects and programs awarded pursu-
project or program if, before the date of enact- of the following members, or in the case of a ant to the Comprehensive Plan that provide a
ment of the Resources and Ecosystems Sustain- Federal agency, a designee at the level of the preference to individuals and companies that re-
ability, Tourist Opportunities, and Revived Assistant Secretary or the equivalent: side in, are headquartered in, or are principally
Economies of the Gulf Coast States Act of 2012— ‘‘(I) The Secretary of the Interior. engaged in business in a Gulf Coast State;
‘‘(i) the Gulf Coast State or coastal political ‘‘(II) The Secretary of the Army. ‘‘(VI) prepare an integrated financial plan
subdivision has established conditions for car- ‘‘(III) The Secretary of Commerce. and recommendations for coordinated budget re-
rying out projects and programs that are sub- ‘‘(IV) The Administrator of the Environmental quests for the amounts proposed to be expended
stantively the same as the conditions described Protection Agency. by the Federal agencies represented on the
in subparagraph (E); and ‘‘(V) The Secretary of Agriculture. Council for projects and programs in the Gulf
‘‘(ii) the applicable project or program carries ‘‘(VI) The head of the department in which Coast States; and
out 1 or more of the activities described in the Coast Guard is operating. ‘‘(VII) submit to Congress an annual report
clauses (i) and (ii) of subparagraph (B). ‘‘(VII) The Governor of the State of Alabama. that—
‘‘(aa) summarizes the policies, strategies, ordination with the President’s Gulf Coast Res- cluded in the Comprehensive Plan shall be as-
plans, and activities for addressing the restora- toration Task Force. signed by the Council to a Gulf Coast State rep-
tion and protection of the Gulf Coast region; ‘‘(III) CONSIDERATIONS.—In developing the resented on the Council or a Federal agency.
‘‘(bb) describes the projects and programs initial Comprehensive Plan and subsequent up- ‘‘(II) TRANSFER OF AMOUNTS.—Amounts nec-
being implemented to restore and protect the dates, the Council shall consider all relevant essary to carry out each project or program in-
Gulf Coast region, including— findings, reports, or research prepared or fund- cluded in the Comprehensive Plan shall be
‘‘(AA) a list of each project and program; ed under section 1604 or 1605 of the Resources transferred by the Secretary of the Treasury
‘‘(BB) an identification of the funding pro- and Ecosystems Sustainability, Tourist Oppor- from the Trust Fund to that Federal agency or
vided to projects and programs identified in tunities, and Revived Economies of the Gulf Gulf Coast State as the project or program is im-
subitem (AA); Coast States Act of 2012. plemented, subject to such conditions as the Sec-
‘‘(CC) an identification of each recipient for ‘‘(IV) CONTENTS.—The initial Comprehensive retary of the Treasury, in consultation with the
funding identified in subitem (BB); and Plan shall include— Secretary of the Interior and the Secretary of
‘‘(DD) a description of the length of time and ‘‘(aa) such provisions as are necessary to fully Commerce, established pursuant to section 1602
funding needed to complete the objectives of incorporate in the Comprehensive Plan the of the Resources and Ecosystems Sustainability,
each project and program identified in subitem strategy, projects, and programs recommended Tourist Opportunities, and Revived Economies
(AA); by the President’s Gulf Coast Restoration Task of the Gulf Coast States Act of 2012.
‘‘(cc) makes such recommendations to Con- Force; ‘‘(III) LIMITATION ON TRANSFERS.—
gress for modifications of existing laws as the ‘‘(bb) a list of any project or program author- ‘‘(aa) GRANTS TO NONGOVERNMENTAL ENTI-
Council determines necessary to implement the ized prior to the date of enactment of this sub- TIES.—In the case of funds transferred to a Fed-
Comprehensive Plan; section but not yet commenced, the completion eral or State agency under subclause (II), the
‘‘(dd) reports on the progress on implementa- of which would further the purposes and goals agency shall not make 1 or more grants or coop-
tion of each project or program— of this subsection and of the Resources and Eco- erative agreements to a nongovernmental entity
‘‘(AA) after 3 years of ongoing activity of the systems Sustainability, Tourist Opportunities, if the total amount provided to the entity would
project or program, if applicable; and and Revived Economies of the Gulf Coast States equal or exceed 10 percent of the total amount
‘‘(BB) on completion of the project or pro- Act of 2012; provided to the agency for that particular
gram; ‘‘(cc) a description of the manner in which project or program, unless the 1 or more grants
‘‘(ee) includes the information required to be amounts from the Trust Fund projected to be have been reported in accordance with item
submitted under section 1605(c)(4) of the Re- made available to the Council for the succeeding (bb).
sources and Ecosystems Sustainability, Tourist 10 years will be allocated; and ‘‘(bb) REPORTING OF GRANTEES.—At least 30
Opportunities, and Revived Economies of the ‘‘(dd) subject to available funding in accord- days prior to making a grant or entering into a
Gulf Coast States Act of 2012; and ance with clause (iii), a prioritized list of spe- cooperative agreement described in item (aa),
‘‘(ff) submits the reports required under item cific projects and programs to be funded and the name of each grantee, including the amount
(dd) to— carried out during the 3-year period immediately and purpose of each grant or cooperative agree-
‘‘(AA) the Committee on Science, Space, and following the date of publication of the initial ment, shall be published in the Federal Register
Technology, the Committee on Natural Re- Comprehensive Plan, including a table that il- and delivered to the congressional committees
sources, the Committee on Transportation and lustrates the distribution of projects and pro- listed in subparagraph (C)(vii)(VII)(ff).
Infrastructure, and the Committee on Appro- grams by the Gulf Coast State. ‘‘(cc) ANNUAL REPORTING OF GRANTEES.—An-
priations of the House of Representatives; and ‘‘(V) PLAN UPDATES.—The Council shall up-
nually, the name of each grantee, including the
‘‘(BB) the Committee on Environment and date—
amount and purposes of each grant or coopera-
Public Works, the Committee on Commerce, ‘‘(aa) the Comprehensive Plan every 5 years
tive agreement, shall be published in the Federal
Science, and Transportation, the Committee on in a manner comparable to the manner estab-
Register and delivered to Congress as part of the
Energy and Natural Resources, and the Com- lished in this subparagraph for each 5-year pe-
report submitted pursuant to subparagraph
mittee on Appropriations of the Senate. riod for which amounts are expected to be made
(C)(vii)(VII).
‘‘(viii) APPLICATION OF FEDERAL ADVISORY available to the Gulf Coast States from the Trust
‘‘(IV) PROJECT AND PROGRAM LIMITATION.—
COMMITTEE ACT.—The Council, or any other ad- Fund; and
‘‘(bb) the 3-year list of projects and programs The Council, a Federal agency, or a State may
visory committee established under this subpara- not carry out a project or program funded under
graph, shall not be considered an advisory com- described in subclause (IV)(dd) annually.
‘‘(iii) RESTORATION PRIORITIES.—Except for this paragraph outside of the Gulf Coast region.
mittee under the Federal Advisory Committee ‘‘(F) COORDINATION.—The Council and the
projects and programs described in clause
Act (5 U.S.C. App.). Federal members of the Council may develop
(ii)(IV)(bb), in selecting projects and programs
‘‘(ix) SUNSET.—The authority for the Council, memoranda of understanding establishing inte-
and any other advisory committee established to include on the 3-year list described in clause
(ii)(IV)(dd), based on the best available science, grated funding and implementation plans
under this subparagraph, shall terminate on the among the member agencies and authorities.
date all funds in the Trust Fund have been ex- the Council shall give highest priority to
projects that address 1 or more of the following ‘‘(3) OIL SPILL RESTORATION IMPACT ALLOCA-
pended. TION.—
‘‘(D) COMPREHENSIVE PLAN.— criteria:
‘‘(I) Projects that are projected to make the ‘‘(A) IN GENERAL.—
‘‘(i) PROPOSED PLAN.— ‘‘(i) DISBURSEMENT.—Of the total amount
greatest contribution to restoring and protecting
‘‘(I) IN GENERAL.—Not later than 180 days made available from the Trust Fund, 30 percent
the natural resources, ecosystems, fisheries, ma-
after the date of enactment of the Resources and shall be disbursed pursuant to the formula in
rine and wildlife habitats, beaches, and coastal
Ecosystems Sustainability, Tourist Opportuni- clause (ii) to the Gulf Coast States on the ap-
wetlands of the Gulf Coast region, without re-
ties, and Revived Economies of the Gulf Coast proval of the plan described in subparagraph
gard to geographic location within the Gulf
States Act of 2012, the Chairperson, on behalf of (B)(i).
Coast region.
the Council and after appropriate public input, ‘‘(ii) FORMULA.—Subject to subparagraph (B),
‘‘(II) Large-scale projects and programs that
review, and comment, shall publish a proposed for each Gulf Coast State, the amount disbursed
are projected to substantially contribute to re-
plan to restore and protect the natural re- under this paragraph shall be based on a for-
storing and protecting the natural resources,
sources, ecosystems, fisheries, marine and wild- mula established by the Council by regulation
ecosystems, fisheries, marine and wildlife habi-
life habitats, beaches, and coastal wetlands of that is based on a weighted average of the fol-
tats, beaches, and coastal wetlands of the Gulf
the Gulf Coast region. lowing criteria:
Coast ecosystem.
‘‘(II) INCLUSIONS.—The proposed plan de- ‘‘(III) Projects contained in existing Gulf ‘‘(I) 40 percent based on the proportionate
scribed in subclause (I) shall include and incor- Coast State comprehensive plans for the restora- number of miles of shoreline in each Gulf Coast
porate the findings and information prepared by tion and protection of natural resources, eco- State that experienced oiling on or before April
the President’s Gulf Coast Restoration Task systems, fisheries, marine and wildlife habitats, 10, 2011, compared to the total number of miles
Force. beaches, and coastal wetlands of the Gulf Coast of shoreline that experienced oiling as a result
‘‘(ii) PUBLICATION.— region. of the Deepwater Horizon oil spill.
‘‘(I) INITIAL PLAN.—Not later than 1 year after ‘‘(IV) Projects that restore long-term resiliency ‘‘(II) 40 percent based on the inverse propor-
the date of enactment of the Resources and Eco- of the natural resources, ecosystems, fisheries, tion of the average distance from the mobile off-
systems Sustainability, Tourist Opportunities, marine and wildlife habitats, beaches, and shore drilling unit Deepwater Horizon at the
and Revived Economies of the Gulf Coast States coastal wetlands most impacted by the Deep- time of the explosion to the nearest and farthest
Act of 2012 and after notice and opportunity for water Horizon oil spill. point of the shoreline that experienced oiling of
public comment, the Chairperson, on behalf of ‘‘(E) IMPLEMENTATION.— each Gulf Coast State.
the Council and after approval by the Council, ‘‘(i) IN GENERAL.—The Council, acting ‘‘(III) 20 percent based on the average popu-
shall publish in the Federal Register the initial through the Federal agencies represented on the lation in the 2010 decennial census of coastal
Comprehensive Plan to restore and protect the Council and Gulf Coast States, shall expend counties bordering the Gulf of Mexico within
natural resources, ecosystems, fisheries, marine funds made available from the Trust Fund to each Gulf Coast State.
and wildlife habitats, beaches, and coastal wet- carry out projects and programs adopted in the ‘‘(iii) MINIMUM ALLOCATION.—The amount
lands of the Gulf Coast region. Comprehensive Plan. disbursed to a Gulf Coast State for each fiscal
‘‘(II) COOPERATION WITH GULF COAST RES- ‘‘(ii) ADMINISTRATIVE RESPONSIBILITY.— year under clause (ii) shall be at least 5 percent
TORATION TASK FORCE.—The Council shall de- ‘‘(I) IN GENERAL.—Primary authority and re- of the total amounts made available under this
velop the initial Comprehensive Plan in close co- sponsibility for each project and program in- paragraph.
‘‘(B) DISBURSEMENT OF FUNDS.— part, amounts made available to that Gulf Coast (c) SPECIES INCLUDED.—The research, moni-
‘‘(i) IN GENERAL.—The Council shall disburse State or coastal political subdivision under this toring, assessment, and programs eligible for
amounts to the respective Gulf Coast States in paragraph to satisfy the non-Federal share of amounts made available under the program
accordance with the formula developed under any project or program that— shall include all marine, estuarine, aquaculture,
subparagraph (A) for projects, programs, and ‘‘(I) is authorized by other Federal law; and and fish species in State and Federal waters of
activities that will improve the ecosystems or ‘‘(II) is an eligible activity described in clause the Gulf of Mexico.
economy of the Gulf Coast region, subject to the (i) or (ii) of paragraph (1)(B). (d) RESEARCH PRIORITIES.—In distributing
condition that each Gulf Coast State submits a ‘‘(ii) EFFECT ON OTHER FUNDS.—The use of funding under this subsection, priority shall be
plan for the expenditure of amounts disbursed funds made available from the Trust Fund given to integrated, long-term projects that—
under this paragraph that meets the following under this paragraph to satisfy the non-Federal (1) build on, or are coordinated with, related
criteria: share of the cost of a project or program de- research activities; and
‘‘(I) All projects, programs, and activities in- scribed in clause (i) shall not affect the priority (2) address current or anticipated marine eco-
cluded in the plan are eligible activities pursu- in which other Federal funds are allocated or system, fishery, or wildlife management infor-
ant to clauses (i) and (ii) of paragraph (1)(B). awarded. mation needs.
‘‘(II) The projects, programs, and activities in- ‘‘(4) AUTHORIZATION OF INTEREST TRANS- (e) DUPLICATION.—In carrying out this sec-
cluded in the plan contribute to the overall eco- FERS.—Of the total amount made available for tion, the Administrator, in consultation with the
nomic and ecological recovery of the Gulf Coast. any fiscal year from the Trust Fund that is Director, shall seek to avoid duplication of other
‘‘(III) The plan takes into consideration the equal to the interest earned by the Trust Fund research and monitoring activities.
Comprehensive Plan and is consistent with the and proceeds from investments made by the (f) COORDINATION WITH OTHER PROGRAMS.—
goals and objectives of the Plan, as described in Trust Fund in the preceding fiscal year— The Administrator, in consultation with the Di-
paragraph (2)(B)(i). ‘‘(A) 50 percent shall be divided equally be- rector, shall develop a plan for the coordination
‘‘(ii) FUNDING.— tween— of projects and activities between the program
‘‘(I) IN GENERAL.—Except as provided in sub- ‘‘(i) the Gulf Coast Ecosystem Restoration and other existing Federal and State science
clause (II), the plan described in clause (i) may Science, Observation, Monitoring, and Tech- and technology programs in the States of Ala-
use not more than 25 percent of the funding nology program authorized in section 1604 of the bama, Florida, Louisiana, Mississippi, and
made available for infrastructure projects eligi- Resources and Ecosystems Sustainability, Tour- Texas, as well as between the centers of excel-
ble under subclauses (VI) and (VII) of para- ist Opportunities, and Revived Economies of the lence.
graph (1)(B)(i). Gulf Coast States Act of 2012; and (g) LIMITATION ON EXPENDITURES.—
‘‘(II) EXCEPTION.—The plan described in ‘‘(ii) the centers of excellence research grants (1) IN GENERAL.—Not more than 3 percent of
clause (i) may propose to use more than 25 per- authorized in section 1605 of that Act; and funds provided in subsection (h) shall be used
cent of the funding made available for infra- ‘‘(B) 50 percent shall be made available to the for administrative expenses.
structure projects eligible under subclauses (VI) Gulf Coast Ecosystem Restoration Council to (2) NOAA.—The funds provided in subsection
and (VII) of paragraph (1)(B)(i) if the plan cer- carry out the Comprehensive Plan pursuant to (h) may not be used—
tifies that— paragraph (2).’’. (A) for any existing or planned research led
‘‘(aa) ecosystem restoration needs in the State SEC. 1604. GULF COAST ECOSYSTEM RESTORA-
by the National Oceanic and Atmospheric Ad-
will be addressed by the projects in the proposed TION SCIENCE, OBSERVATION, MONI- ministration, unless agreed to in writing by the
plan; and TORING, AND TECHNOLOGY PRO- grant recipient;
‘‘(bb) additional investment in infrastructure GRAM. (B) to implement existing regulations or ini-
is required to mitigate the impacts of the Deep- (a) DEFINITIONS.—In this section: tiate new regulations promulgated or proposed
water Horizon Oil Spill to the ecosystem or (1) ADMINISTRATOR.—The term ‘‘Adminis- by the National Oceanic and Atmospheric Ad-
economy. trator’’ means the Administrator of the National ministration; or
‘‘(iii) DEVELOPMENT.—The plan described in Oceanic and Atmospheric Administration. (C) to develop or approve a new limited access
clause (i) shall be developed by— (2) COMMISSION.—The term ‘‘Commission’’ privilege program (as that term is used in sec-
‘‘(I) in the State of Alabama, the Alabama means the Gulf States Marine Fisheries Commis- tion 303A of the Magnuson-Stevens Fishery
Gulf Coast Recovery Council established under sion. Conservation and Management Act (16 U.S.C.
paragraph (1)(F)(i); (3) DIRECTOR.—The term ‘‘Director’’ means 1853a)) for any fishery under the jurisdiction of
‘‘(II) in the State of Florida, a consortia of the Director of the United States Fish and Wild- the South Atlantic, Mid-Atlantic, New England,
local political subdivisions that includes at a life Service. or Gulf of Mexico Fishery Management Coun-
minimum 1 representative of each affected coun- (4) PROGRAM.—The term ‘‘program’’ means cils.
ty; the Gulf Coast Ecosystem Restoration Science, (h) FUNDING.—Of the total amount made
‘‘(III) in the State of Louisiana, the Coastal Observation, Monitoring, and Technology pro- available for each fiscal year for the Gulf Coast
Protection and Restoration Authority of Lou- gram established under this section. Restoration Trust Fund established under sec-
isiana; (b) ESTABLISHMENT OF PROGRAM.— tion 1602, 2.5 percent shall be available to carry
‘‘(IV) in the State of Mississippi, the Office of (1) IN GENERAL.—Not later than 180 days after out the program.
the Governor or an appointee of the Office of the date of enactment of this Act, the Adminis- (i) SUNSET.—The program shall cease oper-
the Governor; and trator, in consultation with the Director, shall ations when all funds in the Gulf Coast Res-
‘‘(V) in the State of Texas, the Office of the establish the Gulf Coast Ecosystem Restoration toration Trust Fund established under section
Governor or an appointee of the Office of the Science, Observation, Monitoring, and Tech- 1602 have been expended.
Governor. nology program to carry out research, observa- SEC. 1605. CENTERS OF EXCELLENCE RESEARCH
‘‘(iv) APPROVAL.—Not later than 60 days after tion, and monitoring to support, to the max- GRANTS.
the date on which a plan is submitted under imum extent practicable, the long-term sustain- (a) IN GENERAL.—Of the total amount made
clause (i), the Council shall approve or disability of the ecosystem, fish stocks, fish habi- available for each fiscal year from the Gulf
approve the plan based on the conditions of tat, and the recreational, commercial, and char- Coast Restoration Trust Fund established under
clause (i). ter fishing industry in the Gulf of Mexico. section 1602, 2.5 percent shall be made available
‘‘(C) DISAPPROVAL.—If the Council dis- (2) EXPENDITURE OF FUNDS.—For each fiscal to the Gulf Coast States (as defined in section
approves a plan pursuant to subparagraph year, amounts made available to carry out this 311(a) of the Federal Water Pollution Control
(B)(iv), the Council shall— subsection may be expended for, with respect to Act (as added by section 1603 of the Resources
‘‘(i) provide the reasons for disapproval in the Gulf of Mexico— and Ecosystems Sustainability, Tourist Oppor-
writing; and (A) marine and estuarine research; tunities, and Revived Economies of the Gulf
‘‘(ii) consult with the State to address any (B) marine and estuarine ecosystem moni- Coast States Act of 2012)), in equal shares, ex-
identified deficiencies with the State plan. toring and ocean observation; clusively for grants in accordance with sub-
‘‘(D) FAILURE TO SUBMIT ADEQUATE PLAN.—If (C) data collection and stock assessments; section (c) to establish centers of excellence to
a State fails to submit an adequate plan under (D) pilot programs for— conduct research only on the Gulf Coast Region
this paragraph, any funds made available under (i) fishery independent data; and (as defined in section 311 of the Federal Water
this paragraph shall remain in the Trust Fund (ii) reduction of exploitation of spawning ag- Pollution Control Act (33. U.S.C. 1321)).
until such date as a plan is submitted and ap- gregations; and (b) APPROVAL BY STATE ENTITY, TASK FORCE,
proved pursuant to this paragraph. (E) cooperative research. OR AGENCY.—The duties of a Gulf Coast State
‘‘(E) JUDICIAL REVIEW.—If the Council fails to (3) COOPERATION WITH THE COMMISSION.—For under this section shall be carried out by the
approve or take action within 60 days on a each fiscal year, amounts made available to applicable Gulf Coast State entities, task forces,
plan, as described in subparagraph (B)(iv), the carry out this subsection may be transferred to or agencies listed in section 311(t)(1)(F) of the
State may obtain expedited judicial review with- the Commission to establish a fisheries moni- Federal Water Pollution Control Act (as added
in 90 days of that decision in a district court of toring and research program, with respect to the by section 1603 of the Resources and Ecosystems
the United States, of appropriate jurisdiction Gulf of Mexico. Sustainability, Tourist Opportunities, and Re-
and venue, that is located within the State seek- (4) CONSULTATION.—The Administrator and vived Economies of the Gulf Coast States Act of
ing the review. the Director shall consult with the Regional 2012), and for the State of Florida, a consortium
‘‘(F) COST-SHARING.— Gulf of Mexico Fishery Management Council of public and private research institutions with-
‘‘(i) IN GENERAL.—A Gulf Coast State or coast- and the Commission in carrying out the pro- in the State, which shall include the Florida De-
al political subdivision may use, in whole or in gram. partment of Environmental Protection and the
Florida Fish and Wildlife Conservation Commis- (c) USE OF FUNDS.—Funds made available and Exchange Commission and issued under the
sion, for that Gulf Coast State. under this subtitle may be used only for eligible Securities Act of 1933 (15 U.S.C. 77a et seq.)), in-
(c) GRANTS.— activities specifically authorized by this subtitle cluding—
(1) IN GENERAL.—A Gulf Coast State shall use and the amendments made by this subtitle. ‘‘(A) a qualified retirement plan (as defined in
the amounts made available to carry out this SEC. 1607. RESTORATION AND PROTECTION AC- section 4974(c) of the Internal Revenue Code of
section to award competitive grants to non- TIVITY LIMITATIONS. 1986) that is a qualified institutional buyer; and
governmental entities and consortia in the Gulf (a) WILLING SELLER.—Funds made available ‘‘(B) a governmental plan (as defined in sec-
Coast region (including public and private insti- under this subtitle may only be used to acquire tion 414(d) of the Internal Revenue Code of
tutions of higher education) for the establish- land or interests in land by purchase, exchange, 1986) that is a qualified institutional buyer.
ment of centers of excellence as described in sub- or donation from a willing seller. ‘‘(6) LETTER OF INTEREST.—The term ‘letter of
section (d). (b) ACQUISITION OF FEDERAL LAND.—None of interest’ means a letter submitted by a potential
(2) APPLICATION.—To be eligible to receive a the funds made available under this subtitle applicant prior to an application for credit as-
grant under this subsection, an entity or consor- may be used to acquire land in fee title by the sistance in a format prescribed by the Secretary
tium described in paragraph (1) shall submit to Federal Government unless— on the website of the TIFIA program that—
a Gulf Coast State an application at such time, (1) the land is acquired by exchange or dona- ‘‘(A) describes the project and the location,
in such manner, and containing such information; or purpose, and cost of the project;
tion as the Gulf Coast State determines to be ap- (2) the acquisition is necessary for the restora- ‘‘(B) outlines the proposed financial plan, in-
propriate. tion and protection of the natural resources, cluding the requested credit assistance and the
(3) PRIORITY.—In awarding grants under this ecosystems, fisheries, marine and wildlife habi- proposed obligor;
subsection, a Gulf Coast State shall give priority ‘‘(C) provides a status of environmental re-
tats, beaches, and coastal wetlands of the Gulf
to entities and consortia that demonstrate the view; and
Coast region and has the concurrence of the ‘‘(D) provides information regarding satisfac-
ability to establish the broadest cross-section of Governor of the State in which the acquisition
participants with interest and expertise in any tion of other eligibility requirements of the
will take place. TIFIA program.
discipline described in subsection (d) on which SEC. 1608. INSPECTOR GENERAL.
the proposal of the center of excellence will be ‘‘(7) LINE OF CREDIT.—The term ‘line of credit’
The Office of the Inspector General of the De- means an agreement entered into by the Sec-
focused.
(4) REPORTING.— partment of the Treasury shall have authority retary with an obligor under section 604 to pro-
(A) IN GENERAL.—Each Gulf Coast State shall to conduct, supervise, and coordinate audits vide a direct loan at a future date upon the oc-
provide annually to the Gulf Coast Ecosystem and investigations of projects, programs, and currence of certain events.
Restoration Council established under section activities funded under this subtitle and the ‘‘(8) LIMITED BUYDOWN.—The term ‘limited
311(t)(2)(C) of the Federal Water Pollution Con- amendments made by this subtitle. buydown’ means, subject to the conditions de-
trol Act (as added by section 1603 of the Re- TITLE II—AMERICA FAST FORWARD scribed in section 603(b)(4)(C), a buydown of the
sources and Ecosystems Sustainability, Tourist FINANCING INNOVATION interest rate by the obligor if the interest rate
Opportunities, and Revived Economies of the SEC. 2001. SHORT TITLE.
has increased between—
Gulf Coast States Act of 2012) information re- ‘‘(A)(i) the date on which a project applica-
This title may be cited as the ‘‘America Fast tion acceptable to the Secretary is submitted; or
garding all grants, including the amount, dis- Forward Financing Innovation Act of 2012’’. ‘‘(ii) the date on which the Secretary entered
cipline or disciplines, and recipients of the SEC. 2002. TRANSPORTATION INFRASTRUCTURE into a master credit agreement; and
grants, and in the case of any grant awarded to FINANCE AND INNOVATION ACT OF ‘‘(B) the date on which the Secretary executes
a consortium, the membership of the consortium. 1998 AMENDMENTS. the Federal credit instrument.
(B) INCLUSION.—The Gulf Coast Ecosystem Sections 601 through 609 of title 23, United ‘‘(9) LOAN GUARANTEE.—The term ‘loan guar-
Restoration Council shall include the informa- States Code, are amended to read as follows: antee’ means any guarantee or other pledge by
tion received under subparagraph (A) in the an-
‘‘§ 601. Generally applicable provisions the Secretary to pay all or part of the principal
nual report to Congress of the Council required
‘‘(a) DEFINITIONS.—In this chapter, the fol- of and interest on a loan or other debt obliga-
under section 311(t)(2)(C)(vii)(VII) of the Fed-
lowing definitions apply: tion issued by an obligor and funded by a lend-
eral Water Pollution Control Act (as added by
‘‘(1) CONTINGENT COMMITMENT.—The term er.
section 1603 of the Resources and Ecosystems ‘‘(10) MASTER CREDIT AGREEMENT.—The term
Sustainability, Tourist Opportunities, and Re- ‘contingent commitment’ means a commitment to
obligate an amount from future available budget ‘master credit agreement’ means an agreement
vived Economies of the Gulf Coast States Act of to extend credit assistance for a program of
2012). authority that is—
‘‘(A) contingent on those funds being made projects secured by a common security pledge
(d) DISCIPLINES.—Each center of excellence
available in law at a future date; and (which shall receive an investment grade rating
shall focus on science, technology, and moni-
‘‘(B) not an obligation of the Federal Govern- from a rating agency), or for a single project
toring in at least 1 of the following disciplines:
ment. covered under section 602(b)(2) that would—
(1) Coastal and deltaic sustainability, restora- ‘‘(A) make contingent commitments of 1 or
tion and protection, including solutions and ‘‘(2) ELIGIBLE PROJECT COSTS.—The term ‘eli-
gible project costs’ means amounts substantially more secured loans or other Federal credit in-
technology that allow citizens to live in a safe struments at future dates, subject to the avail-
and sustainable manner in a coastal delta in the all of which are paid by, or for the account of,
an obligor in connection with a project, includ- ability of future funds being made available to
Gulf Coast Region. carry out this chapter;
(2) Coastal fisheries and wildlife ecosystem re- ing the cost of—
‘‘(B) establish the maximum amounts and gen-
search and monitoring in the Gulf Coast Region. ‘‘(A) development phase activities, including
eral terms and conditions of the secured loans or
(3) Offshore energy development, including re- planning, feasibility analysis, revenue fore-
other Federal credit instruments;
search and technology to improve the sustain- casting, environmental review, permitting, pre-
‘‘(C) identify the 1 or more dedicated non-Fed-
able and safe development of energy resources liminary engineering and design work, and
eral revenue sources that will secure the repay-
in the Gulf of Mexico. other preconstruction activities;
ment of the secured loans or secured Federal
(4) Sustainable and resilient growth, economic ‘‘(B) construction, reconstruction, rehabilita-
credit instruments;
and commercial development in the Gulf Coast tion, replacement, and acquisition of real prop- ‘‘(D) provide for the obligation of funds for
Region. erty (including land relating to the project and the secured loans or secured Federal credit in-
(5) Comprehensive observation, monitoring, improvements to land), environmental mitiga- struments after all requirements have been met
and mapping of the Gulf of Mexico. tion, construction contingencies, and acquisi- for the projects subject to the master credit
SEC. 1606. EFFECT. tion of equipment; and agreement, including—
(a) DEFINITION OF DEEPWATER HORIZON OIL ‘‘(C) capitalized interest necessary to meet ‘‘(i) completion of an environmental impact
SPILL.—In this section, the term ‘‘Deepwater market requirements, reasonably required re- statement or similar analysis required under the
Horizon oil spill’’ has the meaning given the serve funds, capital issuance expenses, and National Environmental Policy Act of 1969 (42
term in section 311(a) of the Federal Water Pol- other carrying costs during construction. U.S.C. 4321 et seq.);
lution Control Act (33 U.S.C. 1321(a)). ‘‘(3) FEDERAL CREDIT INSTRUMENT.—The term ‘‘(ii) compliance with such other requirements
(b) EFFECT AND APPLICATION.—Nothing in ‘Federal credit instrument’ means a secured as are specified in section 602(c); and
this subtitle or any amendment made by this loan, loan guarantee, or line of credit author- ‘‘(iii) the availability of funds to carry out
subtitle— ized to be made available under this chapter this chapter; and
(1) supersedes or otherwise affects any other with respect to a project. ‘‘(E) require that contingent commitments re-
provision of Federal law, including, in par- ‘‘(4) INVESTMENT-GRADE RATING.—The term sult in a financial close and obligation of credit
ticular, laws providing recovery for injury to ‘investment-grade rating’ means a rating of assistance not later than 3 years after the date
natural resources under the Oil Pollution Act of BBB minus, Baa3, bbb minus, BBB (low), or of entry into the master credit agreement, or re-
1990 (33 U.S.C. 2701 et seq.) and laws for the higher assigned by a rating agency to project lease of the commitment, unless otherwise ex-
protection of public health and the environ- obligations. tended by the Secretary.
ment; or ‘‘(5) LENDER.—The term ‘lender’ means any ‘‘(11) OBLIGOR.—The term ‘obligor’ means a
(2) applies to any fine collected under section non-Federal qualified institutional buyer (as de- party that—
311 of the Federal Water Pollution Control Act fined in section 230.144A(a) of title 17, Code of ‘‘(A) is primarily liable for payment of the
(33 U.S.C. 1321) for any incident other than the Federal Regulations (or any successor regula- principal of or interest on a Federal credit in-
Deepwater Horizon oil spill. tion), known as Rule 144A(a) of the Securities strument; and
‘‘(B) may be a corporation, partnership, joint ‘‘(19) SUBSTANTIAL COMPLETION.—The term ‘‘(C) payments owing to the obligor under a
venture, trust, or governmental entity, agency, ‘substantial completion’ means— public-private partnership; or
or instrumentality. ‘‘(A) the opening of a project to vehicular or ‘‘(D) other dedicated revenue sources that also
‘‘(12) PROJECT.—The term ‘project’ means— passenger traffic; or secure or fund the project obligations.
‘‘(A) any surface transportation project eligi- ‘‘(B) a comparable event, as determined by the ‘‘(7) PUBLIC SPONSORSHIP OF PRIVATE ENTI-
ble for Federal assistance under this title or Secretary and specified in the credit agreement. TIES.—In the case of a project that is under-
chapter 53 of title 49; ‘‘(20) TIFIA PROGRAM.—The term ‘TIFIA pro- taken by an entity that is not a State or local
‘‘(B) a project for an international bridge or gram’ means the transportation infrastructure government or an agency or instrumentality of
tunnel for which an international entity au- finance and innovation program of the Depart- a State or local government, the project that the
thorized under Federal or State law is respon- ment. entity is undertaking shall be publicly spon-
sible; ‘‘(b) TREATMENT OF CHAPTER.—For purposes sored as provided in paragraph (3).
‘‘(C) a project for intercity passenger bus or of this title, this chapter shall be treated as ‘‘(8) APPLICATIONS WHERE OBLIGOR WILL BE
rail facilities and vehicles, including facilities being part of chapter 1. IDENTIFIED LATER.—A State, local government,
and vehicles owned by the National Railroad agency or instrumentality of a State or local
‘‘§ 602. Determination of eligibility and project
Passenger Corporation and components of mag- government, or public authority may submit to
selection
netic levitation transportation systems; and the Secretary an application under paragraph
‘‘(D) a project that— ‘‘(a) ELIGIBILITY.— (4), under which a private party to a public-pri-
‘‘(i) is a project— ‘‘(1) IN GENERAL.—A project shall be eligible to vate partnership will be—
‘‘(I) for a public freight rail facility or a pri- receive credit assistance under this chapter if— ‘‘(A) the obligor; and
vate facility providing public benefit for high- ‘‘(A) the entity proposing to carry out the ‘‘(B) identified later through completion of a
way users by way of direct freight interchange project submits a letter of interest prior to sub- procurement and selection of the private party.
between highway and rail carriers; mission of a formal application for the project; ‘‘(9) BENEFICIAL EFFECTS.—The Secretary
‘‘(II) for an intermodal freight transfer facil- and shall determine that financial assistance for the
ity; ‘‘(B) the project meets the criteria described in project under this chapter will—
‘‘(III) for a means of access to a facility de- this subsection. ‘‘(A) foster, if appropriate, partnerships that
scribed in subclause (I) or (II); ‘‘(2) CREDITWORTHINESS.— attract public and private investment for the
‘‘(IV) for a service improvement for a facility ‘‘(A) IN GENERAL.—To be eligible for assist- project;
described in subclause (I) or (II) (including a ance under this chapter, a project shall satisfy ‘‘(B) enable the project to proceed at an ear-
capital investment for an intelligent transpor- applicable creditworthiness standards, which, at lier date than the project would otherwise be
tation system); or a minimum, shall include— able to proceed or reduce the lifecycle costs (in-
‘‘(V) that comprises a series of projects de- ‘‘(i) a rate covenant, if applicable; cluding debt service costs) of the project; and
scribed in subclauses (I) through (IV) with the ‘‘(ii) adequate coverage requirements to ensure ‘‘(C) reduce the contribution of Federal grant
common objective of improving the flow of repayment; assistance for the project.
goods; ‘‘(iii) an investment grade rating from at least ‘‘(10) PROJECT READINESS.—To be eligible for
‘‘(ii) may involve the combining of private and 2 rating agencies on debt senior to the Federal assistance under this chapter, the applicant
public sector funds, including investment of credit instrument; and shall demonstrate a reasonable expectation that
public funds in private sector facility improve- ‘‘(iv) a rating from at least 2 rating agencies the contracting process for construction of the
ments; on the Federal credit instrument, subject to the project can commence by not later than 90 days
‘‘(iii) if located within the boundaries of a condition that, with respect to clause (iii), if the after the date on which a Federal credit instru-
port terminal, includes only such surface trans- total amount of the senior debt and the Federal ment is obligated for the project under this
portation infrastructure modifications as are credit instrument is less than $75,000,000, 1 rat- chapter.
necessary to facilitate direct intermodal inter- ing agency opinion for each of the senior debt ‘‘(b) SELECTION AMONG ELIGIBLE PROJECTS.—
change, transfer, and access into and out of the and Federal credit instrument shall be suffi- ‘‘(1) ESTABLISHMENT.—The Secretary shall es-
port; and cient. tablish a rolling application process under
‘‘(iv) is composed of related highway, surface which projects that are eligible to receive credit
‘‘(B) SENIOR DEBT.—Notwithstanding sub-
transportation, transit, rail, or intermodal cap- assistance under subsection (a) shall receive
paragraph (A), in a case in which the Federal
ital improvement projects eligible for assistance credit assistance on terms acceptable to the Sec-
credit instrument is the senior debt, the Federal
under this section in order to meet the eligible retary, if adequate funds are available to cover
credit instrument shall be required to receive an
project cost threshold under section 602, by the subsidy costs associated with the Federal
investment grade rating from at least 2 rating
grouping related projects together for that pur- credit instrument.
agencies, unless the credit instrument is for an
pose, subject to the condition that the credit as- ‘‘(2) ADEQUATE FUNDING NOT AVAILABLE.—If
amount less than $75,000,000, in which case 1
sistance for the projects is secured by a common the Secretary fully obligates funding to eligible
rating agency opinion shall be sufficient.
pledge. ‘‘(3) INCLUSION IN TRANSPORTATION PLANS AND projects in a fiscal year, and adequate funding
‘‘(13) PROJECT OBLIGATION.—The term ‘project is not available to fund a credit instrument, a
PROGRAMS.—A project shall satisfy the applica-
obligation’ means any note, bond, debenture, or project sponsor of an eligible project may elect
ble planning and programming requirements of
other debt obligation issued by an obligor in to enter into a master credit agreement and wait
sections 134 and 135 at such time as an agree-
connection with the financing of a project, until the earlier of—
ment to make available a Federal credit instru-
other than a Federal credit instrument. ‘‘(A) the following fiscal year; and
‘‘(14) RATING AGENCY.—The term ‘rating agen- ment is entered into under this chapter.
‘‘(4) APPLICATION.—A State, local government, ‘‘(B) the fiscal year during which additional
cy’ means a credit rating agency registered with funds are available to receive credit assistance.
the Securities and Exchange Commission as a public authority, public-private partnership, or
‘‘(3) PRELIMINARY RATING OPINION LETTER.—
nationally recognized statistical rating organi- any other legal entity undertaking the project
The Secretary shall require each project appli-
zation (as that term is defined in section 3(a) of and authorized by the Secretary shall submit a
cant to provide a preliminary rating opinion let-
the Securities Exchange Act of 1934 (15 U.S.C. project application that is acceptable to the Sec-
ter from at least 1 rating agency—
78c(a))). retary.
‘‘(A) indicating that the senior obligations of
‘‘(15) RURAL INFRASTRUCTURE PROJECT.—The ‘‘(5) ELIGIBLE PROJECT COSTS.—
the project, which may be the Federal credit in-
term ‘rural infrastructure project’ means a sur- ‘‘(A) IN GENERAL.—Except as provided in sub-
strument, have the potential to achieve an in-
face transportation infrastructure project lo- paragraph (B), to be eligible for assistance
vestment-grade rating; and
cated in any area other than a city with a pop- under this chapter, a project shall have eligible ‘‘(B) including a preliminary rating opinion
ulation of more than 250,000 inhabitants within project costs that are reasonably anticipated to on the Federal credit instrument.
the city limits. equal or exceed the lesser of— ‘‘(c) FEDERAL REQUIREMENTS.—
‘‘(16) SECURED LOAN.—The term ‘secured loan’ ‘‘(i)(I) $50,000,000; or ‘‘(1) IN GENERAL.—In addition to the require-
means a direct loan or other debt obligation ‘‘(II) in the case of a rural infrastructure ments of this title for highway projects, the re-
issued by an obligor and funded by the Sec- project, $25,000,000; and quirements of chapter 53 of title 49 for transit
retary in connection with the financing of a ‘‘(ii) 331⁄3 percent of the amount of Federal projects, and the requirements of section 5333(a)
project under section 603. highway assistance funds apportioned for the of title 49 for rail projects, the following provi-
‘‘(17) STATE.—The term ‘State’ has the mean- most recently completed fiscal year to the State sions of law shall apply to funds made available
ing given the term in section 101. in which the project is located. under this chapter and projects assisted with
‘‘(18) SUBSIDY AMOUNT.—The term ‘subsidy ‘‘(B) INTELLIGENT TRANSPORTATION SYSTEM those funds:
amount’ means the amount of budget authority PROJECTS.—In the case of a project principally ‘‘(A) Title VI of the Civil Rights Act of 1964
sufficient to cover the estimated long-term cost involving the installation of an intelligent (42 U.S.C. 2000d et seq.).
to the Federal Government of a Federal credit transportation system, eligible project costs shall ‘‘(B) The National Environmental Policy Act
instrument— be reasonably anticipated to equal or exceed of 1969 (42 U.S.C. 4321 et seq.).
‘‘(A) calculated on a net present value basis; $15,000,000. ‘‘(C) The Uniform Relocation Assistance and
and ‘‘(6) DEDICATED REVENUE SOURCES.—The ap- Real Property Acquisition Policies Act of 1970
‘‘(B) excluding administrative costs and any plicable Federal credit instrument shall be re- (42 U.S.C. 4601 et seq.).
incidental effects on governmental receipts or payable, in whole or in part, from— ‘‘(2) NEPA.—No funding shall be obligated for
outlays in accordance with the Federal Credit ‘‘(A) tolls; a project that has not received an environ-
Reform Act of 1990 (2 U.S.C. 661 et seq.). ‘‘(B) user fees; mental categorical exclusion, a finding of no
significant impact, or a record of decision under ‘‘(4) INTEREST RATE.— ‘‘(A) IN GENERAL.—If, at any time after the
the National Environmental Policy Act of 1969 ‘‘(A) IN GENERAL.—Except as provided in sub- date of substantial completion of the project, the
(42 U.S.C. 4321 et seq.). paragraphs (B) and (C), the interest rate on a project is unable to generate sufficient revenues
‘‘(d) APPLICATION PROCESSING PROCEDURES.— secured loan under this section shall be not less to pay the scheduled loan repayments of prin-
‘‘(1) NOTICE OF COMPLETE APPLICATION.—Not than the yield on United States Treasury securi- cipal and interest on the secured loan, the Sec-
later than 30 days after the date of receipt of an ties of a similar maturity to the maturity of the retary may, subject to subparagraph (C), allow
application under this section, the Secretary secured loan on the date of execution of the the obligor to add unpaid principal and interest
shall provide to the applicant a written notice to loan agreement. to the outstanding balance of the secured loan.
inform the applicant whether— ‘‘(B) RURAL INFRASTRUCTURE PROJECTS.— ‘‘(B) INTEREST.—Any payment deferred under
‘‘(A) the application is complete; or ‘‘(i) IN GENERAL.—The interest rate of a loan subparagraph (A) shall—
‘‘(B) additional information or materials are offered to a rural infrastructure project under ‘‘(i) continue to accrue interest in accordance
needed to complete the application. this chapter shall be at 1⁄2 of the Treasury Rate with subsection (b)(4) until fully repaid; and
‘‘(2) APPROVAL OR DENIAL OF APPLICATION.— in effect on the date of execution of the loan ‘‘(ii) be scheduled to be amortized over the re-
Not later than 60 days after the date of issuance agreement. maining term of the loan.
of the written notice under paragraph (1), the ‘‘(ii) APPLICATION.—The rate described in ‘‘(C) CRITERIA.—
Secretary shall provide to the applicant a writ- clause (i) shall only apply to any portion of a ‘‘(i) IN GENERAL.—Any payment deferral
ten notice informing the applicant whether the loan the subsidy cost of which is funded by under subparagraph (A) shall be contingent on
Secretary has approved or disapproved the ap- amounts set aside for rural infrastructure the project meeting criteria established by the
plication. projects under section 608(a)(3)(A). Secretary.
‘‘(e) DEVELOPMENT PHASE ACTIVITIES.—Any ‘‘(C) LIMITED BUYDOWNS.—The interest rate of ‘‘(ii) REPAYMENT STANDARDS.—The criteria es-
credit instrument secured under this chapter a secured loan under this section may not be tablished pursuant to clause (i) shall include
may be used to finance up to 100 percent of the lowered by more than the lower of— standards for reasonable assurance of repay-
cost of development phase activities as described ‘‘(i) 11⁄2 percentage points (150 basis points); or ment.
in section 601(a)(1)(A). ‘‘(ii) the amount of the increase in the interest ‘‘(4) PREPAYMENT.—
‘‘§ 603. Secured loans rate. ‘‘(A) USE OF EXCESS REVENUES.—Any excess
‘‘(a) IN GENERAL.— ‘‘(5) MATURITY DATE.—The final maturity revenues that remain after satisfying scheduled
‘‘(1) AGREEMENTS.—Subject to paragraphs (2) date of the secured loan shall be the lesser of— debt service requirements on the project obliga-
and (3), the Secretary may enter into agree- ‘‘(A) 35 years after the date of substantial tions and secured loan and all deposit require-
ments with 1 or more obligors to make secured completion of the project; and ments under the terms of any trust agreement,
loans, the proceeds of which shall be used— ‘‘(B) if the useful life of the capital asset bond resolution, or similar agreement securing
‘‘(A) to finance eligible project costs of any being financed is of a lesser period, the useful project obligations may be applied annually to
project selected under section 602; life of the asset. prepay the secured loan without penalty.
‘‘(B) to refinance interim construction financ- ‘‘(6) NONSUBORDINATION.— ‘‘(B) USE OF PROCEEDS OF REFINANCING.—The
ing of eligible project costs of any project se- ‘‘(A) IN GENERAL.—Except as provided in sub- secured loan may be prepaid at any time with-
lected under section 602; paragraph (B), the secured loan shall not be out penalty from the proceeds of refinancing
‘‘(C) to refinance existing Federal credit in- subordinated to the claims of any holder of from non-Federal funding sources.
struments for rural infrastructure projects; or project obligations in the event of bankruptcy, ‘‘(d) SALE OF SECURED LOANS.—
‘‘(D) to refinance long-term project obligations insolvency, or liquidation of the obligor. ‘‘(1) IN GENERAL.—Subject to paragraph (2), as
or Federal credit instruments, if the refinancing ‘‘(B) PREEXISTING INDENTURE.— soon as practicable after substantial completion
provides additional funding capacity for the ‘‘(i) IN GENERAL.—The Secretary shall waive of a project and after notifying the obligor, the
completion, enhancement, or expansion of any the requirement under subparagraph (A) for a Secretary may sell to another entity or reoffer
project that— public agency borrower that is financing ongo- into the capital markets a secured loan for the
‘‘(i) is selected under section 602; or ing capital programs and has outstanding senior project if the Secretary determines that the sale
‘‘(ii) otherwise meets the requirements of sec- bonds under a preexisting indenture, if— or reoffering can be made on favorable terms.
tion 602. ‘‘(I) the secured loan is rated in the A cat- ‘‘(2) CONSENT OF OBLIGOR.—In making a sale
‘‘(2) LIMITATION ON REFINANCING OF INTERIM egory or higher; or reoffering under paragraph (1), the Secretary
CONSTRUCTION FINANCING.—A loan under para- ‘‘(II) the secured loan is secured and payable may not change the original terms and condi-
graph (1) shall not refinance interim construc- from pledged revenues not affected by project tions of the secured loan without the written
tion financing under paragraph (1)(B) later performance, such as a tax-backed revenue consent of the obligor.
than 1 year after the date of substantial comple- pledge or a system-backed pledge of project reve- ‘‘(e) LOAN GUARANTEES.—
tion of the project. nues; and ‘‘(1) IN GENERAL.—The Secretary may provide
‘‘(3) RISK ASSESSMENT.—Before entering into ‘‘(III) the TIFIA program share of eligible a loan guarantee to a lender in lieu of making
an agreement under this subsection, the Sec- project costs is 33 percent or less. a secured loan under this section if the Sec-
retary, in consultation with the Director of the ‘‘(ii) LIMITATION.—If the Secretary waives the retary determines that the budgetary cost of the
Office of Management and Budget, shall deter- nonsubordination requirement under this sub- loan guarantee is substantially the same as that
mine an appropriate capital reserve subsidy paragraph— of a secured loan.
amount for each secured loan, taking into ac- ‘‘(I) the maximum credit subsidy to be paid by ‘‘(2) TERMS.—The terms of a loan guarantee
count each rating letter provided by an agency the Federal Government shall be not more than under paragraph (1) shall be consistent with the
under section 602(b)(3)(B). 10 percent of the principal amount of the se- terms required under this section for a secured
‘‘(b) TERMS AND LIMITATIONS.— cured loan; and loan, except that the rate on the guaranteed
‘‘(1) IN GENERAL.—A secured loan under this ‘‘(II) the obligor shall be responsible for pay- loan and any prepayment features shall be ne-
section with respect to a project shall be on such ing the remainder of the subsidy cost, if any. gotiated between the obligor and the lender,
terms and conditions and contain such cov- ‘‘(7) FEES.—The Secretary may establish fees with the consent of the Secretary.
enants, representations, warranties, and re- at a level sufficient to cover all or a portion of
the costs to the Federal Government of making ‘‘§ 604. Lines of credit
quirements (including requirements for audits)
as the Secretary determines to be appropriate. a secured loan under this section. ‘‘(a) IN GENERAL.—
‘‘(2) MAXIMUM AMOUNT.—The amount of a se- ‘‘(8) NON-FEDERAL SHARE.—The proceeds of a ‘‘(1) AGREEMENTS.—Subject to paragraphs (2)
cured loan under this section shall not exceed secured loan under this chapter may be used for through (4), the Secretary may enter into agree-
the lesser of 49 percent of the reasonably antici- any non-Federal share of project costs required ments to make available to 1 or more obligors
pated eligible project costs or if the secured loan under this title or chapter 53 of title 49, if the lines of credit in the form of direct loans to be
does not receive an investment grade rating, the loan is repayable from non-Federal funds. made by the Secretary at future dates on the oc-
amount of the senior project obligations. ‘‘(9) MAXIMUM FEDERAL INVOLVEMENT.—The currence of certain events for any project se-
‘‘(3) PAYMENT.—A secured loan under this total Federal assistance provided on a project lected under section 602.
section— receiving a loan under this chapter shall not ex- ‘‘(2) USE OF PROCEEDS.—The proceeds of a
‘‘(A) shall— ceed 80 percent of the total project cost. line of credit made available under this section
‘‘(i) be payable, in whole or in part, from— ‘‘(c) REPAYMENT.— shall be available to pay debt service on project
‘‘(I) tolls; ‘‘(1) SCHEDULE.—The Secretary shall establish obligations issued to finance eligible project
‘‘(II) user fees; a repayment schedule for each secured loan costs, extraordinary repair and replacement
‘‘(III) payments owing to the obligor under a under this section based on— costs, operation and maintenance expenses, and
public-private partnership; or ‘‘(A) the projected cash flow from project reve- costs associated with unexpected Federal or
‘‘(IV) other dedicated revenue sources that nues and other repayment sources; and State environmental restrictions.
also secure the senior project obligations; and ‘‘(B) the useful life of the project. ‘‘(3) RISK ASSESSMENT.—Before entering into
‘‘(ii) include a rate covenant, coverage re- ‘‘(2) COMMENCEMENT.—Scheduled loan repay- an agreement under this subsection, the Sec-
quirement, or similar security feature supporting ments of principal or interest on a secured loan retary, in consultation with the Director of the
the project obligations; and under this section shall commence not later than Office of Management and Budget and each
‘‘(B) may have a lien on revenues described in 5 years after the date of substantial completion rating agency providing a preliminary rating
subparagraph (A), subject to any lien securing of the project. opinion letter under section 602(b)(3), shall de-
project obligations. ‘‘(3) DEFERRED PAYMENTS.— termine an appropriate capital reserve subsidy
amount for each line of credit, taking into ac- ‘‘(I) the maximum credit subsidy to be paid by ‘‘§ 608. Funding
count the rating opinion letter. the Federal Government shall be not more than ‘‘(a) FUNDING.—
‘‘(4) INVESTMENT-GRADE RATING REQUIRE- 10 percent of the principal amount of the se- ‘‘(1) SPENDING AND BORROWING AUTHORITY.—
MENT.—The funding of a line of credit under cured loan; and Spending and borrowing authority for a fiscal
this section shall be contingent on the senior ob- ‘‘(II) the obligor shall be responsible for pay- year to enter into Federal credit instruments
ligations of the project receiving an investment- ing the remainder of the subsidy cost. shall be promptly apportioned to the Secretary
grade rating from 2 rating agencies. ‘‘(9) FEES.—The Secretary may establish fees on a fiscal-year basis.
‘‘(b) TERMS AND LIMITATIONS.— at a level sufficient to cover all or a portion of ‘‘(2) REESTIMATES.—If the subsidy cost of a
‘‘(1) IN GENERAL.—A line of credit under this the costs to the Federal Government of pro- Federal credit instrument is reestimated, the
section with respect to a project shall be on such viding a line of credit under this section. cost increase or decrease of the reestimate shall
terms and conditions and contain such cov- ‘‘(10) RELATIONSHIP TO OTHER CREDIT INSTRU- be borne by, or benefit, the general fund of the
enants, representations, warranties, and re- MENTS.—A project that receives a line of credit
Treasury, consistent with section 504(f) the Con-
quirements (including requirements for audits) under this section also shall not receive a se-
gressional Budget Act of 1974 (2 U.S.C. 661c(f)).
as the Secretary determines to be appropriate. cured loan or loan guarantee under section 603 ‘‘(3) RURAL SET-ASIDE.—
‘‘(2) MAXIMUM AMOUNTS.—The total amount in an amount that, combined with the amount ‘‘(A) IN GENERAL.—Of the total amount of
of a line of credit under this section shall not of the line of credit, exceeds 49 percent of eligi- funds made available to carry out this chapter
exceed 33 percent of the reasonably anticipated ble project costs. for each fiscal year, not more than 10 percent
eligible project costs. ‘‘(c) REPAYMENT.— shall be set aside for rural infrastructure
‘‘(3) DRAWS.—Any draw on a line of credit ‘‘(1) TERMS AND CONDITIONS.—The Secretary
projects.
under this section shall— shall establish repayment terms and conditions
‘‘(B) REOBLIGATION.—Any amounts set aside
‘‘(A) represent a direct loan; and for each direct loan under this section based
under subparagraph (A) that remain unobli-
‘‘(B) be made only if net revenues from the on—
‘‘(A) the projected cash flow from project reve- gated by June 1 of the fiscal year for which the
project (including capitalized interest, but not
nues and other repayment sources; and amounts were set aside shall be available for ob-
including reasonably required financing re-
‘‘(B) the useful life of the asset being fi- ligation by the Secretary on projects other than
serves) are insufficient to pay the costs specified
nanced. rural infrastructure projects.
in subsection (a)(2). ‘‘(4) REDISTRIBUTION OF AUTHORIZED FUND-
‘‘(4) INTEREST RATE.—Except as provided in ‘‘(2) TIMING.—All repayments of principal or
interest on a direct loan under this section shall ING.—
subparagraphs (B) and (C) of section 603(b)(4), ‘‘(A) IN GENERAL.—Beginning in fiscal year
the interest rate on a direct loan resulting from be scheduled—
‘‘(A) to commence not later than 5 years after 2014, on April 1 of each fiscal year, if the cumu-
a draw on the line of credit shall be not less lative unobligated and uncommitted balance of
than the yield on 30-year United States Treas- the end of the period of availability specified in
subsection (b)(6); and funding available exceeds 75 percent of the
ury securities, as of the date of execution of the amount made available to carry out this chapter
‘‘(B) to conclude, with full repayment of prin-
line of credit agreement. for that fiscal year, the Secretary shall dis-
cipal and interest, by the date that is 25 years
‘‘(5) SECURITY.—A line of credit issued under
after the end of the period of availability speci- tribute to the States the amount of funds and
this section—
‘‘(A) shall— fied in subsection (b)(6). associated obligation authority in excess of that
‘‘(i) be payable, in whole or in part, from— ‘‘§ 605. Program administration amount.
‘‘(I) tolls; ‘‘(a) REQUIREMENT.—The Secretary shall es- ‘‘(B) DISTRIBUTION.—The amounts and obliga-
‘‘(II) user fees; tablish a uniform system to service the Federal tion authority distributed under this paragraph
‘‘(III) payments owing to the obligor under a credit instruments made available under this shall be distributed, in the same manner as obli-
public-private partnership; or chapter. gation authority is distributed to the States for
‘‘(IV) other dedicated revenue sources that ‘‘(b) FEES.—The Secretary may collect and the fiscal year, based on the proportion that—
also secure the senior project obligations; and spend fees, contingent on authority being pro- ‘‘(i) the relative share of each State of obliga-
‘‘(ii) include a rate covenant, coverage re- vided in appropriations Acts, at a level that is tion authority for the fiscal year; bears to
quirement, or similar security feature supporting sufficient to cover— ‘‘(ii) the total amount of obligation authority
the project obligations; and ‘‘(1) the costs of services of expert firms re- distributed to all States for the fiscal year.
‘‘(B) may have a lien on revenues described in tained pursuant to subsection (d); and ‘‘(C) PURPOSE.—Funds distributed under sub-
subparagraph (A), subject to any lien securing ‘‘(2) all or a portion of the costs to the Federal paragraph (B) shall be available for any pur-
project obligations. Government of servicing the Federal credit in- pose described in section 133(b).
‘‘(6) PERIOD OF AVAILABILITY.—The full struments. ‘‘(5) AVAILABILITY.—Amounts made available
amount of a line of credit under this section, to ‘‘(c) SERVICER.— to carry out this chapter shall remain available
the extent not drawn upon, shall be available ‘‘(1) IN GENERAL.—The Secretary may appoint until expended.
during the 10-year period beginning on the date a financial entity to assist the Secretary in serv- ‘‘(6) ADMINISTRATIVE COSTS.—Of the amounts
of substantial completion of the project. icing the Federal credit instruments. made available to carry out this chapter, the
‘‘(7) RIGHTS OF THIRD-PARTY CREDITORS.— ‘‘(2) DUTIES.—A servicer appointed under Secretary may use not more than 0.50 percent
‘‘(A) AGAINST FEDERAL GOVERNMENT.—A paragraph (1) shall act as the agent for the Sec- for each fiscal year for the administration of
third-party creditor of the obligor shall not have retary. this chapter.
any right against the Federal Government with ‘‘(3) FEE.—A servicer appointed under para- ‘‘(b) CONTRACT AUTHORITY.—
respect to any draw on a line of credit under graph (1) shall receive a servicing fee, subject to ‘‘(1) IN GENERAL.—Notwithstanding any other
this section. approval by the Secretary. provision of law, execution of a term sheet by
‘‘(B) ASSIGNMENT.—An obligor may assign a ‘‘(d) ASSISTANCE FROM EXPERT FIRMS.—The the Secretary of a Federal credit instrument
line of credit under this section to— Secretary may retain the services of expert that uses amounts made available under this
‘‘(i) 1 or more lenders; or firms, including counsel, in the field of munic- chapter shall impose on the United States a con-
‘‘(ii) a trustee on the behalf of such a lender. ipal and project finance to assist in the under- tractual obligation to fund the Federal credit in-
‘‘(8) NONSUBORDINATION.— writing and servicing of Federal credit instru- vestment.
‘‘(A) IN GENERAL.—Except as provided in sub- ments. ‘‘(2) AVAILABILITY.—Amounts made available
paragraph (B), a direct loan under this section ‘‘(e) EXPEDITED PROCESSING.—The Secretary to carry out this chapter for a fiscal year shall
shall not be subordinated to the claims of any shall implement procedures and measures to be available for obligation on October 1 of the
holder of project obligations in the event of economize the time and cost involved in obtain- fiscal year.
bankruptcy, insolvency, or liquidation of the ob- ing approval and the issuance of credit assist- ‘‘§ 609. Reports to Congress
ligor. ance under this chapter.
‘‘(B) PRE-EXISTING INDENTURE.— ‘‘(a) IN GENERAL.—On June 1, 2012, and every
‘‘§ 606. State and local permits 2 years thereafter, the Secretary shall submit to
‘‘(i) IN GENERAL.—The Secretary shall waive
the requirement of subparagraph (A) for a pub- ‘‘The provision of credit assistance under this Congress a report summarizing the financial
lic agency borrower that is financing ongoing chapter with respect to a project shall not— performance of the projects that are receiving,
‘‘(1) relieve any recipient of the assistance of or have received, assistance under this chapter
capital programs and has outstanding senior
any obligation to obtain any required State or (other than section 610), including a rec-
bonds under a preexisting indenture, if—
‘‘(I) the line of credit is rated in the A cat- local permit or approval with respect to the ommendation as to whether the objectives of this
egory or higher; project; chapter (other than section 610) are best served
‘‘(II) the TIFIA program loan resulting from a ‘‘(2) limit the right of any unit of State or by—
draw on the line of credit is payable from local government to approve or regulate any ‘‘(1) continuing the program under the au-
pledged revenues not affected by project per- rate of return on private equity invested in the thority of the Secretary;
formance, such as a tax-backed revenue pledge project; or ‘‘(2) establishing a Federal corporation or fed-
‘‘(3) otherwise supersede any State or local erally sponsored enterprise to administer the
or a system-backed pledge of project revenues;
law (including any regulation) applicable to the program; or
and
‘‘(III) the TIFIA program share of eligible construction or operation of the project. ‘‘(3) phasing out the program and relying on
project costs is 33 percent or less. ‘‘§ 607. Regulations the capital markets to fund the types of infra-
‘‘(ii) LIMITATION.—If the Secretary waives the ‘‘The Secretary may promulgate such regula- structure investments assisted by this chapter
nonsubordination requirement under this sub- tions as the Secretary determines to be appro- (other than section 610) without Federal partici-
paragraph— priate to carry out this chapter. pation.
‘‘(b) APPLICATION PROCESS REPORT.— service to all users, including individuals with ‘‘(II) establishes new or enhanced coordina-
‘‘(1) IN GENERAL.—Not later than December 1, disabilities, seniors, and individuals who depend tion between public transportation and other
2012, and annually thereafter, the Secretary on public transportation; transportation;
shall submit to the Committee on Transportation ‘‘(7) support research, development, dem- ‘‘(iii) provides a fair share of revenue that will
and Infrastructure of the House of Representa- onstration, and deployment projects dedicated be used for public transportation;
tives and the Committee on Environment and to assisting in the delivery of efficient and effec- ‘‘(iv) provides that a person making an agree-
Public Works of the Senate a report that in- tive public transportation service; and ment to occupy space in a facility constructed
cludes a list of all of the letters of interest and ‘‘(8) promote the development of the public under this paragraph shall pay a fair share of
applications received from project sponsors for transportation workforce.’’. the costs of the facility through rental payments
assistance under this chapter (other than sec- SEC. 20004. DEFINITIONS. and other means;
tion 610) during the preceding fiscal year. Section 5302 of title 49, United States Code, is ‘‘(v) may include—
‘‘(2) INCLUSIONS.— amended to read as follows: ‘‘(I) property acquisition;
‘‘(A) IN GENERAL.—Each report under para- ‘‘§ 5302. Definitions ‘‘(II) demolition of existing structures;
graph (1) shall include, at a minimum, a de- ‘‘Except as otherwise specifically provided, in ‘‘(III) site preparation;
scription of, with respect to each letter of inter- this chapter the following definitions apply: ‘‘(IV) utilities;
est and application included in the report— ‘‘(1) ASSOCIATED TRANSIT IMPROVEMENT.—The ‘‘(V) building foundations;
‘‘(i) the date on which the letter of interest or term ‘associated transit improvement’ means, ‘‘(VI) walkways;
application was received; with respect to any project or an area to be ‘‘(VII) pedestrian and bicycle access to a pub-
‘‘(ii) the date on which a notification was pro- served by a project, projects that are designed to lic transportation facility;
vided to the project sponsor regarding whether enhance public transportation service or use ‘‘(VIII) construction, renovation, and im-
the application was complete or incomplete; and that are physically or functionally related provement of intercity bus and intercity rail sta-
‘‘(iii) the date on which a revised and com- to transit facilities. Eligible projects are— tions and terminals;
pleted application was submitted (if applicable); ‘‘(A) historic preservation, rehabilitation, and ‘‘(IX) renovation and improvement of historic
‘‘(iv) the date on which a notification was operation of historic public transportation transportation facilities;
provided to the project sponsor regarding buildings, structures, and facilities (including ‘‘(X) open space;
whether the project was approved or dis- historic bus and railroad facilities) intended for ‘‘(XI) safety and security equipment and fa-
approved; and use in public transportation service; cilities (including lighting, surveillance, and re-
‘‘(v) if the project was not approved, the rea- ‘‘(B) bus shelters; lated intelligent transportation system applica-
son for the disapproval. ‘‘(C) landscaping and streetscaping, including tions);
‘‘(B) CORRESPONDENCE.—Each report under benches, trash receptacles, and street lights; ‘‘(XII) facilities that incorporate community
paragraph (1) shall include copies of any cor- ‘‘(D) pedestrian access and walkways; services such as daycare or health care;
respondence provided to the project sponsor in ‘‘(E) bicycle access, including bicycle storage ‘‘(XIII) a capital project for, and improving,
accordance with section 602(d).’’. facilities and installing equipment for trans- equipment or a facility for an intermodal trans-
porting bicycles on public transportation vehi- fer facility or transportation mall; and
DIVISION B—PUBLIC TRANSPORTATION ‘‘(XIV) construction of space for commercial
cles;
SEC. 20001. SHORT TITLE. ‘‘(F) signage; or uses; and
This division may be cited as the ‘‘Federal ‘‘(G) enhanced access for persons with disabil- ‘‘(vi) does not include outfitting of commercial
Public Transportation Act of 2012’’. ities to public transportation. space (other than an intercity bus or rail station
SEC. 20002. REPEALS. ‘‘(2) BUS RAPID TRANSIT SYSTEM.—The term or terminal) or a part of a public facility not re-
(a) CHAPTER 53.—Chapter 53 of title 49, United ‘bus rapid transit system’ means a bus transit lated to public transportation;
States Code, is amended by striking sections system— ‘‘(H) the introduction of new technology,
5308, 5316, 5317, 5320, and 5328. ‘‘(A) in which the majority of each line oper- through innovative and improved products, into
(b) TRANSPORTATION EQUITY ACT FOR THE ates in a separated right-of-way dedicated for public transportation;
21ST CENTURY.—Section 3038 of the Transpor- public transportation use during peak periods; ‘‘(I) the provision of nonfixed route para-
tation Equity Act for the 21st Century (49 U.S.C. and transit transportation services in accordance
5310 note) is repealed. ‘‘(B) that includes features that emulate the with section 223 of the Americans with Disabil-
(c) SAFETEA–LU.—The following provisions services provided by rail fixed guideway public ities Act of 1990 (42 U.S.C. 12143), but only for
are repealed: transportation systems, including— grant recipients that are in compliance with ap-
‘‘(i) defined stations; plicable requirements of that Act, including both
(1) Section 3009(i) of SAFETEA–LU (Public
‘‘(ii) traffic signal priority for public transpor- fixed route and demand responsive service, and
Law 109–59; 119 Stat. 1572).
tation vehicles; only for amounts not to exceed 10 percent of
(2) Section 3011(c) of SAFETEA–LU (49 U.S.C. ‘‘(iii) short headway bidirectional services for
5309 note). such recipient’s annual formula apportionment
a substantial part of weekdays and weekend under sections 5307 and 5311;
(3) Section 3012(b) of SAFETEA–LU (49 U.S.C. days; and
5310 note). ‘‘(J) establishing a debt service reserve, made
‘‘(iv) any other features the Secretary may de-
(4) Section 3045 of SAFETEA–LU (49 U.S.C. up of deposits with a bondholder’s trustee, to
termine are necessary to produce high-quality
5308 note). ensure the timely payment of principal and in-
public transportation services that emulate the
(5) Section 3046 of SAFETEA–LU (49 U.S.C. terest on bonds issued by a grant recipient to fi-
services provided by rail fixed guideway public
5338 note). nance an eligible project under this chapter;
transportation systems. ‘‘(K) mobility management—
SEC. 20003. POLICIES AND PURPOSES. ‘‘(3) CAPITAL PROJECT.—The term ‘capital
Section 5301 of title 49, United States Code, is ‘‘(i) consisting of short-range planning and
project’ means a project for—
amended to read as follows: management activities and projects for improv-
‘‘(A) acquiring, constructing, supervising, or
ing coordination among public transportation
‘‘§ 5301. Policies and purposes inspecting equipment or a facility for use in
and other transportation service providers car-
public transportation, expenses incidental to the
‘‘(a) DECLARATION OF POLICY.—It is in the in- ried out by a recipient or subrecipient through
acquisition or construction (including designing,
terest of the United States, including the eco- an agreement entered into with a person, in-
engineering, location surveying, mapping, and
nomic interest of the United States, to foster the cluding a governmental entity, under this chap-
acquiring rights-of-way), payments for the cap-
development and revitalization of public trans- ter (other than section 5309); but
ital portions of rail trackage rights agreements,
portation systems with the cooperation of both ‘‘(ii) excluding operating public transpor-
transit-related intelligent transportation sys-
public transportation companies and private tation services; or
tems, relocation assistance, acquiring replace-
companies engaged in public transportation. ‘‘(L) associated capital maintenance, includ-
ment housing sites, and acquiring, constructing,
‘‘(b) GENERAL PURPOSES.—The purposes of ing—
relocating, and rehabilitating replacement hous-
this chapter are to— ‘‘(i) equipment, tires, tubes, and material,
‘‘(1) provide funding to support public trans- ing;
each costing at least .5 percent of the current
‘‘(B) rehabilitating a bus;
portation; ‘‘(C) remanufacturing a bus; fair market value of rolling stock comparable to
‘‘(2) improve the development and delivery of ‘‘(D) overhauling rail rolling stock; the rolling stock for which the equipment, tires,
capital projects; ‘‘(E) preventive maintenance; tubes, and material are to be used; and
‘‘(3) establish standards for the state of good ‘‘(F) leasing equipment or a facility for use in ‘‘(ii) reconstruction of equipment and mate-
repair of public transportation infrastructure public transportation, subject to regulations rial, each of which after reconstruction will
and vehicles; that the Secretary prescribes limiting the leasing have a fair market value of at least .5 percent of
‘‘(4) promote continuing, cooperative, and arrangements to those that are more cost-effec- the current fair market value of rolling stock
comprehensive planning that improves the per- tive than purchase or construction; comparable to the rolling stock for which the
formance of the transportation network; ‘‘(G) a joint development improvement that— equipment and material will be used.
‘‘(5) establish a technical assistance program ‘‘(i) enhances economic development or incor- ‘‘(4) DESIGNATED RECIPIENT.—The term ‘des-
to assist recipients under this chapter to more porates private investment, such as commercial ignated recipient’ means—
effectively and efficiently provide public trans- and residential development; ‘‘(A) an entity designated, in accordance with
portation service; ‘‘(ii)(I) enhances the effectiveness of public the planning process under sections 5303 and
‘‘(6) continue Federal support for public transportation and is related physically or func- 5304, by the Governor of a State, responsible
transportation providers to deliver high quality tionally to public transportation; or local officials, and publicly owned operators of
public transportation, to receive and apportion ‘‘(12) NET PROJECT COST.—The term ‘net transportation planning processes by metropoli-
amounts under section 5336 to urbanized areas project cost’ means the part of a project that tan planning organizations, State departments
of 200,000 or more in population; or reasonably cannot be financed from revenues. of transportation, and public transit operators
‘‘(B) a State or regional authority, if the au- ‘‘(13) NEW BUS MODEL.—The term ‘new bus as guided by the planning factors identified in
thority is responsible under the laws of a State model’ means a bus model (including a model subsection (h) and section 5304(d).
for a capital project and for financing and di- using alternative fuel)— ‘‘(b) DEFINITIONS.—In this section and section
rectly providing public transportation. ‘‘(A) that has not been used in public trans- 5304, the following definitions apply:
‘‘(5) DISABILITY.—The term ‘disability’ has the portation in the United States before the date of ‘‘(1) METROPOLITAN PLANNING AREA.—The
same meaning as in section 3(1) of the Ameri- production of the model; or term ‘metropolitan planning area’ means the ge-
cans with Disabilities Act of 1990 (42 U.S.C. ‘‘(B) used in public transportation in the ographic area determined by agreement between
12102). United States, but being produced with a major the metropolitan planning organization for the
‘‘(6) EMERGENCY REGULATION.—The term change in configuration or components. area and the Governor under subsection (e).
‘emergency regulation’ means a regulation— ‘‘(14) PUBLIC TRANSPORTATION.—The term ‘‘(2) METROPOLITAN PLANNING ORGANIZA-
‘‘(A) that is effective temporarily before the ‘public transportation’— TION.—The term ‘metropolitan planning organi-
expiration of the otherwise specified periods of ‘‘(A) means regular, continuing shared-ride zation’ means the policy board of an organiza-
time for public notice and comment under sec- surface transportation services that are open to tion established as a result of the designation
tion 5334(c); and the general public or open to a segment of the process under subsection (d).
‘‘(B) prescribed by the Secretary as the result general public defined by age, disability, or low ‘‘(3) NONMETROPOLITAN AREA.—The term
of a finding that a delay in the effective date of income; and ‘nonmetropolitan area’ means a geographic area
the regulation— ‘‘(B) does not include— outside designated metropolitan planning areas.
‘‘(i) would injure seriously an important pub- ‘‘(i) intercity passenger rail transportation ‘‘(4) NONMETROPOLITAN LOCAL OFFICIAL.—The
lic interest; provided by the entity described in chapter 243 term ‘nonmetropolitan local official’ means
‘‘(ii) would frustrate substantially legislative (or a successor to such entity); elected and appointed officials of general pur-
policy and intent; or ‘‘(ii) intercity bus service; pose local government in a nonmetropolitan
‘‘(iii) would damage seriously a person or ‘‘(iii) charter bus service; area with responsibility for transportation.
class without serving an important public inter- ‘‘(iv) school bus service; ‘‘(5) REGIONAL TRANSPORTATION PLANNING OR-
est. ‘‘(v) sightseeing service; GANIZATION.—The term ‘regional transportation
‘‘(7) FIXED GUIDEWAY.—The term ‘fixed guide- ‘‘(vi) courtesy shuttle service for patrons of planning organization’ means a policy board of
way’ means a public transportation facility— one or more specific establishments; or an organization established as the result of a
‘‘(A) using and occupying a separate right-of- designation under section 5304(l).
‘‘(vii) intra-terminal or intra-facility shuttle
way for the exclusive use of public transpor- ‘‘(6) TIP.—The term ‘TIP’ means a transpor-
services.
tation; ‘‘(15) REGULATION.—The term ‘regulation’ tation improvement program developed by a met-
‘‘(B) using rail; ropolitan planning organization under sub-
means any part of a statement of general or par-
‘‘(C) using a fixed catenary system; section (j).
‘‘(D) for a passenger ferry system; or ticular applicability of the Secretary designed to
carry out, interpret, or prescribe law or policy in ‘‘(7) URBANIZED AREA.—The term ‘urbanized
‘‘(E) for a bus rapid transit system.
‘‘(8) GOVERNOR.—The term ‘Governor’— carrying out this chapter. area’ means a geographic area with a popu-
‘‘(A) means the Governor of a State, the ‘‘(16) RURAL AREA.—The term ‘rural area’ lation of 50,000 or more, as determined by the
mayor of the District of Columbia, and the chief means an area encompassing a population of Bureau of the Census.
executive officer of a territory of the United less than 50,000 people that has not been des- ‘‘(c) GENERAL REQUIREMENTS.—
ignated in the most recent decennial census as ‘‘(1) DEVELOPMENT OF LONG-RANGE PLANS AND
States; and
an ‘urbanized area’ by the Secretary of Com- TIPS.—To accomplish the objectives in sub-
‘‘(B) includes the designee of the Governor.
‘‘(9) JOB ACCESS AND REVERSE COMMUTE merce. section (a), metropolitan planning organizations
PROJECT.— ‘‘(17) SECRETARY.—The term ‘Secretary’ means designated under subsection (d), in cooperation
‘‘(A) IN GENERAL.—The term ‘job access and the Secretary of Transportation. with the State and public transportation opera-
reverse commute project’ means a transportation ‘‘(18) SENIOR.—The term ‘senior’ means an in- tors, shall develop long-range transportation
project to finance planning, capital, and oper- dividual who is 65 years of age or older. plans and transportation improvement programs
ating costs that support the development and ‘‘(19) STATE.—The term ‘State’ means a State through a performance-driven, outcome-based
maintenance of transportation services designed of the United States, the District of Columbia, approach to planning for metropolitan areas of
to transport welfare recipients and eligible low- Puerto Rico, the Northern Mariana Islands, the State.
income individuals to and from jobs and activi- Guam, American Samoa, and the Virgin Islands. ‘‘(2) CONTENTS.—The plans and TIPs for each
ties related to their employment, including ‘‘(20) STATE OF GOOD REPAIR.—The term ‘state metropolitan area shall provide for the develop-
transportation projects that facilitate the provi- of good repair’ has the meaning given that term ment and integrated management and operation
sion of public transportation services from ur- by the Secretary, by rule, under section 5326(b). of transportation systems and facilities (includ-
banized areas and rural areas to suburban em- ‘‘(21) TRANSIT.—The term ‘transit’ means pub- ing accessible pedestrian walkways and bicycle
ployment locations. lic transportation. transportation facilities) that will function as
‘‘(B) DEFINITIONS.—In this paragraph: ‘‘(22) URBAN AREA.—The term ‘urban area’ an intermodal transportation system for the
‘‘(i) ELIGIBLE LOW-INCOME INDIVIDUAL.—The means an area that includes a municipality or metropolitan planning area and as an integral
term ‘eligible low-income individual’ means an other built-up place that the Secretary, after part of an intermodal transportation system for
individual whose family income is at or below considering local patterns and trends of urban the State and the United States.
150 percent of the poverty line (as that term is growth, decides is appropriate for a local public ‘‘(3) PROCESS OF DEVELOPMENT.—The process
defined in section 673(2) of the Community Serv- transportation system to serve individuals in the for developing the plans and TIPs shall provide
ice Block Grant Act (42 U.S.C. 9902(2)), includ- locality. for consideration of all modes of transportation
ing any revision required by that section) for a ‘‘(23) URBANIZED AREA.—The term ‘urbanized and shall be continuing, cooperative, and com-
family of the size involved. area’ means an area encompassing a population prehensive to the degree appropriate, based on
‘‘(ii) WELFARE RECIPIENT.—The term ‘welfare of not less than 50,000 people that has been de- the complexity of the transportation problems to
recipient’ means an individual who has received fined and designated in the most recent decen- be addressed.
assistance under a State or tribal program fund- nial census as an ‘urbanized area’ by the Sec- ‘‘(d) DESIGNATION OF METROPOLITAN PLAN-
ed under part A of title IV of the Social Security retary of Commerce.’’. NING ORGANIZATIONS.—
Act (42 U.S.C. 601 et seq.) at any time during the SEC. 20005. METROPOLITAN TRANSPORTATION
‘‘(1) IN GENERAL.—To carry out the transpor-
3-year period before the date on which the ap- PLANNING. tation planning process required by this section,
plicant applies for a grant under section 5307 or (a) AMENDMENT.—Section 5303 of title 49, a metropolitan planning organization shall be
5311. United States Code, is amended to read as fol- designated for each urbanized area with a pop-
‘‘(10) LOCAL GOVERNMENTAL AUTHORITY.—The lows: ulation of more than 50,000 individuals—
term ‘local governmental authority’ includes— ‘‘(A) by agreement between the Governor and
‘‘§ 5303. Metropolitan transportation planning units of general purpose local government that
‘‘(A) a political subdivision of a State;
‘‘(B) an authority of at least 1 State or polit- ‘‘(a) POLICY.—It is in the national interest— together represent at least 75 percent of the af-
ical subdivision of a State; ‘‘(1) to encourage and promote the safe and fected population (including the largest incor-
‘‘(C) an Indian tribe; and efficient management, operation, and develop- porated city (based on population) as deter-
‘‘(D) a public corporation, board, or commis- ment of surface transportation systems that will mined by the Bureau of the Census); or
sion established under the laws of a State. serve the mobility needs of people and freight ‘‘(B) in accordance with procedures estab-
‘‘(11) LOW-INCOME INDIVIDUAL.—The term and foster economic growth and development lished by applicable State or local law.
‘low-income individual’ means an individual within and between States and urbanized areas, ‘‘(2) STRUCTURE.—Not later than 2 years after
whose family income is at or below 150 percent while minimizing transportation-related fuel the date of enactment of the Federal Public
of the poverty line, as that term is defined in consumption and air pollution through metro- Transportation Act of 2012, each metropolitan
section 673(2) of the Community Services Block politan and statewide transportation planning planning organization that serves an area des-
Grant Act (42 U.S.C. 9902(2)), including any re- processes identified in this chapter; and ignated as a transportation management area
vision required by that section, for a family of ‘‘(2) to encourage the continued improvement shall consist of—
the size involved. and evolution of the metropolitan and statewide ‘‘(A) local elected officials;
‘‘(B) officials of public agencies that admin- area designated after the date of enactment of this section shall provide for consideration of
ister or operate major modes of transportation in the SAFETEA-LU, as a nonattainment area for projects and strategies that will—
the metropolitan area, including representation ozone or carbon monoxide, the boundaries of the ‘‘(A) support the economic vitality of the met-
by providers of public transportation; and metropolitan planning area— ropolitan area, especially by enabling global
‘‘(C) appropriate State officials. ‘‘(A) shall be established in the manner de- competitiveness, productivity, and efficiency;
‘‘(3) LIMITATION ON STATUTORY CONSTRUC- scribed in subsection (d)(1); ‘‘(B) increase the safety of the transportation
TION.—Nothing in this subsection shall be con- ‘‘(B) shall encompass the areas described in system for motorized and nonmotorized users;
strued to interfere with the authority, under paragraph (2)(A); ‘‘(C) increase the security of the transpor-
any State law in effect on December 18, 1991, of ‘‘(C) may encompass the areas described in tation system for motorized and nonmotorized
a public agency with multimodal transportation paragraph (2)(B); and users;
responsibilities— ‘‘(D) may address any nonattainment area ‘‘(D) increase the accessibility and mobility of
‘‘(A) to develop the plans and TIPs for adop- identified under the Clean Air Act (42 U.S.C. people and for freight;
tion by a metropolitan planning organization; 7401 et seq.) for ozone or carbon monoxide. ‘‘(E) protect and enhance the environment,
and ‘‘(f) COORDINATION IN MULTISTATE AREAS.— promote energy conservation, improve the qual-
‘‘(B) to develop long-range capital plans, co- ‘‘(1) IN GENERAL.—The Secretary shall encour- ity of life, and promote consistency between
ordinate transit services and projects, and carry age each Governor with responsibility for a por- transportation improvements and State and
out other activities pursuant to State law. tion of a multistate metropolitan area and the local planned growth and economic development
‘‘(4) CONTINUING DESIGNATION.—A designation appropriate metropolitan planning organiza- patterns;
of a metropolitan planning organization under tions to provide coordinated transportation ‘‘(F) enhance the integration and connectivity
this subsection or any other provision of law planning for the entire metropolitan area. of the transportation system, across and be-
shall remain in effect until the metropolitan ‘‘(2) INTERSTATE COMPACTS.—The consent of tween modes, for people and freight;
planning organization is redesignated under Congress is granted to any 2 or more States— ‘‘(G) promote efficient system management
paragraph (5). ‘‘(A) to enter into agreements or compacts, not and operation; and
‘‘(5) REDESIGNATION PROCEDURES.— in conflict with any law of the United States, ‘‘(H) emphasize the preservation of the exist-
‘‘(A) IN GENERAL.—A metropolitan planning for cooperative efforts and mutual assistance in ing transportation system.
organization may be redesignated by agreement support of activities authorized under this sec- ‘‘(2) PERFORMANCE-BASED APPROACH.—
between the Governor and units of general pur- tion as the activities pertain to interstate areas ‘‘(A) IN GENERAL.—The metropolitan transpor-
pose local government that together represent at and localities within the States; and tation planning process shall provide for the es-
least 75 percent of the existing planning area ‘‘(B) to establish such agencies, joint or other- tablishment and use of a performance-based ap-
population (including the largest incorporated wise, as the States may determine desirable for proach to transportation decisionmaking to sup-
city (based on population) as determined by the making the agreements and compacts effective. port the national goals described in section
Bureau of the Census) as appropriate to carry ‘‘(3) RESERVATION OF RIGHTS.—The right to 150(b) of title 23 and the general purposes de-
out this section. alter, amend, or repeal interstate compacts en- scribed in section 5301.
‘‘(B) RESTRUCTURING.—A metropolitan plan- tered into under this subsection is expressly re- ‘‘(B) PERFORMANCE TARGETS.—
ning organization may be restructured to meet served. ‘‘(i) SURFACE TRANSPORTATION PERFORMANCE
the requirements of paragraph (2) without un- ‘‘(g) MPO CONSULTATION IN PLAN AND TIP TARGETS.—
dertaking a redesignation. COORDINATION.— ‘‘(I) IN GENERAL.—Each metropolitan plan-
‘‘(6) DESIGNATION OF MORE THAN 1 METROPOLI- ‘‘(1) NONATTAINMENT AREAS.—If more than 1 ning organization shall establish performance
TAN PLANNING ORGANIZATION.—More than 1 met-
metropolitan planning organization has author- targets that address the performance measures
ropolitan planning organization may be des- ity within a metropolitan area or an area which described in section 150(c) of title 23, where ap-
ignated within an existing metropolitan plan- is designated as a nonattainment area for ozone plicable, to use in tracking progress towards at-
ning area only if the Governor and the existing or carbon monoxide under the Clean Air Act (42 tainment of critical outcomes for the region of
metropolitan planning organization determine U.S.C. 7401 et seq.), each metropolitan planning the metropolitan planning organization.
that the size and complexity of the existing met- organization shall consult with the other metro- ‘‘(II) COORDINATION.—Selection of perform-
ropolitan planning area make designation of politan planning organizations designated for ance targets by a metropolitan planning organi-
more than 1 metropolitan planning organization such area and the State in the coordination of zation shall be coordinated with the relevant
for the area appropriate. plans and TIPs required by this section. State to ensure consistency, to the maximum ex-
‘‘(e) METROPOLITAN PLANNING AREA BOUND- tent practicable.
‘‘(2) TRANSPORTATION IMPROVEMENTS LOCATED
ARIES.—
IN MULTIPLE MPOS.—If a transportation im- ‘‘(ii) PUBLIC TRANSPORTATION PERFORMANCE
‘‘(1) IN GENERAL.—For the purposes of this
provement, funded under this chapter or title 23, TARGETS.—Selection of performance targets by a
section, the boundaries of a metropolitan plan-
is located within the boundaries of more than 1 metropolitan planning organization shall be co-
ning area shall be determined by agreement be-
metropolitan planning area, the metropolitan ordinated, to the maximum extent practicable,
tween the metropolitan planning organization
planning organizations shall coordinate plans with providers of public transportation to en-
and the Governor.
‘‘(2) INCLUDED AREA.—Each metropolitan and TIPs regarding the transportation improve- sure consistency with sections 5326(c) and
planning area— ment. 5329(d).
‘‘(A) shall encompass at least the existing ur- ‘‘(3) RELATIONSHIP WITH OTHER PLANNING OF- ‘‘(C) TIMING.—Each metropolitan planning or-
banized area and the contiguous area expected FICIALS.— ganization shall establish the performance tar-
to become urbanized within a 20-year forecast ‘‘(A) IN GENERAL.—The Secretary shall en- gets under subparagraph (B) not later than 180
period for the transportation plan; and courage each metropolitan planning organiza- days after the date on which the relevant State
‘‘(B) may encompass the entire metropolitan tion to consult with officials responsible for or provider of public transportation establishes
statistical area or consolidated metropolitan sta- other types of planning activities that are af- the performance targets.
tistical area, as defined by the Bureau of the fected by transportation in the area (including ‘‘(D) INTEGRATION OF OTHER PERFORMANCE-
Census. State and local planned growth, economic devel- BASED PLANS.—A metropolitan planning organi-
‘‘(3) IDENTIFICATION OF NEW URBANIZED AREAS opment, environmental protection, airport oper- zation shall integrate in the metropolitan trans-
WITHIN EXISTING PLANNING AREA BOUNDARIES.— ations, and freight movements) or to coordinate portation planning process, directly or by ref-
The designation by the Bureau of the Census of its planning process, to the maximum extent erence, the goals, objectives, performance meas-
new urbanized areas within an existing metro- practicable, with such planning activities. ures, and targets described in other State trans-
politan planning area shall not require the re- ‘‘(B) REQUIREMENTS.—Under the metropolitan portation plans and transportation processes, as
designation of the existing metropolitan plan- planning process, transportation plans and well as any plans developed by recipients of as-
ning organization. TIPs shall be developed with due consideration sistance under this chapter, required as part of
‘‘(4) EXISTING METROPOLITAN PLANNING AREAS of other related planning activities within the a performance-based program.
IN NONATTAINMENT.— metropolitan area, and the process shall provide ‘‘(3) FAILURE TO CONSIDER FACTORS.—The
‘‘(A) IN GENERAL.—Notwithstanding para- for the design and delivery of transportation failure to consider any factor specified in para-
graph (2), except as provided in subparagraph services within the metropolitan area that are graphs (1) and (2) shall not be reviewable by
(B), in the case of an urbanized area designated provided by— any court under this chapter, title 23, sub-
as a nonattainment area for ozone or carbon ‘‘(i) recipients of assistance under this chap- chapter II of chapter 5 of title 5, or chapter 7 of
monoxide under the Clean Air Act (42 U.S.C. ter; title 5 in any matter affecting a transportation
7401 et seq.) as of the date of enactment of the ‘‘(ii) governmental agencies and nonprofit or- plan, a TIP, a project or strategy, or the certifi-
SAFETEA-LU, the boundaries of the metropoli- ganizations (including representatives of the cation of a planning process.
tan planning area in existence as of such date agencies and organizations) that receive Federal ‘‘(i) DEVELOPMENT OF TRANSPORTATION
of enactment shall be retained. assistance from a source other than the Depart- PLAN.—
‘‘(B) EXCEPTION.—The boundaries described ment of Transportation to provide non- ‘‘(1) REQUIREMENTS.—
in subparagraph (A) may be adjusted by agree- emergency transportation services; and ‘‘(A) IN GENERAL.—Each metropolitan plan-
ment of the Governor and affected metropolitan ‘‘(iii) recipients of assistance under section 204 ning organization shall prepare and update a
planning organizations in the manner described of title 23. transportation plan for its metropolitan plan-
in subsection (d)(5). ‘‘(h) SCOPE OF PLANNING PROCESS.— ning area in accordance with the requirements
‘‘(5) NEW METROPOLITAN PLANNING AREAS IN ‘‘(1) IN GENERAL.—The metropolitan planning of this subsection.
NONATTAINMENT.—In the case of an urbanized process for a metropolitan planning area under ‘‘(B) FREQUENCY.—
‘‘(i) IN GENERAL.—The metropolitan planning projects that would be included in the adopted transportation employees, freight shippers, pro-
organization shall prepare and update such transportation plan if reasonable additional re- viders of freight transportation services, private
plan every 4 years (or more frequently, if the sources beyond those identified in the financial providers of transportation, representatives of
metropolitan planning organization elects to up- plan were available. users of public transportation, representatives of
date more frequently) in the case of each of the ‘‘(iii) COOPERATIVE DEVELOPMENT.—For the users of pedestrian walkways and bicycle trans-
following: purpose of developing the transportation plan, portation facilities, representatives of the dis-
‘‘(I) Any area designated as nonattainment, the metropolitan planning organization, transit abled, and other interested parties with a rea-
as defined in section 107(d) of the Clean Air Act operator, and State shall cooperatively develop sonable opportunity to comment on the trans-
(42 U.S.C. 7407(d)). estimates of funds that will be available to sup- portation plan.
‘‘(II) Any area that was nonattainment and port plan implementation. ‘‘(B) CONTENTS OF PARTICIPATION PLAN.—A
subsequently designated to attainment in ac- ‘‘(F) OPERATIONAL AND MANAGEMENT STRATE- participation plan—
cordance with section 107(d)(3) of that Act (42 GIES.—Operational and management strategies ‘‘(i) shall be developed in consultation with
U.S.C. 7407(d)(3)) and that is subject to a main- to improve the performance of existing transpor- all interested parties; and
tenance plan under section 175A of that Act (42 tation facilities to relieve vehicular congestion ‘‘(ii) shall provide that all interested parties
U.S.C. 7505a). and maximize the safety and mobility of people have reasonable opportunities to comment on
‘‘(ii) OTHER AREAS.—In the case of any other and goods. the contents of the transportation plan.
area required to have a transportation plan in ‘‘(G) CAPITAL INVESTMENT AND OTHER STRATE- ‘‘(C) METHODS.—In carrying out subpara-
accordance with the requirements of this sub- GIES.—Capital investment and other strategies graph (A), the metropolitan planning organiza-
section, the metropolitan planning organization to preserve the existing and projected future tion shall, to the maximum extent practicable—
shall prepare and update such plan every 5 metropolitan transportation infrastructure and ‘‘(i) hold any public meetings at convenient
years unless the metropolitan planning organi- provide for multimodal capacity increases based and accessible locations and times;
zation elects to update more frequently. on regional priorities and needs. ‘‘(ii) employ visualization techniques to de-
‘‘(2) TRANSPORTATION PLAN.—A transpor- ‘‘(H) TRANSPORTATION AND TRANSIT ENHANCE- scribe plans; and
tation plan under this section shall be in a form MENT ACTIVITIES.—Proposed transportation and
‘‘(iii) make public information available in
that the Secretary determines to be appropriate transit enhancement activities. electronically accessible format and means, such
and shall contain, at a minimum, the following: ‘‘(3) COORDINATION WITH CLEAN AIR ACT AGEN- as the World Wide Web, as appropriate to afford
‘‘(A) IDENTIFICATION OF TRANSPORTATION FA- CIES.—In metropolitan areas that are in non- reasonable opportunity for consideration of
CILITIES.— attainment for ozone or carbon monoxide under public information under subparagraph (A).
‘‘(i) IN GENERAL.—An identification of trans- the Clean Air Act (42 U.S.C. 7401 et seq.), the ‘‘(7) PUBLICATION.—A transportation plan in-
portation facilities (including major roadways, metropolitan planning organization shall co- volving Federal participation shall be published
transit, multimodal and intermodal facilities, ordinate the development of a transportation or otherwise made readily available by the met-
nonmotorized transportation facilities, and plan with the process for development of the ropolitan planning organization for public re-
intermodal connectors) that should function as transportation control measures of the State im- view, including (to the maximum extent prac-
an integrated metropolitan transportation sys- plementation plan required by that Act. ticable) in electronically accessible formats and
tem, giving emphasis to those facilities that ‘‘(4) OPTIONAL SCENARIO DEVELOPMENT.— means, such as the World Wide Web, approved
serve important national and regional transpor- ‘‘(A) IN GENERAL.—A metropolitan planning by the metropolitan planning organization and
tation functions. organization may, while fitting the needs and submitted for information purposes to the Gov-
‘‘(ii) FACTORS.—In formulating the transpor- complexity of its community, voluntarily elect to ernor at such times and in such manner as the
tation plan, the metropolitan planning organi- develop multiple scenarios for consideration as Secretary shall establish.
zation shall consider factors described in subpart of the development of the metropolitan ‘‘(8) SELECTION OF PROJECTS FROM ILLUS-
TRATIVE LIST.—Notwithstanding paragraph
section (h) as the factors relate to a 20-year transportation plan, in accordance with sub-
forecast period. paragraph (B). (2)(C), a State or metropolitan planning organi-
‘‘(B) PERFORMANCE MEASURES AND TARGETS.— ‘‘(B) RECOMMENDED COMPONENTS.—A metro- zation shall not be required to select any project
A description of the performance measures and politan planning organization that chooses to from the illustrative list of additional projects
performance targets used in assessing the per- develop multiple scenarios under subparagraph included in the financial plan under paragraph
formance of the transportation system in ac- (A) shall be encouraged to consider— (2)(C).
‘‘(i) potential regional investment strategies ‘‘(j) METROPOLITAN TIP.—
cordance with subsection (h)(2).
‘‘(1) DEVELOPMENT.—
‘‘(C) SYSTEM PERFORMANCE REPORT.—A sys- for the planning horizon; ‘‘(A) IN GENERAL.—In cooperation with the
tem performance report and subsequent updates ‘‘(ii) assumed distribution of population and
State and any affected public transportation op-
evaluating the condition and performance of the employment;
erator, the metropolitan planning organization
transportation system with respect to the per- ‘‘(iii) a scenario that, to the maximum extent
designated for a metropolitan area shall develop
formance targets described in subsection (h)(2), practicable, maintains baseline conditions for
a TIP for the metropolitan planning area that—
including— the performance measures identified in sub- ‘‘(i) contains projects consistent with the cur-
‘‘(i) progress achieved by the metropolitan section (h)(2); rent metropolitan transportation plan;
planning organization in meeting the perform- ‘‘(iv) a scenario that improves the baseline ‘‘(ii) reflects the investment priorities estab-
ance targets in comparison with system perform- conditions for as many of the performance meas- lished in the current metropolitan transpor-
ance recorded in previous reports; and ures identified in subsection (h)(2) as possible; tation plan; and
‘‘(ii) for metropolitan planning organizations ‘‘(v) revenue constrained scenarios based on ‘‘(iii) once implemented, is designed to make
that voluntarily elect to develop multiple sce- the total revenues expected to be available over progress toward achieving the performance tar-
narios, an analysis of how the preferred sce- the forecast period of the plan; and gets established under subsection (h)(2).
nario has improved the conditions and perform- ‘‘(vi) estimated costs and potential revenues ‘‘(B) OPPORTUNITY FOR COMMENT.—In devel-
ance of the transportation system and how available to support each scenario. oping the TIP, the metropolitan planning orga-
changes in local policies and investments have ‘‘(C) METRICS.—In addition to the perform- nization, in cooperation with the State and any
impacted the costs necessary to achieve the ance measures identified in section 150(c) of title affected public transportation operator, shall
identified performance targets. 23, metropolitan planning organizations may provide an opportunity for participation by in-
‘‘(D) MITIGATION ACTIVITIES.— evaluate scenarios developed under this para- terested parties in the development of the pro-
‘‘(i) IN GENERAL.—A long-range transpor- graph using locally-developed measures. gram, in accordance with subsection (i)(5).
tation plan shall include a discussion of types of ‘‘(5) CONSULTATION.— ‘‘(C) FUNDING ESTIMATES.—For the purpose of
potential environmental mitigation activities ‘‘(A) IN GENERAL.—In each metropolitan area, developing the TIP, the metropolitan planning
and potential areas to carry out these activities, the metropolitan planning organization shall organization, public transportation agency, and
including activities that may have the greatest consult, as appropriate, with State and local State shall cooperatively develop estimates of
potential to restore and maintain the environ- agencies responsible for land use management, funds that are reasonably expected to be avail-
mental functions affected by the plan. natural resources, environmental protection, able to support program implementation.
‘‘(ii) CONSULTATION.—The discussion shall be conservation, and historic preservation con- ‘‘(D) UPDATING AND APPROVAL.—The TIP
developed in consultation with Federal, State, cerning the development of a long-range trans- shall be—
and tribal wildlife, land management, and regu- portation plan. ‘‘(i) updated at least once every 4 years; and
latory agencies. ‘‘(B) ISSUES.—The consultation shall involve, ‘‘(ii) approved by the metropolitan planning
‘‘(E) FINANCIAL PLAN.— as appropriate— organization and the Governor.

‘‘(i) IN GENERAL.—A financial plan that— ‘‘(i) comparison of transportation plans with ‘‘(2) CONTENTS.—
‘‘(I) demonstrates how the adopted transpor- State conservation plans or maps, if available; ‘‘(A) PRIORITY LIST.—The TIP shall include a
tation plan can be implemented; or priority list of proposed Federally supported
‘‘(II) indicates resources from public and pri- ‘‘(ii) comparison of transportation plans to in- projects and strategies to be carried out within
vate sources that are reasonably expected to be ventories of natural or historic resources, if each 4-year period after the initial adoption of
made available to carry out the plan; and available. the TIP.
‘‘(III) recommends any additional financing ‘‘(6) PARTICIPATION BY INTERESTED PARTIES.— ‘‘(B) FINANCIAL PLAN.—The TIP shall include
strategies for needed projects and programs. ‘‘(A) IN GENERAL.—Each metropolitan plan- a financial plan that—
‘‘(ii) INCLUSIONS.—The financial plan may in- ning organization shall provide citizens, af- ‘‘(i) demonstrates how the TIP can be imple-
clude, for illustrative purposes, additional fected public agencies, representatives of public mented;
‘‘(ii) indicates resources from public and pri- ‘‘(B) REQUIRED ACTION BY THE SECRETARY.— ‘‘(ii) subject to subparagraph (B), certify, not
vate sources that are reasonably expected to be Action by the Secretary shall be required for a less often than once every 4 years, that the re-
available to carry out the program; State or metropolitan planning organization to quirements of this paragraph are met with re-
‘‘(iii) identifies innovative financing tech- select any project from the illustrative list of ad- spect to the metropolitan planning process.
niques to finance projects, programs, and strate- ditional projects included in the financial plan ‘‘(B) REQUIREMENTS FOR CERTIFICATION.—The
gies; and under paragraph (2)(B)(iv) for inclusion in an Secretary may make the certification under sub-
‘‘(iv) may include, for illustrative purposes, approved TIP. paragraph (A) if—
additional projects that would be included in ‘‘(7) PUBLICATION.— ‘‘(i) the transportation planning process com-
the approved TIP if reasonable additional re- ‘‘(A) PUBLICATION OF TIPS.—A TIP involving plies with the requirements of this section and
sources beyond those identified in the financial Federal participation shall be published or oth- other applicable requirements of Federal law;
plan were available. erwise made readily available by the metropoli- and
‘‘(C) DESCRIPTIONS.—Each project in the TIP tan planning organization for public review. ‘‘(ii) there is a TIP for the metropolitan plan-
shall include sufficient descriptive material ‘‘(B) PUBLICATION OF ANNUAL LISTINGS OF ning area that has been approved by the metro-
(such as type of work, termini, length, and PROJECTS.— politan planning organization and the Gov-
other similar factors) to identify the project or ‘‘(i) IN GENERAL.—An annual listing of ernor.
phase of the project. projects, including investments in pedestrian ‘‘(C) EFFECT OF FAILURE TO CERTIFY.—
‘‘(D) PERFORMANCE TARGET ACHIEVEMENT.— walkways and bicycle transportation facilities, ‘‘(i) WITHHOLDING OF PROJECT FUNDS.—If a
The transportation improvement program shall for which Federal funds have been obligated in metropolitan planning process of a metropolitan
include, to the maximum extent practicable, a the preceding year shall be published or other- planning organization serving a transportation
description of the anticipated effect of the trans- wise made available by the cooperative effort of management area is not certified, the Secretary
portation improvement program toward achiev- the State, transit operator, and metropolitan may withhold up to 20 percent of the funds at-
ing the performance targets established in the planning organization for public review. tributable to the metropolitan planning area of
metropolitan transportation plan, linking in- ‘‘(ii) REQUIREMENT.—The listing shall be con- the metropolitan planning organization for
vestment priorities to those performance targets. sistent with the categories identified in the TIP. projects funded under this chapter and title 23.
‘‘(3) INCLUDED PROJECTS.— ‘‘(k) TRANSPORTATION MANAGEMENT AREAS.— ‘‘(ii) RESTORATION OF WITHHELD FUNDS.—The
‘‘(A) PROJECTS UNDER THIS CHAPTER AND TITLE ‘‘(1) IDENTIFICATION AND DESIGNATION.— withheld funds shall be restored to the metro-
23.—A TIP developed under this subsection for a ‘‘(A) REQUIRED IDENTIFICATION.—The Sec- politan planning area at such time as the metro-
metropolitan area shall include the projects retary shall identify as a transportation man- politan planning process is certified by the Sec-
within the area that are proposed for funding agement area each urbanized area (as defined retary.
under this chapter and chapter 1 of title 23. by the Bureau of the Census) with a population
‘‘(D) REVIEW OF CERTIFICATION.—In making
‘‘(B) PROJECTS UNDER CHAPTER 2 OF TITLE of over 200,000 individuals. certification determinations under this para-
23.— ‘‘(B) DESIGNATIONS ON REQUEST.—The Sec-
graph, the Secretary shall provide for public in-
‘‘(i) REGIONALLY SIGNIFICANT PROJECTS.—Re- retary shall designate any additional area as a
volvement appropriate to the metropolitan area
gionally significant projects proposed for fund- transportation management area on the request
under review.
ing under chapter 2 of title 23 shall be identified of the Governor and the metropolitan planning
‘‘(l) REPORT ON PERFORMANCE-BASED PLAN-
individually in the transportation improvement organization designated for the area.
NING PROCESSES.—
program. ‘‘(2) TRANSPORTATION PLANS.—In a transpor-
‘‘(1) IN GENERAL.—The Secretary shall submit
‘‘(ii) OTHER PROJECTS.—Projects proposed for tation management area, transportation plans
to Congress a report on the effectiveness of the
funding under chapter 2 of title 23 that are not shall be based on a continuing and comprehen-
performance-based planning processes of metro-
determined to be regionally significant shall be sive transportation planning process carried out
politan planning organizations under this sec-
grouped in 1 line item or identified individually by the metropolitan planning organization in
tion, taking into consideration the requirements
in the transportation improvement program. cooperation with the State and public transpor-
of this subsection
‘‘(C) CONSISTENCY WITH LONG-RANGE TRANS- tation operators.
‘‘(3) CONGESTION MANAGEMENT PROCESS.— ‘‘(2) REPORT.—Not later than 5 years after the
PORTATION PLAN.—Each project shall be con-
‘‘(A) IN GENERAL.—Within a metropolitan date of enactment of the Federal Public Trans-
sistent with the long-range transportation plan
planning area serving a transportation manage- portation Act of 2012, the Secretary shall submit
developed under subsection (i) for the area.
ment area, the transportation planning process to Congress a report evaluating—
‘‘(D) REQUIREMENT OF ANTICIPATED FULL
FUNDING.—The program shall include a project, under this section shall address congestion man- ‘‘(A) the overall effectiveness of performance-
or an identified phase of a project, only if full agement through a process that provides for ef- based planning as a tool for guiding transpor-
funding can reasonably be anticipated to be fective management and operation, based on a tation investments;
available for the project or the identified phase cooperatively developed and implemented metro- ‘‘(B) the effectiveness of the performance-
within the time period contemplated for comple- politan-wide strategy, of new and existing based planning process of each metropolitan
tion of the project or the identified phase. transportation facilities eligible for funding planning organization under this section;
‘‘(4) NOTICE AND COMMENT.—Before approving under this chapter and title 23 through the use ‘‘(C) the extent to which metropolitan plan-
a TIP, a metropolitan planning organization, in of travel demand reduction and operational ning organizations have achieved, or are cur-
cooperation with the State and any affected management strategies. rently making substantial progress toward
public transportation operator, shall provide an ‘‘(B) SCHEDULE.—The Secretary shall estab- achieving, the performance targets specified
opportunity for participation by interested par- lish an appropriate phase-in schedule for com- under this section and whether metropolitan
ties in the development of the program, in ac- pliance with the requirements of this section but planning organizations are developing meaning-
cordance with subsection (i)(5). no sooner than 1 year after the identification of ful performance targets; and
‘‘(5) SELECTION OF PROJECTS.— a transportation management area. ‘‘(D) the technical capacity of metropolitan
‘‘(A) IN GENERAL.—Except as otherwise pro- ‘‘(4) SELECTION OF PROJECTS.— planning organizations that operate within a
vided in subsection (k)(4) and in addition to the ‘‘(A) IN GENERAL.—All Federally funded metropolitan planning area of less than 200,000
TIP development required under paragraph (1), projects carried out within the boundaries of a and their ability to carry out the requirements
the selection of Federally funded projects in metropolitan planning area serving a transpor- of this section.
metropolitan areas shall be carried out, from the tation management area under title 23 (exclud- ‘‘(3) PUBLICATION.—The report under para-
approved TIP— ing projects carried out on the National High- graph (2) shall be published or otherwise made
‘‘(i) by— way System) or under this chapter shall be se- available in electronically accessible formats
‘‘(I) in the case of projects under title 23, the lected for implementation from the approved and means, including on the Internet.
State; and TIP by the metropolitan planning organization ‘‘(m) ABBREVIATED PLANS FOR CERTAIN
‘‘(II) in the case of projects under this chap- designated for the area in consultation with the AREAS.—
ter, the designated recipients of public transpor- State and any affected public transportation op- ‘‘(1) IN GENERAL.—Subject to paragraph (2), in
tation funding; and erator. the case of a metropolitan area not designated
‘‘(ii) in cooperation with the metropolitan ‘‘(B) NATIONAL HIGHWAY SYSTEM PROJECTS.— as a transportation management area under this
planning organization. Projects carried out within the boundaries of a section, the Secretary may provide for the devel-
‘‘(B) MODIFICATIONS TO PROJECT PRIORITY.— metropolitan planning area serving a transpor- opment of an abbreviated transportation plan
Notwithstanding any other provision of law, ac- tation management area on the National High- and TIP for the metropolitan planning area
tion by the Secretary shall not be required to way System shall be selected for implementation that the Secretary determines is appropriate to
advance a project included in the approved TIP from the approved TIP by the State in coopera- achieve the purposes of this section, taking into
in place of another project in the program. tion with the metropolitan planning organiza- account the complexity of transportation prob-
‘‘(6) SELECTION OF PROJECTS FROM ILLUS- tion designated for the area. lems in the area.
TRATIVE LIST.— ‘‘(5) CERTIFICATION.— ‘‘(2) NONATTAINMENT AREAS.—The Secretary
‘‘(A) NO REQUIRED SELECTION.—Notwith- ‘‘(A) IN GENERAL.—The Secretary shall— may not permit abbreviated plans or TIPs for a
standing paragraph (2)(B)(iv), a State or metro- ‘‘(i) ensure that the metropolitan planning metropolitan area that is in nonattainment for
politan planning organization shall not be re- process of a metropolitan planning organization ozone or carbon monoxide under the Clean Air
quired to select any project from the illustrative serving a transportation management area is Act (42 U.S.C. 7401 et seq.).
list of additional projects included in the finan- being carried out in accordance with applicable ‘‘(n) ADDITIONAL REQUIREMENTS FOR CERTAIN
cial plan under paragraph (2)(B)(iv). provisions of Federal law; and NONATTAINMENT AREAS.—
‘‘(1) IN GENERAL.—Notwithstanding any other SEC. 20006. STATEWIDE AND NONMETROPOLITAN ‘‘(G) promote efficient system management
provisions of this chapter or title 23, for trans- TRANSPORTATION PLANNING. and operation; and
portation management areas classified as non- Section 5304 of title 49, United States Code, is ‘‘(H) emphasize the preservation of the exist-
attainment for ozone or carbon monoxide pursu- amended to read as follows: ing transportation system.
ant to the Clean Air Act (42 U.S.C. 7401 et seq.), ‘‘§ 5304. Statewide and nonmetropolitan trans- ‘‘(2) PERFORMANCE-BASED APPROACH.—
Federal funds may not be advanced in such portation planning ‘‘(A) IN GENERAL.—The statewide transpor-
area for any highway project that will result in ‘‘(a) GENERAL REQUIREMENTS.— tation planning process shall provide for the es-
a significant increase in the carrying capacity ‘‘(1) DEVELOPMENT OF PLANS AND PRO- tablishment and use of a performance-based ap-
for single-occupant vehicles unless the project is GRAMS.—Subject to section 5303, to accomplish proach to transportation decisionmaking to sup-
addressed through a congestion management the objectives stated in section 5303(a), each port the national goals described in section
process. State shall develop a statewide transportation 150(b) of title 23 and the general purposes de-
‘‘(2) APPLICABILITY.—This subsection applies plan and a statewide transportation improve- scribed in section 5301.
to a nonattainment area within the metropoli- ment program for all areas of the State. ‘‘(B) PERFORMANCE TARGETS.—
tan planning area boundaries determined under ‘‘(2) CONTENTS.—The statewide transportation ‘‘(i) SURFACE TRANSPORTATION PERFORMANCE
subsection (e). plan and the transportation improvement pro- TARGETS.—
‘‘(o) LIMITATION ON STATUTORY CONSTRUC- gram developed for each State shall provide for ‘‘(I) IN GENERAL.—Each State shall establish
TION.—Nothing in this section shall be con- the development and integrated management performance targets that address the perform-
strued to confer on a metropolitan planning or- and operation of transportation systems and fa- ance measures described in section 150(c) of title
ganization the authority to impose legal require- cilities (including accessible pedestrian walk- 23, where applicable, to use in tracking progress
ments on any transportation facility, provider, ways and bicycle transportation facilities) that towards attainment of critical outcomes for the
or project not eligible under this chapter or title will function as an intermodal transportation State.
23. system for the State and an integral part of an ‘‘(II) COORDINATION.—Selection of perform-
‘‘(p) FUNDING.—Funds set aside under section intermodal transportation system for the United ance targets by a State shall be coordinated
104(f) of title 23 or section 5305(g) shall be avail- States. with the relevant metropolitan planning organi-
able to carry out this section. ‘‘(3) PROCESS OF DEVELOPMENT.—The process zations to ensure consistency, to the maximum
‘‘(q) CONTINUATION OF CURRENT REVIEW for developing the statewide plan and the trans- extent practicable.
PRACTICE.—Since plans and TIPs described in portation improvement program shall provide ‘‘(ii) PUBLIC TRANSPORTATION PERFORMANCE
this section are subject to a reasonable oppor- TARGETS.—In urbanized areas with a population
for consideration of all modes of transportation
tunity for public comment, since individual and the policies stated in section 5303(a) and of fewer than 200,000 individuals, as calculated
projects included in plans and TIPs are subject shall be continuing, cooperative, and com- according to the most recent decennial census,
to review under the National Environmental prehensive to the degree appropriate, based on and not represented by a metropolitan planning
Policy Act of 1969 (42 U.S.C. 4321 et seq.), and the complexity of the transportation problems to organization, selection of performance targets
since decisions by the Secretary concerning be addressed. by a State shall be coordinated, to the maximum
plans and TIPs described in this section have ‘‘(b) COORDINATION WITH METROPOLITAN extent practicable, with providers of public
not been reviewed under that Act as of January PLANNING; STATE IMPLEMENTATION PLAN.—A transportation to ensure consistency with sec-
1, 1997, any decision by the Secretary con- State shall— tions 5326(c) and 5329(d).
cerning a plan or TIP described in this section ‘‘(1) coordinate planning carried out under ‘‘(C) INTEGRATION OF OTHER PERFORMANCE-
shall not be considered to be a Federal action this section with the transportation planning BASED PLANS.—A State shall integrate into the
subject to review under that Act.’’. activities carried out under section 5303 for met- statewide transportation planning process, di-
(b) PILOT PROGRAM FOR TRANSIT-ORIENTED ropolitan areas of the State and with statewide rectly or by reference, the goals, objectives, per-
DEVELOPMENT PLANNING.— trade and economic development planning ac- formance measures, and targets described in this
(1) DEFINITIONS.—In this subsection the fol- tivities and related multistate planning efforts; paragraph, in other State transportation plans
lowing definitions shall apply: and and transportation processes, as well as any
(A) ELIGIBLE PROJECT.—The term ‘‘eligible ‘‘(2) develop the transportation portion of the plans developed pursuant to title 23 by providers
project’’ means a new fixed guideway capital State implementation plan as required by the of public transportation in urbanized areas with
project or a core capacity improvement project, Clean Air Act (42 U.S.C. 7401 et seq.). a population of fewer than 200,000 individuals,
as those terms are defined in section 5309 of title ‘‘(c) INTERSTATE AGREEMENTS.— as calculated according to the most recent de-
49, United States Code, as amended by this divi- ‘‘(1) IN GENERAL.—Two or more States may cennial census, and not represented by a metro-
sion. enter into agreements or compacts, not in con- politan planning organization, required as part
(B) SECRETARY.—The term ‘‘Secretary’’ means flict with any law of the United States, for co- of a performance-based program.
the Secretary of Transportation. operative efforts and mutual assistance in sup- ‘‘(D) USE OF PERFORMANCE MEASURES AND
(2) GENERAL AUTHORITY.—The Secretary may port of activities authorized under this section TARGETS.—The performance measures and tar-
make grants under this subsection to a State or related to interstate areas and localities in the gets established under this paragraph shall be
local governmental authority to assist in financ- States and establishing authorities the States considered by a State when developing policies,
ing comprehensive planning associated with an consider desirable for making the agreements programs, and investment priorities reflected in
eligible project that seeks to— and compacts effective. the statewide transportation plan and statewide
(A) enhance economic development, ridership, ‘‘(2) RESERVATION OF RIGHTS.—The right to transportation improvement program.
and other goals established during the project alter, amend, or repeal interstate compacts en- ‘‘(3) FAILURE TO CONSIDER FACTORS.—The
development and engineering processes; tered into under this subsection is expressly re- failure to take into consideration the factors
(B) facilitate multimodal connectivity and ac- specified in paragraphs (1) and (2) shall not be
served.
cessibility; ‘‘(d) SCOPE OF PLANNING PROCESS.— subject to review by any court under this chap-
(C) increase access to transit hubs for pedes- ter, title 23, subchapter II of chapter 5 of title 5,
‘‘(1) IN GENERAL.—Each State shall carry out
trian and bicycle traffic; or chapter 7 of title 5 in any matter affecting a
a statewide transportation planning process
(D) enable mixed-use development;
that provides for consideration and implementa- statewide transportation plan, a statewide
(E) identify infrastructure needs associated
tion of projects, strategies, and services that transportation improvement program, a project
with the eligible project; and
(F) include private sector participation. will— or strategy, or the certification of a planning
(3) ELIGIBILITY.—A State or local govern- ‘‘(A) support the economic vitality of the process.
mental authority that desires to participate in United States, the States, nonmetropolitan ‘‘(e) ADDITIONAL REQUIREMENTS.—‘‘In car-
the program under this subsection shall submit areas, and metropolitan areas, especially by en- rying out planning under this section, each
to the Secretary an application that contains, at abling global competitiveness, productivity, and State shall, at a minimum—
a minimum— efficiency; ‘‘(1) with respect to nonmetropolitan areas,
(A) identification of an eligible project; ‘‘(B) increase the safety of the transportation cooperate with affected local officials with re-
(B) a schedule and process for the develop- system for motorized and nonmotorized users; sponsibility for transportation or, if applicable,
ment of a comprehensive plan; ‘‘(C) increase the security of the transpor- through regional transportation planning orga-
(C) a description of how the eligible project tation system for motorized and nonmotorized nizations described in subsection (l);
and the proposed comprehensive plan advance users; ‘‘(2) consider the concerns of Indian tribal
the metropolitan transportation plan of the met- ‘‘(D) increase the accessibility and mobility of governments and Federal land management
ropolitan planning organization; people and freight; agencies that have jurisdiction over land within
(D) proposed performance criteria for the de- ‘‘(E) protect and enhance the environment, the boundaries of the State; and
velopment and implementation of the com- promote energy conservation, improve the qual- ‘‘(3) consider coordination of transportation
prehensive plan; and ity of life, and promote consistency between plans, the transportation improvement program,
(E) identification of— transportation improvements and State and and planning activities with related planning
(i) partners; local planned growth and economic development activities being carried out outside of metropoli-
(ii) availability of and authority for funding; patterns; tan planning areas and between States.
and ‘‘(F) enhance the integration and connectivity ‘‘(f) LONG-RANGE STATEWIDE TRANSPORTATION
(iii) potential State, local or other impedi- of the transportation system, across and be- PLAN.—
ments to the implementation of the comprehen- tween modes throughout the State, for people ‘‘(1) DEVELOPMENT.—Each State shall develop
sive plan. and freight; a long-range statewide transportation plan,
with a minimum 20-year forecast period for all and tribal wildlife, land management, and regu- freight shippers, private providers of transpor-
areas of the State, that provides for the develop- latory agencies. tation, providers of freight transportation serv-
ment and implementation of the intermodal ‘‘(5) FINANCIAL PLAN.—The statewide trans- ices, representatives of users of public transpor-
transportation system of the State. portation plan may include— tation, representatives of users of pedestrian
‘‘(2) CONSULTATION WITH GOVERNMENTS.— ‘‘(A) a financial plan that— walkways and bicycle transportation facilities,
‘‘(A) METROPOLITAN AREAS.—The statewide ‘‘(i) demonstrates how the adopted statewide representatives of the disabled, and other inter-
transportation plan shall be developed for each transportation plan can be implemented; ested parties with a reasonable opportunity to
metropolitan area in the State in cooperation ‘‘(ii) indicates resources from public and pri- comment on the proposed program.
with the metropolitan planning organization vate sources that are reasonably expected to be ‘‘(4) PERFORMANCE TARGET ACHIEVEMENT.—A
designated for the metropolitan area under sec- made available to carry out the plan; and statewide transportation improvement program
tion 5303. ‘‘(iii) recommends any additional financing shall include, to the maximum extent prac-
‘‘(B) NONMETROPOLITAN AREAS.— strategies for needed projects and programs; and ticable, a discussion of the anticipated effect of
‘‘(i) IN GENERAL.—With respect to nonmetro- ‘‘(B) for illustrative purposes, additional the statewide transportation improvement pro-
politan areas, the statewide transportation plan projects that would be included in the adopted gram toward achieving the performance targets
shall be developed in cooperation with affected statewide transportation plan if reasonable ad- established in the statewide transportation plan,
nonmetropolitan officials with responsibility for ditional resources beyond those identified in the linking investment priorities to those perform-
transportation or, if applicable, through re- financial plan were available. ance targets.
gional transportation planning organizations ‘‘(6) SELECTION OF PROJECTS FROM ILLUS- ‘‘(5) INCLUDED PROJECTS.—
described in subsection (l). TRATIVE LIST.—A State shall not be required to ‘‘(A) IN GENERAL.—A transportation improve-
‘‘(ii) ROLE OF SECRETARY.—The Secretary select any project from the illustrative list of ad- ment program developed under this subsection
shall not review or approve the consultation ditional projects included in the financial plan for a State shall include Federally supported
process in each State. described in paragraph (5). surface transportation expenditures within the
‘‘(C) INDIAN TRIBAL AREAS.—With respect to ‘‘(7) PERFORMANCE-BASED APPROACH.—The boundaries of the State.
each area of the State under the jurisdiction of statewide transportation plan should include— ‘‘(B) LISTING OF PROJECTS.—
an Indian tribal government, the statewide ‘‘(A) a description of the performance meas- ‘‘(i) IN GENERAL.—An annual listing of
transportation plan shall be developed in con- ures and performance targets used in assessing projects for which funds have been obligated for
sultation with the tribal government and the the performance of the transportation system in the preceding year in each metropolitan plan-
Secretary of the Interior. accordance with subsection (d)(2); and ning area shall be published or otherwise made
‘‘(D) CONSULTATION, COMPARISON, AND CON- ‘‘(B) a system performance report and subse- available by the cooperative effort of the State,
SIDERATION.— quent updates evaluating the condition and per- transit operator, and the metropolitan planning
‘‘(i) IN GENERAL.—The long-range transpor- formance of the transportation system with reorganization for public review.
tation plan shall be developed, as appropriate, spect to the performance targets described in ‘‘(ii) FUNDING CATEGORIES.—The listing de-
in consultation with State, tribal, and local subsection (d)(2), including progress achieved by scribed in clause (i) shall be consistent with the
agencies responsible for land use management, the metropolitan planning organization in meet- funding categories identified in each metropoli-
natural resources, environmental protection, ing the performance targets in comparison with tan transportation improvement program.
conservation, and historic preservation. system performance recorded in previous re- ‘‘(C) PROJECTS UNDER CHAPTER 2.—
ports; ‘‘(i) REGIONALLY SIGNIFICANT PROJECTS.—Re-
‘‘(ii) COMPARISON AND CONSIDERATION.—Con-
‘‘(8) EXISTING SYSTEM.—The statewide trans- gionally significant projects proposed for fund-
sultation under clause (i) shall involve compari-
portation plan should include capital, oper- ing under chapter 2 of title 23 shall be identified
son of transportation plans to State and tribal
ations and management strategies, investments, individually in the transportation improvement
conservation plans or maps, if available, and
procedures, and other measures to ensure the program.
comparison of transportation plans to inven-
‘‘(ii) OTHER PROJECTS.—Projects proposed for
tories of natural or historic resources, if avail- preservation and most efficient use of the exist-
funding under chapter 2 of title 23 that are not
able. ing transportation system.
‘‘(9) PUBLICATION OF LONG-RANGE TRANSPOR- determined to be regionally significant shall be
‘‘(3) PARTICIPATION BY INTERESTED PARTIES.—
TATION PLANS.—Each long-range transportation
grouped in 1 line item or identified individually
‘‘(A) IN GENERAL.—In developing the state-
plan prepared by a State shall be published or in the transportation improvement program.
wide transportation plan, the State shall pro-
‘‘(D) CONSISTENCY WITH STATEWIDE TRANSPOR-
vide to— otherwise made available, including (to the
TATION PLAN.—Each project shall be—
‘‘(i) nonmetropolitan local elected officials, or, maximum extent practicable) in electronically ‘‘(i) consistent with the statewide transpor-
if applicable, through regional transportation accessible formats and means, such as the World tation plan developed under this section for the
planning organizations described in subsection Wide Web. State;
(l), an opportunity to participate in accordance ‘‘(g) STATEWIDE TRANSPORTATION IMPROVE- ‘‘(ii) identical to the project or phase of the
with subparagraph (B)(i); and MENT PROGRAM.— project as described in an approved metropolitan
‘‘(ii) citizens, affected public agencies, rep- ‘‘(1) DEVELOPMENT.— transportation plan; and
resentatives of public transportation employees, ‘‘(A) IN GENERAL.—Each State shall develop a ‘‘(iii) in conformance with the applicable
freight shippers, private providers of transpor- statewide transportation improvement program State air quality implementation plan developed
tation, representatives of users of public trans- for all areas of the State. under the Clean Air Act (42 U.S.C. 7401 et seq.),
portation, representatives of users of pedestrian ‘‘(B) DURATION AND UPDATING OF PROGRAM.— if the project is carried out in an area des-
walkways and bicycle transportation facilities, Each program developed under subparagraph ignated as a nonattainment area for ozone, par-
representatives of the disabled, providers of (A) shall cover a period of 4 years and shall be ticulate matter, or carbon monoxide under part
freight transportation services, and other inter- updated every 4 years or more frequently if the D of title I of that Act (42 U.S.C. 7501 et seq.).
ested parties a reasonable opportunity to com- Governor of the State elects to update more fre- ‘‘(E) REQUIREMENT OF ANTICIPATED FULL
ment on the proposed plan. quently. FUNDING.—The transportation improvement pro-
‘‘(B) METHODS.—In carrying out subpara- ‘‘(2) CONSULTATION WITH GOVERNMENTS.— gram shall include a project, or an identified
graph (A), the State shall, to the maximum ex- ‘‘(A) METROPOLITAN AREAS.—With respect to phase of a project, only if full funding can rea-
tent practicable— each metropolitan area in the State, the pro- sonably be anticipated to be available for the
‘‘(i) develop and document a consultative gram shall be developed in cooperation with the project within the time period contemplated for
process to carry out subparagraph (A)(i) that is metropolitan planning organization designated completion of the project.
separate and discrete from the public involve- for the metropolitan area under section 5303. ‘‘(F) FINANCIAL PLAN.—
ment process developed under clause (ii); ‘‘(B) NONMETROPOLITAN AREAS.— ‘‘(i) IN GENERAL.—The transportation im-
‘‘(ii) hold any public meetings at convenient ‘‘(i) IN GENERAL.—With respect to each non- provement program may include a financial
and accessible locations and times; metropolitan area in the State, the program plan that demonstrates how the approved trans-
‘‘(iii) employ visualization techniques to de- shall be developed in cooperation with affected portation improvement program can be imple-
scribe plans; and nonmetropolitan local officials with responsi- mented, indicates resources from public and pri-
‘‘(iv) make public information available in bility for transportation or, if applicable, vate sources that are reasonably expected to be
electronically accessible format and means, such through regional transportation planning orga- made available to carry out the transportation
as the World Wide Web, as appropriate to afford nizations described in subsection (l). improvement program, and recommends any ad-
reasonable opportunity for consideration of ‘‘(ii) ROLE OF SECRETARY.—The Secretary ditional financing strategies for needed projects
public information under subparagraph (A). shall not review or approve the specific con- and programs.
‘‘(4) MITIGATION ACTIVITIES.— sultation process in the State. ‘‘(ii) ADDITIONAL PROJECTS.—The financial
‘‘(A) IN GENERAL.—A long-range transpor- ‘‘(C) INDIAN TRIBAL AREAS.—With respect to plan may include, for illustrative purposes, ad-
tation plan shall include a discussion of poten- each area of the State under the jurisdiction of ditional projects that would be included in the
tial environmental mitigation activities and po- an Indian tribal government, the program shall adopted transportation plan if reasonable addi-
tential areas to carry out these activities, in- be developed in consultation with the tribal gov- tional resources beyond those identified in the
cluding activities that may have the greatest po- ernment and the Secretary of the Interior. financial plan were available.
tential to restore and maintain the environ- ‘‘(3) PARTICIPATION BY INTERESTED PARTIES.— ‘‘(G) SELECTION OF PROJECTS FROM ILLUS-
mental functions affected by the plan. In developing the program, the State shall pro- TRATIVE LIST.—
‘‘(B) CONSULTATION.—The discussion shall be vide citizens, affected public agencies, represent- ‘‘(i) NO REQUIRED SELECTION.—Notwith-
developed in consultation with Federal, State, atives of public transportation employees, standing subparagraph (F), a State shall not be
required to select any project from the illus- ‘‘(i) the overall effectiveness of performance- ‘‘(4) DUTIES.—The duties of a regional trans-
trative list of additional projects included in the based planning as a tool for guiding transpor- portation planning organization shall include—
financial plan under subparagraph (F). tation investments; and ‘‘(A) developing and maintaining, in coopera-
‘‘(ii) REQUIRED ACTION BY THE SECRETARY.— ‘‘(ii) the effectiveness of the performance- tion with the State, regional long-range
Action by the Secretary shall be required for a based planning process of each State. multimodal transportation plans;
State to select any project from the illustrative ‘‘(B) PUBLICATION.—The report under sub- ‘‘(B) developing a regional transportation im-
list of additional projects included in the finan- paragraph (A) shall be published or otherwise provement program for consideration by the
cial plan under subparagraph (F) for inclusion made available in electronically accessible for- State;
in an approved transportation improvement pro- mats and means, including on the Internet. ‘‘(C) fostering the coordination of local plan-
gram. ‘‘(i) TREATMENT OF CERTAIN STATE LAWS AS ning, land use, and economic development plans
CONGESTION MANAGEMENT PROCESSES.—For with State, regional, and local transportation
‘‘(H) PRIORITIES.—The transportation im-
purposes of this section and section 5303, and plans and programs;
provement program shall reflect the priorities for
sections 134 and 135 of title 23, State laws, rules, ‘‘(D) providing technical assistance to local
programming and expenditures of funds, includ-
or regulations pertaining to congestion manage- officials;
ing transportation enhancement activities, re-
ment systems or programs may constitute the ‘‘(E) participating in national, multistate, and
quired by this chapter and title 23.
congestion management process under this this State policy and planning development proc-
‘‘(6) PROJECT SELECTION FOR AREAS OF LESS
section and section 5303, and sections 134 and esses to ensure the regional and local input of
THAN 50,000 POPULATION.—
135 of title 23, if the Secretary finds that the nonmetropolitan areas;
‘‘(A) IN GENERAL.—Projects carried out in State laws, rules, or regulations are consistent ‘‘(F) providing a forum for public participa-
areas with populations of less than 50,000 indi- with, and fulfill the intent of, the purposes of tion in the statewide and regional transpor-
viduals shall be selected, from the approved this section and section 5303, and sections 134 tation planning processes;
transportation improvement program (excluding and 135 of title 23, as appropriate. ‘‘(G) considering and sharing plans and pro-
projects carried out on the National Highway ‘‘(j) CONTINUATION OF CURRENT REVIEW PRAC- grams with neighboring regional transportation
System and projects carried out under the bridge TICE.—Since the statewide transportation plan planning organizations, metropolitan planning
program or the Interstate maintenance program and the transportation improvement program organizations, and, where appropriate, tribal
under title 23 or under sections 5310 and 5311 of described in this section are subject to a reason- organizations; and
this chapter), by the State in cooperation with able opportunity for public comment, since indi- ‘‘(H) conducting other duties, as necessary, to
the affected nonmetropolitan local officials with vidual projects included in the statewide trans- support and enhance the statewide planning
responsibility for transportation or, if applica- portation plans and the transportation improve- process under subsection (d).
ble, through regional transportation planning ment program are subject to review under the ‘‘(5) STATES WITHOUT REGIONAL TRANSPOR-
organizations described in subsection (l). National Environmental Policy Act of 1969 (42 TATION PLANNING ORGANIZATIONS.—If a State
‘‘(B) OTHER PROJECTS.—Projects carried out U.S.C. 4321 et seq.), and since decisions by the chooses not to establish or designate a regional
in areas with populations of less than 50,000 in- Secretary concerning statewide transportation transportation planning organization, the State
dividuals on the National Highway System or plans or the transportation improvement pro- shall consult with affected nonmetropolitan
under the bridge program or the Interstate gram described in this section have not been re- local officials to determine projects that may be
maintenance program under title 23 or under viewed under that Act as of January 1, 1997, of regional significance.’’.
sections 5310 and 5311 of this chapter shall be any decision by the Secretary concerning a met- SEC. 20007. URBANIZED AREA FORMULA GRANTS.
selected, from the approved statewide transpor- ropolitan or statewide transportation plan or Section 5307 of title 49, United States Code, is
tation improvement program, by the State in the transportation improvement program de- amended to read as follows:
consultation with the affected nonmetropolitan scribed in this section shall not be considered to
local officials with responsibility for transpor- be a Federal action subject to review under the ‘‘§ 5307. Urbanized area formula grants
tation. National Environmental Policy Act of 1969 (42 ‘‘(a) GENERAL AUTHORITY.—
‘‘(7) TRANSPORTATION IMPROVEMENT PROGRAM U.S.C. 4321 et seq.). ‘‘(1) GRANTS.—The Secretary may make grants
APPROVAL.—Every 4 years, a transportation im- ‘‘(k) SCHEDULE FOR IMPLEMENTATION.—The under this section for—
provement program developed under this sub- Secretary shall issue guidance on a schedule for ‘‘(A) capital projects;
section shall be reviewed and approved by the implementation of the changes made by this sec- ‘‘(B) planning;
Secretary if based on a current planning find- tion, taking into consideration the established ‘‘(C) job access and reverse commute projects;
ing. planning update cycle for States. The Secretary and
shall not require a State to deviate from its es- ‘‘(D) operating costs of equipment and facili-
‘‘(8) PLANNING FINDING.—A finding shall be
tablished planning update cycle to implement ties for use in public transportation in an ur-
made by the Secretary at least every 4 years
changes made by this section. States shall re- banized area with a population of fewer than
that the transportation planning process
flect changes made to their transportation plan 200,000 individuals, as determined by the Bu-
through which statewide transportation plans
or transportation improvement program updates reau of the Census.
and programs are developed is consistent with ‘‘(2) SPECIAL RULE.—The Secretary may make
this section and section 5303. not later than 2 years after the date of issuance
of guidance by the Secretary under this subgrants under this section to finance the oper-
‘‘(9) MODIFICATIONS TO PROJECT PRIORITY.— ating cost of equipment and facilities for use in
Notwithstanding any other provision of law, ac- section.
‘‘(l) DESIGNATION OF REGIONAL TRANSPOR- public transportation, excluding rail fixed
tion by the Secretary shall not be required to guideway, in an urbanized area with a popu-
TATION PLANNING ORGANIZATIONS.—
advance a project included in the approved lation of not fewer than 200,000 individuals, as
‘‘(1) IN GENERAL.—To carry out the transpor-
transportation improvement program in place of determined by the Bureau of the Census—
tation planning process required by this section,
another project in the program. ‘‘(A) for public transportation systems that
a State may establish and designate regional
‘‘(h) PERFORMANCE-BASED PLANNING PROC- operate 75 or fewer buses in fixed route service
transportation planning organizations to en-
ESSES EVALUATION.— during peak service hours, in an amount not to
hance the planning, coordination, and imple-
‘‘(1) IN GENERAL.—The Secretary shall estab- exceed 75 percent of the share of the apportion-
mentation of statewide strategic long-range
lish criteria to evaluate the effectiveness of the ment which is attributable to such systems with-
transportation plans and transportation im-
performance-based planning processes of States, in the urbanized area, as measured by vehicle
provement programs, with an emphasis on ad-
taking into consideration the following: revenue hours; and
dressing the needs of nonmetropolitan areas of
‘‘(A) The extent to which the State is making ‘‘(B) for public transportation systems that
the State.
progress toward achieving, the performance tar- ‘‘(2) STRUCTURE.—A regional transportation operate a minimum of 76 buses and a maximum
gets described in subsection (d)(2), taking into planning organization shall be established as a of 100 buses in fixed route service during peak
account whether the State developed appro- multijurisdictional organization of nonmetro- service hours, in an amount not to exceed 50
priate performance targets. politan local officials or their designees who vol- percent of the share of the apportionment which
‘‘(B) The extent to which the State has made unteer for such organization and representa- is attributable to such systems within the urban-
transportation investments that are efficient tives of local transportation systems who volun- ized area, as measured by vehicle revenue hours.
and cost-effective. teer for such organization. ‘‘(b) PROGRAM OF PROJECTS.—Each recipient
‘‘(C) The extent to which the State— ‘‘(3) REQUIREMENTS.—A regional transpor- of a grant shall—
‘‘(i) has developed an investment process that tation planning organization shall establish, at ‘‘(1) make available to the public information
relies on public input and awareness to ensure a minimum— on amounts available to the recipient under this
that investments are transparent and account- ‘‘(A) a policy committee, the majority of which section;
able; and shall consist of nonmetropolitan local officials, ‘‘(2) develop, in consultation with interested
‘‘(ii) provides reports allowing the public to or their designees, and, as appropriate, addi- parties, including private transportation pro-
access the information being collected in a for- tional representatives from the State, private viders, a proposed program of projects for activi-
mat that allows the public to meaningfully as- business, transportation service providers, eco- ties to be financed;
sess the performance of the State. nomic development practitioners, and the public ‘‘(3) publish a proposed program of projects in
‘‘(2) REPORT.— in the region; and a way that affected individuals, private trans-
‘‘(A) IN GENERAL.—Not later than 5 years ‘‘(B) a fiscal and administrative agent, such portation providers, and local elected officials
after the date of enactment of the Federal Pub- as an existing regional planning and develop- have the opportunity to examine the proposed
lic Transportation Act of 2012, the Secretary ment organization, to provide professional plan- program and submit comments on the proposed
shall submit to Congress a report evaluating— ning, management, and administrative support. program and the performance of the recipient;
‘‘(4) provide an opportunity for a public hear- ‘‘(L) will comply with section 5329(d); and have carried out independently, reviews and au-
ing in which to obtain the views of individuals ‘‘(2) the Secretary accepts the certification. dits the Secretary considers appropriate to es-
on the proposed program of projects; ‘‘(d) GOVERNMENT SHARE OF COSTS.— tablish whether the recipient has carried out—
‘‘(5) ensure that the proposed program of ‘‘(1) CAPITAL PROJECTS.—A grant for a capital ‘‘(i) the activities proposed under subsection
projects provides for the coordination of public project under this section shall be for 80 percent (c) of this section in a timely and effective way
transportation services assisted under section of the net project cost of the project. The recipi- and can continue to do so; and
5336 of this title with transportation services as- ent may provide additional local matching ‘‘(ii) those activities and its certifications and
sisted from other United States Government amounts. has used amounts of the Government in the way
sources; ‘‘(2) OPERATING EXPENSES.—A grant for oper- required by law.
‘‘(6) consider comments and views received, es- ating expenses under this section may not ex- ‘‘(B) AUDITING PROCEDURES.—An audit of the
pecially those of private transportation proceed 50 percent of the net project cost of the use of amounts of the Government shall comply
viders, in preparing the final program of project. with the auditing procedures of the Comptroller
projects; and ‘‘(3) REMAINING COSTS.—Subject to paragraph General.
‘‘(7) make the final program of projects avail- (4), the remainder of the net project costs shall ‘‘(2) TRIENNIAL REVIEW.—At least once every 3
able to the public. be provided— years, the Secretary shall review and evaluate
‘‘(c) GRANT RECIPIENT REQUIREMENTS.—A re- ‘‘(A) in cash from non-Government sources completely the performance of a recipient in car-
cipient may receive a grant in a fiscal year only other than revenues from providing public rying out the recipient’s program, specifically
if— transportation services; referring to compliance with statutory and ad-
‘‘(1) the recipient, within the time the Sec- ‘‘(B) from revenues from the sale of adver- ministrative requirements and the extent to
retary prescribes, submits a final program of tising and concessions; which actual program activities are consistent
projects prepared under subsection (b) of this ‘‘(C) from an undistributed cash surplus, a re- with the activities proposed under subsection (c)
section and a certification for that fiscal year placement or depreciation cash fund or reserve, of this section and the planning process re-
that the recipient (including a person receiving or new capital; quired under sections 5303, 5304, and 5305 of this
amounts from a Governor under this section)— ‘‘(D) from amounts appropriated or otherwise title. To the extent practicable, the Secretary
‘‘(A) has or will have the legal, financial, and made available to a department or agency of the shall coordinate such reviews with any related
technical capacity to carry out the program, in- Government (other than the Department of State or local reviews.
cluding safety and security aspects of the pro- Transportation) that are eligible to be expended ‘‘(3) ACTIONS RESULTING FROM REVIEW, AUDIT,
gram; for transportation; and OR EVALUATION.—The Secretary may take ap-
‘‘(B) has or will have satisfactory continuing ‘‘(E) from amounts received under a service propriate action consistent with a review, audit,
control over the use of equipment and facilities; agreement with a State or local social service and evaluation under this subsection, including
‘‘(C) will maintain equipment and facilities; agency or private social service organization. making an appropriate adjustment in the
‘‘(D) will ensure that, during non-peak hours ‘‘(4) USE OF CERTAIN FUNDS.—For purposes of amount of a grant or withdrawing the grant.
for transportation using or involving a facility subparagraphs (D) and (E) of paragraph (3), ‘‘(g) TREATMENT.—For purposes of this sec-
or equipment of a project financed under this the prohibitions on the use of funds for match- tion, the United States Virgin Islands shall be
section, a fare that is not more than 50 percent ing requirements under section 403(a)(5)(C)(vii) treated as an urbanized area, as defined in sec-
of the peak hour fare will be charged for any— of the Social Security Act (42 U.S.C. tion 5302.
‘‘(i) senior; 603(a)(5)(C)(vii)) shall not apply to Federal or ‘‘(h) PASSENGER FERRY GRANTS.—
‘‘(ii) individual who, because of illness, in- State funds to be used for transportation pur- ‘‘(1) IN GENERAL.—The Secretary may make
jury, age, congenital malfunction, or other inca- poses. grants under this subsection to recipients for
pacity or temporary or permanent disability (in- ‘‘(e) UNDERTAKING PROJECTS IN ADVANCE.— passenger ferry projects that are eligible for a
cluding an individual who is a wheelchair user ‘‘(1) PAYMENT.—The Secretary may pay the grant under subsection (a).
or has semiambulatory capability), cannot use a Government share of the net project cost to a ‘‘(2) GRANT REQUIREMENTS.—Except as other-
public transportation service or a public trans- State or local governmental authority that car- wise provided in this subsection, a grant under
portation facility effectively without special fa- ries out any part of a project eligible under sub- this subsection shall be subject to the same terms
cilities, planning, or design; and paragraph (A) or (B) of subsection (a)(1) with- and conditions as a grant under subsection (a).
‘‘(3) COMPETITIVE PROCESS.—The Secretary
‘‘(iii) individual presenting a Medicare card out the aid of amounts of the Government and
shall solicit grant applications and make grants
issued to that individual under title II or XVIII according to all applicable procedures and re-
for eligible projects on a competitive basis.’’.
of the Social Security Act (42 U.S.C. 401 et seq. quirements if—
SEC. 20008. FIXED GUIDEWAY CAPITAL INVEST-
and 1395 et seq.); ‘‘(A) the recipient applies for the payment; MENT GRANTS.
‘‘(E) in carrying out a procurement under this ‘‘(B) the Secretary approves the payment; and
‘‘(C) before carrying out any part of the (a) IN GENERAL.—Section 5309 of title 49,
section, will comply with sections 5323 and 5325;
‘‘(F) has complied with subsection (b) of this United States Code, is amended to read as fol-
project, the Secretary approves the plans and
section; lows:
specifications for the part in the same way as
‘‘(G) has available and will provide the re- for other projects under this section. ‘‘§ 5309. Fixed guideway capital investment
quired amounts as provided by subsection (d) of ‘‘(2) APPROVAL OF APPLICATION.—The Sec- grants
this section; retary may approve an application under para- ‘‘(a) DEFINITIONS.—In this section, the fol-
‘‘(H) will comply with sections 5303 and 5304; graph (1) of this subsection only if an author- lowing definitions shall apply:
‘‘(I) has a locally developed process to solicit ization for this section is in effect for the fiscal ‘‘(1) APPLICANT.—The term ‘applicant’ means
and consider public comment before raising a year to which the application applies. The Sec- a State or local governmental authority that ap-
fare or carrying out a major reduction of trans- retary may not approve an application if the plies for a grant under this section.
portation; payment will be more than— ‘‘(2) CORE CAPACITY IMPROVEMENT PROJECT.—
‘‘(J)(i) will expend for each fiscal year for ‘‘(A) the recipient’s expected apportionment The term ‘core capacity improvement project’
public transportation security projects, includ- under section 5336 of this title if the total means a substantial corridor-based capital in-
ing increased lighting in or adjacent to a public amount authorized to be appropriated for the vestment in an existing fixed guideway system
transportation system (including bus stops, sub- fiscal year to carry out this section is appro- that increases the capacity of a corridor by not
way stations, parking lots, and garages), in- priated; less less than 10 percent. The term does not include
creased camera surveillance of an area in or ad- ‘‘(B) the maximum amount of the apportion- project elements designed to maintain a state of
jacent to that system, providing an emergency ment that may be made available for projects for good repair of the existing fixed guideway sys-
telephone line to contact law enforcement or se- operating expenses under this section. tem.
curity personnel in an area in or adjacent to ‘‘(3) FINANCING COSTS.— ‘‘(3) CORRIDOR-BASED BUS RAPID TRANSIT
that system, and any other project intended to ‘‘(A) IN GENERAL.—The cost of carrying out PROJECT.—The term ‘corridor-based bus rapid
increase the security and safety of an existing part of a project includes the amount of interest transit project’ means a small start project uti-
or planned public transportation system, at earned and payable on bonds issued by the re- lizing buses in which the project represents a
least 1 percent of the amount the recipient recipient to the extent proceeds of the bonds are substantial investment in a defined corridor as
ceives for each fiscal year under section 5336 of expended in carrying out the part. demonstrated by features that emulate the serv-
this title; or ‘‘(B) LIMITATION ON THE AMOUNT OF INTER- ices provided by rail fixed guideway public
‘‘(ii) has decided that the expenditure for se- EST.—The amount of interest allowed under this transportation systems, including defined sta-
curity projects is not necessary; paragraph may not be more than the most fa- tions; traffic signal priority for public transpor-
‘‘(K) in the case of a recipient for an urban- vorable financing terms reasonably available for tation vehicles; short headway bidirectional
ized area with a population of not fewer than the project at the time of borrowing. services for a substantial part of weekdays and
200,000 individuals, as determined by the Bu- ‘‘(C) CERTIFICATION.—The applicant shall cer- weekend days; and any other features the Sec-
reau of the Census— tify, in a manner satisfactory to the Secretary, retary may determine support a long-term cor-
‘‘(i) will expend not less than 1 percent of the that the applicant has shown reasonable dili- ridor investment, but the majority of which does
amount the recipient receives each fiscal year gence in seeking the most favorable financing not operate in a separated right-of-way dedi-
under this section for associated transit im- terms. cated for public transportation use during peak
provements, as defined in section 5302; and ‘‘(f) REVIEWS, AUDITS, AND EVALUATIONS.— periods.
‘‘(ii) will submit an annual report listing ‘‘(1) ANNUAL REVIEW.— ‘‘(4) FIXED GUIDEWAY BUS RAPID TRANSIT
projects carried out in the preceding fiscal year ‘‘(A) IN GENERAL.—At least annually, the Sec- PROJECT.—The term ‘fixed guideway bus rapid
with those funds; and retary shall carry out, or require a recipient to transit project’ means a bus capital project—
‘‘(A) in which the majority of the project oper- ‘‘(iii) the technical and financial capacity to 1969 (42 U.S.C. 4321 et seq.), as demonstrated by
ates in a separated right-of-way dedicated for maintain new and existing equipment and facili- a record of decision with respect to the project,
public transportation use during peak periods; ties. a finding that the project has no significant im-
‘‘(B) that represents a substantial investment ‘‘(2) CERTIFICATION.—An applicant that has pact, or a determination that the project is cat-
in a single route in a defined corridor or sub- submitted the certifications required under sub- egorically excluded, only if the Secretary deter-
area; and paragraphs (A), (B), (C), and (H) of section mines that the project—
‘‘(C) that includes features that emulate the 5307(c)(1) shall be deemed to have provided suf- ‘‘(i) is selected as the locally preferred alter-
services provided by rail fixed guideway public ficient information upon which the Secretary native at the completion of the process required
transportation systems, including— may make the determinations required under under the National Environmental Policy Act of
‘‘(i) defined stations; this subsection. 1969 (42 U.S.C. 4321 et seq.);
‘‘(ii) traffic signal priority for public transpor- ‘‘(3) TECHNICAL CAPACITY.—The Secretary ‘‘(ii) is adopted into the metropolitan trans-
tation vehicles; shall use an expedited technical capacity review portation plan required under section 5303;
‘‘(iii) short headway bidirectional services for process for applicants that have recently and ‘‘(iii) is justified based on a comprehensive re-
a substantial part of weekdays and weekend successfully completed at least 1 new fixed view of the project’s mobility improvements, the
days; and guideway capital project, or core capacity im- project’s environmental benefits, congestion re-
‘‘(iv) any other features the Secretary may de- provement project, if— lief associated with the project, economic devel-
termine are necessary to produce high-quality ‘‘(A) the applicant achieved budget, cost, and opment effects associated with the project, poli-
public transportation services that emulate the ridership outcomes for the project that are con- cies and land use patterns of the project that
services provided by rail fixed guideway public sistent with or better than projections; and support public transportation, and the project’s
transportation systems. ‘‘(B) the applicant demonstrates that the ap- cost-effectiveness as measured by cost per rider;
‘‘(5) NEW FIXED GUIDEWAY CAPITAL PROJECT.— plicant continues to have the staff expertise and ‘‘(iv) is supported by policies and land use
The term ‘new fixed guideway capital project’ other resources necessary to implement a new patterns that promote public transportation, in-
means— project. cluding plans for future land use and rezoning,
‘‘(A) a new fixed guideway project that is a ‘‘(4) RECIPIENT REQUIREMENTS.—A recipient of and economic development around public trans-
minimum operable segment or extension to an a grant awarded under this section shall be sub- portation stations; and
existing fixed guideway system; or ject to all terms, conditions, requirements, and ‘‘(v) is supported by an acceptable degree of
‘‘(B) a fixed guideway bus rapid transit provisions that the Secretary determines to be local financial commitment (including evidence
project that is a minimum operable segment or necessary or appropriate for purposes of this of stable and dependable financing sources), as
an extension to an existing bus rapid transit section. required under subsection (f).
system. ‘‘(d) NEW FIXED GUIDEWAY GRANTS.— ‘‘(B) DETERMINATION THAT PROJECT IS JUSTI-
‘‘(6) PROGRAM OF INTERRELATED PROJECTS.— ‘‘(1) PROJECT DEVELOPMENT PHASE.— FIED.—In making a determination under sub-
The term ‘program of interrelated projects’ ‘‘(A) ENTRANCE INTO PROJECT DEVELOPMENT paragraph (A)(iii), the Secretary shall evaluate,
means the simultaneous development of— PHASE.—A new fixed guideway capital project analyze, and consider—
‘‘(A) 2 or more new fixed guideway capital shall enter into the project development phase ‘‘(i) the reliability of the forecasting methods
projects or core capacity improvement projects; when— used to estimate costs and utilization made by
or ‘‘(i) the applicant— the recipient and the contractors to the recipi-
‘‘(B) 1 or more new fixed guideway capital ‘‘(I) submits a letter to the Secretary describ- ent; and
projects and 1 or more core capacity improve- ing the project and requesting entry into the ‘‘(ii) population density and current public
ment projects. project development phase; and transportation ridership in the transportation
‘‘(7) SMALL START PROJECT.—The term ‘small ‘‘(II) initiates activities required to be carried corridor.
start project’ means a new fixed guideway cap- out under the National Environmental Policy ‘‘(e) CORE CAPACITY IMPROVEMENT
ital project or corridor-based bus rapid transit Act of 1969 (42 U.S.C. 4321 et seq.) with respect PROJECTS.—
project for which— ‘‘(1) PROJECT DEVELOPMENT PHASE.—
to the project; and
‘‘(A) ENTRANCE INTO PROJECT DEVELOPMENT
‘‘(A) the Federal assistance provided or to be ‘‘(ii) the Secretary—
PHASE.—A core capacity improvement project
provided under this section is less than ‘‘(I) responds in writing to the applicant with-
shall be deemed to have entered into the project
$75,000,000; and in 45 days whether the information provided is
development phase if—
‘‘(B) the total estimated net capital cost is less sufficient to enter into the project development ‘‘(i) the applicant—
than $250,000,000. phase, including, when necessary, a detailed de- ‘‘(I) submits a letter to the Secretary describ-
‘‘(b) GENERAL AUTHORITY.—The Secretary scription of any information deemed insuffi- ing the project and requesting entry into the
may make grants under this section to State and cient; and project development phase; and
local governmental authorities to assist in fi- ‘‘(II) provides concurrent notice to the Com- ‘‘(II) initiates activities required to be carried
nancing— mittee on Banking, Housing, and Urban Affairs out under the National Environmental Policy
‘‘(1) new fixed guideway capital projects or of the Senate and the Committee on Transpor- Act of 1969 (42 U.S.C. 4321 et seq.) with respect
small start projects, including the acquisition of tation and Infrastructure of the House of Rep- to the project; and
real property, the initial acquisition of rolling resentatives of whether the new fixed guideway ‘‘(ii) the Secretary—
stock for the system, the acquisition of rights-of- capital project is entering the project develop- ‘‘(I) responds in writing to the applicant with-
way, and relocation, for fixed guideway corridor ment phase. in 45 days whether the information provided is
development for projects in the advanced stages ‘‘(B) ACTIVITIES DURING PROJECT DEVELOP- sufficient to enter into the project development
of project development or engineering; and MENT PHASE.—Concurrent with the analysis re- phase, including when necessary a detailed de-
‘‘(2) core capacity improvement projects, in- quired to be made under the National Environ- scription of any information deemed insuffi-
cluding the acquisition of real property, the ac- mental Policy Act of 1969 (42 U.S.C. 4321 et cient; and
quisition of rights-of-way, double tracking, sig- seq.), each applicant shall develop sufficient in- ‘‘(II) provides concurrent notice to the Com-
nalization improvements, electrification, ex- formation to enable the Secretary to make find- mittee on Banking, Housing, and Urban Affairs
panding system platforms, acquisition of rolling ings of project justification, policies and land of the Senate and the Committee on Transpor-
stock associated with corridor improvements in- use patterns that promote public transportation, tation and Infrastructure of the House of Rep-
creasing capacity, construction of infill stations, and local financial commitment under this sub- resentatives of whether the core capacity im-
and such other capacity improvement projects section. provement project is entering the project devel-
as the Secretary determines are appropriate to ‘‘(C) COMPLETION OF PROJECT DEVELOPMENT opment phase.
increase the capacity of an existing fixed guide- ACTIVITIES REQUIRED.— ‘‘(B) ACTIVITIES DURING PROJECT DEVELOP-
way system corridor by at least 10 percent. Core ‘‘(i) IN GENERAL.—Not later than 2 years after MENT PHASE.—Concurrent with the analysis re-
capacity improvement projects do not include the date on which a project enters into the quired to be made under the National Environ-
elements to improve general station facilities or project development phase, the applicant shall mental Policy Act of 1969 (42 U.S.C. 4321 et
parking, or acquisition of rolling stock alone. complete the activities required to obtain a seq.), each applicant shall develop sufficient in-
‘‘(c) GRANT REQUIREMENTS.— project rating under subsection (g)(2) and sub- formation to enable the Secretary to make find-
‘‘(1) IN GENERAL.—The Secretary may make a mit completed documentation to the Secretary. ings of project justification and local financial
grant under this section for new fixed guideway ‘‘(ii) EXTENSION OF TIME.—Upon the request commitment under this subsection.
capital projects, small start projects, or core ca- of an applicant, the Secretary may extend the ‘‘(C) COMPLETION OF PROJECT DEVELOPMENT
pacity improvement projects, if the Secretary de- time period under clause (i), if the applicant ACTIVITIES REQUIRED.—
termines that— submits to the Secretary— ‘‘(i) IN GENERAL.—Not later than 2 years after
‘‘(A) the project is part of an approved trans- ‘‘(I) a reasonable plan for completing the ac- the date on which a project enters into the
portation plan required under sections 5303 and tivities required under this paragraph; and project development phase, the applicant shall
5304; and ‘‘(II) an estimated time period within which complete the activities required to obtain a
‘‘(B) the applicant has, or will have— the applicant will complete such activities. project rating under subsection (g)(2) and sub-
‘‘(i) the legal, financial, and technical capac- ‘‘(2) ENGINEERING PHASE.— mit completed documentation to the Secretary.
ity to carry out the project, including the safety ‘‘(A) IN GENERAL.—A new fixed guideway cap- ‘‘(ii) EXTENSION OF TIME.—Upon the request
and security aspects of the project; ital project may advance to the engineering of an applicant, the Secretary may extend the
‘‘(ii) satisfactory continuing control over the phase upon completion of activities required time period under clause (i), if the applicant
use of the equipment or facilities; and under the National Environmental Policy Act of submits to the Secretary—
‘‘(I) a reasonable plan for completing the ac- ‘‘(E) the extent to which the project has a ‘‘(B) each time the Secretary makes signifi-
tivities required under this paragraph; and local financial commitment that exceeds the re- cant changes to the process and criteria, but not
‘‘(II) an estimated time period within which quired non-Government share of the cost of the less frequently than once every 2 years.
the applicant will complete such activities. project; and ‘‘(6) RULES.—Not later than 1 year after the
‘‘(2) ENGINEERING PHASE.— ‘‘(F) private contributions to the project, in- date of enactment of the Federal Public Trans-
‘‘(A) IN GENERAL.—A core capacity improve- cluding cost-effective project delivery, manage- portation Act of 2012, the Secretary shall issue
ment project may advance into the engineering ment or transfer of project risks, expedited rules establishing an evaluation and rating
phase upon completion of activities required project schedule, financial partnering, and process for—
under the National Environmental Policy Act of other public-private partnership strategies. ‘‘(A) new fixed guideway capital projects that
1969 (42 U.S.C. 4321 et seq.), as demonstrated by ‘‘(g) PROJECT ADVANCEMENT AND RATINGS.— is based on the results of project justification,
a record of decision with respect to the project, ‘‘(1) PROJECT ADVANCEMENT.—A new fixed policies and land use patterns that promote pub-
a finding that the project has no significant im- guideway capital project or core capacity im- lic transportation, and local financial commit-
pact, or a determination that the project is cat- provement project proposed to be carried out ment, as required under this subsection; and
egorically excluded, only if the Secretary deter- using a grant under this section may not ad- ‘‘(B) core capacity improvement projects that
mines that the project— vance from the project development phase to the is based on the results of the capacity needs of
‘‘(i) is selected as the locally preferred alter- engineering phase, or from the engineering the corridor, project justification, and local fi-
native at the completion of the process required phase to the construction phase, unless the Sec- nancial commitment.
under the National Environmental Policy Act of retary determines that— ‘‘(7) APPLICABILITY.—This subsection shall
1969; ‘‘(A) the project meets the applicable require- not apply to a project for which the Secretary
‘‘(ii) is adopted into the metropolitan trans- ments under this section; and issued a letter of intent, entered into a full
portation plan required under section 5303; ‘‘(B) there is a reasonable likelihood that the
funding grant agreement, or entered into a
‘‘(iii) is in a corridor that is— project will continue to meet the requirements
project construction agreement before the date
‘‘(I) at or over capacity; or under this section.
‘‘(2) RATINGS.— of enactment of the Federal Public Transpor-
‘‘(II) projected to be at or over capacity within
‘‘(A) OVERALL RATING.—In making a deter- tation Act of 2012.
the next 5 years; ‘‘(h) SMALL START PROJECTS.—
‘‘(iv) is justified based on a comprehensive re- mination under paragraph (1), the Secretary
shall evaluate and rate a project as a whole on ‘‘(1) IN GENERAL.—A small start project shall
view of the project’s mobility improvements, the
a 5-point scale (high, medium-high, medium, me- be subject to the requirements of this subsection.
project’s environmental benefits, congestion re- ‘‘(2) PROJECT DEVELOPMENT PHASE.—
lief associated with the project, economic devel- dium-low, or low) based on—
‘‘(i) in the case of a new fixed guideway cap- ‘‘(A) ENTRANCE INTO PROJECT DEVELOPMENT
opment effects associated with the project, the PHASE.—A new small starts project shall enter
capacity needs of the corridor, and the project’s ital project, the project justification criteria
under subsection (d)(2)(A)(iii), the policies and into the project development phase when—
cost-effectiveness as measured by cost per rider; ‘‘(i) the applicant—
and land use patterns that support public transpor-
tation, and the degree of local financial commit- ‘‘(I) submits a letter to the Secretary describ-
‘‘(v) is supported by an acceptable degree of ing the project and requesting entry into the
local financial commitment (including evidence ment; and
‘‘(ii) in the case of a core capacity improve- project development phase; and
of stable and dependable financing sources), as ‘‘(II) initiates activities required to be carried
ment project, the capacity needs of the corridor,
required under subsection (f). out under the National Environmental Policy
‘‘(B) DETERMINATION THAT PROJECT IS JUSTI- the project justification criteria under sub-
section (e)(2)(A)(iv), and the degree of local fi- Act of 1969 (42 U.S.C. 4321 et seq.) with respect
FIED.—In making a determination under sub-
nancial commitment. to the project; and
paragraph (A)(iv), the Secretary shall evaluate, ‘‘(ii) the Secretary—
‘‘(B) INDIVIDUAL RATINGS FOR EACH CRI-
analyze, and consider— TERION.—In rating a project under this para- ‘‘(I) responds in writing to the applicant with-
‘‘(i) the reliability of the forecasting methods in 45 days whether the information provided is
graph, the Secretary shall—
used to estimate costs and utilization made by ‘‘(i) provide, in addition to the overall project sufficient to enter into the project development
the recipient and the contractors to the recipi- rating under subparagraph (A), individual rat- phase, including, when necessary, a detailed de-
ent; ings for each of the criteria established under scription of any information deemed insuffi-
‘‘(ii) whether the project will increase capac-
subsection (d)(2)(A)(iii) or (e)(2)(A)(iv), as appli- cient; and
ity at least 10 percent in a corridor; cable; and ‘‘(II) provides concurrent notice to the Com-
‘‘(iii) whether the project will improve ‘‘(ii) give comparable, but not necessarily mittee on Banking, Housing, and Urban Affairs
interconnectivity among existing systems; and equal, numerical weight to each of the criteria
‘‘(iv) whether the project will improve envi- of the Senate and the Committee on Transpor-
established under subsections (d)(2)(A)(iii) or tation and Infrastructure of the House of Rep-
ronmental outcomes.
(e)(2)(A)(iv), as applicable, in calculating the resentatives of whether the small starts project
‘‘(f) FINANCING SOURCES.—
‘‘(1) REQUIREMENTS.—In determining whether overall project rating under clause (i). is entering the project development phase.
‘‘(C) MEDIUM RATING NOT REQUIRED.—The ‘‘(B) ACTIVITIES DURING PROJECT DEVELOP-
a project is supported by an acceptable degree of
Secretary shall not require that any single MENT PHASE.—Concurrent with the analysis re-
local financial commitment and shows evidence
project justification criterion meet or exceed a quired to be made under the National Environ-
of stable and dependable financing sources for
‘medium’ rating in order to advance the project mental Policy Act of 1969 (42 U.S.C. 4321 et
purposes of subsection (d)(2)(A)(v) or
from one phase to another. seq.), each applicant shall develop sufficient in-
(e)(2)(A)(v), the Secretary shall require that— ‘‘(3) WARRANTS.—The Secretary shall, to the
‘‘(A) the proposed project plan provides for formation to enable the Secretary to make find-
maximum extent practicable, develop and use ings of project justification, policies and land
the availability of contingency amounts that the
special warrants for making a project justifica- use patterns that promote public transportation,
Secretary determines to be reasonable to cover
tion determination under subsection (d)(2) or and local financial commitment under this sub-
unanticipated cost increases or funding short-
(e)(2), as applicable, for a project proposed to be section.
falls;
funded using a grant under this section, if— ‘‘(3) SELECTION CRITERIA.—The Secretary may
‘‘(B) each proposed local source of capital and ‘‘(A) the share of the cost of the project to be
operating financing is stable, reliable, and provide Federal assistance for a small start
provided under this section does not exceed— project under this subsection only if the Sec-
available within the proposed project timetable; ‘‘(i) $100,000,000; or
and retary determines that the project—
‘‘(ii) 50 percent of the total cost of the project;
‘‘(C) local resources are available to recapi- ‘‘(B) the applicant requests the use of the ‘‘(A) has been adopted as the locally preferred
talize, maintain, and operate the overall exist- warrants; alternative as part of the metropolitan transpor-
ing and proposed public transportation system, ‘‘(C) the applicant certifies that its existing tation plan required under section 5303;
including essential feeder bus and other services public transportation system is in a state of ‘‘(B) is based on the results of an analysis of
necessary to achieve the projected ridership lev- good repair; and the benefits of the project as set forth in para-
els without requiring a reduction in existing ‘‘(D) the applicant meets any other require- graph (4); and
public transportation services or level of service ments that the Secretary considers appropriate ‘‘(C) is supported by an acceptable degree of
to operate the project. to carry out this subsection. local financial commitment.
‘‘(2) CONSIDERATIONS.—In assessing the sta- ‘‘(4) LETTERS OF INTENT AND EARLY SYSTEMS ‘‘(4) EVALUATION OF BENEFITS AND FEDERAL
bility, reliability, and availability of proposed WORK AGREEMENTS.—In order to expedite a INVESTMENT.—In making a determination for a
sources of local financing for purposes of sub- project under this subsection, the Secretary small start project under paragraph (3)(B), the
section (d)(2)(A)(v) or (e)(2)(A)(v), the Secretary shall, to the maximum extent practicable, issue Secretary shall analyze, evaluate, and consider
shall consider— letters of intent and enter into early systems the following evaluation criteria for the project
‘‘(A) the reliability of the forecasting methods work agreements upon issuance of a record of (as compared to a no-action alternative): mobil-
used to estimate costs and revenues made by the decision for projects that receive an overall ity improvements, environmental benefits, con-
recipient and the contractors to the recipient; project rating of medium or better. gestion relief, economic development effects as-
‘‘(B) existing grant commitments; ‘‘(5) POLICY GUIDANCE.—The Secretary shall sociated with the project, policies and land use
‘‘(C) the degree to which financing sources issue policy guidance regarding the review and patterns that support public transportation and
are dedicated to the proposed purposes; evaluation process and criteria— cost-effectiveness as measured by cost per rider.
‘‘(D) any debt obligation that exists, or is pro- ‘‘(A) not later than 180 days after the date of ‘‘(5) EVALUATION OF LOCAL FINANCIAL COM-
posed by the recipient, for the proposed project enactment of the Federal Public Transportation MITMENT.—For purposes of paragraph (3)(C),
or other public transportation purpose; Act of 2012; and the Secretary shall require that each proposed
local source of capital and operating financing ‘‘(A) PROJECT ADVANCEMENT.—A project reprogram of interrelated projects does not impose
is stable, reliable, and available within the pro- ceiving a grant under this section that is part of Government requirements that would not other-
posed project timetable. a program of interrelated projects may not ad- wise apply to the project.
‘‘(6) RATINGS.—In carrying out paragraphs (4) vance from the project development phase to the ‘‘(j) PREVIOUSLY ISSUED LETTER OF INTENT OR
and (5) for a small start project, the Secretary engineering phase, or from the engineering FULL FUNDING GRANT AGREEMENT.—Subsections
shall evaluate and rate the project on a 5-point phase to the construction phase, unless the Sec- (d) and (e) shall not apply to projects for which
scale (high, medium-high, medium, medium-low, retary determines that the program of inter- the Secretary has issued a letter of intent, ap-
or low) based on an evaluation of the benefits of related projects meets the applicable require- proved entry into final design, entered into a
the project as compared to the Federal assist- ments of this section and there is a reasonable full funding grant agreement, or entered into a
ance to be provided and the degree of local fi- likelihood that the program will continue to project construction grant agreement before the
nancial commitment, as required under this sub- meet such requirements. date of enactment of the Federal Public Trans-
section. In rating the projects, the Secretary ‘‘(B) RATINGS.— portation Act of 2012.
shall provide, in addition to the overall project ‘‘(i) OVERALL RATING.—In making a deter- ‘‘(k) LETTERS OF INTENT, FULL FUNDING
rating, individual ratings for each of the criteria mination under subparagraph (A), the Secretary GRANT AGREEMENTS, AND EARLY SYSTEMS WORK
established by this subsection and shall give shall evaluate and rate a program of inter- AGREEMENTS.—
comparable, but not necessarily equal, numer- related projects on a 5-point scale (high, me- ‘‘(1) LETTERS OF INTENT.—
ical weight to the benefits that the project will dium-high, medium, medium-low, or low) based ‘‘(A) AMOUNTS INTENDED TO BE OBLIGATED.—
bring to the community in calculating the over- on the criteria described in paragraph (2). The Secretary may issue a letter of intent to an
all project rating. ‘‘(ii) INDIVIDUAL RATING FOR EACH CRI- applicant announcing an intention to obligate,
‘‘(7) GRANTS AND EXPEDITED GRANT AGREE- TERION.—In rating a program of interrelated for a new fixed guideway capital project or core
MENTS.— projects, the Secretary shall provide, in addition capacity improvement project, an amount from
‘‘(A) IN GENERAL.—The Secretary, to the max- to the overall program rating, individual ratings future available budget authority specified in
imum extent practicable, shall provide Federal for each of the criteria described in paragraph law that is not more than the amount stipulated
assistance under this subsection in a single (2) and shall give comparable, but not nec- as the financial participation of the Secretary in
grant. If the Secretary cannot provide such a essarily equal, numerical weight to each such the project. When a letter is issued for a capital
single grant, the Secretary may execute an expe- criterion in calculating the overall program rat- project under this section, the amount shall be
dited grant agreement in order to include a coming. sufficient to complete at least an operable seg-
mitment on the part of the Secretary to provide ‘‘(iii) MEDIUM RATING NOT REQUIRED.—The ment.
funding for the project in future fiscal years. Secretary shall not require that any single cri- ‘‘(B) TREATMENT.—The issuance of a letter
‘‘(B) TERMS OF EXPEDITED GRANT AGREE- terion described in paragraph (2) meet or exceed under subparagraph (A) is deemed not to be an
MENTS.—In executing an expedited grant agree- a ‘medium’ rating in order to advance the pro- obligation under sections 1108(c), 1501, and
ment under this subsection, the Secretary may gram of interrelated projects from one phase to 1502(a) of title 31 or an administrative commit-
include in the agreement terms similar to those another. ment.
established under subsection (k)(2). ‘‘(4) ANNUAL REVIEW.— ‘‘(2) FULL FUNDING GRANT AGREEMENTS.—
‘‘(C) NOTICE OF PROPOSED GRANTS AND EXPE- ‘‘(A) REVIEW REQUIRED.—The Secretary shall ‘‘(A) IN GENERAL.—A new fixed guideway cap-
DITED GRANT AGREEMENTS.—At least 10 days be- annually review the program implementation ital project or core capacity improvement project
fore making a grant award or entering into a plan required under paragraph (2)(E) to deter- shall be carried out through a full funding
grant agreement for a project under this sub- mine whether the program of interrelated grant agreement.
section, the Secretary shall notify, in writing, projects is adhering to its schedule. ‘‘(B) CRITERIA.—The Secretary shall enter
the Committee on Transportation and Infra- ‘‘(B) EXTENSION OF TIME.—If a program of into a full funding grant agreement, based on
structure and the Committee on Appropriations interrelated projects is not adhering to its sched- the evaluations and ratings required under sub-
of the House of Representatives and the Com- ule, the Secretary may, upon the request of the section (d), (e), or (i), as applicable, with each
mittee on Banking, Housing, and Urban Affairs applicant, grant an extension of time if the ap- grantee receiving assistance for a new fixed
and the Committee on Appropriations of the plicant submits a reasonable plan that in- guideway capital project or core capacity im-
Senate of the proposed grant or expedited grant cludes— provement project that has been rated as high,
agreement, as well as the evaluations and rat- ‘‘(i) evidence of continued adequate funding; medium-high, or medium, in accordance with
ings for the project. and subsection (g)(2)(A) or (i)(3)(B), as applicable.
‘‘(i) PROGRAMS OF INTERRELATED PROJECTS.— ‘‘(ii) an estimated time frame for completing ‘‘(C) TERMS.—A full funding grant agreement
‘‘(1) PROJECT DEVELOPMENT PHASE.—A feder- the program of interrelated projects. shall—
ally funded project in a program of interrelated ‘‘(C) SATISFACTORY PROGRESS REQUIRED.—If ‘‘(i) establish the terms of participation by the
projects shall advance through project develop- the Secretary determines that a program of Government in a new fixed guideway capital
ment as provided in subsection (d) or (e), as ap- interrelated projects is not making satisfactory project or core capacity improvement project;
plicable. progress, no Federal funds shall be provided for ‘‘(ii) establish the maximum amount of Fed-
‘‘(2) ENGINEERING PHASE.—A federally funded a project within the program of interrelated eral financial assistance for the project;
project in a program of interrelated projects may projects. ‘‘(iii) include the period of time for completing
advance into the engineering phase upon com- ‘‘(5) FAILURE TO CARRY OUT PROGRAM OF the project, even if that period extends beyond
pletion of activities required under the National INTERRELATED PROJECTS.— the period of an authorization; and
Environmental Policy Act of 1969 (42 U.S.C. 4321 ‘‘(A) REPAYMENT REQUIRED.—If an applicant ‘‘(iv) make timely and efficient management of
et seq.), as demonstrated by a record of decision does not carry out the program of interrelated the project easier according to the law of the
with respect to the project, a finding that the projects within a reasonable time, for reasons United States.
project has no significant impact, or a deter- within the control of the applicant, the appli- ‘‘(D) SPECIAL FINANCIAL RULES.—
mination that the project is categorically ex- cant shall repay all Federal funds provided for ‘‘(i) IN GENERAL.—A full funding grant agree-
cluded, only if the Secretary determines that— the program, and any reasonable interest and ment under this paragraph obligates an amount
‘‘(A) the project is selected as the locally pre- penalty charges that the Secretary may estab- of available budget authority specified in law
ferred alternative at the completion of the proc- lish. and may include a commitment, contingent on
ess required under the National Environmental ‘‘(B) CREDITING OF FUNDS RECEIVED.—Any amounts to be specified in law in advance for
Policy Act of 1969; funds received by the Government under this commitments under this paragraph, to obligate
‘‘(B) the project is adopted into the metropoli- paragraph, other than interest and penalty an additional amount from future available
tan transportation plan required under section charges, shall be credited to the appropriation budget authority specified in law.
5303; account from which the funds were originally ‘‘(ii) STATEMENT OF CONTINGENT COMMIT-
‘‘(C) the program of interrelated projects in- derived. MENT.—The agreement shall state that the con-
volves projects that have a logical connectivity ‘‘(6) NON-FEDERAL FUNDS.—Any non-Federal tingent commitment is not an obligation of the
to one another; funds committed to a project in a program of Government.
‘‘(D) the program of interrelated projects, interrelated projects may be used to meet a non- ‘‘(iii) INTEREST AND OTHER FINANCING COSTS.—
when evaluated as a whole, meets the require- Government share requirement for any other Interest and other financing costs of efficiently
ments of subsection (d)(2) or (e)(2), as applica- project in the program of interrelated projects, if carrying out a part of the project within a rea-
ble; the Government share of the cost of each project sonable time are a cost of carrying out the
‘‘(E) the program of interrelated projects is within the program of interrelated projects does project under a full funding grant agreement,
supported by a program implementation plan not exceed 80 percent. except that eligible costs may not be more than
demonstrating that construction will begin on ‘‘(7) PRIORITY.—In making grants under this the cost of the most favorable financing terms
each of the projects in the program of intersection, the Secretary may give priority to pro- reasonably available for the project at the time
related projects within a reasonable time frame; grams of interrelated projects for which the non- of borrowing. The applicant shall certify, in a
and Government share of the cost of the projects in- way satisfactory to the Secretary, that the ap-
‘‘(F) the program of interrelated projects is cluded in the programs of interrelated projects plicant has shown reasonable diligence in seek-
supported by an acceptable degree of local fi- exceeds the non-Government share required ing the most favorable financing terms.
nancial commitment, as described in subsection under subsection (l). ‘‘(iv) COMPLETION OF OPERABLE SEGMENT.—
(f). ‘‘(8) NON-GOVERNMENT PROJECTS.—Including The amount stipulated in an agreement under
‘‘(3) PROJECT ADVANCEMENT AND RATINGS.— a project not financed by the Government in a this paragraph for a new fixed guideway capital
project shall be sufficient to complete at least an from future available budget authority specified than 10 percent higher than the net capital
operable segment. in law. project cost estimated at the time the project was
‘‘(E) BEFORE AND AFTER STUDY.— ‘‘(iii) PERIOD COVERED.—An early systems approved for advancement into the engineering
‘‘(i) IN GENERAL.—A full funding grant agree- work agreement under this paragraph shall phase; and
ment under this paragraph shall require the ap- cover the period of time the Secretary considers ‘‘(B) the ridership estimated for the project is
plicant to conduct a study that— appropriate. The period may extend beyond the not less than 90 percent of the ridership esti-
‘‘(I) describes and analyzes the impacts of the period of current authorization. mated for the project at the time the project was
new fixed guideway capital project or core ca- ‘‘(iv) INTEREST AND OTHER FINANCING COSTS.— approved for advancement into the engineering
pacity improvement project on public transpor- Interest and other financing costs of efficiently phase.
tation services and public transportation rider- carrying out the early systems work agreement ‘‘(4) REMAINDER OF NET CAPITAL PROJECT
ship; within a reasonable time are a cost of carrying COST.—The remainder of the net capital project
‘‘(II) evaluates the consistency of predicted out the agreement, except that eligible costs may cost shall be provided from an undistributed
and actual project characteristics and perform- not be more than the cost of the most favorable cash surplus, a replacement or depreciation cash
ance; and financing terms reasonably available for the fund or reserve, or new capital.
‘‘(III) identifies reasons for differences be- project at the time of borrowing. The applicant ‘‘(5) LIMITATION ON STATUTORY CONSTRUC-
tween predicted and actual outcomes. shall certify, in a way satisfactory to the Sec- TION.—Nothing in this section shall be con-
‘‘(ii) INFORMATION COLLECTION AND ANALYSIS retary, that the applicant has shown reasonable strued as authorizing the Secretary to require a
PLAN.— diligence in seeking the most favorable financ- non-Federal financial commitment for a project
‘‘(I) SUBMISSION OF PLAN.—Applicants seeking ing terms. that is more than 20 percent of the net capital
a full funding grant agreement under this para- ‘‘(v) FAILURE TO CARRY OUT PROJECT.—If an project cost.
graph shall submit a complete plan for the col- applicant does not carry out the project for rea- ‘‘(6) SPECIAL RULE FOR ROLLING STOCK
lection and analysis of information to identify sons within the control of the applicant, the ap- COSTS.—In addition to amounts allowed pursu-
the impacts of the new fixed guideway capital plicant shall repay all Federal grant funds ant to paragraph (1), a planned extension to a
project or core capacity improvement project awarded for the project from all Federal fund- fixed guideway system may include the cost of
and the accuracy of the forecasts prepared during sources, for all project activities, facilities, rolling stock previously purchased if the appli-
ing the development of the project. Preparation and equipment, plus reasonable interest and cant satisfies the Secretary that only amounts
of this plan shall be included in the full funding penalty charges allowable by law or established other than amounts provided by the Government
grant agreement as an eligible activity. by the Secretary in the early systems work were used and that the purchase was made for
‘‘(II) CONTENTS OF PLAN.—The plan submitted agreement. use on the extension. A refund or reduction of
under subclause (I) shall provide for— ‘‘(vi) CREDITING OF FUNDS RECEIVED.—Any
the remainder may be made only if a refund of
‘‘(aa) collection of data on the current public funds received by the Government under this
a proportional amount of the grant of the Gov-
transportation system regarding public trans- paragraph, other than interest and penalty
charges, shall be credited to the appropriation ernment is made at the same time.
portation service levels and ridership patterns, ‘‘(7) LIMITATION ON APPLICABILITY.—This sub-
including origins and destinations, access account from which the funds were originally
section shall not apply to projects for which the
derived.
modes, trip purposes, and rider characteristics; Secretary entered into a full funding grant
‘‘(4) LIMITATION ON AMOUNTS.—
‘‘(bb) documentation of the predicted scope, ‘‘(A) IN GENERAL.—The Secretary may enter agreement before the date of enactment of the
service levels, capital costs, operating costs, and into full funding grant agreements under this Federal Public Transportation Act of 2012.
ridership of the project; subsection for new fixed guideway capital ‘‘(8) SPECIAL RULE FOR FIXED GUIDEWAY BUS
‘‘(cc) collection of data on the public trans- projects and core capacity improvement projects RAPID TRANSIT PROJECTS.—For up to three fixed-
portation system 2 years after the opening of a that contain contingent commitments to incur guideway bus rapid transit projects each fiscal
new fixed guideway capital project or core ca- obligations in such amounts as the Secretary de- year the Secretary shall—
pacity improvement project, including analo- termines are appropriate. ‘‘(A) establish a Government share of at least
gous information on public transportation serv- ‘‘(B) APPROPRIATION REQUIRED.—An obliga- 80 percent; and
ice levels and ridership patterns and information may be made under this subsection only ‘‘(B) not lower the project’s rating for degree
tion on the as-built scope, capital, and financ- when amounts are appropriated for the obliga- of local financial commitment for purposes of
ing costs of the project; and tion. subsections (d)(2)(A)(v) or (h)(3)(C) as a result
‘‘(dd) analysis of the consistency of predicted ‘‘(5) NOTIFICATION TO CONGRESS.—At least 30 of the Government share specified in this para-
project characteristics with actual outcomes. days before issuing a letter of intent, entering graph.
‘‘(F) COLLECTION OF DATA ON CURRENT SYS- into a full funding grant agreement, or entering ‘‘(m) UNDERTAKING PROJECTS IN ADVANCE.—
TEM.—To be eligible for a full funding grant into an early systems work agreement under this ‘‘(1) IN GENERAL.—The Secretary may pay the
agreement under this paragraph, recipients section, the Secretary shall notify, in writing, Government share of the net capital project cost
shall have collected data on the current system, the Committee on Banking, Housing, and Urban to a State or local governmental authority that
according to the plan required under subpara- Affairs and the Committee on Appropriations of carries out any part of a project described in
graph (E)(ii), before the beginning of construc- the Senate and the Committee on Transpor- this section without the aid of amounts of the
tion of the proposed new fixed guideway capital tation and Infrastructure and the Committee on Government and according to all applicable pro-
project or core capacity improvement project. Appropriations of the House of Representatives cedures and requirements if—
Collection of this data shall be included in the of the proposed letter or agreement. The Sec- ‘‘(A) the State or local governmental authority
full funding grant agreement as an eligible ac- retary shall include with the notification a copy applies for the payment;
tivity. of the proposed letter or agreement as well as ‘‘(B) the Secretary approves the payment; and
‘‘(3) EARLY SYSTEMS WORK AGREEMENTS.— the evaluations and ratings for the project. ‘‘(C) before the State or local governmental
‘‘(A) CONDITIONS.—The Secretary may enter ‘‘(l) GOVERNMENT SHARE OF NET CAPITAL authority carries out the part of the project, the
into an early systems work agreement with an PROJECT COST.— Secretary approves the plans and specifications
applicant if a record of decision under the Na- ‘‘(1) IN GENERAL.—Based on engineering stud- for the part in the same way as other projects
tional Environmental Policy Act of 1969 (42 ies, studies of economic feasibility, and informa- under this section.
U.S.C. 4321 et seq.) has been issued on the tion on the expected use of equipment or facili- ‘‘(2) FINANCING COSTS.—
project and the Secretary finds there is reason ties, the Secretary shall estimate the net capital ‘‘(A) IN GENERAL.—The cost of carrying out
to believe— project cost. A grant for a fixed guideway part of a project includes the amount of interest
‘‘(i) a full funding grant agreement for the project or small start project shall not exceed 80 earned and payable on bonds issued by the
project will be made; and percent of the net capital project cost. A grant State or local governmental authority to the ex-
‘‘(ii) the terms of the work agreement will pro- for a core capacity project shall not exceed 80 tent proceeds of the bonds are expended in car-
mote ultimate completion of the project more percent of the net capital project cost of the in- rying out the part.
rapidly and at less cost. cremental cost of increasing the capacity in the ‘‘(B) LIMITATION ON AMOUNT OF INTEREST.—
‘‘(B) CONTENTS.— corridor. The amount of interest under this paragraph
‘‘(i) IN GENERAL.—An early systems work ‘‘(2) ADJUSTMENT FOR COMPLETION UNDER may not be more than the most favorable inter-
agreement under this paragraph obligates budg- BUDGET.—The Secretary may adjust the final est terms reasonably available for the project at
et authority available under this chapter and net capital project cost of a new fixed guideway the time of borrowing.
title 23 and shall provide for reimbursement of capital project or core capacity improvement ‘‘(C) CERTIFICATION.—The applicant shall cer-
preliminary costs of carrying out the project, in- project evaluated under subsection (d), (e), or (i) tify, in a manner satisfactory to the Secretary,
cluding land acquisition, timely procurement of to include the cost of eligible activities not in- that the applicant has shown reasonable dili-
system elements for which specifications are de- cluded in the originally defined project if the gence in seeking the most favorable financing
cided, and other activities the Secretary decides Secretary determines that the originally defined terms.
are appropriate to make efficient, long-term project has been completed at a cost that is sig- ‘‘(n) AVAILABILITY OF AMOUNTS.—
project management easier. nificantly below the original estimate. ‘‘(1) IN GENERAL.—An amount made available
‘‘(ii) CONTINGENT COMMITMENT.—An early ‘‘(3) MAXIMUM GOVERNMENT SHARE.—The Sec- or appropriated for a new fixed guideway cap-
systems work agreement may include a commit- retary may provide a higher grant percentage ital project or core capacity improvement project
ment, contingent on amounts to be specified in than requested by the grant recipient if— shall remain available to that project for 5 fiscal
law in advance for commitments under this ‘‘(A) the Secretary determines that the net years, including the fiscal year in which the
paragraph, to obligate an additional amount capital project cost of the project is not more amount is made available or appropriated. Any
amounts that are unobligated to the project at cial assistance under section 5309 of title 49, ‘‘(2) LIMITATIONS FOR CAPITAL PROJECTS.—
the end of the 5-fiscal-year period may be used United States Code. ‘‘(A) AMOUNT AVAILABLE.—The amount avail-
by the Secretary for any purpose under this sec- (4) GOVERNMENT SHARE.—The Government able for capital projects under paragraph (1)(A)
tion. share of the total cost of an eligible project that shall be not less than 55 percent of the funds ap-
‘‘(2) USE OF DEOBLIGATED AMOUNTS.—An participates in the program may not exceed 50 portioned to the recipient under this section.
amount available under this section that is percent. ‘‘(B) ALLOCATION TO SUBRECIPIENTS.—A re-
deobligated may be used for any purpose under (5) ELIGIBILITY.—A recipient that desires to cipient of a grant under paragraph (1)(A) may
this section. participate in the program shall submit to the allocate the amounts provided under the grant
‘‘(o) REPORTS ON NEW FIXED GUIDEWAY AND Secretary an application that contains, at a to—
CORE CAPACITY IMPROVEMENT PROJECTS.— minimum— ‘‘(i) a private nonprofit organization; or
‘‘(1) ANNUAL REPORT ON FUNDING REC- (A) identification of an eligible project; ‘‘(ii) a State or local governmental authority
OMMENDATIONS.—Not later than the first Mon- (B) a schedule and finance plan for the con- that—
day in February of each year, the Secretary struction and operation of the eligible project; ‘‘(I) is approved by a State to coordinate serv-
shall submit to the Committee on Banking, (C) an analysis of the efficiencies of the pro- ices for seniors and individuals with disabilities;
Housing, and Urban Affairs and the Committee posed project development and delivery methods or
on Appropriations of the Senate and the Com- or innovative financing arrangement for the eli- ‘‘(II) certifies that there are no private non-
mittee on Transportation and Infrastructure gible project; and profit organizations readily available in the
and the Committee on Appropriations of the (D) a certification that the recipient’s existing area to provide the services described in para-
House of Representatives a report that in- public transportation system is in a state of graph (1)(A).
cludes— good repair. ‘‘(3) ADMINISTRATIVE EXPENSES.—A recipient
‘‘(A) a proposal of allocations of amounts to (6) SELECTION CRITERIA.—The Secretary may may use not more than 10 percent of the
be available to finance grants for projects under award a full funding grant agreement under amounts apportioned to the recipient under this
this section among applicants for these this subsection if the Secretary determines section to administer, plan, and provide tech-
amounts; that— nical assistance for a project funded under this
‘‘(B) evaluations and ratings, as required (A) the recipient has completed planning and section.
under subsections (d), (e), and (i), for each such the activities required under the National Envi- ‘‘(4) ELIGIBLE CAPITAL EXPENSES.—The acqui-
project that is in project development, engineer- ronmental Policy Act of 1969 (42 U.S.C. 4321 et sition of public transportation services is an eli-
ing, or has received a full funding grant agree- seq.); and gible capital expense under this section.
ment; and (B) the recipient has the necessary legal, fi- ‘‘(5) COORDINATION.—
‘‘(C) recommendations of such projects for nancial, and technical capacity to carry out the ‘‘(A) DEPARTMENT OF TRANSPORTATION.—To
funding based on the evaluations and ratings eligible project. the maximum extent feasible, the Secretary shall
and on existing commitments and anticipated (7) BEFORE AND AFTER STUDY AND REPORT.— coordinate activities under this section with re-
funding levels for the next 3 fiscal years based (A) STUDY REQUIRED.—A full funding grant lated activities under other Federal departments
on information currently available to the Sec- agreement under this paragraph shall require a and agencies.
retary. recipient to conduct a study that— ‘‘(B) OTHER FEDERAL AGENCIES AND NON-
‘‘(2) REPORTS ON BEFORE AND AFTER STUD- (i) describes and analyzes the impacts of the PROFIT ORGANIZATIONS.—A State or local gov-
IES.—Not later than the first Monday in August eligible project on public transportation services ernmental authority or nonprofit organization
of each year, the Secretary shall submit to the and public transportation ridership; that receives assistance from Government
committees described in paragraph (1) a report (ii) describes and analyzes the consistency of sources (other than the Department of Trans-
containing a summary of the results of any predicted and actual benefits and costs of the portation) for nonemergency transportation
studies conducted under subsection (k)(2)(E). innovative project development and delivery services shall—
‘‘(3) BIENNIAL GAO REVIEW.—The Comptroller methods or innovative financing for the eligible ‘‘(i) participate and coordinate with recipients
General of the United States shall— project; and of assistance under this chapter in the design
‘‘(A) conduct a biennial review of— (iii) identifies reasons for any differences be- and delivery of transportation services; and
‘‘(i) the processes and procedures for evalu- tween predicted and actual outcomes for the eli- ‘‘(ii) participate in the planning for the trans-
ating, rating, and recommending new fixed gible project. portation services described in clause (i).
guideway capital projects and core capacity im- (B) SUBMISSION OF REPORT.—Not later than 9 ‘‘(6) PROGRAM OF PROJECTS.—
provement projects; and months after an eligible project selected to par- ‘‘(A) IN GENERAL.—Amounts made available to
‘‘(ii) the Secretary’s implementation of such ticipate in the program begins revenue oper- carry out this section may be used for transpor-
processes and procedures; and ations, the recipient shall submit to the Sec- tation projects to assist in providing transpor-
‘‘(B) report to Congress on the results of such retary a report on the results of the study under tation services for seniors and individuals with
review by May 31 of each year.’’. subparagraph (A). disabilities, if such transportation projects are
(b) PILOT PROGRAM FOR EXPEDITED PROJECT SEC. 20009. MOBILITY OF SENIORS AND INDIVID-
included in a program of projects.
DELIVERY.— UALS WITH DISABILITIES. ‘‘(B) SUBMISSION.—A recipient shall annually
(1) DEFINITIONS.—In this subsection the fol- submit a program of projects to the Secretary.
lowing definitions shall apply: ‘‘(C) ASSURANCE.—The program of projects
(A) ELIGIBLE PROJECT.—The term ‘‘eligible submitted under subparagraph (B) shall contain
project’’ means a new fixed guideway capital ‘‘§ 5310. Formula grants for the enhanced mo- an assurance that the program provides for the
project or a core capacity improvement project, bility of seniors and individuals with dis- maximum feasible coordination of transpor-
as those terms are defined in section 5309 of title abilities tation services assisted under this section with
49, United States Code, as amended by this sec- ‘‘(a) DEFINITIONS.—In this section, the fol- transportation services assisted by other Gov-
tion, that has not entered into a full funding lowing definitions shall apply: ernment sources.
grant agreement with the Federal Transit Ad- ‘‘(1) RECIPIENT.—The term ‘recipient’ means a ‘‘(7) MEAL DELIVERY FOR HOMEBOUND INDIVID-
ministration before the date of enactment of the designated recipient or a State that receives a UALS.—A public transportation service provider
Federal Public Transportation Act of 2012. grant under this section directly. that receives assistance under this section or
(B) PROGRAM.—The term ‘‘program’’ means ‘‘(2) SUBRECIPIENT.—The term ‘subrecipient’ section 5311(c) may coordinate and assist in reg-
the pilot program for expedited project delivery means a State or local governmental authority, ularly providing meal delivery service for home-
established under this subsection. a private nonprofit organization, or an operator bound individuals, if the delivery service does
(C) RECIPIENT.—The term ‘‘recipient’’ means a of public transportation that receives a grant not conflict with providing public transpor-
recipient of funding under chapter 53 of title 49, under this section indirectly through a recipi- tation service or reduce service to public trans-
United States Code. ent. portation passengers.
(D) SECRETARY.—The term ‘‘Secretary’’ means ‘‘(b) GENERAL AUTHORITY.— ‘‘(c) APPORTIONMENT AND TRANSFERS.—
the Secretary of Transportation. ‘‘(1) GRANTS.—The Secretary may make grants ‘‘(1) FORMULA.—The Secretary shall appor-
(2) ESTABLISHMENT.—The Secretary shall es- under this section to recipients for— tion amounts made available to carry out this
tablish and implement a pilot program to dem- ‘‘(A) public transportation projects planned, section as follows:
onstrate whether innovative project development designed, and carried out to meet the special ‘‘(A) LARGE URBANIZED AREAS.—Sixty percent
and delivery methods or innovative financing needs of seniors and individuals with disabilities of the funds shall be apportioned among des-
arrangements can expedite project delivery for when public transportation is insufficient, inap- ignated recipients for urbanized areas with a
certain meritorious new fixed guideway capital propriate, or unavailable; population of 200,000 or more individuals, as de-
projects and core capacity improvement projects. ‘‘(B) public transportation projects that ex- termined by the Bureau of the Census, in the
(3) LIMITATION ON NUMBER OF PROJECTS.—The ceed the requirements of the Americans with ratio that—
Secretary shall select 3 eligible projects to par- Disabilities Act of 1990 (42 U.S.C. 12101 et seq.); ‘‘(i) the number of seniors and individuals
ticipate in the program, of which— ‘‘(C) public transportation projects that im- with disabilities in each such urbanized area;
(A) at least 1 shall be an eligible project re- prove access to fixed route service and decrease bears to
questing more than $100,000,000 in Federal fi- reliance by individuals with disabilities on com- ‘‘(ii) the number of seniors and individuals
nancial assistance under section 5309 of title 49, plementary paratransit; and with disabilities in all such urbanized areas.
United States Code; and ‘‘(D) alternatives to public transportation that ‘‘(B) SMALL URBANIZED AREAS.—Twenty per-
(B) at least 1 shall be an eligible project re- assist seniors and individuals with disabilities cent of the funds shall be apportioned among
questing less than $100,000,000 in Federal finan- with transportation. the States in the ratio that—
‘‘(i) the number of seniors and individuals ‘‘(e) GRANT REQUIREMENTS.— ‘‘(C) accessibility improvements; and
with disabilities in urbanized areas with a pop- ‘‘(1) IN GENERAL.—A grant under this section ‘‘(D) other measures, as the Secretary deter-
ulation of fewer than 200,000 individuals, as de- shall be subject to the same requirements as a mines is appropriate.’’.
termined by the Bureau of the Census, in each grant under section 5307, to the extent the Sec- SEC. 20010. FORMULA GRANTS FOR RURAL AREAS.
State; bears to retary determines appropriate. Section 5311 of title 49, United States Code, is
‘‘(ii) the number of seniors and individuals ‘‘(2) CERTIFICATION REQUIREMENTS.— amended to read as follows:
with disabilities in urbanized areas with a pop- ‘‘(A) PROJECT SELECTION AND PLAN DEVELOP-
‘‘§ 5311. Formula grants for rural areas
ulation of fewer than 200,000 individuals, as de- MENT.—Before receiving a grant under this sec-
termined by the Bureau of the Census, in all tion, each recipient shall certify that— ‘‘(a) DEFINITIONS.—As used in this section,
States. ‘‘(i) the projects selected by the recipient are the following definitions shall apply:
‘‘(C) RURAL AREAS.—Twenty percent of the included in a locally developed, coordinated ‘‘(1) RECIPIENT.—The term ‘recipient’ means a
funds shall be apportioned among the States in public transit-human services transportation State or Indian tribe that receives a Federal
the ratio that— plan; transit program grant directly from the Govern-
‘‘(i) the number of seniors and individuals ‘‘(ii) the plan described in clause (i) was de- ment.
with disabilities in rural areas in each State; veloped and approved through a process that in- ‘‘(2) SUBRECIPIENT.—The term ‘subrecipient’
bears to cluded participation by seniors, individuals with means a State or local governmental authority,
‘‘(ii) the number of seniors and individuals disabilities, representatives of public, private, a nonprofit organization, or an operator of pub-
with disabilities in rural areas in all States. and nonprofit transportation and human serv- lic transportation or intercity bus service that
‘‘(2) AREAS SERVED BY PROJECTS.— ices providers, and other members of the public; receives Federal transit program grant funds in-
‘‘(A) IN GENERAL.—Except as provided in sub- and directly through a recipient.
paragraph (B)— ‘‘(iii) to the maximum extent feasible, the serv- ‘‘(b) GENERAL AUTHORITY.—
‘‘(i) funds apportioned under paragraph ices funded under this section will be coordi- ‘‘(1) GRANTS AUTHORIZED.—Except as provided
(1)(A) shall be used for projects serving urban- nated with transportation services assisted by by paragraph (2), the Secretary may award
ized areas with a population of 200,000 or more other Federal departments and agencies, includ- grants under this section to recipients located in
individuals, as determined by the Bureau of the ing any transportation activities carried out by rural areas for—
Census; a recipient of a grant from the Department of ‘‘(A) planning, provided that a grant under
‘‘(ii) funds apportioned under paragraph Health and Human Services. this section for planning activities shall be in
(1)(B) shall be used for projects serving urban- ‘‘(B) ALLOCATIONS TO SUBRECIPIENTS.—If a re- addition to funding awarded to a State under
ized areas with a population of fewer than cipient allocates funds received under this sec- section 5305 for planning activities that are di-
200,000 individuals, as determined by the Bu- tion to subrecipients, the recipient shall certify rected specifically at the needs of rural areas in
reau of the Census; and that the funds are allocated on a fair and equi- the State;
‘‘(iii) funds apportioned under paragraph table basis. ‘‘(B) public transportation capital projects;
(1)(C) shall be used for projects serving rural ‘‘(f) COMPETITIVE PROCESS FOR GRANTS TO ‘‘(C) operating costs of equipment and facili-
areas. SUBRECIPIENTS.— ties for use in public transportation;
‘‘(B) EXCEPTIONS.—A State may use funds ap- ‘‘(1) AREAWIDE SOLICITATIONS.—A recipient of ‘‘(D) job access and reverse commute projects;
portioned to the State under subparagraph (B) funds apportioned under subsection (c)(1)(A) and
or (C) of paragraph (1)— may conduct, in cooperation with the appro- ‘‘(E) the acquisition of public transportation
‘‘(i) for a project serving an area other than services, including service agreements with pri-
priate metropolitan planning organization, an
an area specified in subparagraph (A)(ii) or vate providers of public transportation service.
areawide solicitation for applications for grants
(A)(iii), as the case may be, if the Governor of ‘‘(2) STATE PROGRAM.—
under this section.
the State certifies that all of the objectives of ‘‘(A) IN GENERAL.—A project eligible for a
‘‘(2) STATEWIDE SOLICITATIONS.—A recipient
this section are being met in the area specified of funds apportioned under subparagraph (B) or grant under this section shall be included in a
in subparagraph (A)(ii) or (A)(iii); or (C) of subsection (c)(1) may conduct a statewide State program for public transportation service
‘‘(ii) for a project anywhere in the State, if projects, including agreements with private pro-
solicitation for applications for grants under
the State has established a statewide program viders of public transportation service.
this section.
for meeting the objectives of this section. ‘‘(B) SUBMISSION TO SECRETARY.—Each State
‘‘(3) APPLICATION.—If the recipient elects to
‘‘(C) LIMITED TO ELIGIBLE PROJECTS.—Any shall submit to the Secretary annually the pro-
engage in a competitive process, a recipient or
funds transferred pursuant to subparagraph (B)
subrecipient seeking to receive a grant from gram described in subparagraph (A).
shall be made available only for eligible projects ‘‘(C) APPROVAL.—The Secretary may not ap-
funds apportioned under subsection (c) shall
selected under this section. prove the program unless the Secretary deter-
‘‘(D) CONSULTATION.—A recipient may trans- submit to the recipient making the election an
application in such form and in accordance mines that—
fer an amount under subparagraph (B) only
with such requirements as the recipient making ‘‘(i) the program provides a fair distribution of
after consulting with responsible local officials,
the election shall establish. amounts in the State, including Indian reserva-
publicly owned operators of public transpor-
‘‘(g) TRANSFERS OF FACILITIES AND EQUIP- tions; and
tation, and nonprofit providers in the area for
MENT.—A recipient may transfer a facility or ‘‘(ii) the program provides the maximum fea-
which the amount was originally apportioned.
equipment acquired using a grant under this sible coordination of public transportation serv-
‘‘(d) GOVERNMENT SHARE OF COSTS.—
‘‘(1) CAPITAL PROJECTS.—A grant for a capital section to any other recipient eligible to receive ice assisted under this section with transpor-
project under this section shall be in an amount assistance under this chapter, if— tation service assisted by other Federal sources.
equal to 80 percent of the net capital costs of the ‘‘(1) the recipient in possession of the facility ‘‘(3) RURAL TRANSPORTATION ASSISTANCE PRO-
or equipment consents to the transfer; and GRAM.—
project, as determined by the Secretary.
‘‘(2) OPERATING ASSISTANCE.—A grant made ‘‘(2) the facility or equipment will continue to ‘‘(A) IN GENERAL.—The Secretary shall carry
under this section for operating assistance may be used as required under this section. out a rural transportation assistance program in
not exceed an amount equal to 50 percent of the ‘‘(h) PERFORMANCE MEASURES.— rural areas.
net operating costs of the project, as determined ‘‘(1) IN GENERAL.—Not later than 1 year after ‘‘(B) GRANTS AND CONTRACTS.—In carrying
by the Secretary. the date of enactment of the Federal Public out this paragraph, the Secretary may use not
‘‘(3) REMAINDER OF NET COSTS.—The remain- Transportation Act of 2012, the Secretary shall more than 2 percent of the amount made avail-
der of the net costs of a project carried out submit a report to the Committee on Banking, able under section 5338(a)(2)(E) to make grants
under this section— Housing, and Urban Affairs of the Senate and and contracts for transportation research, tech-
‘‘(A) may be provided from an undistributed the Committee on Transportation and Infra- nical assistance, training, and related support
cash surplus, a replacement or depreciation cash structure of the House of Representatives mak- services in rural areas.
fund or reserve, a service agreement with a ing recommendations on the establishment of ‘‘(C) PROJECTS OF A NATIONAL SCOPE.—Not
State or local social service agency or a private performance measures for grants under this sec- more than 15 percent of the amounts available
social service organization, or new capital; and tion. Such report shall be developed in consulta- under subparagraph (B) may be used by the
‘‘(B) may be derived from amounts appro- tion with national nonprofit organizations that Secretary to carry out competitively selected
priated or otherwise made available— provide technical assistance and advocacy on projects of a national scope, with the remaining
‘‘(i) to a department or agency of the Govern- issues related to transportation services for sen- balance provided to the States.
ment (other than the Department of Transpor- iors and individuals with disabilities. ‘‘(4) DATA COLLECTION.—Each recipient under
tation) that are eligible to be expended for ‘‘(2) MEASURES.—The performance measures this section shall submit an annual report to the
transportation; or to be considered in the report under paragraph Secretary containing information on capital in-
‘‘(ii) to carry out the Federal lands highways (1) shall require the collection of quantitative vestment, operations, and service provided with
program under section 204 of title 23. and qualitative information, as available, con- funds received under this section, including—
‘‘(4) USE OF CERTAIN FUNDS.—For purposes of cerning— ‘‘(A) total annual revenue;
paragraph (3)(B)(i), the prohibition under sec- ‘‘(A) modifications to the geographic coverage ‘‘(B) sources of revenue;
tion 403(a)(5)(C)(vii) of the Social Security Act of transportation service, the quality of trans- ‘‘(C) total annual operating costs;
(42 U.S.C. 603(a)(5)(C)(vii)) on the use of grant portation service, or service times that increase ‘‘(D) total annual capital costs;
funds for matching requirements shall not apply the availability of transportation services for ‘‘(E) fleet size and type, and related facilities;
to Federal or State funds to be used for trans- seniors and individuals with disabilities; ‘‘(F) vehicle revenue miles; and
portation purposes. ‘‘(B) ridership; ‘‘(G) ridership.
‘‘(c) APPORTIONMENTS.— area in rural areas in that State and divided by share of the net operating costs equal to 62.5
‘‘(1) PUBLIC TRANSPORTATION ON INDIAN RES- the land area in all rural areas in the United percent of the Government share provided for
ERVATIONS.—Of the amounts made available or States, as shown by the most recent decennial under paragraph (1)(B).
appropriated for each fiscal year pursuant to census of population. ‘‘(3) REMAINDER.—The remainder of net
section 5338(a)(2)(E) to carry out this para- ‘‘(iii) VEHICLE REVENUE MILES.—Subject to project costs—
graph, the following amounts shall be appor- clause (v), each State shall receive an amount ‘‘(A) may be provided from an undistributed
tioned each fiscal year for grants to Indian that is equal to 29.68 percent of the amount ap- cash surplus, a replacement or depreciation cash
tribes for any purpose eligible under this sec- portioned under clause (i), multiplied by the fund or reserve, a service agreement with a
tion, under such terms and conditions as may be ratio of vehicle revenue miles in rural areas in State or local social service agency or a private
established by the Secretary: that State and divided by the vehicle revenue social service organization, or new capital;
‘‘(A) $5,000,000 shall be distributed on a com- miles in all rural areas in the United States, as ‘‘(B) may be derived from amounts appro-
petitive basis by the Secretary. determined by national transit database report- priated or otherwise made available to a depart-
‘‘(B) $25,000,000 shall be apportioned as for- ing. ment or agency of the Government (other than
mula grants, as provided in subsection (j). ‘‘(iv) LOW-INCOME INDIVIDUALS.—Each State the Department of Transportation) that are eli-
‘‘(2) APPALACHIAN DEVELOPMENT PUBLIC shall receive an amount that is equal to 40.64 gible to be expended for transportation;
TRANSPORTATION ASSISTANCE PROGRAM.— percent of the amount apportioned under clause ‘‘(C) notwithstanding subparagraph (B), may
‘‘(A) DEFINITIONS.—In this paragraph— (i), multiplied by the ratio of low-income indi- be derived from amounts made available to carry
‘‘(i) the term ‘Appalachian region’ has the viduals in rural areas in that State and divided out the Federal lands highway program estab-
same meaning as in section 14102 of title 40; and by the number of low-income individuals in all lished by section 204 of title 23; and
‘‘(ii) the term ‘eligible recipient’ means a State rural areas in the United States, as shown by ‘‘(D) in the case of an intercity bus project
that participates in a program established under the Bureau of the Census. that includes both feeder service and an unsub-
subtitle IV of title 40. ‘‘(v) MAXIMUM APPORTIONMENT.—No State sidized segment of intercity bus service to which
‘‘(B) IN GENERAL.—The Secretary shall carry shall receive— the feeder service connects, may be derived from
out a public transportation assistance program ‘‘(I) more than 5 percent of the amount appor- the costs of a private operator for the unsub-
in the Appalachian region. tioned under clause (ii); or sidized segment of intercity bus service as an in-
‘‘(C) APPORTIONMENT.—Of amounts made ‘‘(II) more than 5 percent of the amount ap- kind match for the operating costs of connecting
available or appropriated for each fiscal year portioned under clause (iii). rural intercity bus feeder service funded under
under section 5338(a)(2)(E) to carry out this ‘‘(d) USE FOR LOCAL TRANSPORTATION SERV- subsection (f), if the private operator agrees in
paragraph, the Secretary shall apportion funds ICE.—A State may use an amount apportioned writing to the use of the costs of the private op-
to eligible recipients for any purpose eligible under this section for a project included in a erator for the unsubsidized segment of intercity
under this section, based on the guidelines es- program under subsection (b) of this section and bus service as an in-kind match.
tablished under section 9.5(b) of the Appa- eligible for assistance under this chapter if the ‘‘(4) USE OF CERTAIN FUNDS.—For purposes of
lachian Regional Commission Code. project will provide local transportation service, paragraph (3)(B), the prohibitions on the use of
‘‘(D) SPECIAL RULE.—An eligible recipient may as defined by the Secretary of Transportation, funds for matching requirements under section
use amounts that cannot be used for operating in a rural area. 403(a)(5)(C)(vii) of the Social Security Act (42
expenses under this paragraph for a highway ‘‘(e) USE FOR ADMINISTRATION, PLANNING, AND U.S.C. 603(a)(5)(C)(vii)) shall not apply to Fed-
project if— TECHNICAL ASSISTANCE.—The Secretary may eral or State funds to be used for transportation
‘‘(i) that use is approved, in writing, by the el- allow a State to use not more than 10 percent of purposes.
igible recipient after appropriate notice and an the amount apportioned under this section to ‘‘(5) LIMITATION ON OPERATING ASSISTANCE.—
opportunity for comment and appeal are pro- administer this section and provide technical as- A State carrying out a program of operating as-
vided to affected public transportation pro- sistance to a subrecipient, including project sistance under this section may not limit the
viders; and planning, program and management develop- level or extent of use of the Government grant
‘‘(ii) the eligible recipient, in approving the ment, coordination of public transportation pro- for the payment of operating expenses.
use of amounts under this subparagraph, deter- grams, and research the State considers appro- ‘‘(h) TRANSFER OF FACILITIES AND EQUIP-
mines that the local transit needs are being ad- priate to promote effective delivery of public MENT.—With the consent of the recipient cur-
dressed. transportation to a rural area. rently having a facility or equipment acquired
‘‘(3) REMAINING AMOUNTS.— ‘‘(f) INTERCITY BUS TRANSPORTATION.— with assistance under this section, a State may
‘‘(A) IN GENERAL.—The amounts made avail- ‘‘(1) IN GENERAL.—A State shall expend at transfer the facility or equipment to any recipi-
able or appropriated for each fiscal year pursu- least 15 percent of the amount made available in ent eligible to receive assistance under this
ant to section 5338(a)(2)(E) that are not appor- each fiscal year to carry out a program to de- chapter if the facility or equipment will con-
tioned under paragraph (1) or (2) shall be ap- velop and support intercity bus transportation. tinue to be used as required under this section.
portioned in accordance with this paragraph. Eligible activities under the program include— ‘‘(i) RELATIONSHIP TO OTHER LAWS.—
‘‘(B) APPORTIONMENT BASED ON LAND AREA ‘‘(A) planning and marketing for intercity bus ‘‘(1) IN GENERAL.—Section 5333(b) applies to
AND POPULATION IN NONURBANIZED AREAS.— transportation; this section if the Secretary of Labor utilizes a
‘‘(i) IN GENERAL.—83.15 percent of the amount ‘‘(B) capital grants for intercity bus facilities; special warranty that provides a fair and equi-
described in subparagraph (A) shall be appor- ‘‘(C) joint-use facilities;
‘‘(D) operating grants through purchase-of- table arrangement to protect the interests of em-
tioned to the States in accordance with this sub- ployees.
service agreements, user-side subsidies, and
paragraph. ‘‘(2) RULE OF CONSTRUCTION.—This subsection
demonstration projects; and
‘‘(ii) LAND AREA.— does not affect or discharge a responsibility of
‘‘(E) coordinating rural connections between
‘‘(I) IN GENERAL.—Subject to subclause (II), the Secretary of Transportation under a law of
small public transportation operations and
each State shall receive an amount that is equal the United States.
intercity bus carriers.
to 20 percent of the amount apportioned under ‘‘(2) CERTIFICATION.—A State does not have to ‘‘(j) FORMULA GRANTS FOR PUBLIC TRANSPOR-
clause (i), multiplied by the ratio of the land comply with paragraph (1) of this subsection in TATION ON INDIAN RESERVATIONS.—
area in rural areas in that State and divided by a fiscal year in which the Governor of the State ‘‘(1) APPORTIONMENT.—
the land area in all rural areas in the United certifies to the Secretary, after consultation ‘‘(A) IN GENERAL.—Of the amounts described
States, as shown by the most recent decennial with affected intercity bus service providers, in subsection (c)(1)(B)—
census of population. ‘‘(i) 50 percent of the total amount shall be
that the intercity bus service needs of the State
‘‘(II) MAXIMUM APPORTIONMENT.—No State apportioned so that each Indian tribe providing
are being met adequately.
shall receive more than 5 percent of the amount ‘‘(g) GOVERNMENT SHARE OF COSTS.— public transportation service shall receive an
apportioned under subclause (I). ‘‘(1) CAPITAL PROJECTS.— amount equal to the total amount apportioned
‘‘(iii) POPULATION.—Each State shall receive ‘‘(A) IN GENERAL.—Except as provided by sub- under this clause multiplied by the ratio of the
an amount equal to 80 percent of the amount paragraph (B), a grant awarded under this sec- number of vehicle revenue miles provided by an
apportioned under clause (i), multiplied by the tion for a capital project or project administra- Indian tribe divided by the total number of vehi-
ratio of the population of rural areas in that tive expenses shall be for 80 percent of the net cle revenue miles provided by all Indian tribes,
State and divided by the population of all rural costs of the project, as determined by the Sec- as reported to the Secretary;
areas in the United States, as shown by the retary. ‘‘(ii) 25 percent of the total amount shall be
most recent decennial census of population. ‘‘(B) EXCEPTION.—A State described in section apportioned equally among each Indian tribe
‘‘(C) APPORTIONMENT BASED ON LAND AREA, 120(b) of title 23 shall receive a Government providing at least 200,000 vehicle revenue miles
VEHICLE REVENUE MILES, AND LOW-INCOME INDI- share of the net costs in accordance with the of public transportation service annually, as re-
VIDUALS IN NONURBANIZED AREAS.— formula under that section. ported to the Secretary; and
‘‘(i) IN GENERAL.—16.85 percent of the amount ‘‘(2) OPERATING ASSISTANCE.— ‘‘(iii) 25 percent of the total amount shall be
described in subparagraph (A) shall be appor- ‘‘(A) IN GENERAL.—Except as provided by sub- apportioned among each Indian tribe providing
tioned to the States in accordance with this subparagraph (B), a grant made under this section public transportation on tribal lands (as defined
paragraph. for operating assistance may not exceed 50 per- by the Bureau of the Census) on which more
‘‘(ii) LAND AREA.—Subject to clause (v), each cent of the net operating costs of the project, as than 1,000 low-income individuals reside (as de-
State shall receive an amount that is equal to determined by the Secretary. termined by the Bureau of the Census) so that
29.68 percent of the amount apportioned under ‘‘(B) EXCEPTION.—A State described in section each Indian tribe shall receive an amount equal
clause (i), multiplied by the ratio of the land 120(b) of title 23 shall receive a Government to the total amount apportioned under this
clause multiplied by the ratio of the number of project that has as its ultimate goal the develop- ‘‘(A) the deployment of research and tech-
low-income individuals residing on an Indian ment and deployment of new and innovative nology development resulting from private ef-
tribe’s lands divided by the total number of low- ideas, practices, and approaches. forts or Federally funded efforts; and
income individuals on tribal lands on which ‘‘(2) PROJECT ELIGIBILITY.—A public transpor- ‘‘(B) the implementation of research and tech-
more than 1,000 low-income individuals reside. tation research project that receives assistance nology development to advance the interests of
‘‘(B) LIMITATION.—No recipient shall receive under paragraph (1) shall focus on— public transportation.
more than $300,000 of the amounts apportioned ‘‘(A) providing more effective and efficient ‘‘(4) EVALUATION.—Not later than 2 years
under subparagraph (A)(iii) in a fiscal year. public transportation service, including services after the date on which a project receives assist-
‘‘(C) REMAINING AMOUNTS.—Of the amounts to— ance under paragraph (1), the Secretary shall
made available under subparagraph (A)(iii), ‘‘(i) seniors; conduct a comprehensive evaluation of the suc-
any amounts not apportioned under that sub- ‘‘(ii) individuals with disabilities; and cess or failure of the projects funded under this
paragraph shall be allocated among Indian ‘‘(iii) low-income individuals; subsection and any plan for broad-based imple-
tribes receiving less than $300,000 in a fiscal ‘‘(B) mobility management and improvements mentation of the innovation promoted by suc-
year according to the formula specified in that and travel management systems; cessful projects.
clause. ‘‘(C) data and communication system ad- ‘‘(5) LOW OR NO EMISSION VEHICLE DEPLOY-
‘‘(D) LOW-INCOME INDIVIDUALS.—For purposes vancements; MENT.—
of subparagraph (A)(iii), the term ‘low-income ‘‘(D) system capacity, including— ‘‘(A) DEFINITIONS.—In this paragraph, the
individual’ means an individual whose family ‘‘(i) train control; following definitions shall apply:
income is at or below 100 percent of the poverty ‘‘(ii) capacity improvements; and ‘‘(i) ELIGIBLE AREA.—The term ‘eligible area’
line, as that term is defined in section 673(2) of ‘‘(iii) performance management; means an area that is—
the Community Services Block Grant Act (42 ‘‘(E) capital and operating efficiencies; ‘‘(I) designated as a nonattainment area for
U.S.C. 9902(2)), including any revision required ‘‘(F) planning and forecasting modeling and ozone or carbon monoxide under section 107(d)
by that section, for a family of the size involved. simulation; of the Clean Air Act (42 U.S.C. 7407(d)); or
‘‘(2) NON-TRIBAL SERVICE PROVIDERS.—A re- ‘‘(G) advanced vehicle design; ‘‘(II) a maintenance area, as defined in sec-
cipient that is an Indian tribe may use funds ‘‘(H) advancements in vehicle technology;
tion 5303, for ozone or carbon monoxide.
apportioned under this subsection to finance ‘‘(I) asset maintenance and repair systems ad-
‘‘(ii) ELIGIBLE PROJECT.—The term ‘eligible
public transportation services provided by a vancement;
project’ means a project or program of projects
non-tribal provider of public transportation that ‘‘(J) construction and project management;
in an eligible area for—
connects residents of tribal lands with sur- ‘‘(K) alternative fuels;
‘‘(L) the environment and energy efficiency; ‘‘(I) acquiring or leasing low or no emission
rounding communities, improves access to em- vehicles;
‘‘(M) safety improvements; or
ployment or healthcare, or otherwise addresses ‘‘(II) constructing or leasing facilities and re-
‘‘(N) any other area that the Secretary deter-
the mobility needs of tribal members.’’. lated equipment for low or no emission vehicles;
mines is important to advance the interests of
SEC. 20011. RESEARCH, DEVELOPMENT, DEM- ‘‘(III) constructing new public transportation
public transportation.
ONSTRATION, AND DEPLOYMENT facilities to accommodate low or no emission ve-
PROJECTS. ‘‘(c) INNOVATION AND DEVELOPMENT.—
‘‘(1) IN GENERAL.—The Secretary may make a hicles; or
Section 5312 of title 49, United States Code, is ‘‘(IV) rehabilitating or improving existing
grant to or enter into a contract, cooperative
amended to read as follows: public transportation facilities to accommodate
agreement, or other agreement under this sec-
‘‘§ 5312. Research, development, demonstration with an entity described in subsection (a)(2) low or no emission vehicles.
tion, and deployment projects to carry out a public transportation innovation ‘‘(iii) DIRECT CARBON EMISSIONS.—The term
‘‘(a) RESEARCH, DEVELOPMENT, DEMONSTRA- and development project that seeks to improve ‘direct carbon emissions’ means the quantity of
TION, AND DEPLOYMENT PROJECTS.— public transportation systems nationwide in direct greenhouse gas emissions from a vehicle,
‘‘(1) IN GENERAL.—The Secretary may make order to provide more efficient and effective de- as determined by the Administrator of the Envi-
grants and enter into contracts, cooperative livery of public transportation services, includ- ronmental Protection Agency.
agreements, and other agreements for research, ing through technology and technological ca- ‘‘(iv) LOW OR NO EMISSION BUS.—The term
development, demonstration, and deployment pacity improvements. ‘low or no emission bus’ means a bus that is a
projects, and evaluation of research and tech- ‘‘(2) PROJECT ELIGIBILITY.—A public transpor- low or no emission vehicle.
nology of national significance to public trans- tation innovation and development project that ‘‘(v) LOW OR NO EMISSION VEHICLE.—The term
portation, that the Secretary determines will im- receives assistance under paragraph (1) shall ‘low or no emission vehicle’ means—
prove public transportation. focus on— ‘‘(I) a passenger vehicle used to provide public
‘‘(2) AGREEMENTS.—In order to carry out ‘‘(A) the development of public transportation transportation that the Administrator of the En-
paragraph (1), the Secretary may make grants research projects that received assistance under vironmental Protection Agency has certified suf-
to and enter into contracts, cooperative agree- subsection (b) that the Secretary determines ficiently reduces energy consumption or reduces
ments, and other agreements with— were successful; harmful emissions, including direct carbon emis-
‘‘(A) departments, agencies, and instrumental- ‘‘(B) planning and forecasting modeling and sions, when compared to a comparable standard
ities of the Government, including Federal lab- simulation; vehicle; or
oratories; ‘‘(C) capital and operating efficiencies; ‘‘(II) a zero emission bus used to provide pub-
‘‘(B) State and local governmental entities; ‘‘(D) advanced vehicle design; lic transportation.
‘‘(C) providers of public transportation; ‘‘(E) advancements in vehicle technology; ‘‘(vi) RECIPIENT.—The term ‘recipient’
‘‘(D) private or non-profit organizations; ‘‘(F) the environment and energy efficiency; means—
‘‘(E) institutions of higher education; and ‘‘(G) system capacity, including train control ‘‘(I) for an eligible area that is an urbanized
‘‘(F) technical and community colleges. and capacity improvements; or area with a population of fewer than 200,000 in-
‘‘(3) APPLICATION.— ‘‘(H) any other area that the Secretary deter- dividuals, as determined by the Bureau of the
‘‘(A) IN GENERAL.—To receive a grant, con- mines is important to advance the interests of Census, the State in which the eligible area is
tract, cooperative agreement, or other agreement public transportation. located; and
under this section, an entity described in para- ‘‘(d) DEMONSTRATION, DEPLOYMENT, AND ‘‘(II) for an eligible area not described in sub-
graph (2) shall submit an application to the Sec- EVALUATION.— paragraph (A), the designated recipient for the
retary. ‘‘(1) IN GENERAL.—The Secretary may, under eligible area.
‘‘(B) FORM AND CONTENTS.—An application terms and conditions that the Secretary pre- ‘‘(vii) ZERO EMISSION BUS.—The term ‘zero
under subparagraph (A) shall be in such form scribes, make a grant to or enter into a contract, emission bus’ means a low or no emission bus
and contain such information as the Secretary cooperative agreement, or other agreement with that produces no carbon or particulate matter.
may require, including— an entity described in paragraph (2) to promote ‘‘(B) AUTHORITY.—The Secretary may make
‘‘(i) a statement of purpose detailing the need the early deployment and demonstration of in- grants to recipients to finance eligible projects
being addressed; novation in public transportation that has under this paragraph.
‘‘(ii) the short- and long-term goals of the broad applicability. ‘‘(C) GRANT REQUIREMENTS.—
project, including opportunities for future inno- ‘‘(2) PARTICIPANTS.—An entity described in ‘‘(i) IN GENERAL.—A grant under this para-
vation and development, the potential for de- this paragraph is— graph shall be subject to the requirements of
ployment, and benefits to riders and public ‘‘(A) an entity described in subsection (a)(2); section 5307.
transportation; and or ‘‘(ii) GOVERNMENT SHARE OF COSTS FOR CER-
‘‘(iii) the short- and long-term funding re- ‘‘(B) a consortium of entities described in sub- TAIN PROJECTS.—Section 5323(j) applies to
quirements to complete the project and any fu- section (a)(2), including a provider of public projects carried out under this paragraph, un-
ture objectives of the project. transportation, that will share the costs, risks, less the grant recipient requests a lower grant
‘‘(b) RESEARCH.— and rewards of early deployment and dem- percentage.
‘‘(1) IN GENERAL.—The Secretary may make a onstration of innovation. ‘‘(iii) COMBINATION OF FUNDING SOURCES.—
grant to or enter into a contract, cooperative ‘‘(3) PROJECT ELIGIBILITY.—A project that re- ‘‘(I) COMBINATION PERMITTED.—A project car-
agreement, or other agreement under this sec- ceives assistance under paragraph (1) shall seek ried out under this paragraph may receive fund-
tion with an entity described in subsection (a)(2) to build on successful research, innovation, and ing under section 5307, or any other provision of
to carry out a public transportation research development efforts to facilitate— law.
‘‘(II) GOVERNMENT SHARE.—Nothing in this activities that the Secretary determines will as- SEC. 20013. PRIVATE SECTOR PARTICIPATION.
clause may be construed to alter the Govern- sist recipients of assistance under this chapter (a) IN GENERAL.—Section 5315 of title 49,
ment share required under this section, section to— United States Code, is amended to read as fol-
5307, or any other provision of law. ‘‘(A) more effectively and efficiently provide lows:
‘‘(D) MINIMUM AMOUNTS.—Of amounts made public transportation service; ‘‘§ 5315. Private sector participation
available by or appropriated under section ‘‘(B) administer funds received under this ‘‘(a) GENERAL PURPOSES.—In the interest of
5338(b) in each fiscal year to carry out this chapter in compliance with Federal law; and fulfilling the general purposes of this chapter
paragraph— ‘‘(C) improve public transportation. under section 5301(b), the Secretary shall—
‘‘(i) not less than 65 percent shall be made ‘‘(2) ELIGIBLE ACTIVITIES.—The activities car- ‘‘(1) better coordinate public and private sec-
available to fund eligible projects relating to low ried out under paragraph (1) may include— tor-provided public transportation services;
or no emission buses; and ‘‘(A) technical assistance; and ‘‘(2) promote more effective utilization of pri-
‘‘(ii) not less than 10 percent shall be made ‘‘(B) the development of voluntary and con- vate sector expertise, financing, and operational
available for eligible projects relating to facili- sensus-based standards and best practices by capacity to deliver costly and complex new fixed
ties and related equipment for low or no emis- the public transportation industry, including guideway capital projects; and
sion buses. standards and best practices for safety, fare col- ‘‘(3) promote transparency and public under-
‘‘(E) COMPETITIVE PROCESS.—The Secretary lection, Intelligent Transportation Systems, ac- standing of public-private partnerships affect-
shall solicit grant applications and make grants cessibility, procurement, security, asset manage- ing public transportation.
for eligible projects on a competitive basis. ment to maintain a state of good repair, oper- ‘‘(b) ACTIONS TO PROMOTE BETTER COORDINA-
‘‘(F) PRIORITY CONSIDERATION.—In making ations, maintenance, vehicle propulsion, com- TION BETWEEN PUBLIC AND PRIVATE SECTOR
grants under this paragraph, the Secretary shall munications, and vehicle electronics. PROVIDERS OF PUBLIC TRANSPORTATION.—The
give priority to projects relating to low or no ‘‘(b) TECHNICAL ASSISTANCE.—The Secretary, Secretary shall—
emission buses that make greater reductions in through a competitive bid process, may enter ‘‘(1) provide technical assistance to recipients
energy consumption and harmful emissions, in- into contracts, cooperative agreements, and of Federal transit grant assistance, at the re-
cluding direct carbon emissions, than com- other agreements with national nonprofit orga- quest of a recipient, on practices and methods to
parable standard buses or other low or no emis- nizations that have the appropriate dem- best utilize private providers of public transpor-
sion buses. onstrated capacity to provide public transportation; and
‘‘(G) AVAILABILITY OF FUNDS.—Any amounts tation-related technical assistance under this ‘‘(2) educate recipients of Federal transit
made available or appropriated to carry out this section. The Secretary may enter into such con- grant assistance on laws and regulations under
paragraph— tracts, cooperative agreements, and other agree- this chapter that impact private providers of
‘‘(i) shall remain available to an eligible ments to assist providers of public transpor- public transportation.
project for 2 years after the fiscal year for which ‘‘(c) ACTIONS TO PROVIDE TECHNICAL ASSIST-
tation to—
the amount is made available or appropriated; ANCE FOR ALTERNATIVE PROJECT DELIVERY
‘‘(1) comply with the Americans with Disabil-
and METHODS.—Upon request by a sponsor of a new
ities Act of 1990 (42 U.S.C. 12101 et seq.) through
‘‘(ii) that remain unobligated at the end of the fixed guideway capital project, the Secretary
technical assistance, demonstration programs,
period described in clause (i) shall be added to shall—
research, public education, and other activities ‘‘(1) identify best practices for public-private
the amount made available to an eligible project related to complying with such Act;
in the following fiscal year. partnerships models in the United States and in
‘‘(2) comply with human services transpor- other countries;
‘‘(e) ANNUAL REPORT ON RESEARCH.—Not later tation coordination requirements and to en-
than the first Monday in February of each year, ‘‘(2) develop standard public-private partner-
hance the coordination of Federal resources for ship transaction model contracts; and
the Secretary shall submit to the Committee on human services transportation with those of the
Banking, Housing, and Urban Affairs and the ‘‘(3) perform financial assessments that in-
Department of Transportation through tech- clude the calculation of public and private bene-
Committee on Appropriations of the Senate and nical assistance, training, and support services
the Committee on Transportation and Infra- fits of a proposed public-private partnership
related to complying with such requirements; transaction.’’.
structure, the Committee on Science, Space, and ‘‘(3) meet the transportation needs of elderly (b) PUBLIC-PRIVATE PARTNERSHIP PROCEDURES
Technology, and the Committee on Appropria- individuals; AND APPROACHES.—
tions of the House of Representatives a report ‘‘(4) increase transit ridership in coordination (1) IDENTIFY IMPEDIMENTS.—The Secretary
that includes— with metropolitan planning organizations and shall—
‘‘(1) a description of each project that received other entities through development around pub- (A) except as provided in paragraph (6), iden-
assistance under this section during the pre- lic transportation stations through technical as- tify any provisions of chapter 53 of title 49,
ceding fiscal year; sistance and the development of tools, guidance, United States Code, and any regulations or
‘‘(2) an evaluation of each project described in and analysis related to market-based develop- practices thereunder, that impede greater use of
paragraph (1), including any evaluation con- ment around transit stations; public-private partnerships and private invest-
ducted under subsection (d)(4) for the preceding ‘‘(5) address transportation equity with regard ment in public transportation capital projects;
fiscal year; and to the effect that transportation planning, in- and
‘‘(3) a proposal for allocations of amounts for vestment and operations have for low-income (B) develop and implement on a project basis
assistance under this section for the subsequent and minority individuals; and procedures and approaches that—
fiscal year. ‘‘(6) any other technical assistance activity (i) address such impediments in a manner
‘‘(f) GOVERNMENT SHARE OF COSTS.— similar to the Special Experimental Project
that the Secretary determines is necessary to ad-
‘‘(1) IN GENERAL.—The Government share of Number 15 of the Federal Highway Administra-
vance the interests of public transportation.
the cost of a project carried out under this section (commonly referred to as ‘‘SEP-15’’); and
‘‘(c) ANNUAL REPORT ON TECHNICAL ASSIST-
tion shall not exceed 80 percent. (ii) protect the public interest and any public
ANCE.—Not later than the first Monday in Feb-
‘‘(2) NON-GOVERNMENT SHARE.—The non-Gov- investment in public transportation capital
ruary of each year, the Secretary shall submit to
ernment share of the cost of a project carried projects that involve public-private partnerships
the Committee on Banking, Housing, and Urban
out under this section may be derived from in- or private investment in public transportation
Affairs and the Committee on Appropriations of
kind contributions. capital projects.
the Senate and the Committee on Transpor-
‘‘(3) FINANCIAL BENEFIT.—If the Secretary de- (2) TRANSPARENCY.—The Secretary shall de-
tation and Infrastructure, the Committee on
termines that there would be a clear and direct velop guidance to promote greater transparency
Science, Space, and Technology, and the Com-
financial benefit to an entity under a grant, and public access to public-private partnership
mittee on Appropriations of the House of Rep-
contract, cooperative agreement, or other agree- agreements involving recipients of Federal as-
resentatives a report that includes—
ment under this section, the Secretary shall es- sistance under chapter 53 of title 49, United
‘‘(1) a description of each project that received
tablish a Government share of the costs of the States Code, including—
assistance under this section during the pre-
project to be carried out under the grant, con- (A) any conflict of interest involving any
ceding fiscal year;
tract, cooperative agreement, or other agreement party involved in the public-private partnership;
‘‘(2) an evaluation of the activities carried out (B) tax and financing aspects related to a
that is consistent with the benefit.’’.
by each organization that received assistance public-private partnership agreement;
SEC. 20012. TECHNICAL ASSISTANCE AND STAND-
under this section during the preceding fiscal (C) changes in the workforce and wages, ben-
ARDS DEVELOPMENT.
year; and efits, or rules as a result of a public-private
‘‘(3) a proposal for allocations of amounts for partnership;

amended to read as follows: assistance under this section for the subsequent (D) estimates of the revenue or savings the
‘‘§ 5314. Technical assistance and standards fiscal year. public-private partnership will produce for the
development ‘‘(d) GOVERNMENT SHARE OF COSTS.— private entity and public entity;
‘‘(a) TECHNICAL ASSISTANCE AND STANDARDS ‘‘(1) IN GENERAL.—The Government share of (E) any impacts on other developments and
DEVELOPMENT.— the cost of an activity carried out using a grant transportation modes as a result of non-compete
‘‘(1) IN GENERAL.—The Secretary may make under this section may not exceed 80 percent. clauses contained in public-private partnership
grants and enter into contracts, cooperative ‘‘(2) NON-GOVERNMENT SHARE.—The non-Gov- agreements; and
agreements, and other agreements (including ernment share of the cost of an activity carried (F) any other issues the Secretary believes will
agreements with departments, agencies, and in- out using a grant under this section may be de- increase transparency of public-private partner-
strumentalities of the Government) to carry out rived from in-kind contributions.’’. ship agreements and protect the public interest.
(3) ASSESSMENT.—In developing and imple- ‘‘(e) ACQUIRING NEW BUS MODELS.— ‘‘(G) target areas with high rates of unem-
menting the guidance under paragraph (2), the ‘‘(1) IN GENERAL.—Amounts appropriated or ployment; and
Secretary shall encourage project sponsors to otherwise made available under this chapter ‘‘(H) address current or projected workforce
conduct assessments to determine whether use of may be obligated or expended to acquire a new shortages in areas that require technical exper-
a public-private partnership represents a better bus model only if— tise.
public and financial benefit than a similar ‘‘(A) a bus of that model has been tested at a ‘‘(c) GOVERNMENT’S SHARE OF COSTS.—The
transaction using public funding or public facility authorized under subsection (a); and Government share of the cost of a project car-
project delivery. ‘‘(B) the bus tested under subparagraph (A) ried out using a grant under subsection (a) or
(4) REPORT.—Not later than 4 years after the met— (b) shall be 50 percent.
date of enactment of this Act, the Secretary ‘‘(i) performance standards for maintain- ‘‘(d) NATIONAL TRANSIT INSTITUTE.—
shall submit to Congress a report on the status ability, reliability, performance (including brak- ‘‘(1) ESTABLISHMENT.—The Secretary shall es-
of the procedures, approaches, and guidance de- ing performance), structural integrity, fuel tablish a national transit institute and award
veloped and implemented under paragraphs (1) economy, emissions, and noise, as established by grants to a public 4-year degree-granting insti-
and (2). the Secretary by rule; and tution of higher education, as defined in section
(5) RULEMAKING.—Not later than 1 year after ‘‘(ii) the minimum safety performance stand- 101(a) of the Higher Education Act of 1965 (20
the date of enactment of this Act, the Secretary ards established by the Secretary pursuant to U.S.C. 1001(a)), in order to carry out the duties
shall issue rules to carry out the procedures and section 5329(b). of the institute.
approaches developed under paragraph (1). ‘‘(2) BUS TEST ‘PASS/FAIL’ STANDARD.—Not ‘‘(2) DUTIES.—
later than 2 years after the date of enactment of ‘‘(A) IN GENERAL.—In cooperation with the
(6) RULE OF CONSTRUCTION.—Nothing in this
subsection may be construed to allow the Sec- the Federal Public Transportation Act of 2012, Federal Transit Administration, State transpor-
retary to waive any requirement under— the Secretary shall issue a final rule under sub- tation departments, public transportation au-
(A) section 5333 of title 49, United States Code; paragraph (B)(i). The final rule issued under thorities, and national and international enti-
(B) the National Environmental Policy Act of paragraph (B)(i) shall include a bus model scor- ties, the institute established under paragraph
1969 (42 U.S.C. 4321 et seq.); or ing system that results in a weighted, aggregate (1) shall develop and conduct training and edu-
(C) any other provision of Federal law. score that uses the testing categories under sub- cational programs for Federal, State, and local
(c) CONTRACTING OUT STUDY.— section (a) and considers the relative importance transportation employees, United States citi-
(1) IN GENERAL.—Not later than 1 year after of each such testing category. The final rule zens, and foreign nationals engaged or to be en-
the date of enactment of this Act, the Comp- issued under subparagraph (B)(i) shall establish gaged in Government-aid public transportation
troller General of the United States shall submit a ‘pass/fail’ standard that uses the aggregate work.
to the Committee on Transportation and Infra- score described in the preceding sentence. ‘‘(B) TRAINING AND EDUCATIONAL PROGRAMS.—
structure of the House of Representatives and Amounts appropriated or otherwise made avail- The training and educational programs devel-
the Committee on Banking, Housing, and Urban able under this chapter may be obligated or ex- oped under subparagraph (A) may include
Affairs of the Senate a comprehensive report on pended to acquire a new bus model only if the courses in recent developments, techniques, and
the effect of contracting out public transpor- new bus model has received a passing aggregate procedures related to—
tation operations and administrative functions test score. The Secretary shall work with the ‘‘(i) intermodal and public transportation
on cost, availability and level of service, effi- bus testing facility, bus manufacturers, and planning;
ciency, and quality of service. transit agencies to develop the bus model scoring ‘‘(ii) management;
(2) CONSIDERATIONS.—In developing the re- system under this paragraph. A passing aggre- ‘‘(iii) environmental factors;
port, the Comptroller General shall consider— gate test score under the rule issued under sub- ‘‘(iv) acquisition and joint use rights-of-way;
(A) the number of grant recipients that have paragraph (B)(i) indicates only that amounts ‘‘(v) engineering and architectural design;
contracted out services and the types of public appropriated or made available under this chap- ‘‘(vi) procurement strategies for public trans-
transportation services that are performed under ter may be obligated or expended to acquire a portation systems;
contract, including paratransit service, fixed new bus model and shall not be interpreted as a ‘‘(vii) turnkey approaches to delivering public
route bus service, commuter rail operations, and warranty or guarantee that the new bus model transportation systems;
administrative functions; will meet a purchaser’s specific requirements.’’. ‘‘(viii) new technologies;
(B) the size of the populations served by such SEC. 20015. HUMAN RESOURCES AND TRAINING. ‘‘(ix) emission reduction technologies;
Section 5322 of title 49, United States Code, is ‘‘(x) ways to make public transportation ac-
grant recipients;
amended to read as follows: cessible to individuals with disabilities;
(C) the basis for decisions regarding con-
‘‘§ 5322. Human resources and training ‘‘(xi) construction, construction management,
tracting out such services;
insurance, and risk management;
(D) comparative costs of providing service ‘‘(a) IN GENERAL.—The Secretary may under-
‘‘(xii) maintenance;
under contract to providing the same service take, or make grants and contracts for, pro- ‘‘(xiii) contract administration;
through public transit agency employees, using grams that address human resource needs as ‘‘(xiv) inspection;
to the greatest extent possible a standard cost they apply to public transportation activities. A ‘‘(xv) innovative finance;
allocation model; program may include— ‘‘(xvi) workplace safety; and
(E) the extent of unionization among privately ‘‘(1) an employment training program; ‘‘(xvii) public transportation security.
contracted employees; ‘‘(2) an outreach program to increase minority ‘‘(3) PROVIDING EDUCATION AND TRAINING.—
(F) the impact to wages and benefits of em- and female employment in public transportation Education and training of Government, State,
ployees when publicly provided public transpor- activities; and local transportation employees under this
tation services are contracted out to a private ‘‘(3) research on public transportation per-
subsection shall be provided—
for-profit entity; sonnel and training needs; and
‘‘(A) by the Secretary at no cost to the States
(G) the level of transparency and public ac- ‘‘(4) training and assistance for minority busi-
and local governments for subjects that are a
cess to agreements and contracts related to con- ness opportunities.
‘‘(b) INNOVATIVE PUBLIC TRANSPORTATION Government program responsibility; or
tracted out public transportation services; ‘‘(B) when the education and training are
(H) the extent of Federal law, regulations and WORKFORCE DEVELOPMENT PROGRAM.—
‘‘(1) PROGRAM ESTABLISHED.—The Secretary paid under paragraph (4) of this subsection, by
guidance prohibiting any conflicts of interest for the State, with the approval of the Secretary,
contractor employees and businesses; shall establish a competitive grant program to
assist the development of innovative activities through grants and contracts with public and
(I) the extent to which grant recipients evalu- private agencies, other institutions, individuals,
ate contracted out services before selecting them eligible for assistance under subsection (a).
‘‘(2) SELECTION OF RECIPIENTS.—To the max- and the institute.
and the extent to which grant recipients con- ‘‘(4) AVAILABILITY OF AMOUNTS.—Not more
duct oversight of those services; and imum extent feasible, the Secretary shall select
recipients that— than .5 percent of the amounts made available
(J) barriers to contracting out public transpor- for a fiscal year beginning after September 30,
‘‘(A) are geographically diverse;
tation operations and administrative functions. 1991, to a State or public transportation author-
‘‘(B) address the workforce and human re-
(d) GUIDANCE ON DOCUMENTING COMPLI- ity in the State to carry out sections 5307 and
sources needs of large public transportation pro-
ANCE.—Not later than 1 year after the date of 5309 of this title is available for expenditure by
viders;
enactment of this Act, the Secretary shall pub- the State and public transportation authorities
‘‘(C) address the workforce and human re-
lish in the Federal Register policy guidance rein the State, with the approval of the Secretary,
sources needs of small public transportation pro-
garding how to best document compliance by re- to pay not more than 80 percent of the cost of
viders;
cipients of Federal assistance under chapter 53 ‘‘(D) address the workforce and human re- tuition and direct educational expenses related
of title 49, United States Code, with the require- sources needs of urban public transportation to educating and training State and local trans-
ments regarding private enterprise participation providers; portation employees under this subsection.
in public transportation planning and transpor- ‘‘(E) address the workforce and human re- ‘‘(e) REPORT.—Not later than 2 years after the
tation improvement programs under sections sources needs of rural public transportation pro- date of enactment of the Federal Public Trans-
5303(i)(6), 5306(a), and 5307(c) of such title 49. viders; portation Act of 2012, the Secretary shall submit
SEC. 20014. BUS TESTING FACILITIES. ‘‘(F) advance training related to maintenance to the Committee on Banking, Housing, and
Section 5318 of title 49, United States Code, is of alternative energy, energy efficiency, or zero Urban Affairs of the Senate and the Committee
amended by striking subsection (e) and inserting emission vehicles and facilities used in public on Transportation and Infrastructure of the
the following: transportation; House of Representatives a report concerning
the measurable outcomes and impacts of the retary shall bar a recipient or an operator from taining compliance with the Clean Air Act, is
programs funded under subsections (a) and receiving Federal transit assistance in an for 90 percent of the net project cost of such
(b).’’. amount the Secretary considers appropriate if equipment or facilities attributable to compli-
SEC. 20016. GENERAL PROVISIONS. the Secretary finds a pattern of violations of the ance with those Acts. The Secretary shall have
Section 5323 of title 49, United States Code, is agreement. discretion to determine, through practicable ad-
amended to read as follows: ‘‘(e) BOND PROCEEDS ELIGIBLE FOR LOCAL ministrative procedures, the costs of such equip-
‘‘§ 5323. General provisions SHARE.— ment or facilities attributable to compliance
‘‘(1) USE AS LOCAL MATCHING FUNDS.—Not- with those Acts.
‘‘(a) INTERESTS IN PROPERTY.—
‘‘(1) IN GENERAL.—Financial assistance pro- withstanding any other provision of law, a re- ‘‘(2) COSTS INCURRED BY PROVIDERS OF PUBLIC
vided under this chapter to a State or a local cipient of assistance under section 5307, 5309, or TRANSPORTATION BY VANPOOL.—
5337 may use the proceeds from the issuance of ‘‘(A) LOCAL MATCHING SHARE.—The local
governmental authority may be used to acquire
revenue bonds as part of the local matching matching share provided by a recipient of assist-
an interest in, or to buy property of, a private
funds for a capital project. ance for a capital project under this chapter
company engaged in public transportation, for a
‘‘(2) MAINTENANCE OF EFFORT.—The Secretary may include any amounts expended by a pro-
capital project for property acquired from a pri-
shall approve of the use of the proceeds from the vider of public transportation by vanpool for the
vate company engaged in public transportation
issuance of revenue bonds for the remainder of acquisition of rolling stock to be used by such
after July 9, 1964, or to operate a public trans-
the net project cost only if the Secretary finds provider in the recipient’s service area, exclud-
portation facility or equipment in competition
that the aggregate amount of financial support ing any amounts the provider may have received
with, or in addition to, transportation service
for public transportation in the urbanized area in Federal, State, or local government assistance
provided by an existing public transportation
provided by the State and affected local govern- for such acquisition.
company, only if— ‘‘(B) USE OF REVENUES.—A private provider of
‘‘(A) the Secretary determines that such fi- mental authorities during the next 3 fiscal
years, as programmed in the State transpor- public transportation by vanpool may use reve-
nancial assistance is essential to a program of
tation improvement program under section 5304, nues it receives in the provision of public trans-
projects required under sections 5303, 5304, and
is not less than the aggregate amount provided portation service in the service area of a recipi-
5306;
‘‘(B) the Secretary determines that the pro- by the State and affected local governmental ent of assistance under this chapter that are in
gram provides for the participation of private authorities in the urbanized area during the excess of the provider’s operating costs for the
companies engaged in public transportation to preceding 3 fiscal years. purpose of acquiring rolling stock, if the private
the maximum extent feasible; and ‘‘(3) DEBT SERVICE RESERVE.—The Secretary provider enters into a legally binding agreement
‘‘(C) just compensation under State or local may reimburse an eligible recipient for deposits with the recipient that requires the provider to
law will be paid to the company for its franchise of bond proceeds in a debt service reserve that use the rolling stock in the recipient’s service
or property. the recipient establishes pursuant to section area.
‘‘(2) LIMITATION.—A governmental authority 5302(3)(J) from amounts made available to the ‘‘(C) DEFINITIONS.—In this paragraph, the fol-
may not use financial assistance of the United recipient under section 5309. lowing definitions apply:
‘‘(f) SCHOOLBUS TRANSPORTATION.— ‘‘(i) PRIVATE PROVIDER OF PUBLIC TRANSPOR-
States Government to acquire land, equipment,
‘‘(1) AGREEMENTS.—Financial assistance TATION BY VANPOOL.—The term ‘private provider
or a facility used in public transportation from
under this chapter may be used for a capital of public transportation by vanpool’ means a
another governmental authority in the same ge-
project, or to operate public transportation private entity providing vanpool services in the
ographic area.
‘‘(b) RELOCATION AND REAL PROPERTY RE- equipment or a public transportation facility, service area of a recipient of assistance under
QUIREMENTS.—The Uniform Relocation Assist- only if the applicant agrees not to provide this chapter using a commuter highway vehicle
ance and Real Property Acquisition Policies Act schoolbus transportation that exclusively trans- or vanpool vehicle.
ports students and school personnel in competi- ‘‘(ii) COMMUTER HIGHWAY VEHICLE; VANPOOL
of 1970 (42 U.S.C. 4601 et seq.) shall apply to fi-
tion with a private schoolbus operator. This VEHICLE.—The term ‘commuter highway vehicle
nancial assistance for capital projects under
subsection does not apply— or vanpool vehicle’ means any vehicle—
this chapter.
‘‘(A) to an applicant that operates a school ‘‘(I) the seating capacity of which is at least
‘‘(c) CONSIDERATION OF ECONOMIC, SOCIAL,
system in the area to be served and a separate 6 adults (not including the driver); and
AND ENVIRONMENTAL INTERESTS.—
and exclusive schoolbus program for the school ‘‘(II) at least 80 percent of the mileage use of
‘‘(1) COOPERATION AND CONSULTATION.—The
system; and which can be reasonably expected to be for the
Secretary shall cooperate and consult with the
‘‘(B) unless a private schoolbus operator can purposes of transporting commuters in connec-
Secretary of the Interior and the Administrator
provide adequate transportation that complies tion with travel between their residences and
of the Environmental Protection Agency on
with applicable safety standards at reasonable their place of employment.
each project that may have a substantial impact
rates. ‘‘(j) BUY AMERICA.—
on the environment. ‘‘(1) IN GENERAL.—The Secretary may obligate
‘‘(2) COMPLIANCE WITH NEPA.—The National ‘‘(2) VIOLATIONS.—If the Secretary finds that
an applicant, governmental authority, or pub- an amount that may be appropriated to carry
Environmental Policy Act of 1969 (42 U.S.C. 4321 out this chapter for a project only if the steel,
et seq.) shall apply to financial assistance for licly owned operator has violated the agreement
required under paragraph (1), the Secretary iron, and manufactured goods used in the
capital projects under this chapter. project are produced in the United States.
‘‘(d) CONDITION ON CHARTER BUS TRANSPOR- shall bar a recipient or an operator from receiv-
‘‘(2) WAIVER.—The Secretary may waive para-
TATION SERVICE.— ing Federal transit assistance in an amount the
graph (1) of this subsection if the Secretary
‘‘(1) AGREEMENTS.—Financial assistance Secretary considers appropriate.
finds that—
under this chapter may be used to buy or oper- ‘‘(g) BUYING BUSES UNDER OTHER LAWS.— ‘‘(A) applying paragraph (1) would be incon-
ate a bus only if the applicant, governmental Subsections (d) and (f) of this section apply to
sistent with the public interest;
authority, or publicly owned operator that re- financial assistance to buy a bus under sections ‘‘(B) the steel, iron, and goods produced in
ceives the assistance agrees that, except as pro- 133 and 142 of title 23. the United States are not produced in a suffi-
vided in the agreement, the governmental au- ‘‘(h) GRANT AND LOAN PROHIBITIONS.—A cient and reasonably available amount or are
thority or an operator of public transportation grant or loan may not be used to— not of a satisfactory quality;
for the governmental authority will not provide ‘‘(1) pay ordinary governmental or nonproject ‘‘(C) when procuring rolling stock (including
charter bus transportation service outside the operating expenses; or train control, communication, and traction
urban area in which it provides regularly sched- ‘‘(2) support a procurement that uses an ex- power equipment) under this chapter—
uled public transportation service. An agree- clusionary or discriminatory specification. ‘‘(i) the cost of components and subcompo-
ment shall provide for a fair arrangement the ‘‘(i) GOVERNMENT SHARE OF COSTS FOR CER- nents produced in the United States is more
Secretary of Transportation considers appro- TAIN PROJECTS.— than 60 percent of the cost of all components of
priate to ensure that the assistance will not en- ‘‘(1) ACQUIRING VEHICLES AND VEHICLE-RE- the rolling stock; and
able a governmental authority or an operator LATED EQUIPMENT OR FACILITIES.— ‘‘(ii) final assembly of the rolling stock has oc-
for a governmental authority to foreclose a pri- ‘‘(A) VEHICLES.—A grant for a project to be curred in the United States; or
vate operator from providing intercity charter assisted under this chapter that involves acquir- ‘‘(D) including domestic material will increase
bus service if the private operator can provide ing vehicles for purposes of complying with or the cost of the overall project by more than 25
the service. maintaining compliance with the Americans percent.
‘‘(2) VIOLATIONS.— with Disabilities Act of 1990 (42 U.S.C. 12101 et ‘‘(3) WRITTEN WAIVER DETERMINATION AND AN-
‘‘(A) INVESTIGATIONS.—On receiving a com- seq.) or the Clean Air Act is for 85 percent of the NUAL REPORT.—
plaint about a violation of the agreement re- net project cost. ‘‘(A) WRITTEN DETERMINATION.—Before
quired under paragraph (1), the Secretary shall ‘‘(B) VEHICLE-RELATED EQUIPMENT OR FACILI- issuing a waiver under paragraph (2), the Sec-
investigate and decide whether a violation has TIES.—A grant for a project to be assisted under retary shall—
occurred. this chapter that involves acquiring vehicle-re- ‘‘(i) publish in the Federal Register and make
‘‘(B) ENFORCEMENT OF AGREEMENTS.—If the lated equipment or facilities required by the publicly available in an easily identifiable loca-
Secretary decides that a violation has occurred, Americans with Disabilities Act of 1990 (42 tion on the website of the Department of Trans-
the Secretary shall correct the violation under U.S.C. 12101 et seq.) or vehicle-related equip- portation a detailed written explanation of the
terms of the agreement. ment or facilities (including clean fuel or alter- waiver determination; and
‘‘(C) ADDITIONAL REMEDIES.—In addition to native fuel vehicle-related equipment or facili- ‘‘(ii) provide the public with a reasonable pe-
any remedy specified in the agreement, the Sec- ties) for purposes of complying with or main- riod of time for notice and comment.
‘‘(B) ANNUAL REPORT.—Not later than 1 year The Secretary may terminate financial assist- modal facilities, park and ride lots, and bus-
after the date of enactment of the Federal Pub- ance under this chapter and seek reimbursement only highway lanes. In determining reasonable
lic Transportation Act of 2012, and annually directly, or by offsetting amounts, available access, capacity requirements of the recipient of
thereafter, the Secretary shall submit to the under this chapter if the Secretary determines assistance and the extent to which access would
Committee on Banking, Housing, and Urban Af- that a recipient of such financial assistance has be detrimental to existing public transportation
fairs of the Senate and the Committee on Trans- made a false or fraudulent statement or related services must be considered.’’.
portation and Infrastructure of the House of act in connection with a Federal public trans- SEC. 20017.
PUBLIC TRANSPORTATION EMER-
Representatives a report listing any waiver portation program. GENCY RELIEF PROGRAM.
issued under paragraph (2) during the preceding ‘‘(2) POLITICAL ACTIVITIES OF NONSUPERVISORY (a) IN GENERAL.—Section 5324 of title 49,
year. EMPLOYEES.—The provision of assistance under United States Code, is amended to read as fol-
‘‘(4) LABOR COSTS FOR FINAL ASSEMBLY.—In this chapter shall not be construed to require lows:
this subsection, labor costs involved in final as- the application of chapter 15 of title 5 to any ‘‘§ 5324. Public transportation emergency re-
sembly are not included in calculating the cost nonsupervisory employee of a public transpor- lief program
of components. tation system (or any other agency or entity
‘‘(5) WAIVER PROHIBITED.—The Secretary may performing related functions) to whom such ‘‘(a) DEFINITION.—In this section the fol-
not make a waiver under paragraph (2) of this chapter does not otherwise apply. lowing definitions shall apply:
subsection for goods produced in a foreign coun- ‘‘(m) PREAWARD AND POSTDELIVERY REVIEW ‘‘(1) ELIGIBLE OPERATING COSTS.—The term
try if the Secretary, in consultation with the OF ROLLING STOCK PURCHASES.—The Secretary
‘eligible operating costs’ means costs relating
United States Trade Representative, decides shall prescribe regulations requiring a preaward to—
that the government of that foreign country— and postdelivery review of a grant under this ‘‘(A) evacuation services;
‘‘(A) has an agreement with the United States chapter to buy rolling stock to ensure compli- ‘‘(B) rescue operations;
Government under which the Secretary has ance with Government motor vehicle safety re- ‘‘(C) temporary public transportation service;
waived the requirement of this subsection; and quirements, subsection (j) of this section, and or
‘‘(B) has violated the agreement by discrimi- bid specifications requirements of grant recipi- ‘‘(D) reestablishing, expanding, or relocating
nating against goods to which this subsection ents under this chapter. Under this subsection, public transportation route service before, dur-
applies that are produced in the United States independent inspections and review are re- ing, or after an emergency.
and to which the agreement applies. ‘‘(2) EMERGENCY.—The term ‘emergency’
quired, and a manufacturer certification is not
‘‘(6) PENALTY FOR MISLABELING AND MIS- means a natural disaster affecting a wide area
sufficient. Rolling stock procurements of 20 ve-
REPRESENTATION.—A person is ineligible under (such as a flood, hurricane, tidal wave, earth-
hicles or fewer made for the purpose of serving
subpart 9.4 of the Federal Acquisition Regula- quake, severe storm, or landslide) or a cata-
rural areas and urbanized areas with popu-
tion, or any successor thereto, to receive a con- strophic failure from any external cause, as a
lations of 200,000 or fewer shall be subject to the
tract or subcontract made with amounts author- result of which—
same requirements as established for procure-
ized under the Federal Public Transportation ‘‘(A) the Governor of a State has declared an
ments of 10 or fewer buses under the post-deliv-
Act of 2012 if a court or department, agency, or emergency and the Secretary has concurred; or
ery purchaser’s requirements certification proc-
instrumentality of the Government decides the ‘‘(B) the President has declared a major dis-
ess under section 663.37(c) of title 49, Code of
person intentionally— aster under section 401 of the Robert T. Stafford
Federal Regulations.
‘‘(A) affixed a ‘Made in America’ label, or a ‘‘(n) SUBMISSION OF CERTIFICATIONS.—A cer- Disaster Relief and Emergency Assistance Act
label with an inscription having the same mean- tification required under this chapter and any (42 U.S.C. 5170).
ing, to goods sold in or shipped to the United additional certification or assurance required by ‘‘(b) GENERAL AUTHORITY.—The Secretary
States that are used in a project to which this law or regulation to be submitted to the Sec- may make grants and enter into contracts and
subsection applies but not produced in the retary may be consolidated into a single docu- other agreements (including agreements with de-
United States; or ment to be submitted annually as part of a partments, agencies, and instrumentalities of
‘‘(B) represented that goods described in sub- grant application under this chapter. The Sec- the Government) for—
paragraph (A) of this paragraph were produced retary shall publish annually a list of all certifi- ‘‘(1) capital projects to protect, repair, recon-
in the United States. cations required under this chapter with the struct, or replace equipment and facilities of a
‘‘(7) STATE REQUIREMENTS.—The Secretary publication required under section 5336(d)(2). public transportation system operating in the
may not impose any limitation on assistance ‘‘(o) GRANT REQUIREMENTS.—The grant re- United States or on an Indian reservation that
provided under this chapter that restricts a quirements under sections 5307, 5309, and 5337 the Secretary determines is in danger of suf-
State from imposing more stringent requirements apply to any project under this chapter that re- fering serious damage, or has suffered serious
than this subsection on the use of articles, mate- ceives any assistance or other financing under damage, as a result of an emergency; and
rials, and supplies mined, produced, or manu- chapter 6 (other than section 609) of title 23. ‘‘(2) eligible operating costs of public transpor-
factured in foreign countries in projects carried ‘‘(p) ALTERNATIVE FUELING FACILITIES.—A re- tation equipment and facilities in an area di-
out with that assistance or restricts a recipient cipient of assistance under this chapter may rectly affected by an emergency during—
of that assistance from complying with those allow the incidental use of federally funded al- ‘‘(A) the 1-year period beginning on the date
State-imposed requirements. ternative fueling facilities and equipment by of a declaration described in subsection (a)(2);
‘‘(8) OPPORTUNITY TO CORRECT INADVERTENT nontransit public entities and private entities or
ERROR.—The Secretary may allow a manufac- if— ‘‘(B) if the Secretary determines there is a
turer or supplier of steel, iron, or manufactured ‘‘(1) the incidental use does not interfere with compelling need, the 2-year period beginning on
goods to correct after bid opening any certifi- the recipient’s public transportation operations; the date of a declaration described in subsection
cation of noncompliance or failure to properly ‘‘(2) all costs related to the incidental use are (a)(2).
complete the certification (but not including fully recaptured by the recipient from the non- ‘‘(c) COORDINATION OF EMERGENCY FUNDS.—
failure to sign the certification) under this sub- transit public entity or private entity; ‘‘(1) USE OF FUNDS.—Funds appropriated to
section if such manufacturer or supplier attests ‘‘(3) the recipient uses revenues received from carry out this section shall be in addition to any
under penalty of perjury that such manufac- the incidental use in excess of costs for plan- other funds available under this chapter.
turer or supplier submitted an incorrect certifi- ning, capital, and operating expenses that are ‘‘(2) NO EFFECT ON OTHER GOVERNMENT ACTIV-
cation as a result of an inadvertent or clerical incurred in providing public transportation; and ITY.—The provision of funds under this section
error. The burden of establishing inadvertent or ‘‘(4) private entities pay all applicable excise shall not affect the ability of any other agency
clerical error is on the manufacturer or supplier. taxes on fuel. of the Government, including the Federal Emer-
‘‘(9) ADMINISTRATIVE REVIEW.—A party ad- ‘‘(q) CORRIDOR PRESERVATION.— gency Management Agency, or a State agency,
versely affected by an agency action under this ‘‘(1) IN GENERAL.—The Secretary may assist a a local governmental entity, organization, or
subsection shall have the right to seek review recipient in acquiring right-of-way before the person, to provide any other funds otherwise
under section 702 of title 5. completion of the environmental reviews for any authorized by law.
‘‘(k) PARTICIPATION OF GOVERNMENTAL AGEN- project that may use the right-of-way if the ac- ‘‘(3) NOTIFICATION.—The Secretary shall no-
CIES IN DESIGN AND DELIVERY OF TRANSPOR- quisition is otherwise permitted under Federal tify the Secretary of Homeland Security of the
TATION SERVICES.—Governmental agencies and law. The Secretary may establish restrictions on purpose and amount of any grant made or con-
nonprofit organizations that receive assistance such an acquisition as the Secretary determines tract or other agreement entered into under this
from Government sources (other than the De- to be necessary and appropriate. section.
partment of Transportation) for nonemergency ‘‘(2) ENVIRONMENTAL REVIEWS.—Right-of-way ‘‘(d) GRANT REQUIREMENTS.—A grant award-
transportation services shall— acquired under this subsection may not be deed under this section or under section 5307 or
‘‘(1) participate and coordinate with recipi- veloped in anticipation of the project until all 5311 that is made to address an emergency de-
ents of assistance under this chapter in the de- required environmental reviews for the project fined under subsection (a)(2) shall be—
sign and delivery of transportation services; and have been completed. ‘‘(1) subject to the terms and conditions the
‘‘(2) be included in the planning for those ‘‘(r) REASONABLE ACCESS TO PUBLIC TRANS- Secretary determines are necessary; and
services. PORTATION FACILITIES.—A recipient of assist- ‘‘(2) made only for expenses that are not reim-
‘‘(l) RELATIONSHIP TO OTHER LAWS.— ance under this chapter may not deny reason- bursed under the Robert T. Stafford Disaster
‘‘(1) FRAUD AND FALSE STATEMENTS.—Section able access for a private intercity or charter Relief and Emergency Assistance Act (42 U.S.C.
1001 of title 18 applies to a certificate, submis- transportation operator to federally funded pub- 5121 et seq.).
sion, or statement provided under this chapter. lic transportation facilities, including inter- ‘‘(e) GOVERNMENT SHARE OF COSTS.—
‘‘(1) CAPITAL PROJECTS AND OPERATING ASSIST- (4) AFTER ACTION REVIEW.—Before entering cial or ethnic minority, female, an individual
ANCE.—A grant, contract, or other agreement for into a memorandum of agreement under para- with a disability, or a former employee.’’.
a capital project or eligible operating costs graph (2), the Secretary of Transportation and SEC. 20019. TRANSIT ASSET MANAGEMENT.
under this section shall be, at the option of the the Secretary of Homeland Security (acting Section 5326 of title 49, United States Code, is
recipient, for not more than 80 percent of the through the Administrator of the Federal Emer- amended to read as follows:
net project cost, as determined by the Secretary. gency Management Agency), in consultation ‘‘§ 5326. Transit asset management
‘‘(2) NON-FEDERAL SHARE.—The remainder of with State, local, and tribal governments (in- ‘‘(a) DEFINITIONS.—In this section the fol-
the net project cost may be provided from an un- cluding public transportation systems) that have lowing definitions shall apply:
distributed cash surplus, a replacement or de- experienced a major disaster or emergency, shall ‘‘(1) CAPITAL ASSET.—The term ‘capital asset’
preciation cash fund or reserve, or new capital. review after action reports relating to major dis- includes equipment, rolling stock, infrastruc-
‘‘(3) WAIVER.—The Secretary may waive, in asters, emergencies, and exercises, to identify ture, and facilities for use in public transpor-
whole or part, the non-Federal share required areas where coordination between the Depart- tation and owned or leased by a recipient or
under— ment of Transportation and the Department of subrecipient of Federal financial assistance
‘‘(A) paragraph (2); or Homeland Security and the provision of public under this chapter.
‘‘(B) section 5307 or 5311, in the case of a transportation services should be improved. ‘‘(2) TRANSIT ASSET MANAGEMENT PLAN.—The
grant made available under section 5307 or 5311, (5) FACTORS FOR DECLARATIONS OF MAJOR DIS- term ‘transit asset management plan’ means a
respectively, to address an emergency.’’. ASTERS AND EMERGENCIES.—The Administrator plan developed by a recipient of funding under
(b) MEMORANDUM OF AGREEMENT.— of the Federal Emergency Management Agency this chapter that—
(1) PURPOSES.—The purposes of this sub- shall make available to State, local, and tribal ‘‘(A) includes, at a minimum, capital asset in-
section are— governments, including public transportation ventories and condition assessments, decision
(A) to improve coordination between the De- systems, a description of the factors that the support tools, and investment prioritization; and
partment of Transportation and the Department President considers in declaring a major disaster ‘‘(B) the recipient certifies complies with the
of Homeland Security; and or emergency, including any pre-disaster emer- rule issued under this section.
(B) to expedite the provision of Federal assist- gency declaration policies. ‘‘(3) TRANSIT ASSET MANAGEMENT SYSTEM.—
ance for public transportation systems for ac- (6) BRIEFINGS.— The term ‘transit asset management system’
tivities relating to a major disaster or emergency (A) INITIAL BRIEFING.—Not later than 180 means a strategic and systematic process of op-
declared by the President under the Robert T. days after the date of enactment of this Act, the erating, maintaining, and improving public
Stafford Disaster Relief and Emergency Assist- Secretary of Transportation and the Secretary transportation capital assets effectively
ance Act (42 U.S.C. 5121 et seq.) (referred to in of Homeland Security shall jointly brief the throughout the life cycle of such assets.
this subsection as a ‘‘major disaster or emer- Committee on Banking, Housing, and Urban Af- ‘‘(b) TRANSIT ASSET MANAGEMENT SYSTEM.—
gency’’). fairs and the Committee on Homeland Security The Secretary shall establish and implement a
(2) AGREEMENT.—Not later than 180 days after and Governmental Affairs of the Senate on the national transit asset management system,
the date of enactment of this Act, the Secretary memorandum of agreement required under para- which shall include—
of Transportation and the Secretary of Home- ‘‘(1) a definition of the term ‘state of good re-
graph (2).
land Security shall enter into a memorandum of pair’ that includes objective standards for meas-
(B) QUARTERLY BRIEFINGS.—Each quarter of
agreement to coordinate the roles and respon- uring the condition of capital assets of recipi-
the 1-year period beginning on the date on
sibilities of the Department of Transportation ents, including equipment, rolling stock, infra-
which the Secretary of Transportation and the
and the Department of Homeland Security in structure, and facilities;
Secretary of Homeland Security enter into the ‘‘(2) a requirement that recipients and sub-
providing assistance for public transportation, memorandum of agreement required under para-
including the provision of public transportation recipients of Federal financial assistance under
graph (2), the Secretary of Transportation and this chapter develop a transit asset management
services and the repair and restoration of public the Secretary of Homeland Security shall jointly
transportation systems in areas for which the plan;
brief the Committee on Banking, Housing, and ‘‘(3) a requirement that each designated re-
President has declared a major disaster or emer- Urban Affairs and the Committee on Homeland
gency. cipient of Federal financial assistance under
Security and Governmental Affairs of the Sen- this chapter report on the condition of the sys-
(3) CONTENTS OF AGREEMENT.—The memo- ate on the implementation of the memorandum
randum of agreement required under paragraph tem of the recipient and provide a description of
of agreement. any change in condition since the last report;
(2) shall—
SEC. 20018. CONTRACT REQUIREMENTS. ‘‘(4) an analytical process or decision support
(A) provide for improved coordination and ex-
peditious use of public transportation, as appro- Section 5325 of title 49, United States Code, is tool for use by public transportation systems
priate, in response to and recovery from a major amended— that—
(1) in subsection (e), by striking paragraph (1) ‘‘(A) allows for the estimation of capital in-
disaster or emergency;
and inserting the following: vestment needs of such systems over time; and
(B) establish procedures to address—
‘‘(1) CONTRACTS.—A recipient procuring roll- ‘‘(B) assists with asset investment
(i) issues that have contributed to delays in
ing stock with Government financial assistance prioritization by such systems; and
the reimbursement of eligible transportation-re- ‘‘(5) technical assistance to recipients of Fed-
lated expenses relating to a major disaster or under this chapter may make a multiyear con-
tract to buy the rolling stock and replacement eral financial assistance under this chapter.
emergency; ‘‘(c) PERFORMANCE MEASURES AND TARGETS.—
(ii) any challenges identified in the review parts under which the recipient has an option to
‘‘(1) IN GENERAL.—Not later than 1 year after
under paragraph (4); and buy additional rolling stock or replacement
the date of enactment of the Federal Public
(iii) the coordination of assistance for public parts for—
Transportation Act of 2012, the Secretary shall
transportation provided under the Robert T. ‘‘(A) not more than 5 years after the date of
issue a final rule to establish performance meas-
Stafford Disaster Relief and Emergency Assist- the original contract for bus procurements; and
ures based on the state of good repair standards
ance Act and section 5324 of title 49, United ‘‘(B) not more than 7 years after the date of
established under subsection (b)(1).
States Code, as amended by this Act, as appro- the original contract for rail procurements, pro- ‘‘(2) TARGETS.—Not later than 3 months after
priate; and vided that such option does not allow for sig- the date on which the Secretary issues a final
(C) provide for the development and distribu- nificant changes or alterations to the rolling rule under paragraph (1), and each fiscal year
tion of clear guidelines for State, local, and trib- stock.’’. thereafter, each recipient of Federal financial
al governments, including public transportation (2) in subsection (h), by striking ‘‘Federal assistance under this chapter shall establish
systems, relating to— Public Transportation Act of 2005’’ and insert- performance targets in relation to the perform-
(i) assistance available for public transpor- ing ‘‘Federal Public Transportation Act of ance measures established by the Secretary.
tation systems for activities relating to a major 2012’’; ‘‘(3) REPORTS.—Each designated recipient of
disaster or emergency— (3) in subsection (j)(2)(C), by striking ‘‘, in- Federal financial assistance under this chapter
(I) under the Robert T. Stafford Disaster Re- cluding the performance reported in the Con- shall submit to the Secretary an annual report
lief and Emergency Assistance Act; tractor Performance Assessment Reports re- that describes—
(II) under section 5324 of title 49, United quired under section 5309(l)(2)’’; and ‘‘(A) the progress of the recipient during the
States Code, as amended by this Act; and (4) by adding at the end the following: fiscal year to which the report relates toward
(III) from other sources, including other Fed- ‘‘(k) VETERANS EMPLOYMENT.—Recipients and meeting the performance targets established
eral agencies; and subrecipients of Federal financial assistance under paragraph (2) for that fiscal year; and
(ii) reimbursement procedures that speed the under this chapter shall ensure that contractors ‘‘(B) the performance targets established by
process of— working on a capital project funded using such the recipient for the subsequent fiscal year.
(I) applying for assistance under the Robert assistance give a hiring preference, to the extent ‘‘(d) RULEMAKING.—Not later than 1 year
T. Stafford Disaster Relief and Emergency As- practicable, to veterans (as defined in section after the date of enactment of the Federal Pub-
sistance Act and section 5324 of title 49, United 2108 of title 5) who have the requisite skills and lic Transportation Act of 2012, the Secretary
States Code, as amended by this Act; and abilities to perform the construction work re- shall issue a final rule to implement the transit
(II) distributing assistance for public trans- quired under the contract. This subsection shall asset management system described in sub-
portation systems under the Robert T. Stafford not be understood, construed or enforced in any section (b).’’.
Disaster Relief and Emergency Assistance Act manner that would require an employer to give SEC. 20020. PROJECT MANAGEMENT OVERSIGHT.
and section 5324 of title 49, United States Code, a preference to any veteran over any equally Section 5327 of title 49, United States Code, is
as amended by this Act. qualified applicant who is a member of any ra- amended—
(1) in subsection (a)— Public Transportation Act of 2012, the Secretary ‘‘(B) adopts and enforces Federal and rel-
(A) in the matter preceding paragraph (1), by shall establish interim provisions for the certifi- evant State laws on rail fixed guideway public
striking ‘‘United States’’ and all that follows cation and training of the personnel described transportation safety;
through ‘‘Secretary of Transportation’’ and in- in paragraph (1), which shall be in effect until ‘‘(C) establishes a State safety oversight agen-
serting the following: ‘‘Federal financial assist- the effective date of the final rule issued by the cy;
ance for a major capital project for public trans- Secretary to implement this subsection. ‘‘(D) determines, in consultation with the Sec-
portation under this chapter or any other provi- ‘‘(d) PUBLIC TRANSPORTATION AGENCY SAFETY retary, an appropriate staffing level for the
sion of Federal law, a recipient must prepare a PLAN.— State safety oversight agency that is commensu-
project management plan approved by the Sec- ‘‘(1) IN GENERAL.—Effective 1 year after the rate with the number, size, and complexity of
retary and carry out the project in accordance effective date of a final rule issued by the Sec- the rail fixed guideway public transportation
with the project management plan’’; and retary to carry out this subsection, each recipi- systems in the eligible State;
(B) in paragraph (12), by striking ‘‘each ent or State, as described in paragraph (3), shall ‘‘(E) requires that employees and other des-
month’’ and inserting ‘‘quarterly’’; certify that the recipient or State has estab- ignated personnel of the eligible State safety
(2) by striking subsections (c), (d), and (f); lished a comprehensive agency safety plan that oversight agency who are responsible for rail
(3) by inserting after subsection (b) the fol- includes, at a minimum— fixed guideway public transportation safety
lowing: ‘‘(A) a requirement that the board of directors oversight are qualified to perform such func-
‘‘(c) ACCESS TO SITES AND RECORDS.—Each re- (or equivalent entity) of the recipient approve tions through appropriate training, including
cipient of Federal financial assistance for public the agency safety plan and any updates to the successful completion of the public transpor-
transportation under this chapter or any other agency safety plan; tation safety certification training program es-
provision of Federal law shall provide the Sec- ‘‘(B) methods for identifying and evaluating tablished under subsection (c); and
retary and a contractor the Secretary chooses safety risks throughout all elements of the pub- ‘‘(F) prohibits any public transportation
under section 5338(i) with access to the con- lic transportation system of the recipient; agency from providing funds to the State safety
struction sites and records of the recipient when ‘‘(C) strategies to minimize the exposure of the oversight agency or an entity designated by the
reasonably necessary.’’; public, personnel, and property to hazards and eligible State as the State safety oversight agen-
(4) by redesignating subsection (e) as sub- unsafe conditions; cy under paragraph (4).
section (d); and ‘‘(D) a process and timeline for conducting an ‘‘(4) STATE SAFETY OVERSIGHT AGENCY.—
(5) in subsection (d), as so redesignated— annual review and update of the safety plan of ‘‘(A) IN GENERAL.—Each State safety over-
(A) in paragraph (1), by striking ‘‘subsection the recipient; sight program shall establish a State safety
(c) of this section’’ and inserting ‘‘section ‘‘(E) performance targets based on the safety oversight agency that—
5338(i)’’; and performance criteria and state of good repair ‘‘(i) is financially and legally independent
(B) in paragraph (2)— standards established under subparagraphs (A) from any public transportation entity that the
(i) by striking ‘‘preliminary engineering and (B), respectively, of subsection (b)(2); State safety oversight agency oversees;
stage’’ and inserting ‘‘project development ‘‘(F) assignment of an adequately trained ‘‘(ii) does not directly provide public transpor-
phase’’; and safety officer who reports directly to the general tation services in an area with a rail fixed
(ii) by striking ‘‘another stage’’ and inserting manager, president, or equivalent officer of the guideway public transportation system subject
‘‘another phase’’. recipient; and to the requirements of this section;
SEC. 20021. PUBLIC TRANSPORTATION SAFETY. ‘‘(iii) does not employ any individual who is
‘‘(G) a comprehensive staff training program
(a) PUBLIC TRANSPORTATION SAFETY PRO- also responsible for the administration of rail
for the operations personnel and personnel di-
GRAM.—Section 5329 of title 49, United States fixed guideway public transportation programs
rectly responsible for safety of the recipient that
Code, is amended to read as follows: subject to the requirements of this section;
includes—
‘‘(iv) has the authority to review, approve,
‘‘§ 5329. Public transportation safety program ‘‘(i) the completion of a safety training pro-
oversee, and enforce the implementation by the
‘‘(a) DEFINITION.—In this section, the term gram; and
rail fixed guideway public transportation agen-
‘recipient’ means a State or local governmental ‘‘(ii) continuing safety education and train-
cy of the public transportation agency safety
authority, or any other operator of a public ing.
‘‘(2) INTERIM AGENCY SAFETY PLAN.—A system plan required under subsection (d);
transportation system, that receives financial ‘‘(v) has investigative and enforcement au-
assistance under this chapter. safety plan developed pursuant to part 659 of
thority with respect to the safety of rail fixed
‘‘(b) NATIONAL PUBLIC TRANSPORTATION SAFE- title 49, Code of Federal Regulations, as in effect
guideway public transportation systems of the
TY PLAN.— on the date of enactment of the Federal Public
eligible State;
‘‘(1) IN GENERAL.—The Secretary shall create Transportation Act of 2012, shall remain in ef- ‘‘(vi) audits, at least once triennially, the
and implement a national public transportation fect until such time as this subsection takes ef- compliance of the rail fixed guideway public
safety plan to improve the safety of all public fect. transportation systems in the eligible State sub-
transportation systems that receive funding ‘‘(3) PUBLIC TRANSPORTATION AGENCY SAFETY
ject to this subsection with the public transpor-
under this chapter. PLAN DRAFTING AND CERTIFICATION.—
tation agency safety plan required under sub-
‘‘(2) CONTENTS OF PLAN.—The national public ‘‘(A) SECTION 5311.—For a recipient receiving
section (d); and
transportation safety plan under paragraph (1) assistance under section 5311, a State safety ‘‘(vii) provides, at least once annually, a sta-
shall include— plan may be drafted and certified by the recipi- tus report on the safety of the rail fixed guide-
‘‘(A) safety performance criteria for all modes ent or a State. way public transportation systems the State
of public transportation; ‘‘(B) SECTION 5307.—Not later than 120 days safety oversight agency oversees to—
‘‘(B) the definition of the term ‘state of good after the date of enactment of the Federal Pub- ‘‘(I) the Federal Transit Administration;
repair’ established under section 5326(b); lic Transportation Act of 2012, the Secretary ‘‘(II) the Governor of the eligible State; and
‘‘(C) minimum safety performance standards shall issue a rule designating recipients of as- ‘‘(III) the board of directors, or equivalent en-
for public transportation vehicles used in rev- sistance under section 5307 that are small public tity, of any rail fixed guideway public transpor-
enue operations that— transportation providers or systems that may tation system that the State safety oversight
‘‘(i) do not apply to rolling stock otherwise have their State safety plans drafted or certified agency oversees.
regulated by the Secretary or any other Federal by a State. ‘‘(B) WAIVER.—At the request of an eligible
agency; and ‘‘(e) STATE SAFETY OVERSIGHT PROGRAM.— State, the Secretary may waive clauses (i) and
‘‘(ii) to the extent practicable, take into con- ‘‘(1) APPLICABILITY.—This subsection applies (iii) of subparagraph (A) for eligible States with
sideration— only to eligible States. 1 or more rail fixed guideway systems in revenue
‘‘(I) relevant recommendations of the National ‘‘(2) DEFINITION.—In this subsection, the term operations, design, or construction, that—
Transportation Safety Board; and ‘eligible State’ means a State that has— ‘‘(i) have fewer than 1,000,000 combined actual
‘‘(II) recommendations of, and best practices ‘‘(A) a rail fixed guideway public transpor- and projected rail fixed guideway revenue miles
standards developed by, the public transportation system within the jurisdiction of the State per year; or
tation industry; and that is not subject to regulation by the Federal ‘‘(ii) provide fewer than 10,000,000 combined
‘‘(D) a public transportation safety certifi- Railroad Administration; or actual and projected unlinked passenger trips
cation training program, as described in sub- ‘‘(B) a rail fixed guideway public transpor- per year.
section (c). tation system in the engineering or construction ‘‘(5) PROGRAMS FOR MULTI-STATE RAIL FIXED
‘‘(c) PUBLIC TRANSPORTATION SAFETY CER- phase of development within the jurisdiction of GUIDEWAY PUBLIC TRANSPORTATION SYSTEMS.—
TIFICATION TRAINING PROGRAM.— the State that will not be subject to regulation An eligible State that has within the jurisdiction
‘‘(1) IN GENERAL.—The Secretary shall estab- by the Federal Railroad Administration. of the eligible State a rail fixed guideway public
lish a public transportation safety certification ‘‘(3) IN GENERAL.—In order to obligate funds transportation system that operates in more
training program for Federal and State employ- apportioned under section 5338 to carry out this than 1 eligible State shall—
ees, or other designated personnel, who conduct chapter, effective 3 years after the date on ‘‘(A) jointly with all other eligible States in
safety audits and examinations of public trans- which a final rule under this subsection becomes which the rail fixed guideway public transpor-
portation systems and employees of public trans- effective, an eligible State shall have in effect a tation system operates, ensure uniform safety
portation agencies directly responsible for safety State safety oversight program approved by the standards and enforcement procedures that
oversight. Secretary under which the State— shall be in compliance with this section, and es-
‘‘(2) INTERIM PROVISIONS.—Not later than 90 ‘‘(A) assumes responsibility for overseeing rail tablish and implement a State safety oversight
days after the date of enactment of the Federal fixed guideway public transportation safety; program approved by the Secretary; or
‘‘(B) jointly with all other eligible States in ‘‘(D) FAILURE TO CORRECT.—If the Secretary the public transportation system of a recipient;
which the rail fixed guideway public transpor- determines that a modification by an eligible and
tation system operates, designate an entity hav- State of the State safety oversight program is ‘‘(7) issue rules to carry out this section.
ing characteristics consistent with the charac- not sufficient to certify the program, the Sec- ‘‘(g) ENFORCEMENT ACTIONS.—
teristics described in paragraph (3) to carry out retary— ‘‘(1) TYPES OF ENFORCEMENT ACTIONS.—The
the State safety oversight program approved by ‘‘(i) shall notify the Governor of the eligible Secretary may take enforcement action against
the Secretary. State of such denial of certification and failure an eligible State, as defined in subsection (e),
‘‘(6) GRANTS.— to adequately modify the program, and shall re- that does not comply with Federal law with re-
‘‘(A) IN GENERAL.—The Secretary shall make quest that the Governor take all possible actions spect to the safety of the public transportation
grants to eligible States to develop or carry out to correct deficiencies in the program to ensure system, including—
State safety oversight programs under this sub- the certification of the program; and ‘‘(A) issuing directives;
section. Grant funds may be used for program ‘‘(ii) may— ‘‘(B) requiring more frequent oversight of the
operational and administrative expenses, in- ‘‘(I) withhold funds available under para- recipient by a State safety oversight agency or
cluding employee training activities. graph (6) in an amount determined by the Sec- the Secretary;
‘‘(B) APPORTIONMENT.— retary; ‘‘(C) imposing more frequent reporting re-
‘‘(i) FORMULA.—The amount made available ‘‘(II) withhold not more than 5 percent of the quirements; and
for State safety oversight under section 5336(h) amount required to be appropriated for use in a ‘‘(D) requiring that any Federal financial as-
shall be apportioned among eligible States under State or urbanized area in the State under sec- sistance provided under this chapter be spent on
a formula to be established by the Secretary. tion 5307 of this title, until the State safety over- correcting safety deficiencies identified by the
Such formula shall take into account fixed sight program has been certified; or Secretary or the State safety oversight agency
guideway vehicle revenue miles, fixed guideway ‘‘(III) require fixed guideway public transpor- before such funds are spent on other projects.
route miles, and fixed guideway vehicle pas- tation systems under such State safety oversight ‘‘(2) USE OR WITHHOLDING OF FUNDS.—
‘‘(A) IN GENERAL.—The Secretary may require
senger miles attributable to all rail fixed guide- program to provide up to 100 percent of Federal
the use of funds in accordance with paragraph
way systems not subject to regulation by the assistance made available under this chapter
(1)(D) only if the Secretary finds that a recipi-
Federal Railroad Administration within each el- only for safety-related improvements on such
ent is engaged in a pattern or practice of serious
igible State. systems, until the State safety oversight program
‘‘(ii) ADMINISTRATIVE REQUIREMENTS.—Grant safety violations or has otherwise refused to
has been certified.
funds apportioned to States under this para- comply with Federal law relating to the safety
‘‘(8) EVALUATION OF PROGRAM AND ANNUAL
graph shall be subject to uniform administrative of the public transportation system.
REPORT.—The Secretary shall continually evalu-
‘‘(B) NOTICE.—Before withholding funds from
requirements for grants and cooperative agree- ate the implementation of a State safety over-
a recipient, the Secretary shall provide to the re-
ments to State and local governments under part sight program by a State safety oversight agen-
cipient—
18 of title 49, Code of Federal Regulations, and cy, and shall submit on or before July 1 of each ‘‘(i) written notice of a violation and the
shall be subject to the requirements of this chap- year to the Committee on Banking, Housing, amount proposed to be withheld; and
ter as the Secretary determines appropriate. and Urban Affairs of the Senate and the Com- ‘‘(ii) a reasonable period of time within which
‘‘(C) GOVERNMENT SHARE.— mittee on Transportation and Infrastructure of the recipient may address the violation or pro-
‘‘(i) IN GENERAL.—The Government share of the House of Representatives a report on— pose and initiate an alternative means of com-
the reasonable cost of a State safety oversight ‘‘(A) the amount of funds apportioned to each pliance that the Secretary determines is accept-
program developed or carried out using a grant eligible State; and able.
under this paragraph shall be 80 percent. ‘‘(B) the certification status of each State ‘‘(h) COST-BENEFIT ANALYSIS.—
‘‘(ii) IN-KIND CONTRIBUTIONS.—Any calcula- safety oversight program, including what steps ‘‘(1) ANALYSIS REQUIRED.—In carrying out
tion of the non-Government share of a State a State program that has been denied certifi- this section, the Secretary shall take into con-
safety oversight program shall include in-kind cation must take in order to be certified. sideration the costs and benefits of each action
contributions by an eligible State. ‘‘(9) FEDERAL OVERSIGHT.—The Secretary the Secretary proposes to take under this sec-
‘‘(iii) NON-GOVERNMENT SHARE.—The non- shall— tion.
Government share of the cost of a State safety ‘‘(A) oversee the implementation of each State ‘‘(2) WAIVER.—The Secretary may waive the
oversight program developed or carried out safety oversight program under this subsection; requirement under this subsection if the Sec-
using a grant under this paragraph may not be ‘‘(B) audit the operations of each State safety retary determines that such a waiver is in the
met by— oversight agency at least once triennially; and public interest.
‘‘(I) any Federal funds; ‘‘(C) issue rules to carry out this subsection. ‘‘(i) CONSULTATION BY THE SECRETARY OF
‘‘(II) any funds received from a public trans- ‘‘(f) AUTHORITY OF SECRETARY.—In carrying HOMELAND SECURITY.—The Secretary of Home-
portation agency; or out this section, the Secretary may— land Security shall consult with the Secretary of
‘‘(III) any revenues earned by a public trans- ‘‘(1) conduct inspections, investigations, au- Transportation before the Secretary of Home-
portation agency. dits, examinations, and testing of the equip- land Security issues a rule or order that the Sec-
‘‘(iv) SAFETY TRAINING PROGRAM.—Recipients ment, facilities, rolling stock, and operations of retary of Transportation determines affects the
of funds made available to carry out sections the public transportation system of a recipient; safety of public transportation design, construc-
5307 and 5311 may use not more than 0.5 percent ‘‘(2) make reports and issue directives with re- tion, or operations.
of their formula funds to pay not more than 80 spect to the safety of the public transportation ‘‘(j) ACTIONS UNDER STATE LAW.—
percent of the cost of participation in the public system of a recipient; ‘‘(1) RULE OF CONSTRUCTION.—Nothing in this
transportation safety certification training pro- ‘‘(3) in conjunction with an accident inves- section shall be construed to preempt an action
gram established under subsection (c), by an em- tigation or an investigation into a pattern or under State law seeking damages for personal
ployee of a State safety oversight agency or a practice of conduct that negatively affects pub- injury, death, or property damage alleging that
recipient who is directly responsible for safety lic safety, issue a subpoena to, and take the a party has failed to comply with—
oversight. deposition of, any employee of a recipient or a ‘‘(A) a Federal standard of care established by
‘‘(7) CERTIFICATION PROCESS.— State safety oversight agency, if— a regulation or order issued by the Secretary
‘‘(A) IN GENERAL.—Not later than 1 year after ‘‘(A) before the issuance of the subpoena, the under this section; or
the date of enactment of the Federal Public Secretary requests a determination by the Attor- ‘‘(B) its own program, rule, or standard that
Transportation Act of 2012, the Secretary shall ney General of the United States as to whether it created pursuant to a rule or order issued by
determine whether or not each State safety over- the subpoena will interfere with an ongoing the Secretary.
sight program meets the requirements of this criminal investigation; and ‘‘(2) EFFECTIVE DATE.—This subsection shall
subsection and the State safety oversight pro- ‘‘(B) the Attorney General— apply to any cause of action under State law
gram is adequate to promote the purposes of this ‘‘(i) determines that the subpoena will not arising from an event or activity occurring on or
section. interfere with an ongoing criminal investiga- after the date of enactment of the Federal Pub-
‘‘(B) ISSUANCE OF CERTIFICATIONS AND DENI- tion; or lic Transportation Act of 2012.
ALS.—The Secretary shall issue a certification to ‘‘(ii) fails to make a determination under ‘‘(3) JURISDICTION.—Nothing in this section
each eligible State that the Secretary determines clause (i) before the date that is 30 days after shall be construed to create a cause of action
under subparagraph (A) adequately meets the the date on which the Secretary makes a request under Federal law on behalf of an injured party
requirements of this subsection, and shall issue under subparagraph (A); or confer Federal question jurisdiction for a
a denial of certification to each eligible State ‘‘(4) require the production of documents by, State law cause of action.
that the Secretary determines under subpara- and prescribe recordkeeping and reporting re- ‘‘(k) NATIONAL PUBLIC TRANSPORTATION SAFE-
graph (A) does not adequately meet the require- quirements for, a recipient or a State safety TY REPORT.—Not later than 3 years after the
ments of this subsection. oversight agency; date of enactment of the Federal Public Trans-
‘‘(C) DISAPPROVAL.—If the Secretary deter- ‘‘(5) investigate public transportation acci- portation Act of 2012, the Secretary shall submit
mines that a State safety oversight program does dents and incidents and provide guidance to re- to the Committee on Banking, Housing, and
not meet the requirements of this subsection and cipients regarding prevention of accidents and Urban Affairs of the Senate and the Committee
denies certification, the Secretary shall transmit incidents; on Transportation and Infrastructure of the
to the eligible State a written explanation and ‘‘(6) at reasonable times and in a reasonable House of Representatives a report that—
allow the eligible State to modify and resubmit manner, enter and inspect equipment, facilities, ‘‘(1) analyzes public transportation safety
the State safety oversight program for approval. rolling stock, operations, and relevant records of trends among the States and documents the
most effective safety programs implemented funded public transportation projects, programs, ‘‘(B) 50 percent of the total amount appor-
using grants under this section; and and activities; tioned multiplied by a ratio for the area based
‘‘(2) describes the effect on public transpor- (B) recommendations for improvements if the on population weighted by a factor, established
tation safety of activities carried out using Comptroller General determines that improve- by the Secretary, of the number of inhabitants
grants under this section.’’. ments are necessary; and in each square mile; and
(b) BUS SAFETY STUDY.— (C) information upon which the evaluation ‘‘(2) 90.68 percent shall be apportioned each
(1) DEFINITION.—In this subsection, the term under paragraph (1) is based. fiscal year only in urbanized areas with popu-
‘‘highway route’’ means a route where 50 per- SEC. 20024. ADMINISTRATIVE PROVISIONS. lations of at least 200,000 as provided in sub-
cent or more of the route is on roads having a Section 5334 of title 49, United States Code, is sections (b) and (c) of this section.
speed limit of more than 45 miles per hour. amended— ‘‘(b) BASED ON FIXED GUIDEWAY VEHICLE
(2) STUDY.—Not later than 180 days after the (1) in subsection (a)(1), by striking ‘‘under REVENUE MILES, DIRECTIONAL ROUTE MILES,
date of enactment of this Act, the Secretary of AND PASSENGER MILES.—(1) In this subsection,
sections 5307 and 5309–5311 of this title’’ and in-
Transportation shall submit to the Committee on serting ‘‘that receives Federal financial assist- ‘fixed guideway vehicle revenue miles’ and
Banking, Housing, and Urban Affairs of the ance under this chapter’’; ‘fixed guideway directional route miles’ include
Senate and the Committee on Transportation (2) in subsection (b)(1)— passenger ferry operations directly or under
and Infrastructure of the House of Representa- (A) by inserting after ‘‘emergency,’’ the fol- contract by the designated recipient.
tives a report that— ‘‘(2) Of the amount apportioned under sub-
lowing: ‘‘or for purposes of establishing and en-
(A) examines the safety of public transpor- section (a)(2) of this section, 33.29 percent shall
forcing a program to improve the safety of pub-
tation buses that travel on highway routes; be apportioned as follows:
lic transportation systems in the United States ‘‘(A) 95.61 percent of the total amount appor-
(B) examines laws and regulations that apply as described in section 5329,’’; and tioned under this subsection shall be appor-
to commercial over-the-road buses; and (B) by striking ‘‘chapter, nor may the Sec- tioned so that each urbanized area with a popu-
(C) makes recommendations as to whether ad- retary’’ and inserting ‘‘chapter. The Secretary lation of at least 200,000 is entitled to receive an
ditional safety measures should be required for may not’’; amount equal to—
public transportation buses that travel on high- (3) in subsection (c)(4), by striking ‘‘section ‘‘(i) 60 percent of the 95.61 percent appor-
way routes. (except subsection (i)) and sections 5318(e), tioned under this subparagraph multiplied by a
SEC. 20022. ALCOHOL AND CONTROLLED SUB- 5323(a)(2), 5325(a), 5325(b), and 5325(f)’’ and in- ratio equal to the number of fixed guideway ve-
STANCES TESTING. serting ‘‘subsection’’; hicle revenue miles attributable to the area, as
Section 5331 of title 49, United States Code, is (4) in subsection (h)(3), by striking ‘‘another’’ established by the Secretary, divided by the
amended by striking subsection (g) and inserting and inserting ‘‘any other’’; total number of all fixed guideway vehicle rev-
the following: (5) in subsection (i)(1), by striking ‘‘title 23 enue miles attributable to all areas; and
‘‘(g) CONDITIONS ON FEDERAL ASSISTANCE.— shall’’ and inserting ‘‘title 23 may’’; ‘‘(ii) 40 percent of the 95.61 percent appor-
‘‘(1) INELIGIBILITY FOR ASSISTANCE.—A person (6) by striking subsection (j); and tioned under this subparagraph multiplied by a
that receives funds under this chapter is not eli- (7) by redesignating subsections (k) and (l) as ratio equal to the number of fixed guideway di-
gible for financial assistance under section 5307, subsections (j) and (k), respectively. rectional route miles attributable to the area, es-
5309, or 5311 of this title if the person is re- SEC. 20025. NATIONAL TRANSIT DATABASE. tablished by the Secretary, divided by the total
quired, under regulations the Secretary pre- (a) AMENDMENTS.—Section 5335 of title 49, number of all fixed guideway directional route
scribes under this section, to establish a program United States Code, is amended— miles attributable to all areas.
of alcohol and controlled substances testing and (1) in subsection (a), by striking ‘‘public An urbanized area with a population of at least
does not establish the program in accordance transportation financial and operating informa- 750,000 in which commuter rail transportation is
with this section. tion’’ and inserting ‘‘public transportation fi- provided shall receive at least .75 percent of the
‘‘(2) ADDITIONAL REMEDIES.—If the Secretary nancial, operating, and asset condition informa- total amount apportioned under this subpara-
determines that a person that receives funds tion’’; and graph.
under this chapter is not in compliance with (2) by adding at the end the following: ‘‘(B) 4.39 percent of the total amount appor-
regulations prescribed under this section, the ‘‘(c) DATA REQUIRED TO BE REPORTED.—The tioned under this subsection shall be appor-
Secretary may bar the person from receiving recipient of a grant under this chapter shall re- tioned so that each urbanized area with a popu-
Federal transit assistance in an amount the Sec- port to the Secretary, for inclusion in the Na- lation of at least 200,000 is entitled to receive an
retary considers appropriate.’’. tional Transit Database, any information relat- amount equal to—
SEC. 20023. NONDISCRIMINATION. ing to a transit asset inventory or condition as- ‘‘(i) the number of fixed guideway vehicle pas-
sessment conducted by the recipient.’’. senger miles traveled multiplied by the number
(a) AMENDMENTS.—Section 5332 of title 49,
(b) DATA ACCURACY AND RELIABILITY.—The of fixed guideway vehicle passenger miles trav-
United States Code, is amended—
Secretary shall— eled for each dollar of operating cost in an area;
(1) in subsection (b)—
(1) develop and implement appropriate inter- divided by
(A) by striking ‘‘creed’’ and inserting ‘‘reli- ‘‘(ii) the total number of fixed guideway vehi-
nal control activities to ensure that public
gion’’; and cle passenger miles traveled multiplied by the
transportation safety incident data is reported
(B) by inserting ‘‘disability,’’ after ‘‘sex,’’; total number of fixed guideway vehicle pas-
accurately and reliably by public transportation
and senger miles traveled for each dollar of oper-
systems and State safety oversight agencies to
(2) in subsection (d)(3), by striking ‘‘and’’ and ating cost in all areas.
the State Safety Oversight Rail Accident Data-
inserting ‘‘or’’. An urbanized area with a population of at least
base; and
(b) EVALUATION AND REPORT.— 750,000 in which commuter rail transportation is
(2) report to the Committee on Banking, Hous-
(1) EVALUATION.—The Comptroller General of provided shall receive at least .75 percent of the
ing, and Urban Affairs of the Senate and the
the United States shall evaluate the progress total amount apportioned under this subpara-
Committee on Transportation and Infrastruc-
and effectiveness of the Federal Transit Admin- graph.
ture of the House of Representatives within 1
istration in assisting recipients of assistance ‘‘(C) Under subparagraph (A) of this para-
year of enactment of the Federal Public Trans-
under chapter 53 of title 49, United States Code, graph, fixed guideway vehicle revenue or direc-
portation Act of 2012 on the steps taken to im-
to comply with section 5332(b) of title 49, includ- tional route miles, and passengers served on
prove the accuracy and reliability of public
ing— those miles, in an urbanized area with a popu-
transportation safety incident data reported to
(A) by reviewing discrimination complaints, lation of less than 200,000, where the miles and
the State Safety Oversight Rail Accident Data-
reports, and other relevant information collected passengers served otherwise would be attrib-
base.
or prepared by the Federal Transit Administra- utable to an urbanized area with a population
SEC. 20026. APPORTIONMENT OF APPROPRIA-
tion or recipients of assistance from the Federal of at least 1,000,000 in an adjacent State, are at-
TIONS FOR FORMULA GRANTS.
Transit Administration pursuant to any appli- tributable to the governmental authority in the
cable civil rights statute, regulation, or other re- Section 5336 of title 49, United States Code, is
amended to read as follows: State in which the urbanized area with a popu-
quirement; and lation of less than 200,000 is located. The au-
(B) by reviewing the process that the Federal ‘‘§ 5336. Apportionment of appropriations for thority is deemed an urbanized area with a pop-
Transit Administration uses to resolve discrimi- formula grants ulation of at least 200,000 if the authority makes
nation complaints filed by members of the pub- ‘‘(a) BASED ON URBANIZED AREA POPU- a contract for the service.
lic. LATION.—Of the amount apportioned under sub- ‘‘(D) A recipient’s apportionment under sub-
(2) REPORT.—Not later than 1 year after the section (h)(4) to carry out section 5307— paragraph (A)(i) of this paragraph may not be
date of enactment of this Act, the Comptroller ‘‘(1) 9.32 percent shall be apportioned each fis- reduced if the recipient, after satisfying the Sec-
General shall submit to the Committee on Bank- cal year only in urbanized areas with a popu- retary that energy or operating efficiencies
ing, Housing, and Urban Affairs of the Senate lation of less than 200,000 so that each of those would be achieved, reduces vehicle revenue
and the Committee on Transportation and In- areas is entitled to receive an amount equal to— miles but provides the same frequency of rev-
frastructure of the House of Representatives a ‘‘(A) 50 percent of the total amount appor- enue service to the same number of riders.
report concerning the evaluation under para- tioned multiplied by a ratio equal to the popu- ‘‘(E) For purposes of subparagraph (A) and
graph (1) that includes— lation of the area divided by the total popu- section 5337(c)(3), the Secretary shall deem to be
(A) a description of the ability of the Federal lation of all urbanized areas with populations of attributable to an urbanized area not less than
Transit Administration to address discrimina- less than 200,000 as shown in the most recent de- 22.27 percent of the fixed guideway vehicle rev-
tion and foster equal opportunities in federally cennial census; and enue miles or fixed guideway directional route
miles in the public transportation system of a relation of less than 200,000 an amount appor- be apportioned among eligible areas in the ratio
cipient that are located outside the urbanized tioned under this section that is not apportioned that—
area for which the recipient receives funds, in to a designated recipient, as defined in section ‘‘(i) the number of performance categories for
addition to the fixed guideway vehicle revenue 5302(4). which each eligible area meets or exceeds the in-
miles or fixed guideway directional route miles ‘‘(f) TRANSFERS OF APPORTIONMENTS.—(1) The dustry average in urbanized areas with a popu-
of the recipient that are located inside the ur- Governor of a State may transfer any part of lation of at least 200,000 but not more than
banized area. the State’s apportionment under subsection 999,999; bears to
‘‘(c) BASED ON BUS VEHICLE REVENUE MILES (a)(1) of this section to supplement amounts ap- ‘‘(ii) the aggregate number of performance
AND PASSENGER MILES.—Of the amount appor- portioned to the State under section 5311(c)(3). categories for which all eligible areas meet or ex-
tioned under subsection (a)(2) of this section, The Governor may make a transfer only after ceed the industry average in urbanized areas
66.71 percent shall be apportioned as follows: consulting with responsible local officials and with a population of at least 200,000 but not
‘‘(1) 90.8 percent of the total amount appor- publicly owned operators of public transpor- more than 999,999.
tioned under this subsection shall be appor- tation in each area for which the amount origi- ‘‘(B) DATA USED IN FORMULA.—The Secretary
tioned as follows: nally was apportioned under this section. shall calculate apportionments under this sub-
‘‘(A) 73.39 percent of the 90.8 percent appor- ‘‘(2) The Governor of a State may transfer any section for a fiscal year using data from the na-
tioned under this paragraph shall be appor- part of the State’s apportionment under section tional transit database used to calculate appor-
tioned so that each urbanized area with a popu- 5311(c)(3) to supplement amounts apportioned to tionments for that fiscal year under this section.
lation of at least 1,000,000 is entitled to receive the State under subsection (a)(1) of this section. ‘‘(j) APPORTIONMENT FORMULA.—The amounts
an amount equal to— ‘‘(3) The Governor of a State may use apportioned under subsection (h)(2) shall be ap-
‘‘(i) 50 percent of the 73.39 percent appor- throughout the State amounts of a State’s apportioned among urbanized areas as follows:
tioned under this subparagraph multiplied by a portionment remaining available for obligation ‘‘(1) 75 percent of the funds shall be appor-
ratio equal to the total bus vehicle revenue miles at the beginning of the 90-day period before the tioned among designated recipients for urban-
operated in or directly serving the urbanized period of the availability of the amounts expires. ized areas with a population of 200,000 or more
area divided by the total bus vehicle revenue ‘‘(4) A designated recipient for an urbanized in the ratio that—
miles attributable to all areas; area with a population of at least 200,000 may ‘‘(A) the number of eligible low-income indi-
‘‘(ii) 25 percent of the 73.39 percent appor- transfer a part of its apportionment under this viduals in each such urbanized area; bears to
tioned under this subparagraph multiplied by a section to the Governor of a State. The Governor ‘‘(B) the number of eligible low-income indi-
ratio equal to the population of the area divided shall distribute the transferred amounts to ur- viduals in all such urbanized areas.
by the total population of all areas, as shown in banized areas under this section. ‘‘(2) 25 percent of the funds shall be appor-
the most recent decennial census; and ‘‘(5) Capital and operating assistance limita- tioned among designated recipients for urban-
‘‘(iii) 25 percent of the 73.39 percent appor- tions applicable to the original apportionment ized areas with a population of less than 200,000
tioned under this subparagraph multiplied by a apply to amounts transferred under this sub- in the ratio that—
ratio for the area based on population weighted section. ‘‘(A) the number of eligible low-income indi-
by a factor, established by the Secretary, of the ‘‘(g) PERIOD OF AVAILABILITY TO RECIPI- viduals in each such urbanized area; bears to
number of inhabitants in each square mile. ENTS.—An amount apportioned under this sec- ‘‘(B) the number of eligible low-income indi-
‘‘(B) 26.61 percent of the 90.8 percent apportion may be obligated by the recipient for 5 viduals in all such urbanized areas.’’.
tioned under this paragraph shall be appor- years after the fiscal year in which the amount SEC. 20027. STATE OF GOOD REPAIR GRANTS.
tioned so that each urbanized area with a popu- is apportioned. Not later than 30 days after the Section 5337 of title 49, United States Code, is
lation of at least 200,000 but not more than end of the 5-year period, an amount that is not amended to read as follows:
999,999 is entitled to receive an amount equal obligated at the end of that period shall be ‘‘§ 5337. State of good repair grants
to— added to the amount that may be apportioned ‘‘(a) DEFINITIONS.—In this section, the fol-
‘‘(i) 50 percent of the 26.61 percent appor- under this section in the next fiscal year. lowing definitions shall apply:
tioned under this subparagraph multiplied by a ‘‘(h) APPORTIONMENTS.—Of the amounts made ‘‘(1) FIXED GUIDEWAY.—The term ‘fixed guide-
ratio equal to the total bus vehicle revenue miles available for each fiscal year under section way’ means a public transportation facility—
operated in or directly serving the urbanized 5338(a)(2)(C)— ‘‘(A) using and occupying a separate right-of-
area divided by the total bus vehicle revenue ‘‘(1) $30,000,000 shall be set aside to carry out way for the exclusive use of public transpor-
miles attributable to all areas; section 5307(h); tation;
‘‘(ii) 25 percent of the 26.61 percent appor- ‘‘(2) 3.07 percent shall be apportioned to ur- ‘‘(B) using rail;
tioned under this subparagraph multiplied by a banized areas in accordance with subsection (j); ‘‘(C) using a fixed catenary system;
ratio equal to the population of the area divided ‘‘(3) of amounts not apportioned under para- ‘‘(D) for a passenger ferry system; or
by the total population of all areas, as shown by graphs (1) and (2), 1.5 percent shall be appor- ‘‘(E) for a bus rapid transit system.
the most recent decennial census; and tioned to urbanized areas with populations of ‘‘(2) STATE.—The term ‘State’ means the 50
‘‘(iii) 25 percent of the 26.61 percent appor- less than 200,000 in accordance with subsection States, the District of Columbia, and Puerto
tioned under this subparagraph multiplied by a (i); Rico.
ratio for the area based on population weighted ‘‘(4) 0.5 percent shall be apportioned to eligi- ‘‘(3) STATE OF GOOD REPAIR.—The term ‘state
by a factor, established by the Secretary, of the ble States for State safety oversight program of good repair’ has the meaning given that term
number of inhabitants in each square mile. grants in accordance with section 5329(e)(6); by the Secretary, by rule, under section 5326(b).
‘‘(2) 9.2 percent of the total amount appor- and ‘‘(4) TRANSIT ASSET MANAGEMENT PLAN.—The
tioned under this subsection shall be appor- ‘‘(5) any amount not apportioned under para- term ‘transit asset management plan’ means a
tioned so that each urbanized area with a popu- graphs (1), (2), (3), and (4) shall be apportioned plan developed by a recipient of funding under
lation of at least 200,000 is entitled to receive an to urbanized areas in accordance with sub- this chapter that—
amount equal to— sections (a) through (c). ‘‘(A) includes, at a minimum, capital asset in-
‘‘(A) the number of bus passenger miles trav- ‘‘(i) SMALL TRANSIT INTENSIVE CITIES FOR- ventories and condition assessments, decision
eled multiplied by the number of bus passenger MULA.— support tools, and investment prioritization; and
miles traveled for each dollar of operating cost ‘‘(1) DEFINITIONS.—In this subsection, the fol- ‘‘(B) the recipient certifies that the recipient
in an area; divided by lowing definitions apply: complies with the rule issued under section
‘‘(B) the total number of bus passenger miles ‘‘(A) ELIGIBLE AREA.—The term ‘eligible area’ 5326(d).
traveled multiplied by the total number of bus means an urbanized area with a population of ‘‘(b) GENERAL AUTHORITY.—
passenger miles traveled for each dollar of oper- less than 200,000 that meets or exceeds in one or ‘‘(1) ELIGIBLE PROJECTS.—The Secretary may
ating cost in all areas. more performance categories the industry aver- make grants under this section to assist State
‘‘(d) DATE OF APPORTIONMENT.—The Sec- age for all urbanized areas with a population of and local governmental authorities in financing
retary shall— at least 200,000 but not more than 999,999, as de- capital projects to maintain public transpor-
‘‘(1) apportion amounts appropriated under termined by the Secretary in accordance with tation systems in a state of good repair, includ-
section 5338(a)(2)(C) of this title to carry out subsection (c)(2). ing projects to replace and rehabilitate—
section 5307 of this title not later than the 10th ‘‘(B) PERFORMANCE CATEGORY.—The term ‘‘(A) rolling stock;
day after the date the amounts are appropriated ‘performance category’ means each of the fol- ‘‘(B) track;
or October 1 of the fiscal year for which the lowing: ‘‘(C) line equipment and structures;
amounts are appropriated, whichever is later; ‘‘(i) Passenger miles traveled per vehicle rev- ‘‘(D) signals and communications;
and enue mile. ‘‘(E) power equipment and substations;
‘‘(2) publish apportionments of the amounts, ‘‘(ii) Passenger miles traveled per vehicle rev- ‘‘(F) passenger stations and terminals;
including amounts attributable to each urban- enue hour. ‘‘(G) security equipment and systems;
ized area with a population of more than 50,000 ‘‘(iii) Vehicle revenue miles per capita. ‘‘(H) maintenance facilities and equipment;
and amounts attributable to each State of a ‘‘(iv) Vehicle revenue hours per capita. ‘‘(I) operational support equipment, including
multistate urbanized area, on the apportionment ‘‘(v) Passenger miles traveled per capita. computer hardware and software;
date. ‘‘(vi) Passengers per capita. ‘‘(J) development and implementation of a
‘‘(e) AMOUNTS NOT APPORTIONED TO DES- ‘‘(2) APPORTIONMENT.— transit asset management plan; and
IGNATED RECIPIENTS.—The Governor of a State ‘‘(A) APPORTIONMENT FORMULA.—The amount ‘‘(K) other replacement and rehabilitation
may expend in an urbanized area with a popu- to be apportioned under subsection (h)(3) shall projects the Secretary determines appropriate.
‘‘(2) INCLUSION IN PLAN.—A recipient shall in- Transportation Equity Act for the 21st Century able to provide financial assistance for services
clude a project carried out under paragraph (1) (Public Law 105–178; 112 Stat. 366) shall receive for the enhanced mobility of seniors and indi-
in the transit asset management plan of the re- an individual apportionment under this sub- viduals with disabilities under section 5310;
cipient upon completion of the plan. section. ‘‘(E) $599,500,000 for fiscal year 2013 and
‘‘(c) HIGH INTENSITY FIXED GUIDEWAY STATE ‘‘(7) APPORTIONMENT REQUIREMENTS.—For $607,800,000 for fiscal year 2014 shall be avail-
OF GOOD REPAIR FORMULA.— purposes of determining the number of fixed able to provide financial assistance for rural
‘‘(1) IN GENERAL.—Of the amount authorized guideway vehicle revenue miles or fixed guide- areas under section 5311, of which not less than
or made available under section 5338(a)(2)(I), way directional route miles attributable to an $30,000,000 for fiscal year 2013 and $30,000,000
97.15 percent shall be apportioned to recipients urbanized area for a fiscal year under this sub- for fiscal year 2014 shall be available to carry
in accordance with this subsection. section, only segments of fixed guideway sys- out section 5311(c)(1) and $20,000,000 for fiscal
‘‘(2) AREA SHARE.— tems placed in revenue service not later than 7 year 2013 and $20,000,000 for fiscal year 2014
‘‘(A) IN GENERAL.—50 percent of the amount years before the first day of the fiscal year shall shall be available to carry out section 5311(c)(2);
described in paragraph (1) shall be apportioned be deemed to be attributable to an urbanized ‘‘(F) $3,000,000 for each of fiscal years 2013
for fixed guideway systems in accordance with area. and 2014 shall be available for bus testing under
this paragraph. ‘‘(d) HIGH INTENSITY MOTORBUS STATE OF section 5318;
‘‘(B) SHARE.—A recipient shall receive an GOOD REPAIR.— ‘‘(G) $5,000,000 for each of fiscal years 2013
amount equal to the amount described in sub- ‘‘(1) DEFINITION.—For purposes of this sub- and 2014 shall be available for the national
paragraph (A), multiplied by the amount the re- section, the term ‘high intensity motorbus’ transit institute under section 5322(d);
cipient would have received under this section, means public transportation that is provided on ‘‘(H) $3,850,000 for each of fiscal years 2013
as in effect for fiscal year 2011, if the amount a facility with access for other high-occupancy and 2014 shall be available to carry out section
had been calculated in accordance with section vehicles. 5335;
5336(b)(1) and using the definition of the term ‘‘(2) APPORTIONMENT.—Of the amount author- ‘‘(I) $2,136,300,000 for fiscal year 2013 and
‘fixed guideway’ under subsection (a) of this ized or made available under section $2,165,900,000 for fiscal year 2014 shall be avail-
section, as such sections are in effect on the day 5338(a)(2)(I), 2.85 percent shall be apportioned able to carry out section 5337;
after the date of enactment of the Federal Pub- to urbanized areas for high intensity motorbus ‘‘(J) $422,000,000 for fiscal year 2013 and
lic Transportation Act of 2012, and divided by state of good repair in accordance with this sub- $427,800,000 for fiscal year 2014 shall be avail-
the total amount apportioned for all areas section. able for the bus and bus facilities program
under this section for fiscal year 2011. ‘‘(3) VEHICLE REVENUE MILES AND DIREC- under section 5339; and
‘‘(C) RECIPIENT.—For purposes of this para- TIONAL ROUTE MILES.— ‘‘(K) $518,700,000 for fiscal year 2013 and
graph, the term ‘recipient’ means an entity that ‘‘(A) IN GENERAL.—The amount described in $525,900,000 for fiscal year 2014 shall be allo-
received funding under this section, as in effect paragraph (2) shall be apportioned to each area cated in accordance with section 5340 to provide
for fiscal year 2011. in accordance with this paragraph. financial assistance for urbanized areas under
‘‘(3) VEHICLE REVENUE MILES AND DIREC- ‘‘(B) VEHICLE REVENUE MILES.—Each area section 5307 and rural areas under section 5311.
TIONAL ROUTE MILES.— shall receive an amount equal to 60 percent of ‘‘(b) RESEARCH, DEVELOPMENT DEMONSTRA-
‘‘(A) IN GENERAL.—50 percent of the amount the amount described in subparagraph (A), mul- TION AND DEPLOYMENT PROJECTS.—There are
described in paragraph (1) shall be apportioned tiplied by the number of high intensity motorbus authorized to be appropriated to carry out sec-
to recipients in accordance with this paragraph. vehicle revenue miles attributable to the area, as tion 5312, $70,000,000 for fiscal year 2013 and
‘‘(B) VEHICLE REVENUE MILES.—A recipient in established by the Secretary, divided by the $70,000,000 for fiscal year 2014.
an urbanized area shall receive an amount total number of all high intensity motorbus ve- ‘‘(c) TRANSIT COOPERATIVE RESEARCH PRO-
equal to 60 percent of the amount described in hicle revenue miles attributable to all areas. GRAM.—There are authorized to be appropriated
subparagraph (A), multiplied by the number of ‘‘(C) DIRECTIONAL ROUTE MILES.—Each area to carry out section 5313, $7,000,000 for fiscal
fixed guideway vehicle revenue miles attrib- shall receive an amount equal to 40 percent of year 2013 and $7,000,000 for fiscal year 2014.
utable to the urbanized area, as established by the amount described in subparagraph (A), mul- ‘‘(d) TECHNICAL ASSISTANCE AND STANDARDS
the Secretary, divided by the total number of all tiplied by the number of high intensity motorbus DEVELOPMENT.—There are authorized to be ap-
fixed guideway vehicle revenue miles attrib- directional route miles attributable to the area, propriated to carry out section 5314, $7,000,000
utable to all urbanized areas. as established by the Secretary, divided by the for fiscal year 2013 and $7,000,000 for fiscal year
‘‘(C) DIRECTIONAL ROUTE MILES.—A recipient total number of all high intensity motorbus di- 2014.
in an urbanized area shall receive an amount rectional route miles attributable to all areas. ‘‘(e) HUMAN RESOURCES AND TRAINING.—There
equal to 40 percent of the amount described in ‘‘(4) APPORTIONMENT REQUIREMENTS.—For are authorized to be appropriated to carry out
subparagraph (A), multiplied by the number of purposes of determining the number of high in- subsections (a), (b), (c), and (e) of section 5322,
fixed guideway directional route miles attrib- tensity motorbus vehicle revenue miles or high $5,000,000 for fiscal year 2013 and $5,000,000 for
utable to the urbanized area, as established by intensity motorbus directional route miles attrib- fiscal year 2014.
the Secretary, divided by the total number of all utable to an urbanized area for a fiscal year ‘‘(f) EMERGENCY RELIEF PROGRAM.—There are
fixed guideway directional route miles attrib- under this subsection, only segments of high in- authorized to be appropriated such sums as are
utable to all urbanized areas. tensity motorbus systems placed in revenue serv- necessary to carry out section 5324.
‘‘(4) LIMITATION.— ice not later than 7 years before the first day of ‘‘(g) CAPITAL INVESTMENT GRANTS.—There are
‘‘(A) IN GENERAL.—Except as provided in sub- the fiscal year shall be deemed to be attributable authorized to be appropriated to carry out sec-
paragraph (B), the share of the total amount to an urbanized area.’’. tion 5309, $1,907,000,000 for fiscal year 2013 and
apportioned under this subsection that is appor- SEC. 20028. AUTHORIZATIONS. $1,907,000,000 for fiscal year 2014.
tioned to an area under this subsection shall not ‘‘(h) ADMINISTRATION.—
decrease by more than 0.25 percentage points ‘‘(1) IN GENERAL.—There are authorized to be
compared to the share apportioned to the area appropriated to carry out section 5334,
under this subsection in the previous fiscal year. ‘‘§ 5338. Authorizations $104,000,000 for fiscal year 2013 and $104,000,000
‘‘(B) SPECIAL RULE FOR FISCAL YEAR 2013.—In ‘‘(a) FORMULA GRANTS.— for fiscal year 2014.
fiscal year 2013, the share of the total amount ‘‘(1) IN GENERAL.—There shall be available ‘‘(2) SECTION 5329.—Of the amounts authorized
apportioned under this subsection that is appor- from the Mass Transit Account of the Highway to be appropriated under paragraph (1), not less
tioned to an area under this subsection shall not Trust Fund to carry out sections 5305, 5307, than $5,000,000 shall be available to carry out
decrease by more than 0.25 percentage points 5310, 5311, 5318, 5322(d), 5335, 5337, 5339, and section 5329.
compared to the share that would have been ap- 5340, and section 20005(b) of the Federal Public ‘‘(3) SECTION 5326.—Of the amounts made
portioned to the area under this section, as in Transportation Act of 2012, $8,478,000,000 for fis- available under paragraph (2), not less than
effect for fiscal year 2011, if the share had been cal year 2013 and $8,595,000,000 for fiscal year $1,000,000 shall be available to carry out section
calculated using the definition of the term ‘fixed 2014. 5326.
guideway’ under subsection (a) of this section, ‘‘(2) ALLOCATION OF FUNDS.—Of the amounts ‘‘(i) OVERSIGHT.—
as in effect on the day after the date of enact- made available under paragraph (1)— ‘‘(1) IN GENERAL.—Of the amounts made avail-
ment of the Federal Public Transportation Act ‘‘(A) $126,900,000 for fiscal year 2013 and able to carry out this chapter for a fiscal year,
of 2012. $128,800,000 for fiscal year 2014 shall be avail- the Secretary may use not more than the fol-
‘‘(5) USE OF FUNDS.—Amounts made available able to carry out section 5305; lowing amounts for the activities described in
under this subsection shall be available for the ‘‘(B) $10,000,000 for each of fiscal years 2013 paragraph (2):
exclusive use of fixed guideway projects. and 2014 shall be available to carry out section ‘‘(A) 0.5 percent of amounts made available to
‘‘(6) RECEIVING APPORTIONMENT.— 20005(b) of the Federal Public Transportation carry out section 5305.
‘‘(A) IN GENERAL.—Except as provided in sub- Act of 2012; ‘‘(B) 0.75 percent of amounts made available
paragraph (B), for an area with a fixed guide- ‘‘(C) $4,397,950,000 for fiscal year 2013 and to carry out section 5307.
way system, the amounts provided under this $4,458,650,000 for fiscal year 2014 shall be allo- ‘‘(C) 1 percent of amounts made available to
subsection shall be apportioned to the des- cated in accordance with section 5336 to provide carry out section 5309.
ignated recipient for the urbanized area in financial assistance for urbanized areas under ‘‘(D) 1 percent of amounts made available to
which the system operates. section 5307; carry out section 601 of the Passenger Rail In-
‘‘(B) EXCEPTION.—An area described in the ‘‘(D) $254,800,000 for fiscal year 2013 and vestment and Improvement Act of 2008 (Public
amendment made by section 3028(a) of the $258,300,000 for fiscal year 2014 shall be avail- Law 110–432; 126 Stat. 4968).
‘‘(E) 0.5 percent of amounts made available to ‘‘(1) TRANSFER FLEXIBILITY FOR NATIONAL DIS- (e) SECTION 5330.—Effective 3 years after the
carry out section 5310. TRIBUTION FUNDS.—The Governor of a State effective date of the final rules issued by the
‘‘(F) 0.5 percent of amounts made available to may transfer any part of the State’s apportion- Secretary of Transportation under section
carry out section 5311. ment under subsection (d)(1) to supplement 5329(e) of title 49, United States Code, as amend-
‘‘(G) 0.75 percent of amounts made available amounts apportioned to the State under section ed by this division, section 5330 of title 49,
to carry out section 5337(c). 5311(c) of this title or amounts apportioned to United States Code, is repealed.
‘‘(2) ACTIVITIES.—The activities described in urbanized areas under subsections (a) and (c) of (f) SECTION 5331.—Section 5331 of title 49,
this paragraph are as follows: section 5336 of this title. United States Code, is amended by striking
‘‘(A) Activities to oversee the construction of a ‘‘(2) TRANSFER FLEXIBILITY FOR POPULATION ‘‘Secretary of Transportation’’ each place that
major capital project. AND SERVICE FACTORS FUNDS.—The Governor of term appears and inserting ‘‘Secretary’’.
‘‘(B) Activities to review and audit the safety a State may expend in an urbanized area with (g) SECTION 5332.—Section 5332(c)(1) of title
and security, procurement, management, and fi- a population of less than 200,000 any amounts 49, United States Code, is amended by striking
nancial compliance of a recipient or subrecipient apportioned under subsection (d)(2) that are not ‘‘of Transportation’’.
of funds under this chapter. allocated to designated recipients in urbanized (h) SECTION 5333.—Section 5333(a) of title 49,
‘‘(C) Activities to provide technical assistance areas with a population of 200,000 or more. United States Code, is amended by striking ‘‘sec-
generally, and to provide technical assistance to ‘‘(f) GOVERNMENT’S SHARE OF COSTS.— tions 3141–3144’’ and inserting ‘‘sections 3141
correct deficiencies identified in compliance re- ‘‘(1) CAPITAL PROJECTS.—A grant for a capital through 3144’’.
views and audits carried out under this section. project under this section shall be for 80 percent (i) SECTION 5334.—Section 5334 of title 49,
‘‘(3) GOVERNMENT SHARE OF COSTS.—The Gov- of the net capital costs of the project. A recipi- United States Code, is amended—
ernment shall pay the entire cost of carrying out ent of a grant under this section may provide (1) in subsection (c)—
a contract under this subsection. additional local matching amounts. (A) by striking ‘‘Secretary of Transportation’’
‘‘(4) AVAILABILITY OF CERTAIN FUNDS.—Funds ‘‘(2) REMAINING COSTS.—The remainder of the each place that term appears and inserting
made available under paragraph (1)(C) shall be net project cost shall be provided— ‘‘Secretary’’; and
made available to the Secretary before allo- ‘‘(A) in cash from non-Government sources (B) in paragraph (1), by striking ‘‘Committees
cating the funds appropriated to carry out any other than revenues from providing public on Transportation and Infrastructure and Ap-
project under a full funding grant agreement. transportation services; propriations of the House of Representatives
‘‘(j) GRANTS AS CONTRACTUAL OBLIGATIONS.— ‘‘(B) from revenues derived from the sale of
and the Committees on Banking, Housing, and
‘‘(1) GRANTS FINANCED FROM HIGHWAY TRUST advertising and concessions;
Urban Affairs and Appropriations of the Sen-
FUND.—A grant or contract that is approved by ‘‘(C) from an undistributed cash surplus, a re-
ate’’ and inserting ‘‘Committee on Banking,
the Secretary and financed with amounts made placement or depreciation cash fund or reserve,
Housing, and Urban Affairs and the Committee
available from the Mass Transit Account of the or new capital; or
‘‘(D) from amounts received under a service on Appropriations of the Senate and the Com-
Highway Trust Fund pursuant to this section is mittee on Transportation and Infrastructure
a contractual obligation of the Government to agreement with a State or local social service
agency or private social service organization. and the Committee on Appropriations of the
pay the Government share of the cost of the House of Representatives’’;
‘‘(g) PERIOD OF AVAILABILITY TO RECIPI-
project. (2) in subsection (d), by striking ‘‘of Transpor-
ENTS.—Amounts made available under this sec-
‘‘(2) GRANTS FINANCED FROM GENERAL FUND.— tation’’;
tion may be obligated by a recipient for 3 years
A grant or contract that is approved by the Sec- (3) in subsection (e), by striking ‘‘of Transpor-
after the fiscal year in which the amount is ap-
retary and financed with amounts appropriated tation’’;
portioned. Not later than 30 days after the end
in advance from the General Fund of the Treas- (4) in subsection (f), by striking ‘‘of Transpor-
of the 3-year period described in the preceding
ury pursuant to this section is a contractual ob- tation’’;
sentence, any amount that is not obligated on
ligation of the Government to pay the Govern- (5) in subsection (g), in the matter preceding
the last day of that period shall be added to the
ment share of the cost of the project only to the paragraph (1)—
amount that may be apportioned under this sec-
extent that amounts are appropriated for such (A) by striking ‘‘of Transportation’’; and
tion in the next fiscal year.
purpose by an Act of Congress. ‘‘(h) DEFINITIONS.—For purposes of this sec- (B) by striking ‘‘subsection (a)(3) or (4) of this
‘‘(k) AVAILABILITY OF AMOUNTS.—Amounts section’’ and inserting ‘‘paragraph (3) or (4) of
tion:
made available by or appropriated under this ‘‘(1) The term ‘State’ means a State of the subsection (a)’’;
section shall remain available until expended.’’. United States. (6) in subsection (h)—
SEC. 20029. BUS AND BUS FACILITIES FORMULA ‘‘(2) The term ‘territory’ means the District of (A) in paragraph (1), in the matter preceding
GRANTS. Columbia, Puerto Rico, the Northern Mariana subparagraph (A), by striking ‘‘of Transpor-
(a) IN GENERAL.—Section 5339 of title 49, Islands, Guam, American Samoa, and the tation’’; and
United States Code, is amended to read as fol- United States Virgin Islands.’’. (B) in paragraph (2), by striking ‘‘of this sec-
lows: SEC. 20030. TECHNICAL AND CONFORMING tion’’;
‘‘§ 5339. Bus and bus facilities formula grants AMENDMENTS. (7) in subsection (i)(1), by striking ‘‘of Trans-
‘‘(a) GENERAL AUTHORITY.—The Secretary (a) SECTION 5305.—Section 5305 of title 49, portation’’; and
may make grants under this section to assist eli- United States Code, is amended— (8) in subsection (j), as so redesignated by sec-
gible recipients described in subsection (c)(1) in (1) in subsection (e)(1)(A), by striking ‘‘section 20025 of this division, by striking ‘‘Commit-
financing capital projects— tions 5304, 5306, 5315, and 5322’’ and inserting tees on Banking, Housing, and Urban Affairs
‘‘(1) to replace, rehabilitate, and purchase ‘‘section 5304 and 5306’’; and Appropriations of the Senate and Commit-
(2) in subsection (f)— tees on Transportation and Infrastructure and
buses and related equipment; and
(A) in the heading, by striking ‘‘GOVERN- Appropriations of the House of Representatives’’
‘‘(2) to construct bus-related facilities.
MENT’S’’ and inserting ‘‘GOVERNMENT’’; and and inserting ‘‘Committee on Banking, Housing,
‘‘(b) GRANT REQUIREMENTS.—The require- (B) by striking ‘‘Government’s’’ and inserting
ments of section 5307 apply to recipients of and Urban Affairs and the Committee on Appro-
‘‘Government’’; and priations of the Senate and the Committee on
grants made under this section. (3) in subsection (g), by striking ‘‘section
‘‘(c) ELIGIBLE RECIPIENTS AND SUBRECIPI- Transportation and Infrastructure and the
5338(c) for fiscal years 2005 through 2012’’ and Committee on Appropriations of the House of
ENTS.—
inserting ‘‘section 5338(a)(2)(A) for a fiscal Representatives’’.
‘‘(1) RECIPIENTS.—Eligible recipients under year’’.
this section are designated recipients that oper- (j) SECTION 5335.—Section 5335(a) of title 49,
(b) SECTION 5313.—Section 5313(a) of title 49, United States Code, is amended by striking ‘‘of
ate fixed route bus service or that allocate fund- United States Code, is amended—
ing to fixed route bus operators. Transportation’’.
(1) in the first sentence, by striking ‘‘sub-
‘‘(2) SUBRECIPIENTS.—A designated recipient (k) ANALYSIS.—The analysis for chapter 53 of
sections (a)(5)(C)(iii) and (d)(1) of section 5338’’ title 49, United States Code, is amended to read
that receives a grant under this section may al- and inserting section ‘‘5338(c)’’; and
locate amounts of the grant to subrecipients as follows:
(2) in the second sentence, by striking ‘‘of
that are public agencies or private nonprofit or- Transportation’’. ‘‘Sec.
ganizations engaged in public transportation. (c) SECTION 5319.—Section 5319 of title 49, ‘‘5301. Policies and purposes.
‘‘(d) DISTRIBUTION OF GRANT FUNDS.—Funds United States Code, is amended, in the second ‘‘5302. Definitions.
allocated under section 5338(a)(2)(J) shall be dis- sentence— ‘‘5303. Metropolitan transportation planning.
tributed as follows: (1) by striking ‘‘sections 5307(e), 5309(h), and ‘‘5304. Statewide and nonmetropolitan transpor-
‘‘(1) NATIONAL DISTRIBUTION.—$65,500,000 5311(g) of this title’’ and inserting ‘‘sections tation planning.
shall be allocated to all States and territories, 5307(d), 5309(l), and 5311(g)’’; and ‘‘5305. Planning programs.
with each State receiving $1,250,000 and each (2) by striking ‘‘of the United States’’ and in- ‘‘5306. Private enterprise participation in metro-
territory receiving $500,000. serting ‘‘made by the’’. politan planning and transpor-
‘‘(2) DISTRIBUTION USING POPULATION AND (d) SECTION 5325.—Section 5325(b)(2)(A) of tation improvement programs and
SERVICE FACTORS.—The remainder of the funds title 49, United States Code, is amended by strik- relationship to other limitations.
not otherwise distributed under paragraph (1) ing ‘‘title 48, Code of Federal Regulations (com- ‘‘5307. Urbanized area formula grants.
shall be allocated pursuant to the formula set monly known as the Federal Acquisition Regu- ‘‘[5308. Repealed.]
forth in section 5336 other than subsection (b). lation)’’ and inserting ‘‘the Federal Acquisition ‘‘5309. Fixed guideway capital investment
‘‘(e) TRANSFERS OF APPORTIONMENTS.— Regulation, or any successor thereto’’. grants.
‘‘5310. Formula grants for the enhanced mobility tion in carrying out chapter 4 of title 23, United ‘‘(ii) driver testing to determine proficiency to
of seniors and individuals with States Code, and this subtitle— operate motor vehicles; and
disabilities. (A) $25,500,000 for fiscal year 2013; and ‘‘(iii) driver examinations (physical, mental,
‘‘5311. Formula grants for rural areas. (B) $25,500,000 for fiscal year 2014. and driver licensing);
‘‘5312. Research, development, demonstration, (b) PROHIBITION ON OTHER USES.—Except as ‘‘(C) improve pedestrian performance and bi-
and deployment projects. otherwise provided in chapter 4 of title 23, cycle safety;
‘‘5313. Transit cooperative research program. United States Code, in this subtitle, and in the ‘‘(D) include provisions for—
‘‘5314. Technical assistance and standards de- amendments made by this subtitle, the amounts ‘‘(i) an effective record system of accidents
velopment. made available from the Highway Trust Fund (including resulting injuries and deaths);
‘‘5315. Private sector participation. (other than the Mass Transit Account) for a ‘‘(ii) accident investigations to determine the
‘‘[5316. Repealed.] program under such chapter— probable causes of accidents, injuries, and
‘‘[5317. Repealed.] (1) shall only be used to carry out such pro- deaths;
‘‘5318. Bus testing facility. gram; and ‘‘(iii) vehicle registration, operation, and in-
‘‘5319. Bicycle facilities. (2) may not be used by States or local govern- spection; and
‘‘[5320. Repealed.] ments for construction purposes. ‘‘(iv) emergency services; and
‘‘5321. Crime prevention and security. ‘‘(E) to the extent determined appropriate by
(c) APPLICABILITY OF TITLE 23.—Except as
‘‘5322. Human resources and training. the Secretary, are applicable to federally admin-
otherwise provided in chapter 4 of title 23,
‘‘5323. General provisions. istered areas where a Federal department or
United States Code, and in this subtitle,
‘‘5324. Public transportation emergency relief agency controls the highways or supervises traf-
amounts made available under subsection (a) for
program. fic operations.’’.
fiscal years 2013 and 2014 shall be available for
‘‘5325. Contract requirements. (b) ADMINISTRATION OF STATE PROGRAMS.—
obligation in the same manner as if such funds Section 402(b) of title 23, United States Code, is
‘‘5326. Transit asset management. were apportioned under chapter 1 of title 23,
‘‘5327. Project management oversight. amended—
United States Code. (1) in paragraph (1)—
‘‘[5328. Repealed.] (d) REGULATORY AUTHORITY.—Grants award- (A) in subparagraph (D), by striking ‘‘and’’ at
‘‘5329. Public transportation safety program. ed under this subtitle shall be in accordance the end;
‘‘5330. State safety oversight. with regulations issued by the Secretary. (B) by redesignating subparagraph (E) as sub-
‘‘5331. Alcohol and controlled substances test- (e) STATE MATCHING REQUIREMENTS.—If a paragraph (F);
ing. grant awarded under this subtitle requires a (C) by inserting after subparagraph (D) the
‘‘5332. Nondiscrimination. State to share in the cost, the aggregate of all following:
‘‘5333. Labor standards. expenditures for highway safety activities made ‘‘(E) beginning on the first day of the first fis-
‘‘5334. Administrative provisions. during any fiscal year by the State and its polit- cal year after the date of enactment of the
‘‘5335. National transit database. ical subdivisions (exclusive of Federal funds) for Motor Vehicle and Highway Safety Improve-
‘‘5336. Apportionment of appropriations for for- carrying out the grant (other than planning ment Act of 2012 in which a State submits its
mula grants. and administration) shall be available for the highway safety plan under subsection (f), pro-
‘‘5337. State of good repair grants. purpose of crediting the State during such fiscal vide for a data-driven traffic safety enforcement
‘‘5338. Authorizations. year for the non-Federal share of the cost of program to prevent traffic violations, crashes,
‘‘5339. Bus and bus facilities formula grants. any project under this subtitle (other than plan- and crash fatalities and injuries in areas most
‘‘5340. Apportionments based on growing States ning or administration) without regard to at risk for such incidents, to the satisfaction of
and high density States formula whether such expenditures were actually made the Secretary;’’; and
factors.’’. in connection with such project. (D) in subparagraph (F), as redesignated—
DIVISION C—TRANSPORTATION SAFETY (f) GRANT APPLICATION AND DEADLINE.—To (i) in clause (i), by inserting ‘‘and high-visi-
AND SURFACE TRANSPORTATION POLICY receive a grant under this subtitle, a State shall bility law enforcement mobilizations coordinated
TITLE I—MOTOR VEHICLE AND HIGHWAY submit an application, and the Secretary shall by the Secretary’’ after ‘‘mobilizations’’;
SAFETY IMPROVEMENT ACT OF 2012 establish a single deadline for such applications (ii) in clause (iii), by striking ‘‘and’’ at the
SEC. 31001. SHORT TITLE. to enable the award of grants early in the next end;
fiscal year. (iii) in clause (iv), by striking the period at
This title may be cited as the ‘‘Motor Vehicle
SEC. 31102. HIGHWAY SAFETY PROGRAMS. the end and inserting ‘‘; and’’; and
and Highway Safety Improvement Act of 2012’’ (iv) by adding at the end the following:
or ‘‘Mariah’s Act’’. (a) PROGRAMS INCLUDED.—Section 402(a) of
title 23, United States Code, is amended to read ‘‘(v) ensuring that the State will coordinate its
SEC. 31002. DEFINITION. highway safety plan, data collection, and infor-
as follows:
In this title, the term ‘‘Secretary’’ means the mation systems with the State strategic highway
‘‘(a) PROGRAM REQUIRED.—
Secretary of Transportation. safety plan (as defined in section 148(a)).’’; and
‘‘(1) IN GENERAL.—Each State shall have a
Subtitle A—Highway Safety (2) by striking paragraph (3).
highway safety program, approved by the Sec-
(c) APPROVED HIGHWAY SAFETY PROGRAMS.—
SEC. 31101.AUTHORIZATION OF APPROPRIA- retary, that is designed to reduce traffic acci-
TIONS. Section 402(c) of title 23, United States Code, is
dents and the resulting deaths, injuries, and
amended—
(a) IN GENERAL.—The following sums are au- property damage.
(1) by striking ‘‘(c) Funds authorized’’ and in-
thorized to be appropriated out of the Highway ‘‘(2) UNIFORM GUIDELINES.—Programs re-
serting the following:
Trust Fund (other than the Mass Transit Ac- quired under paragraph (1) shall comply with ‘‘(c) USE OF FUNDS.—
count): uniform guidelines, promulgated by the Sec- ‘‘(1) IN GENERAL.—Funds authorized’’;
(1) HIGHWAY SAFETY PROGRAMS.—For carrying retary and expressed in terms of performance (2) by striking ‘‘Such funds’’ and inserting the
out section 402 of title 23, United States Code— criteria, that— following:
(A) $235,000,000 for fiscal year 2013; and ‘‘(A) include programs— ‘‘(2) APPORTIONMENT.—Except for amounts
(B) $235,000,000 for fiscal year 2014. ‘‘(i) to reduce injuries and deaths resulting identified in section 403(f), funds described in
(2) HIGHWAY SAFETY RESEARCH AND DEVELOP- from motor vehicles being driven in excess of paragraph (1)’’;
MENT.—For carrying out section 403 of title 23, posted speed limits; (3) by striking ‘‘The Secretary shall not’’ and
United States Code— ‘‘(ii) to encourage the proper use of occupant all that follows through ‘‘subsection, a highway
(A) $110,500,000 for fiscal year 2013; and protection devices (including the use of safety safety program’’ and inserting ‘‘A highway
(B) $113,500,000 for fiscal year 2014. belts and child restraint systems) by occupants safety program’’;
(3) NATIONAL PRIORITY SAFETY PROGRAMS.— of motor vehicles; (4) by inserting ‘‘A State may use the funds
For carrying out section 405 of title 23, United ‘‘(iii) to reduce injuries and deaths resulting apportioned under this section, in cooperation
States Code— from persons driving motor vehicles while im- with neighboring States, for highway safety
(A) $265,000,000 for fiscal year 2013; and paired by alcohol or a controlled substance; programs or related projects that may confer
(B) $272,000,000 for fiscal year 2014. ‘‘(iv) to prevent accidents and reduce injuries benefits on such neighboring States.’’ after ‘‘in
(4) NATIONAL DRIVER REGISTER.—For the Na- and deaths resulting from accidents involving every State.’’;
tional Highway Traffic Safety Administration to motor vehicles and motorcycles; (5) by striking ‘‘50 per centum’’ and inserting
carry out chapter 303 of title 49, United States ‘‘(v) to reduce injuries and deaths resulting ‘‘20 percent’’; and
Code— from accidents involving school buses; (6) by striking ‘‘The Secretary shall promptly’’
(A) $5,000,000 for fiscal year 2013; and ‘‘(vi) to reduce accidents resulting from unsafe and all that follows and inserting the following:
(B) $5,000,000 for fiscal year 2014. driving behavior (including aggressive or fa- ‘‘(3) REAPPORTIONMENT.—The Secretary shall
(5) HIGH VISIBILITY ENFORCEMENT PROGRAM.— tigued driving and distracted driving arising promptly apportion the funds withheld from a
For carrying out section 2009 of SAFETEA–LU from the use of electronic devices in vehicles); State’s apportionment to the State if the Sec-
(23 U.S.C. 402 note)— and retary approves the State’s highway safety pro-
(A) $29,000,000 for fiscal year 2013; and ‘‘(vii) to improve law enforcement services in gram or determines that the State has begun im-
(B) $29,000,000 for fiscal year 2014. motor vehicle accident prevention, traffic super- plementing an approved program, as appro-
(6) ADMINISTRATIVE EXPENSES.—For adminis- vision, and post-accident procedures; priate, not later than July 31st of the fiscal year
trative and related operating expenses of the ‘‘(B) improve driver performance, including— for which the funds were withheld. If the Sec-
National Highway Traffic Safety Administra- ‘‘(i) driver education; retary determines that the State did not correct
its failure within such period, the Secretary ‘‘(E) for the fiscal year preceding the fiscal ‘‘(B) may include—
shall reapportion the withheld funds to the year to which the plan applies, a report on the ‘‘(i) working with student-led groups and
other States in accordance with the formula State’s success in meeting State safety goals and school advisors to plan and implement teen traf-
specified in paragraph (2) not later than the last performance targets set forth in the previous fic safety programs;
day of the fiscal year. year’s highway safety plan; and ‘‘(ii) providing subgrants to schools through-
‘‘(4) AUTOMATED TRAFFIC ENFORCEMENT SYS- ‘‘(F) an application for any additional grants out the State to support the establishment and
TEMS.— available to the State under this chapter. expansion of student groups focused on teen
‘‘(A) PROHIBITION.—A State may not expend ‘‘(4) PERFORMANCE MEASURES.—For the first traffic safety;
funds apportioned to that State under this sec- highway safety plan submitted under this sub- ‘‘(iii) providing support, training, and tech-
tion to carry out a program to purchase, oper- section, the performance measures required by nical assistance to establish and expand school
ate, or maintain an automated traffic enforce- the Secretary under paragraph (2)(A) shall be and community safety programs for teen drivers;
ment system. limited to those developed by the National High- ‘‘(iv) creating statewide or regional websites to
‘‘(B) AUTOMATED TRAFFIC ENFORCEMENT SYS- way Traffic Safety Administration and the Gov- publicize and circulate information on teen safe-
TEM DEFINED.—In this paragraph, the term ernor’s Highway Safety Association and de- ty programs;
‘automated traffic enforcement system’ means scribed in the report, ‘Traffic Safety Perform- ‘‘(v) conducting outreach and providing edu-
any camera which captures an image of a vehi- ance Measures for States and Federal Agencies’ cational resources for parents;
cle for the purposes only of red light and speed (DOT HS 811 025). For subsequent highway ‘‘(vi) establishing State or regional advisory
enforcement, and does not include hand held safety plans, the Secretary shall coordinate with councils comprised of teen drivers to provide
radar and other devices operated by law en- the Governor’s Highway Safety Association in input and recommendations to the governor and
forcement officers to make an on-the-scene traf- making revisions to the set of required perform- the governor’s safety representative on issues re-
fic stop, issue a traffic citation, or other enforce- ance measures. lated to the safety of teen drivers;
ment action at the time of the violation.’’. ‘‘(5) REVIEW OF HIGHWAY SAFETY PLANS.— ‘‘(vii) collaborating with law enforcement;
(d) USE OF HIGHWAY SAFETY PROGRAM ‘‘(A) IN GENERAL.—Not later than 60 days and
FUNDS.—Section 402(g) of title 23, United States after the date on which a State’s highway safe- ‘‘(viii) establishing partnerships and pro-
Code, is amended to read as follows: ty plan is received by the Secretary, the Sec- moting coordination among community stake-
‘‘(g) SAVINGS PROVISION.— retary shall review and approve or disapprove holders, including public, not-for-profit, and for
‘‘(1) IN GENERAL.—Except as provided under the plan. profit entities.’’.
paragraph (2), nothing in this section may be ‘‘(B) APPROVALS AND DISAPPROVALS.— (h) BIENNIAL REPORT TO CONGRESS.—Section
construed to authorize the appropriation or ex- ‘‘(i) APPROVALS.—The Secretary shall approve 402 of title 23, United States Code, as amended
penditure of funds for— a State’s highway safety plan if the Secretary by this section, is further amended by adding at
‘‘(A) highway construction, maintenance, or determines that— the end the following:
design (other than design of safety features of ‘‘(I) the plan and the performance targets ‘‘(n) BIENNIAL REPORT TO CONGRESS.—Not
highways to be incorporated into guidelines); or contained in the plan are evidence-based and later than October 1, 2015, and biennially there-
‘‘(B) any purpose for which funds are author- supported by data; and after, the Secretary shall submit a report to the
ized under section 403. ‘‘(II) the plan, once implemented, will allow Committee on Transportation and Infrastruc-
‘‘(2) DEMONSTRATION PROJECTS.—A State may the State to meet the State’s performance tar- ture of the House of Representatives and the
use funds made available to carry out this sec- gets. Committee on Commerce, Science, and Transpor-
tion to assist in demonstration projects carried ‘‘(ii) DISAPPROVALS.—The Secretary shall dis- tation of the Senate that contains—
out by the Secretary under section 403.’’. approve a State’s highway safety plan if the ‘‘(1) an evaluation of each State’s perform-
(e) IN GENERAL.—Section 402 of title 23, Secretary determines that— ance with respect to the State’s highway safety
United States Code, is amended— ‘‘(I) the plan and the performance targets plan under subsection (k) and performance tar-
(1) by striking subsections (k) and (m); contained in the plan are not evidence-based or gets set by the States in such plans; and
(2) by redesignating subsections (i) and (j) as supported by data; or ‘‘(2) such recommendations as the Secretary
subsections (h) and (i), respectively; and ‘‘(II) the plan does not provide for program- may have for improvements to activities carried
(3) by redesignating subsection (l) as sub- ming of funding in a manner sufficient to allow out under subsection (k).’’.
section (j). the State to meet the State’s performance tar- SEC. 31103. HIGHWAY SAFETY RESEARCH AND DE-
(f) HIGHWAY SAFETY PLAN AND REPORTING RE- gets. VELOPMENT.
QUIREMENTS.—Section 402 of title 23, United ‘‘(C) ACTIONS UPON DISAPPROVAL.—If the Sec- Section 403 of title 23, United States Code, is
States Code, as amended by this section, is fur- retary disapproves a State’s highway safety amended—
ther amended by adding at the end the fol- plan, the Secretary shall— (1) by striking subsections (a) through (f) and
lowing: ‘‘(i) inform the State of the reasons for such inserting the following:
‘‘(k) HIGHWAY SAFETY PLAN AND REPORTING disapproval; and ‘‘(a) DEFINED TERM.—In this section, the term
REQUIREMENTS.— ‘‘(ii) require the State to resubmit the plan ‘Federal laboratory’ includes—
‘‘(1) IN GENERAL.—With respect to fiscal year with any modifications that the Secretary deter- ‘‘(1) a government-owned, government-oper-
2014, and each fiscal year thereafter, the Sec- mines to be necessary. ated laboratory; and
retary shall require each State, as a condition of ‘‘(D) REVIEW OF RESUBMITTED PLANS.—If the ‘‘(2) a government-owned, contractor-operated
the approval of the State’s highway safety pro- Secretary requires a State to resubmit a high- laboratory.
gram for that fiscal year, to develop and submit way safety plan, with modifications, the Sec- ‘‘(b) GENERAL AUTHORITY.—
to the Secretary for approval a highway safety retary shall review and approve or disapprove ‘‘(1) RESEARCH AND DEVELOPMENT ACTIVI-
plan that complies with the requirements under the modified plan not later than 30 days after TIES.—The Secretary may conduct research and
this subsection. the date on which the Secretary receives such development activities, including demonstration
‘‘(2) TIMING.—Each State shall submit to the plan. projects and the collection and analysis of high-
Secretary the highway safety plan not later ‘‘(E) PUBLIC NOTICE.—A State shall make the way and motor vehicle safety data and related
than July 1st of the fiscal year preceding the fis- State’s highway safety plan, and decisions of information needed to carry out this section,
cal year to which the plan applies. the Secretary concerning approval or dis- with respect to—
‘‘(3) CONTENTS.—State highway safety plans approval of a revised plan, available to the pub- ‘‘(A) all aspects of highway and traffic safety
submitted under paragraph (1) shall include— lic.’’. systems and conditions relating to—
‘‘(A) performance measures required by the (g) TEEN TRAFFIC SAFETY PROGRAM.—Section ‘‘(i) vehicle, highway, driver, passenger, mo-
Secretary or otherwise necessary to support ad- 402 of title 23, United States Code, as amended torcyclist, bicyclist, and pedestrian characteris-
ditional State safety goals, including— by this section, is further amended by adding at tics;
‘‘(i) documentation of current safety levels for the end the following: ‘‘(ii) accident causation and investigations;
each performance measure; ‘‘(m) TEEN TRAFFIC SAFETY.— ‘‘(iii) communications; and
‘‘(ii) quantifiable annual performance targets ‘‘(1) IN GENERAL.—Subject to the requirements ‘‘(iv) emergency medical services, including
for each performance measure; and of a State’s highway safety plan, as approved the transportation of the injured;
‘‘(iii) a justification for each performance tar- by the Secretary under subsection (k), a State ‘‘(B) human behavioral factors and their ef-
get, that explains why each target is appro- may use a portion of the amounts received fect on highway and traffic safety, including—
priate and evidence-based; under this section to implement statewide efforts ‘‘(i) driver education;
‘‘(B) a strategy for programming funds appor- to improve traffic safety for teen drivers. ‘‘(ii) impaired driving; and
tioned to the State under this section on projects ‘‘(2) USE OF FUNDS.—Statewide efforts under ‘‘(iii) distracted driving;
and activities that will allow the State to meet paragraph (1)— ‘‘(C) an evaluation of the effectiveness of
the performance targets described in subpara- ‘‘(A) shall include peer-to-peer education and countermeasures to increase highway and traf-
graph (A); prevention strategies in schools and commu- fic safety, including occupant protection and
‘‘(C) data and data analysis supporting the nities designed to— alcohol- and drug-impaired driving technologies
effectiveness of proposed countermeasures; ‘‘(i) increase safety belt use; and initiatives;
‘‘(D) a description of any Federal, State, ‘‘(ii) reduce speeding; ‘‘(D) the development of technologies to detect
local, or private funds that the State plans to ‘‘(iii) reduce impaired and distracted driving; drug impaired drivers;
use, in addition to funds apportioned to the ‘‘(iv) reduce underage drinking; and ‘‘(E) research on, evaluations of, and identi-
State under this section, to carry out the strat- ‘‘(v) reduce other behaviors by teen drivers fication of best practices related to driver edu-
egy described in subparagraph (B); that lead to injuries and fatalities; and cation programs (including driver education
curricula, instructor training and certification, ‘‘(2) ADMINISTRATION.—The program estab- tion system improvements (as described in sub-
program administration, and delivery mecha- lished under paragraph (1)— section (c)).
nisms) and make recommendations for harmo- ‘‘(A) shall be administered by the Adminis- ‘‘(C) IMPAIRED DRIVING COUNTERMEASURES.—
nizing driver education and multistage grad- trator of the National Highway Traffic Safety 52.5 percent of the funds provided under this
uated licensing systems; and Administration; and section in each fiscal year shall be allocated
‘‘(F) the effect of State laws on any aspects, ‘‘(B) shall be jointly managed by the Gov- among States that meet the requirements of the
activities, or programs described in subpara- ernors Highway Safety Association and the Na- impaired driving countermeasures (as described
graphs (A) through (E). tional Highway Traffic Safety Administration.’’; in subsection (d)).
‘‘(2) COOPERATION, GRANTS, AND CONTRACTS.— and ‘‘(D) DISTRACTED DRIVING.—8.5 percent of the
The Secretary may carry out this section— (2) by adding at the end the following: funds provided under this section in each fiscal
‘‘(A) independently; ‘‘(h) IN-VEHICLE ALCOHOL DETECTION DEVICE year shall be allocated among States that adopt
‘‘(B) in cooperation with other Federal de- RESEARCH.— and implement effective laws to reduce dis-
partments, agencies, and instrumentalities and ‘‘(1) IN GENERAL.—The Administrator of the tracted driving (as described in subsection (e)).
Federal laboratories; National Highway Traffic Safety Administra- ‘‘(E) MOTORCYCLIST SAFETY.—1.5 percent of
‘‘(C) by entering into contracts, cooperative tion may carry out a collaborative research ef- the funds provided under this section in each
agreements, and other transactions with the Na- fort under chapter 301 of title 49 on in-vehicle fiscal year shall be allocated among States that
tional Academy of Sciences, any Federal labora- implement motorcyclist safety programs (as de-
technology to prevent alcohol-impaired driving.
tory, State or local agency, authority, associa- ‘‘(2) FUNDING.—Funds provided under section scribed in subsection (f)).
tion, institution, or person (as defined in chap- 405 may be made to be used by the Secretary to ‘‘(F) STATE GRADUATED DRIVER LICENSING
ter 1 of title 1); or conduct the research described in paragraph (1). LAWS.—5 percent of the funds provided under
‘‘(D) by making grants to the National Acad- this section in each fiscal year shall be allocated
‘‘(3) PRIVACY PROTECTION.—If the Adminis-
emy of Sciences, any Federal laboratory, State among States that adopt and implement grad-
trator utilizes the authority under paragraph
or local agency, authority, association, institu- uated driver licensing laws (as described in sub-
(1), the Administrator shall not develop require-
tion, or person (as defined in chapter 1 of title section (g)).
ments for any device or means of technology to
1). ‘‘(G) TRANSFERS.—Notwithstanding subpara-
‘‘(c) COLLABORATIVE RESEARCH AND DEVELOP- be installed in an automobile intended for retail
sale that records a driver’s blood alcohol con- graphs (A) through (F), the Secretary may re-
MENT.— allocate, before the last day of any fiscal year,
‘‘(1) IN GENERAL.—To encourage innovative centration.
‘‘(4) REPORTS.—If the Administrator conducts any amounts remaining available to carry out
solutions to highway safety problems, stimulate
the research authorized under paragraph (1), any of the activities described in subsections (b)
voluntary improvements in highway safety, and
the Administrator shall submit an annual report through (g) to increase the amount made avail-
stimulate the marketing of new highway safety
to the Committee on Commerce, Science, and able to carry out any of the other activities de-
related technology by private industry, the Sec-
Transportation of the Senate, the Committee on scribed in such subsections, or the amount made
retary is authorized to carry out, on a cost-
Transportation and Infrastructure of the House available under section 402, in order to ensure,
shared basis, collaborative research and devel-
of Representatives, and Committee on Science, to the maximum extent possible, that all such
opment with—
Space, and Technology of the House of Rep- amounts are obligated during such fiscal year.
‘‘(A) non-Federal entities, including State and
resentatives that— ‘‘(H) MAINTENANCE OF EFFORT.—
local governments, colleges, universities, cor- ‘‘(i) REQUIREMENTS.—No grant may be made
porations, partnerships, sole proprietorships, or- ‘‘(A) describes the progress made in carrying
out the collaborative research effort; and to a State in any fiscal year under subsection
ganizations, and trade associations that are in- (b), (c), or (d) unless the State enters into such
corporated or established under the laws of any ‘‘(B) includes an accounting for the use of
Federal funds obligated or expended in carrying agreements with the Secretary as the Secretary
State or the United States; and may require to ensure that the State will main-
‘‘(B) Federal laboratories. out that effort.
‘‘(5) DEFINITIONS.—In this subsection: tain its aggregate expenditures from all State
‘‘(2) AGREEMENTS.—In carrying out this sub-
‘‘(A) ALCOHOL-IMPAIRED DRIVING.—The term and local sources for programs described in
section, the Secretary may enter into coopera-
‘alcohol-impaired driving’ means the operation those sections at or above the average level of
tive research and development agreements (as
of a motor vehicle (as defined in section such expenditures in its 2 fiscal years preceding
defined in section 12 of the Stevenson-Wydler
30102(a)(6) of title 49) by an individual whose the date of enactment of the Motor Vehicle and
Technology Innovation Act of 1980 (15 U.S.C.
blood alcohol content is at or above the legal Highway Safety Improvement Act of 2012.
3710a)) in which the Secretary provides not more
limit. ‘‘(ii) WAIVER.—Upon the request of a State,
than 50 percent of the cost of any research or
‘‘(B) LEGAL LIMIT.—The term ‘legal limit’ the Secretary may waive or modify the require-
development project under this subsection.
means a blood alcohol concentration of 0.08 per- ments under clause (i) for not more than 1 fiscal
‘‘(3) USE OF TECHNOLOGY.—The research, de-
cent or greater (as set forth in section 163(a)) or year if the Secretary determines that such a
velopment, or use of any technology pursuant to
such other percentage limitation as may be es- waiver would be equitable due to exceptional or
an agreement under this subsection, including
tablished by applicable Federal, State, or local uncontrollable circumstances.
the terms under which technology may be li-
‘‘(2) OTHER PRIORITY PROGRAMS.—Funds pro-
censed and the resulting royalties may be dis- law.’’.
vided under this section in each fiscal year may
tributed, shall be subject to the provisions of the SEC. 31104. NATIONAL DRIVER REGISTER.
be used for research into technology to prevent
Stevenson-Wydler Technology Innovation Act of Section 30302(b) of title 49, United States alcohol-impaired driving (as described in sub-
1980 (15 U.S.C. 3701 et seq.). Code, is amended by adding at the end the fol- section 403(h)).
‘‘(d) TITLE TO EQUIPMENT.—In furtherance of lowing: ‘‘The Secretary shall make continual ‘‘(b) OCCUPANT PROTECTION GRANTS.—
the purposes set forth in section 402, the Sec- improvements to modernize the Register’s data ‘‘(1) GENERAL AUTHORITY.—Subject to the re-
retary may vest title to equipment purchased for processing system.’’. quirements under this subsection, the Secretary
demonstration projects with funds authorized SEC. 31105. NATIONAL PRIORITY SAFETY PRO- of Transportation shall award grants to States
under this section to State or local agencies on GRAMS. that adopt and implement effective occupant
such terms and conditions as the Secretary de- (a) IN GENERAL.—Section 405 of title 23, protection programs to reduce highway deaths
termines to be appropriate. United States Code, is amended to read as fol- and injuries resulting from individuals riding
‘‘(e) PROHIBITION ON CERTAIN DISCLOSURES.— lows: unrestrained or improperly restrained in motor
Any report of the National Highway Traffic
‘‘§ 405. National priority safety programs vehicles.
Safety Administration, or of any officer, em- ‘‘(2) FEDERAL SHARE.—The Federal share of
ployee, or contractor of the National Highway ‘‘(a) GENERAL AUTHORITY.—Subject to the re-
the costs of activities funded using amounts
Traffic Safety Administration, relating to any quirements of this section, the Secretary of
from grants awarded under this subsection may
highway traffic accident or the investigation of Transportation shall manage programs to ad-
not exceed 80 percent for each fiscal year for
such accident conducted pursuant to this chap- dress national priorities for reducing highway
which a State receives a grant.
ter or chapter 301 may only be made available to deaths and injuries. Funds shall be allocated ‘‘(3) ELIGIBILITY.—
the public in a manner that does not identify in- according to the priorities set forth in para- ‘‘(A) HIGH SEAT BELT USE RATE.—A State with
dividuals. graphs (1) and (2). an observed seat belt use rate of 90 percent or
‘‘(f) COOPERATIVE RESEARCH AND EVALUA- ‘‘(1) GRANTS TO STATES.— higher, based on the most recent data from a
TION.— ‘‘(A) OCCUPANT PROTECTION.—16 percent of survey that conforms with national criteria es-
‘‘(1) ESTABLISHMENT AND FUNDING.—Notwith- the funds provided under this section in each tablished by the National Highway Traffic Safe-
standing the apportionment formula set forth in fiscal year shall be allocated among States that ty Administration, shall be eligible for a grant
section 402(c)(2), $2,500,000 of the total amount adopt and implement effective occupant protec- in a fiscal year if the State—
available for apportionment to the States for tion programs to reduce highway deaths and in- ‘‘(i) submits an occupant protection plan dur-
highway safety programs under subsection juries resulting from individuals riding unre- ing the first fiscal year;
402(c) in each fiscal year shall be available for strained or improperly restrained in motor vehi- ‘‘(ii) participates in the Click It or Ticket na-
expenditure by the Secretary, acting through cles (as described in subsection (b)). tional mobilization;
the Administrator of the National Highway ‘‘(B) STATE TRAFFIC SAFETY INFORMATION SYS- ‘‘(iii) has an active network of child restraint
Traffic Safety Administration, for a cooperative TEM IMPROVEMENTS.—14.5 percent of the funds inspection stations; and
research and evaluation program to research provided under this section in each fiscal year ‘‘(iv) has a plan to recruit, train, and main-
and evaluate priority highway safety counter- shall be allocated among States that meet the retain a sufficient number of child passenger safe-
measures. quirements of the State traffic safety informa- ty technicians.
‘‘(B) LOWER SEAT BELT USE RATE.—A State ‘‘(ii) certified to the Federal motor vehicle ‘‘(A) effective programs to reduce driving
with an observed seat belt use rate below 90 per- safety standard prescribed by the National under the influence of alcohol, drugs, or the
cent, based on the most recent data from a sur- Highway Traffic Safety Administration for child combination of alcohol and drugs; or
vey that conforms with national criteria estab- restraints. ‘‘(B) alcohol-ignition interlock laws.
lished by the National Highway Traffic Safety ‘‘(B) SEAT BELT.—The term ‘seat belt’ means— ‘‘(2) FEDERAL SHARE.—The Federal share of
Administration, shall be eligible for a grant in a ‘‘(i) with respect to open-body motor vehicles, the costs of activities funded using amounts
fiscal year if— including convertibles, an occupant restraint from grants under this subsection may not ex-
‘‘(i) the State meets all of the requirements system consisting of a lap belt or a lap belt and ceed 80 percent in any fiscal year in which the
under clauses (i) through (iv) of subparagraph a detachable shoulder belt; and State receives a grant.
(A); and ‘‘(ii) with respect to other motor vehicles, an ‘‘(3) ELIGIBILITY.—
‘‘(ii) the Secretary determines that the State occupant restraint system consisting of inte- ‘‘(A) LOW-RANGE STATES.—Low-range States
meets at least 3 of the following criteria: grated lap and shoulder belts. shall be eligible for a grant under this sub-
‘‘(I) The State conducts sustained (on-going ‘‘(c) STATE TRAFFIC SAFETY INFORMATION section.
and periodic) seat belt enforcement at a defined SYSTEM IMPROVEMENTS.— ‘‘(B) MID-RANGE STATES.—A mid-range State
level of participation during the year. ‘‘(1) GENERAL AUTHORITY.—Subject to the re- shall be eligible for a grant under this sub-
‘‘(II) The State has enacted and enforces a quirements under this subsection, the Secretary section if—
primary enforcement seat belt use law. of Transportation shall award grants to States ‘‘(i) a statewide impaired driving task force in
‘‘(III) The State has implemented counter- to support the development and implementation the State developed a statewide plan during the
measure programs for high-risk populations, of effective State programs that— most recent 3 calendar years to address the
such as drivers on rural roadways, unrestrained ‘‘(A) improve the timeliness, accuracy, com- problem of impaired driving; or
nighttime drivers, or teenage drivers. pleteness, uniformity, integration, and accessi- ‘‘(ii) the State will convene a statewide im-
‘‘(IV) The State has enacted and enforces oc- bility of the State safety data that is needed to paired driving task force to develop such a plan
cupant protection laws requiring front and rear identify priorities for Federal, State, and local during the first year of the grant.
occupant protection use by all occupants in an highway and traffic safety programs; ‘‘(C) HIGH-RANGE STATES.—A high-range State
age-appropriate restraint. ‘‘(B) evaluate the effectiveness of efforts to shall be eligible for a grant under this sub-
‘‘(V) The State has implemented a comprehen- make such improvements; section if the State—
sive occupant protection program in which the ‘‘(C) link the State data systems, including ‘‘(i)(I) conducted an assessment of the State’s
State has— traffic records, with other data systems within impaired driving program during the most recent
‘‘(aa) conducted a program assessment; the State, such as systems that contain medical, 3 calendar years; or
‘‘(bb) developed a statewide strategic plan; roadway, and economic data; ‘‘(II) will conduct such an assessment during
‘‘(cc) designated an occupant protection coor- ‘‘(D) improve the compatibility and interoper- the first year of the grant;
dinator; and ability of the data systems of the State with na- ‘‘(ii) convenes, during the first year of the
‘‘(dd) established a statewide occupant protec- tional data systems and data systems of other grant, a statewide impaired driving task force to
tion task force. States; and develop a statewide plan that—
‘‘(VI) The State— ‘‘(E) enhance the ability of the Secretary to ‘‘(I) addresses any recommendations from the
‘‘(aa) completed an assessment of its occupant observe and analyze national trends in crash assessment conducted under clause (i);
protection program during the 3-year period pre- occurrences, rates, outcomes, and cir- ‘‘(II) includes a detailed plan for spending
ceding the grant year; or cumstances. any grant funds provided under this subsection;
‘‘(bb) will conduct such an assessment during ‘‘(2) FEDERAL SHARE.—The Federal share of and
the first year of the grant. the cost of adopting and implementing in a fis- ‘‘(III) describes how such spending supports
‘‘(4) USE OF GRANT AMOUNTS.— cal year a State program described in this sub- the statewide program; and
‘‘(A) IN GENERAL.—Grant funds received pur- section may not exceed 80 percent. ‘‘(iii)(I) submits the statewide plan to the Na-
suant to this subsection may be used to— ‘‘(3) ELIGIBILITY.—A State is not eligible for a
tional Highway Traffic Safety Administration
‘‘(i) carry out a program to support high-visi- grant under this subsection in a fiscal year un-
during the first year of the grant for the agen-
bility enforcement mobilizations, including paid less the State demonstrates, to the satisfaction
cy’s review and approval;
media that emphasizes publicity for the proof the Secretary, that the State— ‘‘(II) annually updates the statewide plan in
gram, and law enforcement; ‘‘(A) has a functioning traffic records coordi-
each subsequent year of the grant; and
‘‘(ii) carry out a program to train occupant nating committee (referred to in this paragraph
‘‘(III) submits each updated statewide plan
protection safety professionals, police officers, as ‘TRCC’) that meets at least 3 times each year;
for the agency’s review and comment.
fire and emergency medical personnel, edu- ‘‘(B) has designated a TRCC coordinator;
‘‘(4) USE OF GRANT AMOUNTS.—
‘‘(C) has established a State traffic record
cators, and parents concerning all aspects of the ‘‘(A) REQUIRED PROGRAMS.—High-range
strategic plan that has been approved by the
use of child restraints and occupant protection; States shall use grant funds for—
TRCC and describes specific quantifiable and
‘‘(iii) carry out a program to educate the pub- ‘‘(i) high visibility enforcement efforts; and
measurable improvements anticipated in the
lic concerning the proper use and installation of ‘‘(ii) any of the activities described in sub-
State’s core safety databases, including crash,
child restraints, including related equipment paragraph (B) if—
citation or adjudication, driver, emergency med-
and information systems; ‘‘(I) the activity is described in the statewide
‘‘(iv) carry out a program to provide commu- ical services or injury surveillance system, road-
plan; and
nity child passenger safety services, including way, and vehicle databases; ‘‘(II) the Secretary approves the use of fund-
‘‘(D) has demonstrated quantitative progress
programs about proper seating positions for ing for such activity.
in relation to the significant data program at-
children and how to reduce the improper use of ‘‘(B) AUTHORIZED PROGRAMS.—Medium-range
tribute of—
child restraints; and low-range States may use grant funds for—
‘‘(i) accuracy;
‘‘(v) purchase and distribute child restraints ‘‘(i) any of the purposes described in subpara-
‘‘(ii) completeness;
to low-income families, provided that not more ‘‘(iii) timeliness; graph (A);
than 5 percent of the funds received in a fiscal ‘‘(iv) uniformity; ‘‘(ii) hiring a full-time or part-time impaired
year are used for such purpose; and ‘‘(v) accessibility; or driving coordinator of the State’s activities to
‘‘(vi) establish and maintain information sys- ‘‘(vi) integration of a core highway safety address the enforcement and adjudication of
tems containing data concerning occupant pro- database; and laws regarding driving while impaired by alco-
tection, including the collection and administra- ‘‘(E) has certified to the Secretary that an as- hol;
tion of child passenger safety and occupant pro- sessment of the State’s highway safety data and ‘‘(iii) court support of high visibility enforce-
tection surveys. traffic records system was conducted or updated ment efforts, training and education of criminal
‘‘(B) HIGH SEAT BELT USE RATE.—A State that during the preceding 5 years. justice professionals (including law enforce-
is eligible for funds under paragraph (3)(A) may ‘‘(4) USE OF GRANT AMOUNTS.—Grant funds ment, prosecutors, judges, and probation offi-
use up to 75 percent of such funds for any received by a State under this subsection shall cers) to assist such professionals in handling im-
project or activity eligible for funding under sec- be used for making data program improvements paired driving cases, hiring traffic safety re-
tion 402. to core highway safety databases related to source prosecutors, hiring judicial outreach liai-
‘‘(5) GRANT AMOUNT.—The allocation of grant quantifiable, measurable progress in any of the sons, and establishing driving while intoxicated
funds to a State under this subsection for a fis- 6 significant data program attributes set forth in courts;
cal year shall be in proportion to the State’s ap- paragraph (3)(D). ‘‘(iv) alcohol ignition interlock programs;
portionment under section 402 for fiscal year ‘‘(5) GRANT AMOUNT.—The allocation of grant ‘‘(v) improving blood-alcohol concentration
2009. funds to a State under this subsection for a fis- testing and reporting;
‘‘(6) DEFINITIONS.—In this subsection: cal year shall be in proportion to the State’s ap- ‘‘(vi) paid and earned media in support of
‘‘(A) CHILD RESTRAINT.—The term ‘child re- portionment under section 402 for fiscal year high visibility enforcement efforts, and con-
straint’ means any device (including child safe- 2009. ducting standardized field sobriety training, ad-
ty seat, booster seat, harness, and excepting seat ‘‘(d) IMPAIRED DRIVING COUNTERMEASURES.— vanced roadside impaired driving evaluation
belts) that is— ‘‘(1) IN GENERAL.—Subject to the requirements training, and drug recognition expert training
‘‘(i) designed for use in a motor vehicle to re- under this subsection, the Secretary of Trans- for law enforcement, and equipment and related
strain, seat, or position children who weigh 65 portation shall award grants to States that expenditures used in connection with impaired
pounds (30 kilograms) or less; and adopt and implement— driving enforcement in accordance with criteria
established by the National Highway Traffic ‘‘(A) prohibits drivers from texting through a ‘‘(C) REPORT.—Not later than 1 year after the
Safety Administration; personal wireless communications device while date of enactment of the Motor Vehicle and
‘‘(vii) training on the use of alcohol screening driving; Highway Safety Improvement Act of 2012, the
and brief intervention; ‘‘(B) makes violation of the statute a primary Secretary shall submit a report containing the
‘‘(viii) developing impaired driving informa- offense; and results of the study conducted under this para-
tion systems; and ‘‘(C) establishes— graph to—
‘‘(ix) costs associated with a 24-7 sobriety pro- ‘‘(i) a minimum fine for a first violation of the ‘‘(i) the Committee on Commerce, Science, and
gram. statute; and Transportation of the Senate; and
‘‘(C) OTHER PROGRAMS.—Low-range States ‘‘(ii) increased fines for repeat violations. ‘‘(ii) the Committee on Transportation and In-
may use grant funds for any expenditure de- ‘‘(3) PROHIBITION ON YOUTH CELL PHONE USE frastructure of the House of Representatives.
signed to reduce impaired driving based on prob- WHILE DRIVING.—A State statute meets the re- ‘‘(9) DEFINITIONS.—In this subsection:
lem identification. Medium and high-range quirements set forth in this paragraph if the ‘‘(A) DRIVING.—The term ‘driving’—
States may use funds for such expenditures statute— ‘‘(i) means operating a motor vehicle on a
upon approval by the Secretary. ‘‘(A) prohibits a driver who is younger than 18 public road, including operation while tempo-
‘‘(5) GRANT AMOUNT.—Subject to paragraph years of age from using a personal wireless com- rarily stationary because of traffic, a traffic
(6), the allocation of grant funds to a State munications device while driving; light or stop sign, or otherwise; and
under this section for a fiscal year shall be in ‘‘(B) makes violation of the statute a primary ‘‘(ii) does not include operating a motor vehi-
proportion to the State’s apportionment under offense; cle when the vehicle has pulled over to the side
section 402(c) for fiscal year 2009. ‘‘(C) requires distracted driving issues to be of, or off, an active roadway and has stopped in
‘‘(6) GRANTS TO STATES THAT ADOPT AND EN- tested as part of the State driver’s license exam- a location where it can safely remain sta-
FORCE MANDATORY ALCOHOL-IGNITION INTER- ination; and tionary.
LOCK LAWS.— ‘‘(D) establishes— ‘‘(B) PERSONAL WIRELESS COMMUNICATIONS
‘‘(A) IN GENERAL.—The Secretary shall make a ‘‘(i) a minimum fine for a first violation of the DEVICE.—The term ‘personal wireless commu-
separate grant under this subsection to each statute; and nications device’—
‘‘(ii) increased fines for repeat violations. ‘‘(i) means a device through which personal
State that adopts and is enforcing a mandatory
‘‘(4) PERMITTED EXCEPTIONS.—A statute that wireless services (as defined in section
alcohol-ignition interlock law for all individuals
meets the requirements set forth in paragraphs 332(c)(7)(C)(i) of the Communications Act of 1934
convicted of driving under the influence of alco-
(2) and (3) may provide exceptions for— (47 U.S.C. 332(c)(7)(C)(i))) are transmitted; and
hol or of driving while intoxicated. ‘‘(A) a driver who uses a personal wireless ‘‘(ii) does not include a global navigation sat-
‘‘(B) USE OF FUNDS.—Grants authorized under
communications device to contact emergency ellite system receiver used for positioning, emer-
subparagraph (A) may be used by recipient
services; gency notification, or navigation purposes.
States for any eligible activities under this sub- ‘‘(B) emergency services personnel who use a ‘‘(C) PRIMARY OFFENSE.—The term ‘primary
section or section 402. personal wireless communications device while— offense’ means an offense for which a law en-
‘‘(C) ALLOCATION.—Amounts made available ‘‘(i) operating an emergency services vehicle; forcement officer may stop a vehicle solely for
under this paragraph shall be allocated among and the purpose of issuing a citation in the absence
States described in subparagraph (A) on the ‘‘(ii) engaged in the performance of their du- of evidence of another offense.
basis of the apportionment formula set forth in ties as emergency services personnel; and ‘‘(D) PUBLIC ROAD.—The term ‘public road’
section 402(c). ‘‘(C) an individual employed as a commercial has the meaning given such term in section
‘‘(D) FUNDING.—Not more than 15 percent of motor vehicle driver or a school bus driver who 402(c).
the amounts made available to carry out this uses a personal wireless communications device ‘‘(E) TEXTING.—The term ‘texting’ means
subsection in a fiscal year shall be made avail- within the scope of such individual’s employ- reading from or manually entering data into a
able by the Secretary for making grants under ment if such use is permitted under the regula- personal wireless communications device, in-
this paragraph. tions promulgated pursuant to section 31152 of cluding doing so for the purpose of SMS texting,
‘‘(7) DEFINITIONS.—In this subsection: title 49. e-mailing, instant messaging, or engaging in
‘‘(A) 24-7 SOBRIETY PROGRAM.—The term ‘24-7 ‘‘(5) USE OF GRANT FUNDS.—Of the amounts any other form of electronic data retrieval or
sobriety program’ means a State law or program received by a State under this subsection— electronic data communication.
that authorizes a State court or a State agency, ‘‘(A) at least 50 percent shall be used— ‘‘(f) MOTORCYCLIST SAFETY.—
as a condition of sentence, probation, parole, or ‘‘(i) to educate the public through advertising ‘‘(1) GRANTS AUTHORIZED.—Subject to the re-
work permit, to— containing information about the dangers of quirements under this subsection, the Secretary
‘‘(i) require an individual who plead guilty or texting or using a cell phone while driving; shall award grants to States that adopt and im-
was convicted of driving under the influence of ‘‘(ii) for traffic signs that notify drivers about plement effective programs to reduce the number
alcohol or drugs to totally abstain from alcohol the distracted driving law of the State; or of single- and multi-vehicle crashes involving
or drugs for a period of time; and ‘‘(iii) for law enforcement costs related to the motorcyclists.
‘‘(ii) require the individual to be subject to enforcement of the distracted driving law; and ‘‘(2) ALLOCATION.—The amount of a grant
testing for alcohol or drugs— ‘‘(B) up to 50 percent may be used for any eli- awarded to a State for a fiscal year under this
‘‘(I) at least twice per day; gible project or activity under section 402. subsection may not exceed 25 percent of the
‘‘(II) by continuous transdermal alcohol moni- ‘‘(6) ADDITIONAL GRANTS.—In the first fiscal amount apportioned to the State for fiscal year
toring via an electronic monitoring device; or year that grants are awarded under this sub- 2003 under section 402.
‘‘(III) by an alternate method with the con- section, the Secretary may use up to 25 percent ‘‘(3) GRANT ELIGIBILITY.—A State becomes eli-
currence of the Secretary. of the amounts available for grants under this gible for a grant under this subsection by adopt-
‘‘(B) AVERAGE IMPAIRED DRIVING FATALITY subsection to award grants to States that— ing or demonstrating to the satisfaction of the
RATE.—The term ‘average impaired driving fa- ‘‘(A) enacted statutes before the date of enact- Secretary, at least 2 of the following criteria:
tality rate’ means the number of fatalities in ment of the Motor Vehicle and Highway Safety ‘‘(A) MOTORCYCLE RIDER TRAINING COURSES.—
motor vehicle crashes involving a driver with a Improvement Act of 2012, which meet the re- An effective motorcycle rider training course
blood alcohol concentration of at least 0.08 per- quirements set forth in subparagraphs (A) and that is offered throughout the State, which—
cent for every 100,000,000 vehicle miles traveled, (B) of paragraph (2); and ‘‘(i) provides a formal program of instruction
based on the most recently reported 3 calendar ‘‘(B) are otherwise ineligible for a grant under in accident avoidance and other safety-oriented
years of final data from the Fatality Analysis this subsection. operational skills to motorcyclists; and
Reporting System, as calculated in accordance ‘‘(7) ALLOCATION TO SUPPORT STATE DIS- ‘‘(ii) may include innovative training opportu-
with regulations prescribed by the Administrator TRACTED DRIVING LAWS.—Of the amounts avail- nities to meet unique regional needs.
of the National Highway Traffic Safety Admin- able under this subsection in a fiscal year for ‘‘(B) MOTORCYCLISTS AWARENESS PROGRAM.—
istration. distracted driving grants, the Secretary may ex- An effective statewide program to enhance mo-
‘‘(C) HIGH-RANGE STATE.—The term ‘high- pend up to $5,000,000 for the development and torist awareness of the presence of motorcyclists
range State’ means a State that has an average placement of broadcast media to support the en- on or near roadways and safe driving practices
impaired driving fatality rate of 0.60 or higher. forcement of State distracted driving laws. that avoid injuries to motorcyclists.
‘‘(D) LOW-RANGE STATE.—The term ‘low-range ‘‘(8) DISTRACTED DRIVING STUDY.— ‘‘(C) REDUCTION OF FATALITIES AND CRASHES
State’ means a State that has an average im- ‘‘(A) IN GENERAL.—The Secretary shall con- INVOLVING MOTORCYCLES.—A reduction for the
paired driving fatality rate of 0.30 or lower. duct a study of all forms of distracted driving. preceding calendar year in the number of motor-
‘‘(E) MID-RANGE STATE.—The term ‘mid-range ‘‘(B) COMPONENTS.—The study conducted cycle fatalities and the rate of motor vehicle
State’ means a State that has an average im- under subparagraph (A) shall— crashes involving motorcycles in the State (ex-
paired driving fatality rate that is higher than ‘‘(i) examine the effect of distractions other pressed as a function of 10,000 motorcycle reg-
0.30 and lower than 0.60. than the use of personal wireless communica- istrations).
‘‘(e) DISTRACTED DRIVING GRANTS.— tions on motor vehicle safety; ‘‘(D) IMPAIRED DRIVING PROGRAM.—Implemen-
‘‘(1) IN GENERAL.—The Secretary shall award ‘‘(ii) identify metrics to determine the nature tation of a statewide program to reduce im-
a grant under this subsection to any State that and scope of the distracted driving problem; paired driving, including specific measures to
enacts and enforces a statute that meets the re- ‘‘(iii) identify the most effective methods to reduce impaired motorcycle operation.
quirements set forth in paragraphs (2) and (3). enhance education and awareness; and ‘‘(E) REDUCTION OF FATALITIES AND ACCIDENTS
‘‘(2) PROHIBITION ON TEXTING WHILE DRIV- ‘‘(iv) identify the most effective method of re- INVOLVING IMPAIRED MOTORCYCLISTS.—A reduc-
ING.—A State statute meets the requirements set ducing deaths and injuries caused by all forms tion for the preceding calendar year in the num-
forth in this paragraph if the statute— of distracted driving. ber of fatalities and the rate of reported crashes
involving alcohol- or drug-impaired motorcycle ‘‘(II) prohibits the driver from using a cellular ‘‘(v) carrying out a teen traffic safety program
operators (expressed as a function of 10,000 mo- telephone or any communications device in a described in section 402(m); and
torcycle registrations). nonemergency situation; and ‘‘(B) up to 75 percent may be used for any eli-
‘‘(F) FEES COLLECTED FROM MOTORCYCLISTS.— ‘‘(III) remains in effect until the driver— gible project or activity under section 402.’’.
All fees collected by the State from motorcyclists ‘‘(aa) reaches 16 years of age and enters the (b) CONFORMING AMENDMENT.—The analysis
for the purposes of funding motorcycle training intermediate stage; or for chapter 4 of title 23, United States Code, is
and safety programs will be used for motorcycle ‘‘(bb) reaches 18 years of age; amended by striking the item relating to section
training and safety purposes. ‘‘(ii) an intermediate stage that— 405 and inserting the following:
‘‘(4) ELIGIBLE USES.— ‘‘(I) commences immediately after the expira- ‘‘405. National priority safety programs.’’.
‘‘(A) IN GENERAL.—A State may use funds tion of the learner’s permit stage; SEC. 31106. HIGH VISIBILITY ENFORCEMENT PRO-
from a grant under this subsection only for mo- ‘‘(II) is at least 6 months in duration; GRAM.
torcyclist safety training and motorcyclist ‘‘(III) prohibits the driver from using a cel- Section 2009 of SAFETEA–LU (23 U.S.C. 402
awareness programs, including— lular telephone or any communications device in note) is amended—
‘‘(i) improvements to motorcyclist safety train- a nonemergency situation; (1) in subsection (a)—
ing curricula; ‘‘(IV) restricts driving at night; (A) by striking ‘‘at least 2’’ and inserting ‘‘at
‘‘(ii) improvements in program delivery of mo- ‘‘(V) prohibits the driver from operating a least 3’’; and
torcycle training to both urban and rural areas, motor vehicle with more than 1 nonfamilial pas- (B) by striking ‘‘years 2006 through 2012.’’
including— senger younger than 21 years of age unless a li- and inserting ‘‘fiscal years 2013 and 2014. The
‘‘(I) procurement or repair of practice motor- censed driver who is at least 21 years of age is Administrator may also initiate and support ad-
cycles; in the motor vehicle; and ditional campaigns in each of fiscal years 2013
‘‘(II) instructional materials; ‘‘(VI) remains in effect until the driver and 2014 for the purposes specified in subsection
‘‘(III) mobile training units; and reaches 18 years of age; and (b).’’;
‘‘(IV) leasing or purchasing facilities for ‘‘(iii) any other requirement prescribed by the (2) in subsection (b), by striking ‘‘either or
closed-course motorcycle skill training; Secretary of Transportation, including— both’’ and inserting ‘‘outcomes related to at
‘‘(iii) measures designed to increase the re- ‘‘(I) in the learner’s permit stage— least 1’’;
cruitment or retention of motorcyclist safety ‘‘(aa) at least 40 hours of behind-the-wheel (3) in subsection (c), by inserting ‘‘and Inter-
training instructors; and training with a licensed driver who is at least 21 net-based outreach’’ after ‘‘print media adver-
‘‘(iv) public awareness, public service an- years of age; tising’’;
nouncements, and other outreach programs to ‘‘(bb) a driver training course; and (4) in subsection (e), by striking ‘‘subsections
enhance driver awareness of motorcyclists, such ‘‘(cc) a requirement that the driver be accom- (a), (c), and (f)’’ and inserting ‘‘subsection (c)’’;
as the ‘share-the-road’ safety messages devel- panied and supervised by a licensed driver, who (5) by striking subsection (f); and
oped under subsection (g). is at least 21 years of age, at all times while (6) by redesignating subsection (g) as sub-
‘‘(B) SUBALLOCATIONS OF FUNDS.—An agency such driver is operating a motor vehicle; and section (f).
of a State that receives a grant under this sub- ‘‘(II) in the learner’s permit or intermediate SEC. 31107. AGENCY ACCOUNTABILITY.
section may suballocate funds from the grant to stage, a requirement, in addition to any other Section 412 of title 23, United States Code, is
a nonprofit organization incorporated in that penalties imposed by State law, that the grant amended—
State to carry out this subsection. of an unrestricted driver’s license be automati- (1) by amending subsection (a) to read as fol-
‘‘(5) DEFINITIONS.—In this subsection: cally delayed for any individual who, during lows:
‘‘(A) MOTORCYCLIST AWARENESS.—The term the learner’s permit or intermediate stage, is ‘‘(a) TRIENNIAL STATE MANAGEMENT RE-
‘motorcyclist awareness’ means individual or convicted of a driving-related offense, includ- VIEWS.—
collective awareness of— ing— ‘‘(1) IN GENERAL.—Except as provided under
‘‘(i) the presence of motorcycles on or near ‘‘(aa) driving while intoxicated; paragraph (2), the Secretary shall conduct a re-
roadways; and ‘‘(bb) misrepresentation of his or her true age; view of each State highway safety program at
‘‘(ii) safe driving practices that avoid injury ‘‘(cc) reckless driving; least once every 3 years.
to motorcyclists. ‘‘(dd) driving without wearing a seat belt; ‘‘(2) EXCEPTIONS.—The Secretary may conduct
‘‘(B) MOTORCYCLIST AWARENESS PROGRAM.— ‘‘(ee) speeding; or reviews of the highway safety programs of the
The term ‘motorcyclist awareness program’ ‘‘(ff) any other driving-related offense, as de- United States Virgin Islands, Guam, American
means an informational or public awareness termined by the Secretary. Samoa, and the Commonwealth of the Northern
program designed to enhance motorcyclist ‘‘(3) RULEMAKING.— Mariana Islands as often as the Secretary deter-
awareness that is developed by or in coordina- ‘‘(A) IN GENERAL.—The Secretary shall pro- mines to be appropriate.
tion with the designated State authority having mulgate regulations necessary to implement the ‘‘(3) COMPONENTS.—Reviews under this sub-
jurisdiction over motorcyclist safety issues, requirements set forth in paragraph (2), in ac- section shall include—
which may include the State motorcycle safety cordance with the notice and comment provi- ‘‘(A) a management evaluation of all grant
administrator or a motorcycle advisory council sions under section 553 of title 5. programs funded under this chapter;
appointed by the governor of the State. ‘‘(B) EXCEPTION.—A State that otherwise ‘‘(B) an assessment of State data collection
‘‘(C) MOTORCYCLIST SAFETY TRAINING.—The meets the minimum requirements set forth in and evaluation relating to performance meas-
term ‘motorcyclist safety training’ means a for- paragraph (2) shall be deemed by the Secretary ures established by the Secretary;
mal program of instruction that is approved for to be in compliance with the requirement set ‘‘(C) a comparison of State efforts under sub-
use in a State by the designated State authority forth in paragraph (2) if the State enacted a law paragraphs (A) and (B) to best practices and
having jurisdiction over motorcyclist safety before January 1, 2011, establishing a class of li- programs that have been evaluated for effective-
issues, which may include the State motorcycle cense that permits licensees or applicants ness; and
safety administrator or a motorcycle advisory younger than 18 years of age to drive a motor ‘‘(D) the development of recommendations on
council appointed by the governor of the State. vehicle— how each State could—
‘‘(D) STATE.—The term ‘State’ has the mean- ‘‘(i) in connection with work performed on, or ‘‘(i) improve the management and oversight of
ing given such term in section 101(a) of title 23, for the operation of, a farm owned by family its grant activities; and
United States Code. members who are directly related to the appli- ‘‘(ii) provide a management and oversight
‘‘(g) STATE GRADUATED DRIVER LICENSING IN- cant or licensee; or plan for such grant programs.’’; and
CENTIVE GRANT.— ‘‘(ii) if demonstrable hardship would result (2) by striking subsection (f).
‘‘(1) GRANTS AUTHORIZED.—Subject to the re- from the denial of a license to the licensees or SEC. 31108. EMERGENCY MEDICAL SERVICES.
quirements under this subsection, the Secretary applicants. Section 10202 of Public Law 109–59 (42 U.S.C.
shall award grants to States that adopt and im- ‘‘(4) ALLOCATION.—Grant funds allocated to a 300d–4), is amended by adding at the end the
plement graduated driver licensing laws in ac- State under this subsection for a fiscal year following:
cordance with the requirements set forth in shall be in proportion to a State’s apportion- ‘‘(b) NATIONAL EMERGENCY MEDICAL SERVICES
paragraph (2). ment under section 402 for such fiscal year. ADVISORY COUNCIL.—
‘‘(2) MINIMUM REQUIREMENTS.— ‘‘(5) USE OF FUNDS.—Of the grant funds re- ‘‘(1) ESTABLISHMENT.—The Secretary of
‘‘(A) IN GENERAL.—A State meets the require- ceived by a State under this subsection— Transportation, in coordination with the Sec-
ments set forth in this paragraph if the State ‘‘(A) at least 25 percent shall be used for— retary of Health and Human Services and the
has a graduated driver licensing law that re- ‘‘(i) enforcing a 2-stage licensing process that Secretary of Homeland Security, shall establish
quires novice drivers younger than 21 years of complies with paragraph (2); a National Emergency Medical Services Advi-
age to comply with the 2-stage licensing process ‘‘(ii) training for law enforcement personnel sory Council (referred to in this subsection as
described in subparagraph (B) before receiving and other relevant State agency personnel relat- the ‘Advisory Council’).
an unrestricted driver’s license. ing to the enforcement described in clause (i); ‘‘(2) MEMBERSHIP.—The Advisory Council
‘‘(B) LICENSING PROCESS.—A State is in com- ‘‘(iii) publishing relevant educational mate- shall be composed of 25 members, who—
pliance with the 2-stage licensing process de- rials that pertain directly or indirectly to the ‘‘(A) shall be appointed by the Secretary of
scribed in this subparagraph if the State’s driv- State graduated driver licensing law; Transportation; and
er’s license laws include— ‘‘(iv) carrying out other administrative activi- ‘‘(B) shall collectively be representative of all
‘‘(i) a learner’s permit stage that— ties that the Secretary considers relevant to the sectors of the emergency medical services com-
‘‘(I) is at least 6 months in duration; State’s 2-stage licensing process; and munity.
‘‘(3) PURPOSES.—The purposes of the Advisory Subtitle B—Enhanced Safety Authorities ulations are issued under subsection (b) or 1
Council are to advise and consult with— SEC. 31201. DEFINITION OF MOTOR VEHICLE year after the date of enactment of this Act.
‘‘(A) the Federal Interagency Committee on EQUIPMENT. SEC. 31204. MOTOR VEHICLE SAFETY RESEARCH
Emergency Medical Services on matters relating Section 30102(a)(7)(C) of title 49, United States AND DEVELOPMENT.
to emergency medical services issues; and Code, is amended to read as follows: (a) IN GENERAL.—Chapter 301 of title 49,
‘‘(B) the Secretary of Transportation on mat- ‘‘(C) any device or an article or apparel, in- United States Code, is amended by adding at the
ters relating to emergency medical services cluding a motorcycle helmet and excluding med- end the following:
issues affecting the Department of Transpor- icine or eyeglasses prescribed by a licensed prac- ‘‘SUBCHAPTER V—MOTOR VEHICLE
tation. titioner, that— SAFETY RESEARCH AND DEVELOPMENT
‘‘(4) ADMINISTRATION.—The Administrator of ‘‘(i) is not a system, part, or component of a ‘‘§ 30181. Policy
the National Highway Traffic Safety Adminis- motor vehicle; and
tration shall provide administrative support to ‘‘(ii) is manufactured, sold, delivered, or of- ‘‘The Secretary of Transportation shall con-
the Advisory Council, including scheduling fered to be sold for use on public streets, roads, duct research, development, and testing on any
meetings, setting agendas, keeping minutes and and highways with the apparent purpose of area or aspect of motor vehicle safety necessary
records, and producing reports. safeguarding users of motor vehicles against risk to carry out this chapter.
‘‘(5) LEADERSHIP.—The members of the Advi- of accident, injury, or death.’’. ‘‘§ 30182. Powers and duties
sory Council shall annually select a chairperson SEC. 31202. PERMIT REMINDER SYSTEM FOR NON- ‘‘(a) IN GENERAL.—The Secretary of Transpor-
of the Advisory Council. USE OF SAFETY BELTS. tation shall—
‘‘(6) MEETINGS.—The Advisory Council shall (a) IN GENERAL.—Chapter 301 of title 49, ‘‘(1) conduct motor vehicle safety research, de-
meet as frequently as is determined necessary by United States Code, is amended— velopment, and testing programs and activities,
the chairperson of the Advisory Council. (1) in section 30122, by striking subsection (d); including activities related to new and emerging
‘‘(7) ANNUAL REPORTS.—The Advisory Council and technologies that impact or may impact motor
shall prepare an annual report to the Secretary (2) by amending section 30124 to read as fol- vehicle safety;
of Transportation regarding the Advisory Coun- lows: ‘‘(2) collect and analyze all types of motor ve-
cil’s actions and recommendations.’’. ‘‘§ 30124. Nonuse of safety belts hicle and highway safety data and related in-
SEC. 31109. REPEAL OF PROGRAMS. formation to determine the relationship between
‘‘A motor vehicle safety standard prescribed
(a) GENERAL PROVISION.—A repeal made by motor vehicle or motor vehicle equipment per-
under this chapter may not require a manufac-
this section shall not affect amounts appor- formance characteristics and—
turer to comply with the standard by using a
‘‘(A) accidents involving motor vehicles; and
tioned or allocated before the effective date of safety belt interlock designed to prevent starting
‘‘(B) deaths or personal injuries resulting from
such repeal, provided that such apportioned or or operating a motor vehicle if an occupant is
those accidents.
allocated funds continue to be subject to the re- not using a safety belt.’’.
‘‘(b) ACTIVITIES.—In carrying out a program
quirements to which such funds were subject (b) CONFORMING AMENDMENT.—The analysis
under this section, the Secretary of Transpor-
under the repealed section as in effect on the for chapter 301 of title 49, United States Code, is
tation may—
day before the date of the repeal. amended by striking the item relating to section
‘‘(1) promote, support, and advance the edu-
(b) SAFETY BELT PERFORMANCE GRANTS.—Sec- 30124 and inserting the following:
cation and training of motor vehicle safety staff
tion 406 of title 23, United States Code, and the ‘‘Sec. 30124. Nonuse of safety belts.’’. of the National Highway Traffic Safety Admin-
item relating to section 406 in the analysis for SEC. 31203. CIVIL PENALTIES. istration in motor vehicle safety research pro-
chapter 4 of title 23, United States Code, are re-
(a) IN GENERAL.—Section 30165 of title 49, grams and activities, including using program
pealed.
United States Code, is amended— funds for planning, implementing, conducting,
(c) INNOVATIVE PROJECT GRANTS.—Section 407
(1) in subsection (a)— and presenting results of program activities, and
of title 23, United States Code, and the item re-
(A) in paragraph (1)— for related expenses;
lating to section 407 in the analysis for chapter
(i) by striking ‘‘30123(d)’’ and inserting ‘‘(2) obtain experimental and other motor ve-
4, are repealed.
‘‘30123(a)’’; and hicles and motor vehicle equipment for research
(d) STATE TRAFFIC SAFETY INFORMATION SYS- (ii) by striking ‘‘$15,000,000’’ and inserting or testing;
TEM IMPROVEMENTS.—Section 408 of title 23,
‘‘$35,000,000’’; and ‘‘(3)(A) use any test motor vehicles and motor
United States Code, and the item relating to sec- (B) in paragraph (3), by striking ‘‘$15,000,000’’ vehicle equipment suitable for continued use, as
tion 408 in the analysis for chapter 4, are re- and inserting ‘‘$35,000,000’’; and determined by the Secretary to assist in carrying
pealed. (2) by amending subsection (c) to read as fol- out this chapter or any other chapter of this
(e) ALCOHOL-IMPAIRED DRIVING COUNTER- lows: title; or
MEASURES.—Section 410 of title 23, United States ‘‘(c) RELEVANT FACTORS IN DETERMINING ‘‘(B) sell or otherwise dispose of test motor ve-
Code, and the item relating to section 410 in the AMOUNT OF PENALTY OR COMPROMISE.—In de- hicles and motor vehicle equipment and use the
analysis for chapter 4, are repealed. termining the amount of a civil penalty or com- resulting proceeds to carry out this chapter;
(f) STATE HIGHWAY SAFETY DATA IMPROVE- promise under this section, the Secretary of ‘‘(4) award grants to States and local govern-
MENTS.—Section 411 of title 23, United States Transportation shall consider the nature, cir- ments, interstate authorities, and nonprofit in-
Code, and the item relating to section 411 in the cumstances, extent, and gravity of the violation. stitutions; and
analysis for chapter 4, are repealed. Such determination shall include, as appro- ‘‘(5) enter into cooperative agreements, col-
(g) MOTORCYCLIST SAFETY.—Section 2010 of priate— laborative research, or contracts with Federal
SAFETEA-LU (23 U.S.C. 402 note), and the item ‘‘(1) the nature of the defect or noncompli- agencies, interstate authorities, State and local
relating to section 2010 in the table of contents ance; governments, other public entities, private orga-
under section 1(b) of such Act, are repealed. ‘‘(2) knowledge by the person charged of its nizations and persons, nonprofit institutions,
(h) CHILD SAFETY AND CHILD BOOSTER SEAT obligations under this chapter; colleges and universities, consumer advocacy
INCENTIVE GRANTS.—Section 2011 of SAFETEA- ‘‘(3) the severity of the risk of injury; groups, corporations, partnerships, sole propri-
LU (23 U.S.C. 405 note), and the item relating to ‘‘(4) the occurrence or absence of injury; etorships, trade associations, Federal labora-
section 2011 in the table of contents under sec- ‘‘(5) the number of motor vehicles or items of tories (including government-owned, govern-
tion 1(b) of that Act, are repealed. motor vehicle equipment distributed with the de- ment-operated laboratories and government-
(i) DRUG-IMPAIRED DRIVING ENFORCEMENT.— fect or noncompliance; owned, contractor-operated laboratories), and
Section 2013 of SAFETEA-LU (23 U.S.C. 403 ‘‘(6) actions taken by the person charged to research organizations.
note), and the item relating to section 2013 in identify, investigate, or mitigate the condition; ‘‘(c) USE OF PUBLIC AGENCIES.—In carrying
the table of contents under section 1(b) of that ‘‘(7) the appropriateness of such penalty in re- out this subchapter, the Secretary shall avoid
Act, are repealed. lation to the size of the business of the person duplication by using the services, research, and
(j) FIRST RESPONDER VEHICLE SAFETY PRO- charged, including the potential for undue ad- testing facilities of public agencies, as appro-
GRAM.—Section 2014 of SAFETEA-LU (23 U.S.C. verse economic impacts; priate.
402 note), and the item relating to section 2014 ‘‘(8) whether the person has been assessed ‘‘(d) FACILITIES.—The Secretary may plan, de-
in the table of contents under section 1(b) of civil penalties under this section during the sign, and construct a new facility or modify an
that Act, are repealed. most recent 5 years; and existing facility to conduct research, develop-
(k) RURAL STATE EMERGENCY MEDICAL SERV- ‘‘(9) other appropriate factors.’’. ment, and testing in traffic safety, highway
ICES OPTIMIZATION PILOT PROGRAM.—Section (b) CIVIL PENALTY CRITERIA.—Not later than safety, and motor vehicle safety. An expenditure
2016 of SAFETEA-LU (119 Stat. 1541), and the 1 year after the date of enactment of this Act, of more than $1,500,000 for planning, design, or
item relating to section 2016 in the table of con- the Secretary shall issue a final rule, in accord- construction may be made only if 60 days prior
tents under section 1(b) of that Act, are re- ance with the procedures of section 553 of title notice of the planning, design, or construction is
pealed. 5, United States Code, which provides an inter- provided to the Committees on Science, Space,
(l) OLDER DRIVER SAFETY; LAW ENFORCEMENT pretation of the penalty factors described in sec- and Technology and Transportation and Infra-
TRAINING.—Section 2017 of SAFETEA-LU (119 tion 30165(c) of title 49, United States Code. structure of the House of Representatives and
Stat. 1541), and the item relating to section 2017 (c) EFFECTIVE DATE.—The amendments made the Committees on Commerce, Science, and
in the table of contents under section 1(b) of by subsection (a) shall take effect on the date Transportation and Environment and Public
that Act, are repealed. that is the earlier of the date on which final reg- Works of the Senate. The notice shall include—
‘‘(1) a brief description of the facility being (1) in subsection (a), by adding at the end the manufacturers (or wholly owned subsidiaries) of
planned, designed, or constructed; following: motor vehicles that, prior to the date of enact-
‘‘(2) the location of the facility; ‘‘(3) Except as provided in this section, section ment of the Motor Vehicle and Highway Safety
‘‘(3) an estimate of the maximum cost of the 30114, subsections (i) and (j) of section 30120, Improvement Act of 2012—
facility; and subchapter III, a person may not sell, offer ‘‘(1) have imported motor vehicles into the
‘‘(4) a statement identifying private and pub- for sale, introduce or deliver for introduction in United States that are certified to comply with
lic agencies that will use the facility and the interstate commerce, or import into the United all applicable Federal motor vehicle safety
contribution each agency will make to the cost States any motor vehicle or motor vehicle equip- standards;
of the facility; and ment if the vehicle or equipment contains a de- ‘‘(2) have submitted to the Secretary appro-
‘‘(5) a justification of the need for the facility. fect related to motor vehicle safety about which priate manufacturer identification information
‘‘(e) INCREASING COSTS OF APPROVED FACILI- notice was given under section 30118(c) or an under part 566 of title 49, Code of Federal Regu-
TIES.—The estimated maximum cost of a facility lations; and
order was issued under section 30118(b). Nothing
noticed under subsection (d) may be increased in this paragraph may be construed to prohibit ‘‘(3) if applicable, have identified a current
by an amount equal to the percentage increase the importation of a new motor vehicle that re- agent for service of process in accordance with
in construction costs from the date the notice is ceives a required recall remedy before being sold part 551 of title 49, Code of Federal Regulations.
submitted to Congress. However, the increase in ‘‘(f) RULEMAKING.—In issuing regulations
to a consumer in the United States.’’; and
the cost of the facility may not be more than 10 under this section, the Secretary shall seek to
(2) in subsection (b)(2)—
percent of the estimated maximum cost included reduce duplicative requirements by coordinating
(A) in subparagraph (A), by striking ‘‘or’’ at
in the notice. The Secretary shall decide what with the Department of Homeland Security.’’.
the end;
increase in construction costs has occurred. SEC. 31209. PORT INSPECTIONS; SAMPLES FOR
(B) in subparagraph (B), by adding ‘‘or’’ at EXAMINATION OR TESTING.
‘‘(f) AVAILABILITY OF INFORMATION, PATENTS,
the end; and Section 30166(c) of title 49, United States Code,
AND DEVELOPMENTS.—When the United States
(C) by adding at the end the following: is amended—
Government makes more than a minimal con-
‘‘(C) having no reason to know, despite exer- (1) in paragraph (2), by striking ‘‘and’’ at the
tribution to a research or development activity
cising reasonable care, that a motor vehicle or end;
under this chapter, the Secretary shall include
motor vehicle equipment contains a defect re- (2) in paragraph (3)—
in the arrangement for the activity a provision
lated to motor vehicle safety about which notice (A) in subparagraph (A), by inserting ‘‘(in-
to ensure that all information, patents, and de-
was given under section 30118(c) or an order was cluding at United States ports of entry)’’ after
velopments related to the activity are available
issued under section 30118(b);’’. ‘‘held for introduction in interstate commerce’’;
to the public. The owner of a background patent
SEC. 31208. CONDITIONS ON IMPORTATION OF VE- and
may not be deprived of a right under the patent. HICLES AND EQUIPMENT. (B) in subparagraph (D), by striking the pe-
‘‘§ 30183. Prohibition on certain disclosures. Chapter 301 of title 49, United States Code, is riod at the end and inserting a semicolon; and
‘‘Any report of the National Highway Traffic amended— (3) by adding at the end the following:
Safety Administration, or of any officer, em- (1) in the chapter analysis, by striking the ‘‘(4) shall enter into a memorandum of under-
ployee, or contractor of the National Highway item relating to section 30164 and inserting the standing with the Secretary of Homeland Secu-
Traffic Safety Administration, relating to any following: rity for inspections and sampling of motor vehi-
highway traffic accident or the investigation of cle equipment being offered for import to deter-
‘‘30164. Service of process; conditions on impor- mine compliance with this chapter or a regula-
such accident conducted pursuant to this chap- tation of vehicles and equip-
ter or section 403 of title 23, may be made avail- tion or order issued under this chapter.’’.
ment.’’;
able to the public only in a manner that does Subtitle C—Transparency and Accountability
and
not identify individuals.’’. (2) in section 30164— SEC. 31301. PUBLIC AVAILABILITY OF RECALL IN-
(b) CONFORMING AMENDMENTS.— FORMATION.
(1) AMENDMENT OF CHAPTER ANALYSIS.—The (A) in the section heading, by adding ‘‘; CON-
(a) VEHICLE RECALL INFORMATION.—Not later
chapter analysis for chapter 301 of title 49, DITIONS ON IMPORTATION OF VEHICLES
than 1 year after the date of enactment of this
United States Code, is amended by adding at the AND EQUIPMENT’’ at the end; and
Act, the Secretary shall require that motor vehi-
end the following: (B) by adding at the end the following:
cle safety recall information—
‘‘(c) IDENTIFYING INFORMATION.—A manufac- (1) be available to the public on the Internet;
‘‘SUBCHAPTER V—MOTOR VEHICLE SAFETY turer (including an importer) offering a motor
RESEARCH AND DEVELOPMENT (2) be searchable by vehicle make and model
vehicle or motor vehicle equipment for import and vehicle identification number;
‘‘30181. Policy. shall provide, upon request, such information (3) be in a format that preserves consumer pri-
‘‘30182. Powers and duties. that is necessary to identify and track the prod- vacy; and
‘‘30183. Prohibition on certain disclosures.’’. ucts as the Secretary, by rule, may specify, in- (4) includes information about each recall
(2) DELETION OF REDUNDANT MATERIAL.— cluding— that has not been completed for each vehicle.
Chapter 301 of title 49, United States Code, is ‘‘(1) the product by name and the manufac- (b) RULEMAKING.—The Secretary may initiate
amended— turer’s address; and a rulemaking proceeding to require each manu-
(A) in the chapter analysis, by striking the ‘‘(2) each retailer or distributor to which the facturer to provide the information described in
item relating to section 30168; and manufacturer directly supplied motor vehicles or subsection (a), with respect to that manufactur-
(B) by striking section 30168. motor vehicle equipment over which the Sec- er’s motor vehicles, on a publicly accessible
SEC. 31205. ODOMETER REQUIREMENTS. retary has jurisdiction under this chapter. Internet website. Any rules promulgated under
(a) DEFINITION.—Section 32702(5) of title 49, ‘‘(d) REGULATIONS ON THE IMPORT OF A this subsection—
United States Code, is amended by inserting ‘‘or MOTOR VEHICLE.—The Secretary may issue reg- (1) shall limit the information that must be
system of components’’ after ‘‘instrument’’. ulations that— made available under this section to include
(b) ELECTRONIC DISCLOSURES OF ODOMETER ‘‘(1) condition the import of a motor vehicle or only those recalls issued not more than 15 years
INFORMATION.—Section 32705 of title 49, United motor vehicle equipment on the manufacturer’s prior to the date of enactment of this Act;
States Code, is amended by adding at the end compliance with— (2) may require information under paragraph
the following: ‘‘(A) the requirements under this section; (1) to be provided to a dealer or an owner of a
‘‘(g) ELECTRONIC DISCLOSURES.—Not later ‘‘(B) paragraph (1) or (3) of section 30112(a) vehicle at no charge; and
than 18 months after the date of enactment of (3) shall permit a manufacturer a reasonable
with respect to such motor vehicle or motor vehi-
the Motor Vehicle and Highway Safety Improve- period of time after receiving information from a
cle equipment;
ment Act of 2012, in carrying out this section, dealer with respect to a vehicle to update the in-
‘‘(C) the provision of reports and records re-
the Secretary shall prescribe regulations permit- formation about the vehicle on the publicly ac-
quired to be maintained with respect to such
ting any written disclosures or notices and re- cessible Internet website.
motor vehicle or motor vehicle equipment under (c) PROMOTION OF PUBLIC AWARENESS.—The
lated matters to be provided electronically.’’. this chapter;
SEC. 31206. INCREASED PENALTIES AND DAM- Secretary, in consultation with the heads of
‘‘(D) a request for inspection of premises, ve- other relevant agencies, shall promote consumer
AGES FOR ODOMETER FRAUD.
hicle, or equipment under section 30166; awareness of the information made available to
Chapter 327 of title 49, United States Code, is ‘‘(E) an order or voluntary agreement to rem-
amended— the public pursuant to this section.
edy such vehicle or equipment; or
(1) in section 32709(a)(1)— SEC. 31302. NATIONAL HIGHWAY TRAFFIC SAFETY
(A) by striking ‘‘$2,000’’ and inserting ‘‘(F) any rules implementing the requirements ADMINISTRATION OUTREACH TO
‘‘$10,000’’; and described in this subsection; MANUFACTURER, DEALER, AND ME-

(B) by striking ‘‘$100,000’’ and inserting ‘‘(2) provide an opportunity for the manufac- CHANIC PERSONNEL.
‘‘$1,000,000’’; and turer to present information before the Sec- The Secretary shall publicize the means for
(2) in section 32710(a), by striking ‘‘$1,500’’ retary’s determination as to whether the manu- contacting the National Highway Traffic Safety
and inserting ‘‘$10,000’’. facturer’s imports should be restricted; and Administration in a manner that targets me-
SEC. 31207. EXTEND PROHIBITIONS ON IMPORT- ‘‘(3) establish a process by which a manufac- chanics, passenger motor vehicle dealership per-
ING NONCOMPLIANT VEHICLES AND turer may petition for reinstatement of its abil- sonnel, and manufacturer personnel.
EQUIPMENT TO DEFECTIVE VEHI- ity to import motor vehicles or motor vehicle SEC. 31303. PUBLIC AVAILABILITY OF COMMU-
CLES AND EQUIPMENT. equipment. NICATIONS TO DEALERS.
Section 30112 of title 49, United States Code, is ‘‘(e) EXCEPTION.—The requirements of sub- (a) INTERNET ACCESSIBILITY.—Section 30166(f)
amended— sections (c) and (d) shall not apply to original of title 49, United States Code, is amended—
(1) by striking ‘‘A manufacturer shall give the ‘‘(1) RULEMAKING REQUIRED.—Not later than 1 person named in the complaint an opportunity
Secretary of Transportation’’ and inserting the year after the date of enactment of the Motor to submit to the Secretary a written response to
following: Vehicle and Highway Safety Improvement Act the complaint and an opportunity to meet with
‘‘(1) IN GENERAL.—A manufacturer shall give of 2012, the Secretary shall prescribe regulations a representative of the Secretary to present
the Secretary of Transportation, and the Sec- that require passenger motor vehicle manufac- statements from witnesses, the Secretary shall
retary shall make available on a publicly acces- turers— conduct an investigation and determine whether
sible Internet website,’’; and ‘‘(A) to affix, in the glove compartment or in there is reasonable cause to believe that the
(2) by adding at the end the following: another readily accessible location on the vehi- complaint has merit and notify, in writing, the
‘‘(2) INDEX.—Communications required to be cle, a sticker, decal, or other device that pro- complainant and the person alleged to have
submitted to the Secretary under this subsection vides, in simple and understandable language, committed a violation of subsection (a) of the
shall be accompanied by an index to each com- information about how to submit a safety-re- Secretary’s findings. If the Secretary concludes
munication, that— lated motor vehicle defect complaint to the Na- that there is a reasonable cause to believe that
‘‘(A) identifies the make, model, and model tional Highway Traffic Safety Administration; a violation of subsection (a) has occurred, the
year of the affected vehicles; ‘‘(B) to prominently print the information de- Secretary shall accompany the Secretary’s find-
‘‘(B) includes a concise summary of the sub- scribed in subparagraph (A) within the owner’s ings with a preliminary order providing the re-
ject matter of the communication; and manual; and lief prescribed by paragraph (3)(B). Not later
‘‘(C) shall be made available by the Secretary ‘‘(C) to not place such information on the than 30 days after the date of notification of
to the public on the Internet in a searchable for- label required under section 3 of the Automobile findings under this paragraph, either the person
mat.’’. Information Disclosure Act (15 U.S.C. 1232). alleged to have committed the violation or the
SEC. 31304. CORPORATE RESPONSIBILITY FOR ‘‘(2) APPLICATION.—The requirements under complainant may file objections to the findings
NATIONAL HIGHWAY TRAFFIC SAFE- paragraph (1) shall apply to passenger motor ve- or preliminary order, or both, and request a
TY ADMINISTRATION REPORTS. hicles manufactured in any model year begin- hearing on the record. The filing of such objec-
(a) IN GENERAL.—Section 30166 of title 49, ning more than 1 year after the date on which tions shall not operate to stay any reinstatement
United States Code, is amended by adding at the a final rule is published under paragraph (1).’’. remedy contained in the preliminary order. Such
end the following: SEC. 31307. WHISTLEBLOWER PROTECTIONS FOR hearings shall be conducted expeditiously. If a
‘‘(o) CORPORATE RESPONSIBILITY FOR RE- MOTOR VEHICLE MANUFACTURERS, hearing is not requested in such 30-day period,
PORTS.— PART SUPPLIERS, AND DEALERSHIP the preliminary order shall be deemed a final
‘‘(1) IN GENERAL.—The Secretary may promul- EMPLOYEES. order that is not subject to judicial review.
gate rules requiring a senior official responsible (a) IN GENERAL.—Subchapter IV of chapter ‘‘(B) REQUIREMENTS.—
301 of title 49, United States Code, is amended ‘‘(i) REQUIRED SHOWING BY COMPLAINANT.—
for safety in any company submitting informa-
by adding at the end the following: The Secretary shall dismiss a complaint filed
tion to the Secretary in response to a request for under this subsection and shall not conduct an
information in a safety defect or compliance in- ‘‘§ 30171. Protection of employees providing investigation otherwise required under subpara-
vestigation under this chapter to certify that— motor vehicle safety information graph (A) unless the complainant makes a
‘‘(A) the signing official has reviewed the sub- ‘‘(a) DISCRIMINATION AGAINST EMPLOYEES OF prima facie showing that any behavior described
mission; and MANUFACTURERS, PART SUPPLIERS, AND DEAL- in paragraphs (1) through (5) of subsection (a)
‘‘(B) based on the official’s knowledge, the ERSHIPS.—No motor vehicle manufacturer, part was a contributing factor in the unfavorable
submission does not— supplier, or dealership may discharge an em- personnel action alleged in the complaint.
‘‘(i) contain any untrue statement of a mate- ployee or otherwise discriminate against an em- ‘‘(ii) SHOWING BY EMPLOYER.—Notwith-
rial fact; or ployee with respect to compensation, terms, con- standing a finding by the Secretary that the
‘‘(ii) omit to state a material fact necessary in ditions, or privileges of employment because the complainant has made the showing required
order to make the statements made not mis- employee (or any person acting pursuant to a under clause (i), no investigation otherwise re-
leading, in light of the circumstances under request of the employee)— quired under subparagraph (A) shall be con-
which such statements were made. ‘‘(1) provided, caused to be provided, or is ducted if the employer demonstrates, by clear
‘‘(2) NOTICE.—The certification requirements about to provide (with any knowledge of the em- and convincing evidence, that the employer
of this section shall be clearly stated on any re- ployer) or cause to be provided to the employer would have taken the same unfavorable per-
quest for information under paragraph (1).’’. or the Secretary of Transportation information sonnel action in the absence of that behavior.
(b) CIVIL PENALTY.—Section 30165(a) of title relating to any motor vehicle defect, noncompli- ‘‘(iii) CRITERIA FOR DETERMINATION BY SEC-
49, United States Code, is amended— ance, or any violation or alleged violation of RETARY.—The Secretary may determine that a
(1) in paragraph (3), by striking ‘‘A person’’ any notification or reporting requirement of this violation of subsection (a) has occurred only if
and inserting ‘‘Except as provided in paragraph chapter; the complainant demonstrates that any behavior
(4), a person’’; and ‘‘(2) has filed, caused to be filed, or is about described in paragraphs (1) through (5) of sub-
(2) by adding at the end the following: to file (with any knowledge of the employer) or section (a) was a contributing factor in the un-
‘‘(4) FALSE OR MISLEADING REPORTS.—A per- cause to be filed a proceeding relating to any favorable personnel action alleged in the com-
son who knowingly and willfully submits mate- violation or alleged violation of any motor vehi- plaint.
rially false or misleading information to the Sec- cle defect, noncompliance, or any violation or ‘‘(iv) PROHIBITION.—Relief may not be ordered
retary, after certifying the same information as alleged violation of any notification or reporting under subparagraph (A) if the employer dem-
accurate under the certification process estab- requirement of this chapter; onstrates, by clear and convincing evidence,
lished pursuant to section 30166(o), shall be sub- ‘‘(3) testified or is about to testify in such a that the employer would have taken the same
ject to a civil penalty of not more than $5,000 proceeding; unfavorable personnel action in the absence of
per day. The maximum penalty under this para- ‘‘(4) assisted or participated or is about to as- that behavior.
graph for a related series of daily violations is sist or participate in such a proceeding; or ‘‘(3) FINAL ORDER.—
$1,000,000.’’. ‘‘(A) DEADLINE FOR ISSUANCE; SETTLEMENT
‘‘(5) objected to, or refused to participate in,
AGREEMENTS.—Not later than 120 days after the
SEC. 31305. PASSENGER MOTOR VEHICLE INFOR- any activity that the employee reasonably be-
MATION PROGRAM. date of conclusion of a hearing under para-
lieved to be in violation of any provision of
(a) DEFINITION.—Section 32301 of title 49, graph (2), the Secretary shall issue a final order
chapter 301 of this title, or any order, rule, regu-
United States Code, is amended— providing the relief prescribed by this paragraph
lation, standard, or ban under such provision.
(1) by redesignating paragraphs (1) and (2) as or denying the complaint. At any time before
‘‘(b) COMPLAINT PROCEDURE.—
paragraphs (2) and (3), respectively; issuance of a final order, a proceeding under
‘‘(1) FILING AND NOTIFICATION.—A person who
(2) by inserting before paragraph (2), as redes- this subsection may be terminated on the basis
believes that he or she has been discharged or
ignated, the following: of a settlement agreement entered into by the
otherwise discriminated against by any person
‘‘(1) ‘crash avoidance’ means preventing or Secretary, the complainant, and the person al-
in violation of subsection (a) may file (or have
mitigating a crash;’’; and leged to have committed the violation.
any person file on his or her behalf), not later ‘‘(B) REMEDY.—If, in response to a complaint
(3) in paragraph (2), as redesignated, by strik- than 180 days after the date on which such vio- filed under paragraph (1), the Secretary deter-
ing the period at the end and inserting ‘‘; and’’. lation occurs, a complaint with the Secretary of mines that a violation of subsection (a) has oc-
(b) INFORMATION INCLUDED.—Section 32302(a) Labor (hereinafter in this section referred to as curred, the Secretary shall order the person who
of title 49, United States Code, is amended— the ‘Secretary’) alleging such discharge or dis- committed such violation—
(1) in paragraph (2), by inserting ‘‘, crash crimination. Upon receipt of such a complaint, ‘‘(i) to take affirmative action to abate the
avoidance, and any other areas the Secretary the Secretary shall notify, in writing, the person violation;
determines will improve the safety of passenger named in the complaint of the filing of the com- ‘‘(ii) to reinstate the complainant to his or her
motor vehicles’’ after ‘‘crashworthiness’’; and plaint, of the allegations contained in the com- former position together with the compensation
(2) by striking paragraph (4). plaint, of the substance of evidence supporting (including back pay) and restore the terms, con-
SEC. 31306. PROMOTION OF VEHICLE DEFECT RE- the complaint, and of the opportunities that will ditions, and privileges associated with his or her
PORTING. be afforded to such person under paragraph (2). employment; and
Section 32302 of title 49, United States Code, is ‘‘(2) INVESTIGATION; PRELIMINARY ORDER.— ‘‘(iii) to provide compensatory damages to the
amended by adding at the end the following: ‘‘(A) IN GENERAL.—Not later than 60 days complainant.
‘‘(d) MOTOR VEHICLE DEFECT REPORTING IN- after the date of receipt of a complaint filed ‘‘(C) ATTORNEYS’ FEES.—If such an order is
FORMATION.— under paragraph (1) and after affording the issued under this paragraph, the Secretary, at
the request of the complainant, shall assess (b) GOVERNMENT ACCOUNTABILITY OFFICE RE- (b) REVIEW.—The Administrator of the Na-
against the person against whom the order is PORT.—Not later than 2 years after the date of tional Highway Traffic Safety Administration
issued a sum equal to the aggregate amount of enactment of this Act, the Comptroller General (referred to in this section as the ‘‘Administra-
all costs and expenses (including attorneys’ and of the United States shall— tion’’) shall conduct a comprehensive review of
expert witness fees) reasonably incurred, as de- (1) conduct a study of the whistleblower pro- the data elements collected from each crash to
termined by the Secretary, by the complainant tections established by law with respect to this determine if additional data should be collected.
for, or in connection with, bringing the com- program, and update its study of other such The review under this subsection shall include
plaint upon which the order was issued. programs administered by the Secretary of input from interested parties, including sup-
‘‘(D) FRIVOLOUS COMPLAINTS.—If the Sec- Transportation; and pliers, automakers, safety advocates, the med-
retary determines that a complaint under para- (2) submit to Congress a report of the results ical community, and research organizations.
graph (1) is frivolous or has been brought in bad of the study under paragraph (1), including— (c) CONTENTS.—The report issued under this
faith, the Secretary may award to the prevailing (A) an identification of the differences be- section shall include—
employer a reasonable attorney’s fee not exceed- tween the provisions applicable to different pro- (1) the analysis and conclusions the Adminis-
ing $1,000. grams, the number of claims brought pursuant tration can reach from the amount of motor ve-
‘‘(E) DE NOVO REVIEW.—With respect to a to each provision, and the outcome of each hicle crash data collected in a given year;
complaint under paragraph (1), if the Secretary claim; and (2) the additional analysis and conclusions
has not issued a final decision within 210 days (B) any recommendations for program the Administration could reach if more crash in-
after the filing of the complaint and if the delay changes that the Comptroller General considers vestigations were conducted each year;
is not due to the bad faith of the employee, the appropriate based on the study under para- (3) the number of investigations per year that
employee may bring an original action at law or graph (1). would allow for optimal data analysis and crash
equity for de novo review in the appropriate dis- (c) CONFORMING AMENDMENT.—The table of information;
trict court of the United States, which shall sections for chapter 301 of title 49, United States (4) the results of the comprehensive review
have jurisdiction over such an action without Code, is amended by inserting after the item re- conducted pursuant to subsection (b);
regard to the amount in controversy, and which lating to section 30170 the following: (5) the incremental costs of collecting and
action shall, at the request of either party to the analyzing additional data, as well as data from
‘‘30171. Protection of employees providing motor
action, be tried by the court with a jury. The ac- additional crashes;
tion shall be governed by the same legal burdens vehicle safety information.’’.
(6) the potential for obtaining private funding
of proof specified in paragraph (2)(B) for review SEC. 31308. ANTI-REVOLVING DOOR.
for all or a portion of the costs under paragraph
by the Secretary. (a) STUDY OF DEPARTMENT OF TRANSPOR- (5);
‘‘(4) REVIEW.— TATION POLICIES ON OFFICIAL COMMUNICATION (7) the potential for recovering any additional
‘‘(A) APPEAL TO COURT OF APPEALS.—Any per- WITH FORMER MOTOR VEHICLE SAFETY ISSUE costs from high volume users of the data, while
son adversely affected or aggrieved by an order EMPLOYEES.—Not later than 1 year after the continuing to make the data available to the
issued under paragraph (3) may obtain review date of enactment of this Act, the Inspector general public free of charge;
of the order in the United States Court of Ap- General of the Department of Transportation (8) the advantages or disadvantages of ex-
peals for the circuit in which the violation, with shall— panding collection of non-crash data instead of
respect to which the order was issued, allegedly (1) review the Department of Transportation’s crash data;
occurred or the circuit in which the complainant policies and procedures applicable to official (9) recommendations for improvements to the
resided on the date of such violation. The peti- communication with former employees con- Administration’s data collection program; and
tion for review shall be filed not later than 60 cerning motor vehicle safety compliance matters (10) the resources needed by the Administra-
days after the date of the issuance of the final for which they had responsibility during the tion to implement such recommendations.
order of the Secretary. Review shall conform to last 12 months of their tenure at the Depart- SEC. 31310. UPDATE MEANS OF PROVIDING NOTI-
chapter 7 of title 5. The commencement of pro- ment, including any limitations on the ability of FICATION; IMPROVING EFFICACY OF
ceedings under this subparagraph shall not, un- such employees to submit comments, or other- RECALLS.
less ordered by the court, operate as a stay of wise communicate directly with the Department, (a) UPDATE OF MEANS OF PROVIDING NOTIFI-
the order. on motor vehicle safety issues; and CATION.—Section 30119(d) of title 49, United
‘‘(B) LIMITATION ON COLLATERAL ATTACK.— (2) submit a report to the Committee on Com- States Code, is amended—
An order of the Secretary with respect to which merce, Science, and Transportation of the Sen- (1) in paragraph (1), by striking ‘‘by first class
review could have been obtained under subpara- ate and the Committee on Energy and Commerce mail’’ and inserting ‘‘in the manner prescribed
graph (A) shall not be subject to judicial review of the House of Representatives that contains by the Secretary, by regulation’’;
in any criminal or other civil proceeding. the Inspector General’s findings, conclusions, (2) in paragraph (2)—
‘‘(5) ENFORCEMENT OF ORDER BY SECRETARY.— and recommendations for strengthening those (A) by striking ‘‘(except a tire) shall be sent by
Whenever any person fails to comply with an policies and procedures to minimize the risk of first class mail’’ and inserting ‘‘shall be sent in
order issued under paragraph (3), the Secretary undue influence without compromising the abil- the manner prescribed by the Secretary, by reg-
may file a civil action in the United States dis- ity of the Department to employ and retain ulation,’’; and
trict court for the district in which the violation highly qualified individuals for such respon- (B) by striking the second sentence;
was found to occur to enforce such order. In ac- (3) in paragraph (3)—
sibilities.
tions brought under this paragraph, the district (b) POST-EMPLOYMENT POLICY STUDY.— (A) by striking the first sentence;
courts shall have jurisdiction to grant all appro- (1) IN GENERAL.—The Inspector General of the (B) by inserting ‘‘to the notification required
priate relief, including injunctive relief and Department of Transportation shall conduct a under paragraphs (1) and (2)’’ after ‘‘addition’’;
compensatory damages. study of the Department’s policies relating to and
‘‘(6) ENFORCEMENT OF ORDER BY PARTIES.— (C) by inserting ‘‘by the manufacturer’’ after
‘‘(A) COMMENCEMENT OF ACTION.—A person post-employment restrictions on employees who
‘‘given’’; and
on whose behalf an order was issued under perform functions related to transportation safe-
(4) in paragraph (4), by striking ‘‘by certified
paragraph (3) may commence a civil action ty.
mail or quicker means if available’’ and insert-
against the person to whom such order was (2) REPORT.—Not later than 1 year after the
ing ‘‘in the manner prescribed by the Secretary,
issued to require compliance with such order. date of enactment of this Act, the Inspector
by regulation’’.
The appropriate United States district court General shall submit a report containing the re-
(b) IMPROVING EFFICACY OF RECALLS.—Sec-
shall have jurisdiction, without regard to the sults of the study conducted under paragraph
tion 30119(e) of title 49, United States Code, is
amount in controversy or the citizenship of the (1) to—
amended—
parties, to enforce such order. (A) the Committee on Commerce, Science, and (1) in the subsection heading, by striking
‘‘(B) ATTORNEY FEES.—The court, in issuing Transportation of the Senate; ‘‘SECOND’’ and inserting ‘‘ADDITIONAL’’;
any final order under this paragraph, may (B) the Committee on Energy and Commerce (2) by striking ‘‘If the Secretary’’ and insert-
award costs of litigation (including reasonable of the House of Representatives; and ing the following:
attorney and expert witness fees) to any party (C) the Secretary of Transportation. ‘‘(1) SECOND NOTIFICATION.—If the Secretary’’;
whenever the court determines such award is (3) USE OF RESULTS.—The Secretary of Trans- and
appropriate. portation shall review the results of the study (3) by adding at the end the following:
‘‘(c) MANDAMUS.—Any nondiscretionary duty conducted under paragraph (1) and take what- ‘‘(2) ADDITIONAL NOTIFICATIONS.—If the Sec-
imposed under this section shall be enforceable ever action the Secretary determines to be ap- retary determines, after taking into account the
in a mandamus proceeding brought under sec- propriate. severity of the defect or noncompliance, that the
tion 1361 of title 28. SEC. 31309. STUDY OF CRASH DATA COLLECTION. second notification by a manufacturer does not
‘‘(d) NONAPPLICABILITY TO DELIBERATE VIO- (a) IN GENERAL.—Not later than 1 year after result in an adequate number of motor vehicles
LATIONS.—Subsection (a) shall not apply with the date of enactment of this Act, the Secretary or items of replacement equipment being re-
respect to an employee of a motor vehicle manu- shall submit a report to the Committee on Com- turned for remedy, the Secretary may order the
facturer, part supplier, or dealership who, act- merce, Science, and Transportation of the Sen- manufacturer—
ing without direction from such motor vehicle ate and the Committee on Energy and Commerce ‘‘(A)(i) to send additional notifications in the
manufacturer, part supplier, or dealership (or of the House of Representatives regarding the manner prescribed by the Secretary, by regula-
such person’s agent), deliberately causes a vio- quality of data collected through the National tion; or
lation of any requirement relating to motor vehi- Automotive Sampling System, including the Spe- ‘‘(ii) to take additional steps to locate and no-
cle safety under this chapter.’’. cial Crash Investigations Program. tify each person registered under State law as
the owner or lessee or the most recent purchaser in motor vehicles to increase fuel efficiency, (1) IN GENERAL.—Except as provided under
or lessee, as appropriate; and lower emissions, meet fuel economy standards, paragraph (2) and section 31505, the Secretary
‘‘(B) to emphasize the magnitude of the safety and enhance passenger motor vehicle safety shall issue a final rule under subsection (a) not
risk caused by the defect or noncompliance in through continued utilization of the Adminis- later than 3 years after the date of enactment of
such notification.’’. tration’s Plastic and Composite Intensive Vehi- this Act.
SEC. 31311. EXPANDING CHOICES OF REMEDY cle Safety Roadmap (Report No. DOT HS 810 (2) REPORT.—If the Secretary determines that
AVAILABLE TO MANUFACTURERS OF 863). an amendment to the standard referred to in
REPLACEMENT EQUIPMENT. (3) INTRA-AGENCY COORDINATION.—The Coun- subsection (a) does not meet the requirements
Section 30120 of title 49, United States Code, is cil shall coordinate with all components of the and considerations set forth in subsections (a)
amended— Administration responsible for vehicle safety, in- and (b) of section 30111 of title 49, United States
(1) in subsection (a)(1), by amending subpara- cluding research and development, rulemaking, Code, the Secretary shall submit a report de-
graph (B) to read as follows: and defects investigation. scribing the reasons for not prescribing such a
‘‘(B) if replacement equipment, by repairing (b) HONORS RECRUITMENT PROGRAM.— standard to—
the equipment, replacing the equipment with (1) ESTABLISHMENT.—The Secretary shall es- (A) the Committee on Commerce, Science, and
identical or reasonably equivalent equipment, or tablish, within the National Highway Traffic Transportation of the Senate; and
by refunding the purchase price.’’; Safety Administration, an honors program for (B) the Committee on Energy and Commerce
(2) in the heading of subsection (i), by adding engineering students, computer science students, of the House of Representatives.
‘‘OF NEW VEHICLES OR EQUIPMENT’’ at the end; and other students interested in vehicle safety SEC. 31503. REAR SEAT BELT REMINDERS.
and that will enable such students to train with en- (a) INITIATION OF RULEMAKING PROCEEDING.—
(3) in the heading of subsection (j), by striking gineers and other safety officials for careers in Not later than 2 years after the date of enact-
‘‘REPLACED’’ and inserting ‘‘REPLACEMENT’’. vehicle safety. ment of this Act, the Secretary shall initiate a
SEC. 31312. RECALL OBLIGATIONS AND BANK- (2) STIPEND.—The Secretary is authorized to rulemaking proceeding to amend Federal Motor
RUPTCY OF MANUFACTURER. provide a stipend to any student during the stu- Vehicle Safety Standard Number 208 (relating to
(a) IN GENERAL.—Chapter 301 of title 49, dent’s participation in the program established occupant crash protection) to provide a safety
United States Code, is amended by inserting the under paragraph (1). belt use warning system for designated seating
following after section 30120: (c) ASSESSMENT.—The Council, in consulta- positions in the rear seat.
tion with affected stakeholders, shall periodi- (b) FINAL RULE.—
‘‘§ 30120A. Recall obligations and bankruptcy cally assess the implications of emerging safety (1) IN GENERAL.—Except as provided under
of a manufacturer technologies in passenger motor vehicles, includ- paragraph (2) and section 31505, the Secretary
‘‘A manufacturer’s filing of a petition in ing the effect of such technologies on con- shall issue a final rule under subsection (a) not
bankruptcy under chapter 11 of title 11, does not sumers, product availability, and cost. later than 3 years after the date of enactment of
negate the manufacturer’s duty to comply with SEC. 31402. ELECTRONIC SYSTEMS PERFORM- this Act.
section 30112 or sections 30115 through 30120 of ANCE. (2) REPORT.—If the Secretary determines that
this title. In any bankruptcy proceeding, the (a) IN GENERAL.—Not later than 2 years after an amendment to the standard referred to in
manufacturer’s obligations under such sections the date of enactment of this Act, the Secretary subsection (a) does not meet the requirements
shall be treated as a claim of the United States shall complete an examination of the need for and considerations set forth in subsections (a)
Government against such manufacturer, subject safety standards with regard to electronic sys- and (b) of section 30111 of title 49, United States
to subchapter II of chapter 37 of title 31, United tems in passenger motor vehicles. In conducting Code, the Secretary shall submit a report de-
States Code, and given priority pursuant to sec- this examination, the Secretary shall— scribing the reasons for not prescribing such a
tion 3713(a)(1)(A) of such chapter, notwith- (1) consider the electronic components, the standard to—
standing section 3713(a)(2), to ensure that con- interaction of electronic components, the secu- (A) the Committee on Commerce, Science, and
sumers are adequately protected from any safety rity needs for those electronic systems to prevent Transportation of the Senate; and
defect or noncompliance determined to exist in unauthorized access, and the effect of sur- (B) the Committee on Energy and Commerce
the manufacturer’s products. This section shall rounding environments on the electronic sys- of the House of Representatives.
apply equally to actions of a manufacturer tems; and SEC. 31504. UNATTENDED PASSENGER REMIND-
taken before or after the filing of a petition in (2) allow for public comment. ERS.
bankruptcy.’’. (b) REPORT.—Upon completion of the exam- (a) SAFETY RESEARCH INITIATIVE.—The Sec-
(b) CONFORMING AMENDMENT.—The chapter ination under subsection (a), the Secretary shall retary may initiate research into effective ways
analysis of chapter 301 of title 49, United States submit a report on the highest priority areas for to minimize the risk of hyperthermia or hypo-
Code, is amended by inserting after the item re- safety with regard to the electronic systems to thermia to children or other unattended pas-
lating to section 30120 the following: the Committee on Commerce, Science, and sengers in rear seating positions.
Transportation of the Senate and the Committee (b) RESEARCH AREAS.—In carrying out sub-
‘‘30120A. Recall obligations and bankruptcy of a
on Energy and Commerce of the House of Rep- section (a), the Secretary may conduct research
manufacturer.’’.
resentatives. into the potential viability of—
SEC. 31313. REPEAL OF INSURANCE REPORTS (1) vehicle technology to provide an alert that
AND INFORMATION PROVISION. Subtitle E—Child Safety Standards a child or unattended passenger remains in a
Chapter 331 of title 49, United States Code, is SEC. 31501. CHILD SAFETY SEATS. rear seating position after the vehicle motor is
amended— (a) SIDE IMPACT CRASHES.—Not later than 2 disengaged; or
(1) in the chapter analysis, by striking the years after the date of enactment of this Act, (2) public awareness campaigns to educate
item relating to section 33112; and the Secretary shall issue a final rule amending drivers on the risks of leaving a child or unat-
(2) by striking section 33112. Federal Motor Vehicle Safety Standard Number tended passenger in a vehicle after the vehicle
SEC. 31314. MONRONEY STICKER TO PERMIT AD- 213 to improve the protection of children seated motor is disengaged; or
DITIONAL SAFETY RATING CAT- in child restraint systems during side impact (3) other ways to mitigate risk.
EGORIES. (c) COORDINATION WITH OTHER AGENCIES.—
crashes.
Section 3(g)(2) of the Automobile Information (b) FRONTAL IMPACT TEST PARAMETERS.— The Secretary may collaborate with other Fed-
Disclosure Act (15 U.S.C. 1232(g)(2)), is amended (1) COMMENCEMENT.—Not later than 2 years eral agencies in conducting the research under
by inserting ‘‘safety rating categories that may after the date of enactment of this Act, the Sec- this section.
include’’ after ‘‘refers to’’. retary shall commence a rulemaking proceeding SEC. 31505. NEW DEADLINE.
Subtitle D—Vehicle Electronics and Safety to amend the standard seat assembly specifica- If the Secretary determines that any deadline
Standards tions under Federal Motor Vehicle Safety for issuing a final rule under this Act cannot be
SEC. 31401. NATIONAL HIGHWAY TRAFFIC SAFETY Standard Number 213 to better simulate a single met, the Secretary shall—
ADMINISTRATION ELECTRONICS, representative motor vehicle rear seat. (1) provide the Committee on Commerce,
SOFTWARE, AND ENGINEERING EX- (2) FINAL RULE.—Not later than 4 years after Science, and Transportation of the Senate and
PERTISE. the date of enactment of this Act, the Secretary the Committee on Energy and Commerce of the
(a) COUNCIL FOR VEHICLE ELECTRONICS, VEHI- shall issue a final rule pursuant to paragraph House of Representatives with an explanation
CLE SOFTWARE, AND EMERGING TECHNOLOGIES.— (1). for why such deadline cannot be met; and
(1) IN GENERAL.—The Secretary shall estab- SEC. 31502. CHILD RESTRAINT ANCHORAGE SYS- (2) establish a new deadline for that rule.
lish, within the National Highway Traffic Safe- TEMS. Subtitle F—Improved Daytime and Nighttime
ty Administration, a Council for Vehicle Elec- (a) INITIATION OF RULEMAKING PROCEEDING.— Visibility of Agricultural Equipment
tronics, Vehicle Software, and Emerging Tech- Not later than 1 year after the date of enact- SEC. 31601. RULEMAKING ON VISIBILITY OF AGRI-
nologies (referred to in this section as the ment of this Act, the Secretary shall initiate a CULTURAL EQUIPMENT.
‘‘Council’’) to build, integrate, and aggregate rulemaking proceeding to amend Federal Motor (a) DEFINITIONS.—In this section:
the Administration’s expertise in passenger Vehicle Safety Standard Number 225 (relating to (1) AGRICULTURAL EQUIPMENT.—The term ‘‘ag-
motor vehicle electronics and other new and child restraint anchorage systems) to improve ricultural equipment’’ has the meaning given
emerging technologies. the ease of use for lower anchorages and tethers the term ‘‘agricultural field equipment’’ in
(2) IMPLEMENTATION OF ROADMAP.—The in all rear seat seating positions if such anchor- ASABE Standard 390.4, entitled ‘‘Definitions
Council shall research the inclusion of emerging ages and tethers are feasible. and Classifications of Agricultural Field Equip-
lightweight plastic and composite technologies (b) FINAL RULE.— ment’’, which was published in January 2005 by
the American Society of Agriculture and Bio- ‘‘(A) is willing and able to comply with— by regulation, each owner and each operator
logical Engineers, or any successor standard. ‘‘(i) this part and the applicable regulations of granted new registration under section 13902 or
(2) PUBLIC ROAD.—The term ‘‘public road’’ the Secretary and the Board; 31134 to undergo a safety review not later than
has the meaning given the term in section ‘‘(ii) any safety regulations imposed by the 12 months after the owner or operator, as the
101(a)(27) of title 23, United States Code. Secretary; case may be, begins operations under such reg-
(b) RULEMAKING.— ‘‘(iii) the duties of employers and employees istration.
(1) IN GENERAL.—Not later than 2 years after established by the Secretary under section 31135; ‘‘(B) PROVIDERS OF MOTORCOACH SERVICES.—
the date of enactment of this Act, the Secretary ‘‘(iv) the safety fitness requirements estab- The Secretary shall require, by regulation, each
of Transportation, after consultation with rep- lished by the Secretary under section 31144; owner and each operator granted new registra-
resentatives of the American Society of Agricul- ‘‘(v) the accessibility requirements established tion to transport passengers under section 13902
tural and Biological Engineers and appropriate by the Secretary under subpart H of part 37 of or 31134 to undergo a safety review not later
Federal agencies, and with other appropriate title 49, Code of Federal Regulations (or suc- than 120 days after the owner or operator, as
persons, shall promulgate a rule to improve the cessor regulations), for transportation provided the case may be, begins operations under such
daytime and nighttime visibility of agricultural by an over-the-road bus; and registration.’’.
equipment that may be operated on a public ‘‘(vi) the minimum financial responsibility re- (b) EFFECTIVE DATE.—The amendments made
road. quirements established by the Secretary under by subsection (a) shall take effect 1 year after
(2) MINIMUM STANDARDS.—The rule promul- sections 13906, 31138, and 31139; the date of enactment of this Act.
gated pursuant to this subsection shall— ‘‘(B) has been issued a USDOT number under SEC. 32103. REINCARNATED CARRIERS.
(A) establish minimum lighting and marking section 31134; (a) EFFECTIVE PERIODS OF REGISTRATION.—
standards for applicable agricultural equipment ‘‘(C) has disclosed any relationship involving (1) SUSPENSIONS, AMENDMENTS, AND REVOCA-
manufactured at least 1 year after the date on common ownership, common management, com- TIONS.—Section 13905(d) is amended—
which such rule is promulgated; and mon control, or common familial relationship be- (A) by redesignating paragraph (2) as para-
(B) provide for the methods, materials, speci- tween that person and any other motor carrier, graph (4);
fications, and equipment to be employed to com- freight forwarder, or broker, or any other appli- (B) by striking paragraph (1) and inserting
ply with such standards, which shall be equiva- cant for motor carrier, freight forwarder, or the following:
lent to ASABE Standard 279.14, entitled ‘‘Light- broker registration, if the relationship occurred ‘‘(1) APPLICATIONS.—On application of the
ing and Marking of Agricultural Equipment on in the 3-year period preceding the date of the registrant, the Secretary may amend or revoke a
Highways’’, which was published in July 2008 filing of the application for registration; and registration.
by the American Society of Agricultural and Bi- ‘‘(D) after the Secretary establishes a written ‘‘(2) COMPLAINTS AND ACTIONS ON SECRETARY’S
ological Engineers, or any successor standard. proficiency examination pursuant to section OWN INITIATIVE.—On complaint or on the Sec-
(c) REVIEW.—Not less frequently than once 32101(b) of the Commercial Motor Vehicle Safety retary’s own initiative and after notice and an
every 5 years, the Secretary of Transportation Enhancement Act of 2012, has passed the writ- opportunity for a proceeding, the Secretary
shall— ten proficiency examination.’’. may—
(1) review the standards established pursuant (b) WRITTEN PROFICIENCY EXAMINATION.— ‘‘(A) suspend, amend, or revoke any part of
Not later than 18 months after the date of en- the registration of a motor carrier, broker, or
to subsection (b); and
actment of this Act, the Secretary shall establish freight forwarder for willful failure to comply
(2) revise such standards to reflect the revision
through a rulemaking a written proficiency ex- with—
of ASABE Standard 279 that is in effect at the
amination for applicant motor carriers pursuant ‘‘(i) this part;
time of such review.
(d) LIMITATIONS.— to section 13902(a)(1)(D) of title 49, United ‘‘(ii) an applicable regulation or order of the
(1) COMPLIANCE WITH SUCCESSOR STAND- States Code. The written proficiency examina- Secretary or the Board, including the accessi-
ARDS.—Any rule promulgated pursuant to this
tion shall test a person’s knowledge of applicability requirements established by the Secretary
section may not prohibit the operation on public ble safety regulations, standards, and orders of under subpart H of part 37 of title 49, Code of
roads of agricultural equipment that is equipped the Federal government. Federal Regulations (or successor regulations),
(c) CONFORMING AMENDMENT.—Section 210(b) for transportation provided by an over-the-road
in accordance with any adopted revision of
of the Motor Carrier Safety Improvement Act of bus; or
ASABE Standard 279 that is later than the revi-
1999 (49 U.S.C. 31144 note) is amended— ‘‘(iii) a condition of its registration;
sion of such standard that was referenced dur-
(1) by inserting ‘‘, commercial regulations, ‘‘(B) withhold, suspend, amend, or revoke any
ing the promulgation of the rule.
and provisions of subpart H of part 37 of title 49, part of the registration of a motor carrier,
(2) NO RETROFITTING REQUIRED.—Any rule
Code of Federal Regulations, or successor regu- broker, or freight forwarder for failure—
promulgated pursuant to this section may not
lations’’ after ‘‘applicable safety regulations’’; ‘‘(i) to pay a civil penalty imposed under
require the retrofitting of agricultural equip-
and chapter 5, 51, 149, or 311;
ment that was manufactured before the date on
(2) by striking ‘‘consider the establishment of’’ ‘‘(ii) to arrange and abide by an acceptable
which the lighting and marking standards are
and inserting ‘‘establish’’. payment plan for such civil penalty, not later
enforceable under subsection (b)(2)(A). (d) TRANSPORTATION OF AGRICULTURAL COM-
(3) NO EFFECT ON ADDITIONAL MATERIALS AND than 90 days after the date specified by order of
MODITIES AND FARM SUPPLIES.—Section the Secretary for the payment of such penalty;
EQUIPMENT.—Any rule promulgated pursuant to
229(a)(1) of the Motor Carrier Safety Improve- or
this section may not prohibit the operation on ment Act of 1999 (49 U.S.C. 31136 note) is amend-
public roads of agricultural equipment that is ‘‘(iii) for failure to obey a subpoena issued by
ed to read as follows: the Secretary;
equipped with materials or equipment that are ‘‘(1) TRANSPORTATION OF AGRICULTURAL COM-
in addition to the minimum materials and equip- ‘‘(C) withhold, suspend, amend, or revoke any
MODITIES AND FARM SUPPLIES.—Regulations pre- part of a registration of a motor carrier, broker,
ment specified in the standard upon which such scribed by the Secretary under sections 31136
rule is based. or freight forwarder following a determination
and 31502 regarding maximum driving and on- by the Secretary that the motor carrier, broker,
TITLE II—COMMERCIAL MOTOR VEHICLE duty time for drivers used by motor carriers or freight forwarder failed to disclose, in its ap-
SAFETY ENHANCEMENT ACT OF 2012 shall not apply during planting and harvest pe- plication for registration, a material fact rel-
SEC. 32001. SHORT TITLE. riods, as determined by each State, to— evant to its willingness and ability to comply
This title may be cited as the ‘‘Commercial ‘‘(A) drivers transporting agricultural com- with—
Motor Vehicle Safety Enhancement Act of modities from the source of the agricultural com- ‘‘(i) this part;
2012’’. modities to a location within a 150 air-mile ra- ‘‘(ii) an applicable regulation or order of the
SEC. 32002. REFERENCES TO TITLE 49, UNITED
dius from the source; Secretary or the Board; or
STATES CODE. ‘‘(B) drivers transporting farm supplies for ag- ‘‘(iii) a condition of its registration; or
Except as otherwise expressly provided, when- ricultural purposes from a wholesale or retail ‘‘(D) withhold, suspend, amend, or revoke any
ever in this title an amendment or repeal is ex- distribution point of the farm supplies to a farm part of a registration of a motor carrier, broker,
pressed in terms of an amendment to, or a repeal or other location where the farm supplies are in- or freight forwarder if the Secretary finds that—
of, a section or other provision, the reference tended to be used within a 150 air-mile radius ‘‘(i) the motor carrier, broker, or freight for-
shall be considered to be made to a section or from the distribution point; or warder does not disclose any relationship
‘‘(C) drivers transporting farm supplies for ag- through common ownership, common manage-
other provision of title 49, United States Code.
ricultural purposes from a wholesale distribu- ment, common control, or common familial rela-
Subtitle A—Commercial Motor Vehicle
tion point of the farm supplies to a retail dis- tionship to any other motor carrier, broker, or
Registration tribution point of the farm supplies within a 150 freight forwarder, or any other applicant for
SEC. 32101. REGISTRATION OF MOTOR CARRIERS. air-mile radius from the wholesale distribution motor carrier, broker, or freight forwarder reg-
(a) REGISTRATION REQUIREMENTS.—Section point.’’. istration that the Secretary determines is or was
13902(a)(1) is amended to read as follows: SEC. 32102. SAFETY FITNESS OF NEW OPERATORS. unwilling or unable to comply with the relevant
‘‘(1) IN GENERAL.—Except as otherwise pro- (a) SAFETY REVIEWS OF NEW OPERATORS.— requirements listed in section 13902, 13903, or
vided in this section, the Secretary of Transpor- Section 31144(g)(1) is amended to read as fol- 13904
tation shall register a person to provide trans- lows: ‘‘(3) LIMITATION.—Paragraph (2)(B) shall not
portation subject to jurisdiction under sub- ‘‘(1) SAFETY REVIEW.— apply to a person who is unable to pay a civil
chapter I of chapter 135 as a motor carrier only ‘‘(A) IN GENERAL.—Except as provided under penalty because the person is a debtor in a case
if the Secretary determines that the person— subparagraph (B), the Secretary shall require, under chapter 11 of title 11.’’; and
(C) in paragraph (4), as redesignated by section of an employer or person issued under sub- (3) by striking ‘‘with respect to providing
tion 32103(a)(1)(A) of this Act, by striking section (a) after notice and an opportunity for transportation of passengers,’’ and inserting ‘‘or
‘‘paragraph (1)(B)’’ and inserting ‘‘paragraph a proceeding, or suspend the registration after section 13902(c) of this title,’’; and
(2)(B)’’. giving notice of the suspension to the employer (4) by striking ‘‘$2,000 for each violation and
(2) PROCEDURE.—Section 13905(e) is amended or person, if the Secretary determines that— each additional day the violation continues’’
by inserting ‘‘or if the Secretary determines that ‘‘(1) the employer’s or person’s authority to and inserting ‘‘$10,000 for each violation, or
the registrant failed to disclose a material fact operate pursuant to chapter 139 of this title is $25,000 for each violation relating to providing
in an application for registration in accordance subject to revocation or suspension under sec- transportation of passengers’’.
with subsection (d)(2)(C),’’ after ‘‘registrant,’’. tions 13905(d)(1) or 13905(f) of this title; (b) TRANSPORTATION OF HAZARDOUS
(b) INFORMATION SYSTEMS.—Section ‘‘(2) the employer or person has knowingly WASTES.—Section 14901(b) is amended by strik-
31106(a)(3) is amended— failed to comply with the requirements listed in ing ‘‘not to exceed $20,000’’ and inserting ‘‘not
(1) in subparagraph (F), by striking ‘‘and’’ at subsection (b)(1); less than $20,000, but not to exceed $40,000’’.
the end; ‘‘(3) the employer or person has not disclosed SEC. 32109. REVOCATION OF REGISTRATION FOR
(2) in subparagraph (G), by striking the period any relationship through common ownership, IMMINENT HAZARD.
at the end and inserting ‘‘; and’’; and common management, common control, or com- Section 13905(f)(2) is amended to read as fol-
(3) by adding at the end the following: mon familial relationship to any other person or lows:
‘‘(H) determine whether a person or employer applicant for registration subject to this sub- ‘‘(2) IMMINENT HAZARD TO PUBLIC HEALTH.—
is or was related, through common ownership, chapter that the Secretary determines is or was Notwithstanding subchapter II of chapter 5 of
common management, common control, or com- unfit, unwilling, or unable to comply with the title 5, the Secretary shall revoke the registra-
mon familial relationship, to any other person, requirements listed in subsection (b)(1); tion of a motor carrier if the Secretary finds
employer, or any other applicant for registration ‘‘(4) the employer or person refused to submit that the carrier is or was conducting unsafe op-
under section 13902 or 31134.’’. to the safety review required by section 31144(g) erations that are or were an imminent hazard to
SEC. 32104. FINANCIAL RESPONSIBILITY RE- of this title. public health or property.’’.
QUIREMENTS. ‘‘(d) PERIODIC REGISTRATION UPDATE.—The SEC. 32110. REVOCATION OF REGISTRATION AND
Not later than 6 months after the date of en- Secretary may require an employer to update a OTHER PENALTIES FOR FAILURE TO
actment of this Act, and every 4 years there- registration under this section not later than 30 RESPOND TO SUBPOENA.
after, the Secretary shall— days after a change in the employer’s address, Section 525 is amended—
(1) issue a report on the appropriateness of— other contact information, officers, process (1) by striking ‘‘subpenas’’ in the section
(A) the current minimum financial responsi- agent, or other essential information, as deter- heading and inserting ‘‘subpoenas’’;
bility requirements under sections 31138 and mined by the Secretary. (2) by striking ‘‘subpena’’ and inserting ‘‘sub-
31139 of title 49, United States Code; and ‘‘(e) STATE AUTHORITY.—Nothing in this sec- poena’’;
(B) the current bond and insurance require- tion shall be construed as affecting the author- (3) by striking ‘‘$100’’ and inserting ‘‘$1,000’’;
ments under sections 13904(f), 13903, and 13906 ity of a State to issue a Department of Trans- (4) by striking ‘‘$5,000’’ and inserting
of title 49, United States Code; and portation number under State law to a person ‘‘$10,000’’; and
(2) submit the report issued under paragraph operating in intrastate commerce.’’. (5) by adding at the end the following:
(1) to the Committee on Commerce, Science, and (b) CONFORMING AMENDMENT.—The analysis ‘‘The Secretary may withhold, suspend,
Transportation of the Senate and the Committee of chapter 311 is amended by inserting after the amend, or revoke any part of the registration of
on Transportation and Infrastructure of the item relating to section 31133 the following: a person required to register under chapter 139
House of Representatives. ‘‘31134. Requirement for registration and for failing to obey a subpoena or requirement of
SEC. 32105. USDOT NUMBER REGISTRATION RE- USDOT number.’’. the Secretary under this chapter to appear and
QUIREMENT. SEC. 32106. REGISTRATION FEE SYSTEM. testify or produce records.’’.
(a) IN GENERAL.—Chapter 311 is amended by Section 13908(d)(1) is amended by striking SEC. 32111. FLEETWIDE OUT OF SERVICE ORDER
inserting after section 31133 the following: ‘‘but shall not exceed $300’’. FOR OPERATING WITHOUT RE-
SEC. 32107. REGISTRATION UPDATE. QUIRED REGISTRATION.
‘‘§ 31134. Requirement for registration and Section 13902(e)(1) is amended—
USDOT number (a) MOTOR CARRIER UPDATE.—Section 13902 is
amended by adding at the end the following: (1) by striking ‘‘motor vehicle’’ and inserting
‘‘(a) IN GENERAL.—Upon application, and ‘‘(h) UPDATE OF REGISTRATION.— ‘‘motor carrier’’ after ‘‘the Secretary determines
subject to subsections (b) and (c), the Secretary ‘‘(1) IN GENERAL.—The Secretary shall require that a’’; and
shall register an employer or person subject to a registrant to update its registration under this (2) by striking ‘‘order the vehicle’’ and insert-
the safety jurisdiction of this subchapter. An section not later than 30 days after a change in ing ‘‘order the motor carrier operations’’ after
employer or person may operate a commercial the registrant’s address, other contact informa- ‘‘the Secretary may’’.
motor vehicle in interstate commerce only if the tion, officers, process agent, or other essential SEC. 32112. MOTOR CARRIER AND OFFICER PAT-
employer or person is registered by the Secretary information, as determined by the Secretary. TERNS OF SAFETY VIOLATIONS.
under this section and receives a USDOT num- ‘‘(2) MOTOR CARRIERS OF PASSENGERS.—In ad- Section 31135 is amended—
ber. Nothing in this section shall preclude reg- dition to the requirements of paragraph (1), the (1) by striking subsection (b) and inserting the
istration by the Secretary of an employer or per- Secretary shall require a motor carrier of pas- following:
son not engaged in interstate commerce. An em- sengers to update its registration information, ‘‘(b) NONCOMPLIANCE.—
ployer or person subject to jurisdiction under including numbers of vehicles, annual mileage, ‘‘(1) MOTOR CARRIERS.—Two or more motor
subchapter I of chapter 135 of this title shall and individuals responsible for compliance with carriers, employers, or persons shall not use
apply for commercial registration under section Federal safety regulations quarterly for the first common ownership, common management, com-
13902 of this title. 2 years after being issued a registration under mon control, or common familial relationship to
‘‘(b) WITHHOLDING REGISTRATION.—The Sec- this section.’’. enable any or all such motor carriers, employers,
retary shall register an employer or person (b) FREIGHT FORWARDER UPDATE.—Section or persons to avoid compliance, or mask or oth-
under subsection (a) only if the Secretary deter- 13903 is amended by adding at the end the fol- erwise conceal non-compliance, or a history of
mines that— lowing: non-compliance, with regulations prescribed
‘‘(1) the employer or person seeking registra- ‘‘(c) UPDATE OF REGISTRATION.—The Sec- under this subchapter or an order of the Sec-
tion is willing and able to comply with the re- retary shall require a freight forwarder to up- retary issued under this subchapter.
quirements of this subchapter and the regula- date its registration under this section not later ‘‘(2) PATTERN.—If the Secretary finds that a
tions prescribed thereunder and chapter 51 and than 30 days after a change in the freight for- motor carrier, employer, or person engaged in a
the regulations prescribed thereunder; warder’s address, other contact information, of- pattern or practice of avoiding compliance, or
‘‘(2)(A) during the 3-year period before the ficers, process agent, or other essential informa- masking or otherwise concealing noncompli-
date of the filing of the application, the em- tion, as determined by the Secretary.’’. ance, with regulations prescribed under this
ployer or person is not or was not related (c) BROKER UPDATE.—Section 13904 is amend- subchapter, the Secretary—
through common ownership, common manage- ed by adding at the end the following: ‘‘(A) may withhold, suspend, amend, or re-
ment, common control, or common familial rela- ‘‘(e) UPDATE OF REGISTRATION.—The Sec- voke any part of the motor carrier’s, employer’s,
tionship to any other person or applicant for retary shall require a broker to update its reg- or person’s registration in accordance with sec-
registration subject to this subchapter who, dur- istration under this section not later than 30 tion 13905 or 31134; and
ing such 3-year period, is or was unfit, unwill- days after a change in the broker’s address, ‘‘(B) shall take into account such non-compli-
ing, or unable to comply with the requirements other contact information, officers, process ance for purposes of determining civil penalty
listed in subsection (b)(1); or agent, or other essential information, as deter- amounts under section 521(b)(2)(D).
‘‘(B) the employer or person has disclosed to mined by the Secretary.’’. ‘‘(3) OFFICERS.—If the Secretary finds, after
the Secretary any relationship involving com- SEC. 32108. INCREASED PENALTIES FOR OPER- notice and an opportunity for proceeding, that
mon ownership, common management, common ATING WITHOUT REGISTRATION. an officer of a motor carrier, employer, or owner
control, or common familial relationship to any (a) PENALTIES.—Section 14901(a) is amended— or operator has engaged in a pattern or practice
other person or applicant for registration subject (1) by striking ‘‘$500’’ and inserting ‘‘$1,000’’; of, or assisted a motor carrier, employer, or
to this subchapter. (2) by striking ‘‘who is not registered under owner or operator in avoiding compliance, or
‘‘(c) REVOCATION OR SUSPENSION OF REGISTRA- this part to provide transportation of pas- masking or otherwise concealing noncompli-
TION.—The Secretary shall revoke the registra- sengers,’’; ance, while serving as an officer or such motor
carrier, employer, or owner or operator, the Sec- each conviction relating to the operation of a port of December 2010 titled ‘‘Investigation into
retary may suspend, amend, or revoke any part commercial motor vehicle.’’. Motor Carrier Practices to Achieve Optimal
of a registration granted to the officer individ- SEC. 32204. AUTHORITY TO DISQUALIFY FOREIGN Commercial Motor Vehicle Driver Performance:
ually under section 13902 or 31134.’’. COMMERCIAL DRIVERS. Phase I’’.
Subtitle B—Commercial Motor Vehicle Safety Section 31310 is amended by adding at the end (C) CRITERIA.—In conducting the field study,
SEC. 32201. CRASHWORTHINESS STANDARDS. the following: the Secretary shall ensure that—
‘‘(k) FOREIGN COMMERCIAL DRIVERS.—A for- (i) the methodology for the field study is con-
(a) IN GENERAL.—Not later than 18 months
eign commercial driver shall be subject to dis- sistent, to the maximum extent possible, with the
after the date of enactment of this Act, the Sec-
qualification under this section.’’. laboratory-based study methodology;
retary shall conduct a comprehensive analysis
SEC. 32205. REVOCATION OF FOREIGN MOTOR (ii) the data collected is representative of the
on the need for crashworthiness standards on
CARRIER OPERATING AUTHORITY drivers and motor carriers regulated by the
property-carrying commercial motor vehicles FOR FAILURE TO PAY CIVIL PEN- hours of service regulations, including those
with a gross vehicle weight rating or gross vehi- ALTIES. drivers and carriers affected by the maximum
cle weight of at least 26,001 pounds involved in Section 13905(d)(2), as amended by section driving time requirements;
interstate commerce, including an evaluation of 32103(a) of this Act, is amended by inserting (iii) the analysis is statistically valid; and
the need for roof strength, pillar strength, air ‘‘foreign motor carrier, foreign motor private (iv) the field study follows the plan for the
bags, and other occupant protections standards, carrier,’’ after ‘‘registration of a motor carrier,’’ ‘‘Scheduling and Fatigue Recovery Project’’ de-
and frontal and back wall standards. each place it appears. veloped by the Federal Motor Carrier Safety Ad-
(b) REPORT.—Not later than 90 days after
SEC. 32206. RENTAL TRUCK ACCIDENT STUDY. ministration.
completing the comprehensive analysis under
(a) DEFINITIONS.—In this section: (D) REPORT TO CONGRESS.—Not later than
subsection (a), the Secretary shall report the re-
(1) RENTAL TRUCK.—The term ‘‘rental truck’’ September 30, 2013, the Secretary shall submit to
sults of the analysis and any recommendations
means a motor vehicle with a gross vehicle the Committee on Transportation and Infra-
to the Committee on Commerce, Science, and
weight rating of between 10,000 and 26,000 structure of the House of Representatives and
Transportation of the Senate and the Committee
pounds that is made available for rental by a the Committee on Commerce, Science, and
on Transportation and Infrastructure of the
rental truck company. Transportation of the Senate a report detailing
House of Representatives.
(2) RENTAL TRUCK COMPANY.—The term ‘‘rent- the results of the field study.
SEC. 32202. CANADIAN SAFETY RATING RECI- (b) GENERAL AUTHORITY.—Section 31137 is
PROCITY.
al truck company’’ means a person or company
that is in the business of renting or leasing rent- amended—
Section 31144 is amended by adding at the end (1) by amending the section heading to read
al trucks to the public or for private use.
the following: as follows:
(b) STUDY.—
‘‘(h) RECOGNITION OF CANADIAN MOTOR CAR-
(1) IN GENERAL.—The Secretary shall conduct ‘‘§ 31137. Electronic logging devices and brake
RIER SAFETY FITNESS DETERMINATIONS.—
a study of the safety of rental trucks during the maintenance regulations’’;
‘‘(1) If an authorized agency of the Canadian
7-year period ending on December 31, 2011. (2) by redesignating subsection (b) as sub-
federal government or a Canadian Territorial or
(2) REQUIREMENTS.—The study conducted section (g); and
Provincial government determines, by applying
under paragraph (1) shall— (3) by amending (a) to read as follows:
the procedure and standards prescribed by the
(A) evaluate available data on the number of ‘‘(a) USE OF ELECTRONIC LOGGING DEVICES.—
Secretary under subsection (b) or pursuant to
crashes, fatalities, and injuries involving rental Not later than 1 year after the date of enact-
an agreement under paragraph (2), that a Ca-
trucks and the cause of such crashes, utilizing ment of the Commercial Motor Vehicle Safety
nadian employer is unfit and prohibits the em-
police accident reports and other sources; Enhancement Act of 2012, the Secretary of
ployer from operating a commercial motor vehi-
(B) estimate the property damage and costs re- Transportation shall prescribe regulations—
cle in Canada or any Canadian Province, the
sulting from a subset of crashes involving rental ‘‘(1) requiring a commercial motor vehicle in-
Secretary may prohibit the employer from oper-
truck operations, which the Secretary believes volved in interstate commerce and operated by a
ating such vehicle in interstate and foreign com-
adequately reflect all crashes involving rental driver subject to the hours of service and the
merce until the authorized Canadian agency de-
trucks; record of duty status requirements under part
termines that the employer is fit.
(C) analyze State and local laws regulating 395 of title 49, Code of Federal Regulations, be
‘‘(2) The Secretary may consult and partici-
rental truck companies, including safety and in- equipped with an electronic logging device to
pate in negotiations with authorized officials of
spection requirements; improve compliance by an operator of a vehicle
the Canadian federal government or a Canadian
(D) assess the rental truck maintenance pro-
Territorial or Provincial government, as nec- with hours of service regulations prescribed by
grams of a selection of small, medium, and large
essary, to provide reciprocal recognition of each the Secretary; and
rental truck companies, as selected by the Sec- ‘‘(2) ensuring that an electronic logging device
country’s motor carrier safety fitness determina-
retary, including the frequency of rental truck is not used to harass a vehicle operator.
tions. An agreement shall provide, to the max-
maintenance inspections, and compare such ‘‘(b) ELECTRONIC LOGGING DEVICE REQUIRE-
imum extent practicable, that each country will
programs with inspection requirements for pas- MENTS.—
follow the procedure and standards prescribed
senger vehicles and commercial motor vehicles; ‘‘(1) IN GENERAL.—The regulations prescribed
by the Secretary under subsection (b) in making
(E) include any other information available under subsection (a) shall—
motor carrier safety fitness determinations.’’.
regarding the safety of rental trucks; and ‘‘(A) require an electronic logging device—
SEC. 32203. STATE REPORTING OF FOREIGN COM- (F) review any other information that the Sec-
MERCIAL DRIVER CONVICTIONS. ‘‘(i) to accurately record commercial driver
retary determines to be appropriate. hours of service;
(a) DEFINITION OF FOREIGN COMMERCIAL (c) REPORT.—Not later than 1 year after the
DRIVER.—Section 31301 is amended— ‘‘(ii) to record the location of a commercial
date of enactment of this Act, the Secretary motor vehicle;
(1) by redesignating paragraphs (10) through shall submit a report to the Committee on Com-
(14) as paragraphs (11) through (15), respec- ‘‘(iii) to be tamper resistant; and
merce, Science, and Transportation of the Sen- ‘‘(iv) to be synchronized to the operation of
tively; and ate and the Committee on Transportation and
(2) by inserting after paragraph (9) the fol- the vehicle engine or be capable of recognizing
Infrastructure of the House of Representatives when the vehicle is being operated;
lowing: that contains—
‘‘(10) ‘foreign commercial driver’ means an in- ‘‘(B) allow law enforcement to access the data
(1) the findings of the study conducted pursu- contained in the device during a roadside in-
dividual licensed to operate a commercial motor
ant to subsection (b); and spection; and
vehicle by an authority outside the United (2) any recommendations for legislation that
States, or a citizen of a foreign country who op- ‘‘(C) apply to a commercial motor vehicle be-
the Secretary determines to be appropriate. ginning on the date that is 2 years after the
erates a commercial motor vehicle in the United
States.’’. Subtitle C—Driver Safety date that the regulations are published as a
(b) STATE REPORTING OF CONVICTIONS.—Sec- SEC. 32301. HOURS OF SERVICE STUDY AND ELEC- final rule.
tion 31311(a) is amended by adding after para- TRONIC LOGGING DEVICES. ‘‘(2) PERFORMANCE AND DESIGN STANDARDS.—
graph (21) the following: (a) HOURS OF SERVICE STUDY.— The regulations prescribed under subsection (a)
‘‘(22) The State shall report a conviction of a (1) FIELD STUDY.— shall establish performance standards—
foreign commercial driver by that State to the (A) IN GENERAL.—Not later than March 31, ‘‘(A) defining a standardized user interface to
Federal Convictions and Withdrawal Database, 2013, the Secretary shall complete a field study aid vehicle operator compliance and law en-
or another information system designated by the on the efficacy of the restart rule published on forcement review;
Secretary to record the convictions. A report December 27, 2011 (in this section referred to as ‘‘(B) establishing a secure process for stand-
shall include— the ‘‘2011 restart rule’’), applicable to operators ardized—
‘‘(A) for a driver holding a foreign commercial of commercial motor vehicles of property subject ‘‘(i) and unique vehicle operator identifica-
driver’s license— to maximum driving time requirements of the tion;
‘‘(i) each conviction relating to the operation Secretary. ‘‘(ii) data access;
of a commercial motor vehicle; and (B) REQUIREMENT.—The field study shall ex- ‘‘(iii) data transfer for vehicle operators be-
‘‘(ii) each conviction relating to the operation pand upon the results of the laboratory-based tween motor vehicles;
of a non-commercial motor vehicle; and study relating to commercial motor vehicle driv- ‘‘(iv) data storage for a motor carrier; and
‘‘(B) for an unlicensed driver or a driver holder fatigue sponsored by the Federal Motor Car- ‘‘(v) data transfer and transportability for
ing a foreign non-commercial driver’s license, rier Safety Administration presented in the re- law enforcement officials;
‘‘(C) establishing a standard security level for SEC. 32302. DRIVER MEDICAL QUALIFICATIONS. needed to carry out section 31311(a)(25) of title
an electronic logging device and related compo- (a) DEADLINE FOR ESTABLISHMENT OF NA- 49, United States Code.
nents to be tamper resistant by using a method- TIONAL REGISTRY OF MEDICAL EXAMINERS.—Not SEC. 32303. COMMERCIAL DRIVER’S LICENSE NO-
ology endorsed by a nationally recognized later than 1 year after the date of enactment of TIFICATION SYSTEM.
standards organization; and this Act, the Secretary shall establish a national (a) IN GENERAL.—Section 31304 is amended—
‘‘(D) identifying each driver subject to the registry of medical examiners in accordance (1) by striking ‘‘An employer’’ and inserting
hours of service and record of duty status re- with section 31149(d)(1) of title 49, United States the following:
quirements under part 395 of title 49, Code of Code. ‘‘(a) IN GENERAL.—An employer’’; and
Federal Regulations. (b) EXAMINATION REQUIREMENT FOR NATIONAL (2) by adding at the end the following:
‘‘(c) CERTIFICATION CRITERIA.— REGISTRY OF MEDICAL EXAMINERS.—Section ‘‘(b) DRIVER VIOLATION RECORDS.—
‘‘(1) IN GENERAL.—The regulations prescribed 31149(c)(1)(D) is amended to read as follows: ‘‘(1) PERIODIC REVIEW.—Except as provided in
by the Secretary under this section shall estab- ‘‘(D) not later than 1 year after enactment of paragraph (3), an employer shall ascertain the
lish the criteria and a process for the certifi- the Commercial Motor Vehicle Safety Enhance- driving record of each driver it employs—
cation of electronic logging devices to ensure ment Act of 2012, develop requirements for a ‘‘(A) by making an inquiry at least once every
that the device meets the performance require- medical examiner to be listed in the national 12 months to the appropriate State agency in
ments under this section. registry under this section, including— which the driver held or holds a commercial
‘‘(2) EFFECT OF NONCERTIFICATION.—Elec- ‘‘(i) the completion of specific courses and ma- driver’s license or permit during such time pe-
tronic logging devices that are not certified in terials; riod;
accordance with the certification process re- ‘‘(ii) certification, including, at a minimum, ‘‘(B) by receiving occurrence-based reports of
ferred to in paragraph (1) shall not be accept- self-certification, if the Secretary determines changes in the status of a driver’s record from
able evidence of hours of service and record of that self-certification is necessary for sufficient 1 or more driver record notification systems that
duty status requirements under part 395 of title participation in the national registry, to verify meet minimum standards issued by the Sec-
49, Code of Federal Regulations. that a medical examiner completed specific retary; or
‘‘(d) ADDITIONAL CONSIDERATIONS.—The Sec- training, including refresher courses, that the ‘‘(C) by a combination of inquiries to States
retary, in prescribing the regulations described Secretary determines necessary to be listed in and reports from driver record notification sys-
in subsection (a), shall consider how such regu- the national registry; tems.
lations may— ‘‘(iii) an examination that requires a passing ‘‘(2) RECORD KEEPING.—A copy of the reports
‘‘(1) reduce or eliminate requirements for driv- grade; and received under paragraph (1) shall be main-
ers and motor carriers to retain supporting doc- ‘‘(iv) demonstration of a medical examiner’s tained in the driver’s qualification file.
umentation associated with paper-based records willingness to meet the reporting requirements ‘‘(3) EXCEPTIONS TO RECORD REVIEW REQUIRE-
of duty status if— established by the Secretary;’’. MENT.—Paragraph (1) shall not apply to a driv-
‘‘(A) data contained in an electronic logging (c) ADDITIONAL OVERSIGHT OF LICENSING AU- er employed by an employer who, in any 7-day
device supplants such documentation; and THORITIES.—
period, is employed or used as a driver by more
‘‘(B) using such data without paper-based (1) IN GENERAL.—Section 31149(c)(1) is amend-
than 1 employer—
records does not diminish the Secretary’s ability ed—
‘‘(A) if the employer obtains the driver’s iden-
to audit and review compliance with the Sec- (A) by amending subparagraph (E) to read as
tification number, type, and issuing State of the
retary’s hours of service regulations; and follows:
‘‘(2) include such measures as the Secretary driver’s commercial motor vehicle license; or
‘‘(E) require medical examiners to transmit
determines are necessary to protect the privacy ‘‘(B) if the information described in subpara-
electronically, on a monthly basis, the name of
of each individual whose personal data is con- graph (A) is furnished by another employer and
the applicant, a numerical identifier, and addi-
tained in an electronic logging device. the employer that regularly employs the driver
tional information contained on the medical ex-
‘‘(e) USE OF DATA.— meets the other requirements under this section.
aminer’s certificate for any completed medical
‘‘(1) IN GENERAL.—The Secretary may utilize ‘‘(4) DRIVER RECORD NOTIFICATION SYSTEM DE-
examination report required under section 391.43
information contained in an electronic logging FINED.—In this section, the term ‘driver record
of title 49, Code of Federal Regulations, to the
device only to enforce the Secretary’s motor car- notification system’ means a system that auto-
chief medical examiner;’’;
rier safety and related regulations, including (B) in subparagraph (F), by striking the pe- matically furnishes an employer with a report,
record-of-duty status regulations. riod at the end and inserting ‘‘; and’’; and generated by the appropriate agency of a State,
‘‘(2) MEASURES TO PRESERVE CONFIDENTIALITY (C) by adding at the end the following: on the change in the status of an employee’s
OF PERSONAL DATA.—The Secretary shall insti- ‘‘(G) annually review the implementation of driver’s license due to a conviction for a moving
tute appropriate measures to preserve the con- commercial driver’s license requirements by not violation, a failure to appear, an accident, driv-
fidentiality of any personal data contained in fewer than 10 States to assess the accuracy, va- er’s license suspension, driver’s license revoca-
an electronic logging device and disclosed in the lidity, and timeliness of— tion, or any other action taken against the driv-
course of an action taken by the Secretary or by ‘‘(i) the submission of physical examination ing privilege.’’.
law enforcement officials to enforce the regula- reports and medical certificates to State licens- (b) STANDARDS FOR DRIVER RECORD NOTIFICA-
tions referred to in paragraph (1). ing agencies; and TION SYSTEMS.—Not later than 1 year after the
‘‘(3) ENFORCEMENT.—The Secretary shall in- ‘‘(ii) the processing of the submissions by date of enactment of this Act, the Secretary
stitute appropriate measures to ensure any in- State licensing agencies.’’. shall issue minimum standards for driver notifi-
formation collected by electronic logging devices (2) INTERNAL OVERSIGHT POLICY.— cation systems, including standards for the ac-
is used by enforcement personnel only for the (A) IN GENERAL.—Not later than 2 years after curacy, consistency, and completeness of the in-
purpose of determining compliance with hours the date of enactment of this Act, the Secretary formation provided.
of service requirements. shall establish an oversight policy and proce- (c) PLAN FOR NATIONAL NOTIFICATION SYS-
‘‘(f) DEFINITIONS.—In this section: dure to carry out section 31149(c)(1)(G) of title TEM.—
‘‘(1) ELECTRONIC LOGGING DEVICE.—The term 49, United States Code, as added by section (1) DEVELOPMENT.—Not later than 2 years
‘electronic logging device’ means an electronic 32302(c)(1) of this Act. after the date of enactment of this Act, the Sec-
device that— (B) EFFECTIVE DATE.—The amendments made retary shall develop recommendations and a
‘‘(A) is capable of recording a driver’s hours by section 32303(c)(1) of this Act shall take effect plan for the development and implementation of
of service and duty status accurately and auto- on the date the oversight policies and proce- a national driver record notification system, in-
matically; and dures are established pursuant to subparagraph cluding—
‘‘(B) meets the requirements established by the (A). (A) an assessment of the merits of achieving a
Secretary through regulation. (d) ELECTRONIC FILING OF MEDICAL EXAMINA- national system by expanding the Commercial
‘‘(2) TAMPER RESISTANT.—The term ‘tamper re- TION CERTIFICATES.—Section 31311(a), as Driver’s License Information System; and
sistant’ means resistant to allowing any indi- amended by sections 32203(b) and 32305(b) of (B) an estimate of the fees that an employer
vidual to cause an electronic device to record this Act, is amended by adding at the end the will be charged to offset the operating costs of
the incorrect date, time, and location for following: the national system.
changes to on-duty driving status of a commer- ‘‘(25) Not later than 5 years after the date of (2) SUBMISSION TO CONGRESS.—Not later than
cial motor vehicle operator under part 395 of enactment of the Commercial Motor Vehicle 90 days after the recommendations and plan are
title 49, Code of Federal Regulations, or to sub- Safety Enhancement Act of 2012, the State shall developed under paragraph (1), the Secretary
sequently alter the record created by that de- establish and maintain, as part of its driver in- shall submit a report on the recommendations
vice.’’. formation system, the capability to receive an and plan to the Committee on Commerce,
(c) CIVIL PENALTIES.—Section 30165(a)(1) is electronic copy of a medical examiner’s certifi- Science, and Transportation of the Senate and
amended by striking ‘‘or 30141 through 30147’’ cate, from a certified medical examiner, for each the Committee on Transportation and Infra-
and inserting ‘‘30141 through 30147, or 31137’’. holder of a commercial driver’s license issued by structure of the House of Representatives.
(d) CONFORMING AMENDMENT.—The analysis the State who operates or intends to operate in SEC. 32304. COMMERCIAL MOTOR VEHICLE OPER-
for chapter 311 is amended by striking the item interstate commerce.’’. ATOR TRAINING.
relating to section 31137 and inserting the fol- (e) FUNDING.—The Secretary is authorized to (a) IN GENERAL.—Section 31305 is amended by
lowing: utilize funds provided under section 4101(c)(1) of adding at the end the following:
‘‘31137. Electronic logging devices and brake SAFETEA-LU (119 Stat. 1715) to support devel- ‘‘(c) STANDARDS FOR TRAINING.—Not later
maintenance regulations.’’. opment of costs of the information technology than 1 year after the date of enactment of the
Commercial Motor Vehicle Safety Enhancement tains under section 31309, including the posting (1) by striking ‘‘knowingly’’; and
Act of 2012, the Secretary shall issue final regu- of convictions, withdrawals, and disqualifica- (2) by striking ‘‘in which’’ and inserting ‘‘that
lations establishing minimum entry-level train- tions. the employer knows or should reasonably know
ing requirements for an individual operating a ‘‘(24) Before renewing or issuing a commercial that’’.
commercial motor vehicle— driver’s license to an individual, the State shall SEC. 32308. PROGRAM TO ASSIST VETERANS TO
‘‘(1) addressing the knowledge and skills request information pertaining to the individual ACQUIRE COMMERCIAL DRIVER’S LI-
that— from the drug and alcohol clearinghouse main- CENSES.
‘‘(A) are necessary for an individual operating tained under section 31306a.’’; and (a) STUDY.—
a commercial motor vehicle to safely operate a (2) by adding at the end the following: (1) IN GENERAL.—Not later than 90 days after
commercial motor vehicle; and ‘‘(d) STATE COMMERCIAL DRIVER’S LICENSE the date of enactment of this Act, the Secretary,
‘‘(B) must be acquired before obtaining a com- PROGRAM PLAN.— in coordination with the Secretary of Defense,
mercial driver’s license for the first time or up- ‘‘(1) IN GENERAL.—A State shall submit a plan and in consultation with the States and other
grading from one class of commercial driver’s li- to the Secretary for complying with the require- relevant stakeholders, shall commence a study
cense to another class; ments under this section during the period be- to assess Federal and State regulatory, eco-
‘‘(2) addressing the specific training needs of ginning on the date the plan is submitted and nomic, and administrative challenges faced by
a commercial motor vehicle operator seeking ending on September 30, 2016. members and former members of the Armed
passenger or hazardous materials endorsements; ‘‘(2) CONTENTS.—A plan submitted by a State Forces, who received safety training and oper-
‘‘(3) requiring effective instruction to acquire under paragraph (1) shall identify— ated qualifying motor vehicles during their serv-
the knowledge, skills, and training referred to in ‘‘(A) the actions that the State will take to ad- ice, in obtaining commercial driver’s licenses (as
paragraphs (1) and (2), including classroom and dress any deficiencies in the State’s commercial defined in section 31301(3) of title 49, United
behind-the-wheel instruction; driver’s license program, as identified by the States Code).
‘‘(4) requiring certification that an individual Secretary in the most recent audit of the pro- (2) REQUIREMENTS.—The study under this
operating a commercial motor vehicle meets the gram; and subsection shall—
requirements established by the Secretary; and ‘‘(B) other actions that the State will take to (A) identify written and behind-the-wheel
‘‘(5) requiring a training provider (including a comply with the requirements under subsection safety training, qualification standards, knowl-
public or private driving school, motor carrier, (a). edge and skills tests, or other operating experi-
or owner or operator of a commercial motor ve- ‘‘(3) PRIORITY.— ence members of the Armed Forces must meet
hicle) that offers training that results in the ‘‘(A) IMPLEMENTATION SCHEDULE.—A plan that satisfy the minimum standards prescribed
issuance of a certification to an individual submitted by a State under paragraph (1) shall by the Secretary of Transportation for the oper-
under paragraph (4) to demonstrate that the include a schedule for the implementation of the ation of commercial motor vehicles under section
training meets the requirements of the regula- actions identified under paragraph (2). In estab- 31305 of title 49, United States Code;
tions, through a process established by the Sec- lishing the schedule, the State shall prioritize (B) compare the alcohol and controlled sub-
retary.’’. actions to address any deficiencies highlighted stances testing requirements for members of the
(b) COMMERCIAL DRIVER’S LICENSE UNIFORM by the Secretary as critical in the most recent Armed Forces with those required for holders of
STANDARDS.—Section 31308(1) is amended to audit of the program. a commercial driver’s license;
read as follows: ‘‘(B) DEADLINE FOR COMPLIANCE WITH RE- (C) evaluate the cause of delays in reviewing
‘‘(1) an individual issued a commercial driv- QUIREMENTS.—A plan submitted by a State applications for commercial driver’s licenses of
er’s license— under paragraph (1) shall include assurances members and former members of the Armed
‘‘(A) pass written and driving tests for the op- that the State will take the necessary actions to Forces;
eration of a commercial motor vehicle that com- comply with the requirements of subsection (a) (D) identify duplicative application costs;
ply with the minimum standards prescribed by not later than September 30, 2015. (E) identify residency, domicile, training and
the Secretary under section 31305(a); and ‘‘(4) APPROVAL AND DISAPPROVAL.—The Sec- testing requirements, and other safety or health
‘‘(B) present certification of completion of retary shall— assessments that affect or delay the issuance of
driver training that meets the requirements es- ‘‘(A) review each plan submitted under para- commercial driver’s licenses to members and
tablished by the Secretary under section graph (1); former members of the Armed Forces; and
31305(c);’’. ‘‘(B)(i) approve a plan if the Secretary deter- (F) include other factors that the Secretary
(c) CONFORMING AMENDMENT.—The section mines that the plan meets the requirements determines to be appropriate to meet the require-
heading for section 31305 is amended to read as under this subsection and promotes the goals of ments of the study.
follows: this chapter; and (b) REPORT.—
‘‘§ 31305. General driver fitness, testing, and ‘‘(ii) disapprove a plan that the Secretary de- (1) IN GENERAL.—Not later than 180 days after
training’’. termines does not meet the requirements or does the commencement of the study under sub-
not promote the goals. section (a), the Secretary shall submit a report
(d) CONFORMING AMENDMENT.—The analysis to the Committee on Commerce, Science, and
for chapter 313 is amended by striking the item ‘‘(5) MODIFICATION OF DISAPPROVED PLANS.—
If the Secretary disapproves a plan under para- Transportation of the Senate and the Committee
relating to section 31305 and inserting the fol- on Financial Services of the House of Represent-
lowing: graph (4), the Secretary shall—
‘‘(A) provide a written explanation of the dis- atives that contains the findings and rec-
‘‘31305. General driver fitness, testing, and ommendations from the study.
approval to the State; and
training.’’. (2) ELEMENTS.—The report under paragraph
‘‘(B) allow the State to modify the plan and
SEC. 32305. COMMERCIAL DRIVER’S LICENSE PRO-
resubmit it for approval. (1) shall include—
GRAM. (A) findings related to the study requirements
‘‘(6) PLAN UPDATES.—The Secretary may re-
(a) IN GENERAL.—Section 31309 is amended— quire a State to review and update a plan, as under subsection (a)(2);
(1) in subsection (e)(4), by amending subpara- (B) recommendations for the Federal and
appropriate.
graph (A) to read as follows: State legislative, regulatory, and administrative
‘‘(e) ANNUAL COMPARISON OF STATE LEVELS
‘‘(A) IN GENERAL.—The plan shall specify— actions necessary to address challenges identi-
OF COMPLIANCE.—The Secretary shall annu-
‘‘(i) a date by which all States shall be oper- fied in subparagraph (A); and
ally—
ating commercial driver’s license information (C) a plan to implement the recommendations
‘‘(1) compare the relative levels of compliance
systems that are compatible with the modernized for which the Secretary has authority.
by States with the requirements under sub-
information system under this section; and (c) IMPLEMENTATION.—Not later than 1 year
section (a); and
‘‘(ii) that States must use the systems to re- after the date of enactment of this Act, the Sec-
‘‘(2) make the results of the comparison avail-
ceive and submit conviction and disqualification retary, in consultation with the Secretary of De-
able to the public.’’.
data.’’; and fense and in cooperation with the States, shall
(2) in subsection (f), by striking ‘‘use’’ and in- SEC. 32306. COMMERCIAL MOTOR VEHICLE DRIV-
implement the recommendations identified in
ER INFORMATION SYSTEMS.
serting ‘‘use, subject to section 31313(a),’’. subsection (b) and establish accelerated licens-
(b) REQUIREMENTS FOR STATE PARTICIPA- Section 31106(c) is amended— ing procedures to assist veterans to acquire com-
TION.—Section 31311 is amended— (1) by striking the heading and inserting ‘‘(1) mercial driver’s licenses.
(1) in subsection (a), as amended by section IN GENERAL.’’; (d) ACCELERATED LICENSING PROCEDURES.—
32203(b) of this Act— (2) by redesignating paragraphs (1) through The procedures established under subsection (a)
(A) in paragraph (5), by striking ‘‘At least’’ (4) as subparagraphs (A) through (D); and shall be designed to be applicable to any veteran
and all that follows through ‘‘regulation),’’ and (3) by adding at the end the following: who—
inserting: ‘‘Not later than the time period pre- ‘‘(2) ACCESS TO RECORDS.—The Secretary may (1) is attempting to acquire a commercial driv-
scribed by the Secretary by regulation,’’; and require a State, as a condition of an award of er’s license; and
(B) by adding at the end the following: grant money under this section, to provide the (2) obtained, during military service, docu-
‘‘(23) Not later than 1 year after the date of Secretary access to all State licensing status and mented driving experience that, in the deter-
enactment of the Commercial Motor Vehicle driver history records via an electronic informa- mination of the Secretary, makes the use of ac-
Safety Enhancement Act of 2012, the State shall tion system, subject to section 2721 of title 18.’’. celerated licensing procedures appropriate.
implement a system and practices for the exclu- SEC. 32307. EMPLOYER RESPONSIBILITIES. (e) DEFINITIONS.—In this section:
sive electronic exchange of driver history record Section 31304, as amended by section 32303 of (1) COMMERCIAL DRIVER’S LICENSE.—The term
information on the system the Secretary main- this Act, is amended in subsection (a)— ‘‘commercial driver’s license’’ has the meaning
given that term in section 31301 of title 49, ‘‘(C) registering and authenticating persons ‘‘(e) FEES.—
United States Code. required to report to the clearinghouse under ‘‘(1) AUTHORITY TO COLLECT FEES.—Except as
(2) STATE.—The term ‘‘State’’ has the meaning subsection (g); provided under paragraph (3), the Secretary
given that term in section 31301 of title 49, ‘‘(D) preventing the unauthorized access of may collect a reasonable, customary, and nomi-
United States Code. information from the clearinghouse; nal fee from an authorized user of the clearing-
(3) VETERAN.—The term ‘‘veteran’’ has the ‘‘(E) storing and transmitting data; house for a request for information from the
meaning given that term in section 101 of title ‘‘(F) persons required to report to the clear- clearinghouse.
38, United States Code. inghouse under subsection (g) to timely and ac- ‘‘(2) USE OF FEES.—Fees collected under this
Subtitle D—Safe Roads Act of 2012 curately submit electronic data to the clearing- subsection shall be used for the operation and
SEC. 32401. SHORT TITLE. house; maintenance of the clearinghouse.
This subtitle may be cited as the ‘‘Safe Roads ‘‘(G) generating timely and accurate reports ‘‘(3) LIMITATION.—The Secretary may not col-
Act of 2012’’. from the clearinghouse in response to requests lect a fee from an individual requesting informa-
SEC. 32402.NATIONAL CLEARINGHOUSE FOR
for information by authorized users; and tion from the clearinghouse that pertains to the
CONTROLLED SUBSTANCE AND AL- ‘‘(H) updating an individual’s record upon record of that individual.
COHOL TEST RESULTS OF COMMER- completion of the return-to-duty process de- ‘‘(f) EMPLOYER REQUIREMENTS.—
CIAL MOTOR VEHICLE OPERATORS. scribed in title 49, Code of Federal Regulations. ‘‘(1) DETERMINATION CONCERNING USE OF
(a) IN GENERAL.—Chapter 313 is amended— ‘‘(3) EMPLOYER ALERT OF POSITIVE TEST RE- CLEARINGHOUSE.—The Secretary shall determine
(1) in section 31306(a), by inserting ‘‘and sec- SULT.—In establishing the clearinghouse, the if an employer is authorized to use the clearing-
tion 31306a’’ after ‘‘this section’’; and Secretary shall develop a secure method for elec- house to meet the alcohol and controlled sub-
(2) by inserting after section 31306 the fol- tronically notifying an employer of each addi- stances testing requirements under title 49, Code
lowing: tional positive test result or other noncompli- of Federal Regulations.
‘‘§ 31306a. National clearinghouse for con- ance— ‘‘(2) APPLICABILITY OF EXISTING REQUIRE-
trolled substance and alcohol test results of ‘‘(A) for an employee, that is entered into the MENTS.—Each employer and service agent shall
commercial motor vehicle operators clearinghouse during the 7-day period imme- continue to comply with the alcohol and con-
‘‘(a) ESTABLISHMENT.— diately following an employer’s inquiry about trolled substances testing requirements under
‘‘(1) IN GENERAL.—Not later than 2 years after the employee; and title 49, Code of Federal Regulations.
the date of enactment of the Safe Roads Act of ‘‘(B) for an employee who is listed as having ‘‘(3) EMPLOYMENT PROHIBITIONS.—After the
2012, the Secretary of Transportation shall es- multiple employers. clearinghouse is established under subsection
tablish, operate, and maintain a national clear- ‘‘(4) ARCHIVE CAPABILITY.—In establishing the (a), at a date determined to be appropriate by
inghouse for records relating to alcohol and clearinghouse, the Secretary shall develop a the Secretary and published in the Federal Reg-
controlled substances testing of commercial process for archiving all clearinghouse records ister, an employer shall utilize the clearinghouse
motor vehicle operators. for the purposes of auditing and evaluating the to determine whether any employment prohibi-
‘‘(2) PURPOSES.—The purposes of the clearing- timeliness, accuracy, and completeness of data tions exist and shall not hire an individual to
house shall be— in the clearinghouse. operate a commercial motor vehicle unless the
‘‘(A) to improve compliance with the Depart- ‘‘(5) FUTURE NEEDS.— employer determines that the individual, during
ment of Transportation’s alcohol and controlled ‘‘(A) INTEROPERABILITY WITH OTHER DATA SYS- the preceding 3-year period—
substances testing program applicable to com- TEMS.—In establishing the clearinghouse, the ‘‘(A) if tested for the use of alcohol and con-
mercial motor vehicle operators; and Secretary shall consider— trolled substances, as required under title 49,
‘‘(B) to enhance the safety of our United ‘‘(i) the existing data systems containing regu- Code of Federal Regulations—
States roadways by reducing accident and inju- latory and safety data for commercial motor ve- ‘‘(i) did not test positive for the use of alcohol
ries involving the misuse of alcohol or use of hicle operators; or controlled substances in violation of the regu-
controlled substances by operators of commercial ‘‘(ii) the efficacy of using or combining clear- lations; or
motor vehicles. inghouse data with 1 or more of such systems; ‘‘(ii) tested positive for the use of alcohol or
‘‘(3) CONTENTS.—The clearinghouse shall and controlled substances and completed the re-
function as a repository for records relating to ‘‘(iii) the potential interoperability of the quired return-to-duty process under title 49,
the positive test results and test refusals of com- clearinghouse with such systems. Code of Federal Regulations;
mercial motor vehicle operators and violations ‘‘(B) SPECIFIC CONSIDERATIONS.—In carrying ‘‘(B)(i) did not refuse to take an alcohol or
by such operators of prohibitions set forth in out subparagraph (A), the Secretary shall deter- controlled substance test under title 49, Code of
subpart B of part 382 of title 49, Code of Federal mine— Federal Regulations; or
Regulations (or any subsequent corresponding ‘‘(i) the clearinghouse’s capability for inter- ‘‘(ii) refused to take an alcohol or controlled
regulations). operability with— substance test and completed the required re-
‘‘(4) ELECTRONIC EXCHANGE OF RECORDS.—The ‘‘(I) the National Driver Register established turn-to-duty process under title 49, Code of Fed-
Secretary shall ensure that records can be elec- under section 30302; eral Regulations; and
tronically submitted to, and requested from, the ‘‘(II) the Commercial Driver’s License Infor- ‘‘(C) did not violate any other provision of
clearinghouse by authorized users. mation System established under section 31309; subpart B of part 382 of title 49, Code of Federal
‘‘(5) AUTHORIZED OPERATOR.—The Secretary ‘‘(III) the Motor Carrier Management Infor- Regulations (or any subsequent corresponding
may authorize a qualified private entity to oper- mation System for preemployment screening regulations).
ate and maintain the clearinghouse and to col- services under section 31150; and ‘‘(4) ANNUAL REVIEW.—After the clearinghouse
lect fees on behalf of the Secretary under sub- ‘‘(IV) other data systems, as appropriate; and is established under subsection (a), at a date de-
section (e). The entity shall operate and main- ‘‘(ii) any change to the administration of the termined to be appropriate by the Secretary and
tain the clearinghouse and permit access to current testing program, such as forms, that is published in the Federal Register, an employer
driver information and records from the clear- necessary to collect data for the clearinghouse. shall request and review a commercial motor ve-
inghouse in accordance with this section. ‘‘(c) STANDARD FORMATS.—The Secretary hicle operator’s record from the clearinghouse
‘‘(b) DESIGN OF CLEARINGHOUSE.— shall develop standard formats to be used— annually for as long as the commercial motor
‘‘(1) USE OF FEDERAL MOTOR CARRIER SAFETY ‘‘(1) by an authorized user of the clearing- vehicle operator is under the employ of the em-
ADMINISTRATION RECOMMENDATIONS.—In estab- house to— ployer.
lishing the clearinghouse, the Secretary shall ‘‘(A) request a record from the clearinghouse; ‘‘(g) REPORTING OF RECORDS.—
consider— and ‘‘(1) IN GENERAL.—Beginning 30 days after the
‘‘(A) the findings and recommendations con- ‘‘(B) obtain the consent of an individual who date that the clearinghouse is established under
tained in the Federal Motor Carrier Safety Ad- is the subject of a request from the clearing- subsection (a), a medical review officer, em-
ministration’s March 2004 report to Congress re- house, if applicable; and ployer, service agent, and other appropriate per-
quired under section 226 of the Motor Carrier ‘‘(2) to notify an individual that a positive al- son, as determined by the Secretary, shall
Safety Improvement Act of 1999 (49 U.S.C. 31306 cohol or controlled substances test result, refus- promptly submit to the Secretary any record
note); and ing to test, and a violation of any of the prohi- generated after the clearinghouse is initiated of
‘‘(B) the findings and recommendations con- bitions under subpart B of part 382 of title 49, an individual who—
tained in the Government Accountability Of- Code of Federal Regulations (or any subsequent ‘‘(A) refuses to take an alcohol or controlled
fice’s May 2008 report to Congress entitled corresponding regulations), will be reported to substances test required under title 49, Code of
‘Motor Carrier Safety: Improvements to Drug the clearinghouse. Federal Regulations;

Testing Programs Could Better Identify Illegal ‘‘(d) PRIVACY.—A release of information from ‘‘(B) tests positive for alcohol or a controlled
Drug Users and Keep Them off the Road.’. the clearinghouse shall— substance in violation of the regulations; or
‘‘(2) DEVELOPMENT OF SECURE PROCESSES.—In ‘‘(1) comply with applicable Federal privacy ‘‘(C) violates any other provision of subpart B
establishing the clearinghouse, the Secretary laws, including the fair information practices of part 382 of title 49, Code of Federal Regula-
shall develop a secure process for— under the Privacy Act of 1974 (5 U.S.C. 552a); tions (or any subsequent corresponding regula-
‘‘(A) administering and managing the clear- ‘‘(2) comply with applicable sections of the tions).
inghouse in compliance with applicable Federal Fair Credit Reporting Act (15 U.S.C. 1681 et ‘‘(2) INCLUSION OF RECORDS IN CLEARING-
security standards; seq.); and HOUSE.—The Secretary shall include in the
‘‘(B) registering and authenticating author- ‘‘(3) not be made to any person or entity un- clearinghouse the records of positive test results
ized users of the clearinghouse; less expressly authorized or required by law. and test refusals received under paragraph (1).
‘‘(3) MODIFICATIONS AND DELETIONS.—If the commercial driver’s licensing official of a State empted under this subsection to the extent it re-
Secretary determines that a record contained in to request and receive an individual’s record lates to an action taken with respect to a com-
the clearinghouse is not accurate, the Secretary from the clearinghouse if the individual is ap- mercial motor vehicle operator’s commercial
shall modify or delete the record, as appro- plying for a commercial driver’s license from the driver’s license or driving record as a result of
priate. State. the driver’s—
‘‘(4) NOTIFICATION.—The Secretary shall expe- ‘‘(A) CONSENT.—The Secretary may grant ac- ‘‘(A) verified positive alcohol or drug test re-
ditiously notify an individual, unless such noti- cess to an individual’s record in the clearing- sult;
fication would be duplicative, when— house under this paragraph without the prior ‘‘(B) refusal to provide a specimen for the test;
‘‘(A) a record relating to the individual is rewritten or electronic consent of the individual. or
ceived by the clearinghouse; An individual who holds a commercial driver’s ‘‘(C) other violations of subpart B of part 382
‘‘(B) a record in the clearinghouse relating to license shall be deemed to consent to such access of title 49, Code of Federal Regulations (or any
the individual is modified or deleted, and in- by obtaining a commercial driver’s license. subsequent corresponding regulations).
clude in the notification the reason for the ‘‘(B) PROTECTION OF PRIVACY OF INDIVID- ‘‘(m) DEFINITIONS.—In this section—
modification or deletion; or UALS.—A chief commercial driver’s licensing of- ‘‘(1) AUTHORIZED USER.—The term ‘authorized
‘‘(C) a record in the clearinghouse relating to ficial of a State that receives an individual’s user’ means an employer, State licensing au-
the individual is released to an employer and record from the clearinghouse under this para- thority, or other person granted access to the
specify the reason for the release. graph shall— clearinghouse under subsection (h).
‘‘(5) DATA QUALITY AND SECURITY STANDARDS ‘‘(i) protect the privacy of the individual and ‘‘(2) CHIEF COMMERCIAL DRIVER’S LICENSING
FOR REPORTING AND RELEASING.—The Secretary the confidentiality of the record; and OFFICIAL.—The term ‘chief commercial driver’s
may establish additional requirements, as ap- ‘‘(ii) ensure that the information in the record licensing official’ means the official in a State
propriate, to ensure that— is not divulged to any person that is not directly who is authorized to—
‘‘(A) the submission of records to the clearing- involved in assessing and evaluating the quali- ‘‘(A) maintain a record about commercial driv-
house is timely and accurate; fications of the individual to operate a commer- er’s licenses issued by the State; and
‘‘(B) the release of data from the clearing- cial motor vehicle. ‘‘(B) take action on commercial driver’s li-
house is timely, accurate, and released to the ‘‘(i) NATIONAL TRANSPORTATION SAFETY censes issued by the State.
appropriate authorized user under this section; BOARD.—The Secretary shall establish a process ‘‘(3) CLEARINGHOUSE.—The term ‘clearing-
and for the National Transportation Safety Board to house’ means the clearinghouse established
‘‘(C) an individual with a record in the clear- request and receive an individual’s record from under subsection (a).
inghouse has a cause of action for any inappro- the clearinghouse if the individual is involved in ‘‘(4) COMMERCIAL MOTOR VEHICLE OPER-
priate use of information included in the clear- an accident that is under investigation by the ATOR.—The term ‘commercial motor vehicle op-
inghouse. National Transportation Safety Board. erator’ means an individual who—
‘‘(6) RETENTION OF RECORDS.—The Secretary ‘‘(A) possesses a valid commercial driver’s li-
‘‘(j) ACCESS TO CLEARINGHOUSE BY INDIVID-
shall— cense issued in accordance with section 31308;
UALS.—
‘‘(A) retain a record submitted to the clearing-
‘‘(1) IN GENERAL.—The Secretary shall estab- and
house for a 5-year period beginning on the date
lish a process for an individual to request and ‘‘(B) is subject to controlled substances and
the record is submitted;
receive information from the clearinghouse— alcohol testing under title 49, Code of Federal
‘‘(B) remove the record from the clearinghouse
‘‘(A) to determine whether the clearinghouse Regulations.
at the end of the 5-year period, unless the indi-
contains a record pertaining to the individual; ‘‘(5) EMPLOYER.—The term ‘employer’ means a
vidual fails to meet a return-to-duty or follow-
‘‘(B) to verify the accuracy of a record; person or entity employing, or seeking to em-
up requirement under title 49, Code of Federal ‘‘(C) to update an individual’s record, includ- ploy, 1 or more employees (including an indi-
Regulations; and ing completing the return-to-duty process de-
‘‘(C) retain a record after the end of the 5- vidual who is self-employed) to be commercial
scribed in title 49, Code of Federal Regulations; motor vehicle operators.
year period in a separate location for archiving
and ‘‘(6) MEDICAL REVIEW OFFICER.—The term
and auditing purposes.
‘‘(D) to determine whether the clearinghouse ‘medical review officer’ means a licensed physi-
‘‘(h) AUTHORIZED USERS.—
‘‘(1) EMPLOYERS.—The Secretary shall estab- received requests for the individual’s informa- cian who is responsible for—
lish a process for an employer, or an employer’s tion. ‘‘(A) receiving and reviewing a laboratory re-
‘‘(2) DISPUTE PROCEDURE.—The Secretary sult generated under the testing program;
designated agent, to request and receive an indi-
shall establish a procedure, including an appeal ‘‘(B) evaluating a medical explanation for a
vidual’s record from the clearinghouse.
‘‘(A) CONSENT.—An employer may not access process, for an individual to dispute and remedy controlled substances test under title 49, Code of
an individual’s record from the clearinghouse an administrative error in the individual’s Federal Regulations; and
unless the employer— record. ‘‘(C) interpreting the results of a controlled
‘‘(i) obtains the prior written or electronic ‘‘(k) PENALTIES.— substances test.
consent of the individual for access to the ‘‘(1) IN GENERAL.—An employer, employee, ‘‘(7) SECRETARY.—The term ‘Secretary’ means
record; and medical review officer, or service agent who vio- the Secretary of Transportation.
‘‘(ii) submits proof of the individual’s consent lates any provision of this section shall be sub- ‘‘(8) SERVICE AGENT.—The term ‘service agent’
to the Secretary. ject to civil penalties under section 521(b)(2)(C) means a person or entity, other than an em-
‘‘(B) ACCESS TO RECORDS.—After receiving a and criminal penalties under section ployee of the employer, who provides services to
request from an employer for an individual’s 521(b)(6)(B), and any other applicable civil and employers or employees under the testing pro-
record under subparagraph (A), the Secretary criminal penalties, as determined by the Sec- gram.
shall grant access to the individual’s record to retary. ‘‘(9) TESTING PROGRAM.—The term ‘testing
the employer as expeditiously as practicable. ‘‘(2) VIOLATION OF PRIVACY.—The Secretary program’ means the alcohol and controlled sub-
‘‘(C) RETENTION OF RECORD REQUESTS.—The shall establish civil and criminal penalties, con- stances testing program required under title 49,
Secretary shall require an employer to retain for sistent with paragraph (1), for an authorized Code of Federal Regulations.’’.
a 3-year period— user who violates paragraph (1) or (2) of sub- (b) CONFORMING AMENDMENT.—The analysis
‘‘(i) a record of each request made by the em- section (h). for chapter 313 is amended by inserting after the
ployer for records from the clearinghouse; and ‘‘(l) COMPATIBILITY OF STATE AND LOCAL item relating to section 31306 the following:
‘‘(ii) the information received pursuant to the LAWS.—
‘‘31306a. National clearinghouse for positive
request. ‘‘(1) PREEMPTION.—Except as provided under
controlled substance and alcohol
‘‘(D) USE OF RECORDS.—An employer may use paragraph (2), any law, regulation, order, or
test results of commercial motor
an individual’s record received from the clear- other requirement of a State, political subdivi-
vehicle operators.’’.
inghouse only to assess and evaluate whether a sion of a State, or Indian tribe related to a com-
prohibition applies with respect to the indi- mercial driver’s license holder subject to alcohol Subtitle E—Enforcement
vidual to operate a commercial motor vehicle for or controlled substance testing under title 49, SEC. 32501. INSPECTION DEMAND AND DISPLAY
the employer. Code of Federal Regulations, that is incon- OF CREDENTIALS.
‘‘(E) PROTECTION OF PRIVACY OF INDIVID- sistent with this section or a regulation issued (a) SAFETY INVESTIGATIONS.—Section 504(c) is
UALS.—An employer that receives an individ- pursuant to this section is preempted. amended—
ual’s record from the clearinghouse under sub- ‘‘(2) APPLICABILITY.—The preemption under (1) by inserting ‘‘, or an employee of the re-
paragraph (B) shall— paragraph (1) shall include— cipient of a grant issued under section 31102 of
‘‘(i) protect the privacy of the individual and ‘‘(A) the reporting of valid positive results this title’’ after ‘‘a contractor’’; and
the confidentiality of the record; and from alcohol screening tests and drug tests; (2) by inserting ‘‘, in person or in writing’’
‘‘(ii) ensure that information contained in the ‘‘(B) the refusal to provide a specimen for an after ‘‘proper credentials’’.
record is not divulged to a person or entity that alcohol screening test or drug test; and (b) CIVIL PENALTY.—Section 521(b)(2)(E) is
is not directly involved in assessing and evalu- ‘‘(C) other violations of subpart B of part 382 amended—
ating whether a prohibition applies with respect of title 49, Code of Federal Regulations (or any (1) by redesignating subparagraph (E) as sub-
to the individual to operate a commercial motor subsequent corresponding regulations). paragraph (E)(i); and
vehicle for the employer. ‘‘(3) EXCEPTION.—A law, regulation, order, or (2) by adding at the end the following:
‘‘(2) STATE LICENSING AUTHORITIES.—The Sec- other requirement of a State, political subdivi- ‘‘(ii) PLACE OUT OF SERVICE.—The Secretary
retary shall establish a process for the chief sion of a State, or Indian tribe shall not be pre- may by regulation adopt procedures for placing
out of service the commercial motor vehicle of a ing and taking into custody of a commercial ‘‘(1) PROGRAM GOAL.—The goal of the Motor
foreign-domiciled motor carrier that fails to motor vehicle or the immobilizing of a commer- Carrier Safety Assistance Program is to ensure
promptly allow the Secretary to inspect and cial motor vehicle through the attachment of a that the Secretary, States, local government
copy a record or inspect equipment, land, build- locking device or other mechanical or electronic agencies, and other political jurisdictions work
ings, or other property.’’. means.’’. in partnership to establish programs to improve
(c) HAZARDOUS MATERIALS INVESTIGATIONS.— SEC. 32505. INCREASED PENALTIES FOR EVASION motor carrier, commercial motor vehicle, and
Section 5121(c)(2) is amended by inserting ‘‘, in OF REGULATIONS. driver safety to support a safe and efficient sur-
person or in writing,’’ after ‘‘proper creden- (a) PENALTIES.—Section 524 is amended— face transportation system by—
tials’’. (1) by striking ‘‘knowingly and willfully’’; ‘‘(A) making targeted investments to promote
(d) COMMERCIAL INVESTIGATIONS.—Section (2) by inserting after ‘‘this chapter’’ the fol- safe commercial motor vehicle transportation,
14122(b) is amended by inserting ‘‘, in person or lowing: ‘‘, chapter 51, subchapter III of chapter including transportation of passengers and haz-
in writing’’ after ‘‘proper credentials’’. 311 (except sections 31138 and 31139) or section ardous materials;
SEC. 32502. OUT OF SERVICE PENALTY FOR DE- 31302, 31303, 31304, 31305(b), 31310(g)(1)(A), or ‘‘(B) investing in activities likely to generate
NIAL OF ACCESS TO RECORDS. 31502 of this title, or a regulation issued under maximum reductions in the number and severity
Section 521(b)(2)(E) is amended— any of those provisions,’’; of commercial motor vehicle crashes and fatali-
(1) by inserting after ‘‘$10,000.’’ the following: (3) by striking ‘‘$200 but not more than $500’’ ties resulting from such crashes;
‘‘In the case of a motor carrier, the Secretary and inserting ‘‘$2,000 but not more than $5,000’’; ‘‘(C) adopting and enforcing effective motor
may also place the violator’s motor carrier oper- and carrier, commercial motor vehicle, and driver
ations out of service.’’; and (4) by striking ‘‘$250 but not more than $2,000’’ safety regulations and practices consistent with
(2) by striking ‘‘such penalty’’ after ‘‘It shall and inserting ‘‘$2,500 but not more than $7,500’’. Federal requirements; and
be a defense to’’ and inserting ‘‘a penalty’’. (b) EVASION OF REGULATION.—Section 14906 is ‘‘(D) assessing and improving statewide per-
SEC. 32503. PENALTIES FOR VIOLATION OF OPER- amended— formance by setting program goals and meeting
ATION OUT OF SERVICE ORDERS. (1) by striking ‘‘$200’’ and inserting ‘‘at least performance standards, measures, and bench-
Section 521(b)(2) is amended by adding at the $2,000’’; marks.’’;
end the following: (2) by striking ‘‘$250’’ and inserting ‘‘$5,000’’; (4) in paragraph (2), as redesignated—
‘‘(F) PENALTY FOR VIOLATIONS RELATING TO and (A) by striking ‘‘make a declaration of’’ in
OUT OF SERVICE ORDERS.—A motor carrier or em- (3) by inserting after ‘‘a subsequent violation’’ subparagraph (I) and inserting ‘‘demonstrate’’;
ployer (as defined in section 31132) that operates the following: (B) by amending subparagraph (M) to read as
a commercial motor vehicle in commerce in vio- ‘‘, and may be subject to criminal penalties’’. follows:
lation of a prohibition on transportation under SEC. 32506. VIOLATIONS RELATING TO COMMER- ‘‘(M) ensures participation in appropriate
section 31144(c) of this title or an imminent haz- CIAL MOTOR VEHICLE SAFETY REGU- Federal Motor Carrier Safety Administration
ard out of service order issued under subsection LATION AND OPERATORS. systems and other information systems by all
(b)(5) of this section or section 5121(d) of this Section 521(b)(2)(D) is amended by striking appropriate jurisdictions receiving Motor Car-
title shall be liable for a civil penalty not to ex- ‘‘ability to pay,’’. rier Safety Assistance Program funding;’’;
ceed $25,000.’’. SEC. 32507. EMERGENCY DISQUALIFICATION FOR (C) in subparagraph (Q), by inserting ‘‘and
SEC. 32504. IMPOUNDMENT AND IMMOBILIZATION IMMINENT HAZARD. dedicated sufficient resources to’’ between ‘‘es-
OF COMMERCIAL MOTOR VEHICLES Section 31310(f) is amended— tablished’’ and ‘‘a program’’;
FOR IMMINENT HAZARD. (1) in paragraph (1) by inserting ‘‘section 521 (D) in subparagraph (W), by striking ‘‘and’’
Section 521(b) is amended by adding at the or’’ before ‘‘section 5102’’; and after the semicolon;
end the following: (2) in paragraph (2) by inserting ‘‘section 521 (E) in subparagraph (X), by striking the pe-
‘‘(15) IMPOUNDMENT OF COMMERCIAL MOTOR or’’ before ‘‘section 5102’’. riod and inserting ‘‘; and’’; and
VEHICLES.— (F) by adding after subparagraph (X) the fol-
SEC. 32508. DISCLOSURE TO STATE AND LOCAL
‘‘(A) ENFORCEMENT OF IMMINENT HAZARD OUT- LAW ENFORCEMENT AGENCIES. lowing:
OF-SERVICE ORDERS.— ‘‘(Y) ensures that the State will transmit to its
Section 31106(e) is amended—
‘‘(i) The Secretary, or an authorized State of- (1) by redesignating subsection (e) as sub- roadside inspectors the notice of each Federal
ficial carrying out motor carrier safety enforce- section (e)(1); and exemption granted pursuant to section 31315(b)
ment activities under section 31102, may enforce (2) by inserting at the end the following: and provided to the State by the Secretary, in-
an imminent hazard out-of-service order issued ‘‘(2) IN GENERAL.—Notwithstanding any pro- cluding the name of the person granted the ex-
under chapters 5, 51, 131 through 149, 311, 313, hibition on disclosure of information in section emption and any terms and conditions that
or 315 of this title, or a regulation promulgated 31105(h) or 31143(b) of this title or section 552a apply to the exemption.’’; and
thereunder, by towing and impounding a com- of title 5, the Secretary may disclose information (5) by amending paragraph (4), as redesig-
mercial motor vehicle until the order is re- maintained by the Secretary pursuant to chap- nated, to read as follows:
scinded. ters 51, 135, 311, or 313 of this title to appro- ‘‘(4) MAINTENANCE OF EFFORT.—
‘‘(ii) Enforcement shall not unreasonably priate personnel of a State agency or instrumen- ‘‘(A) IN GENERAL.—A plan submitted by a
interfere with the ability of a shipper, carrier, tality authorized to carry out State commercial State under paragraph (2) shall provide that the
broker, or other party to arrange for the alter- motor vehicle safety activities and commercial total expenditure of amounts of the lead State
native transportation of any cargo or passenger driver’s license laws, or appropriate personnel of agency responsible for implementing the plan
being transported at the time the commercial a local law enforcement agency, in accordance will be maintained at a level at least equal to
motor vehicle is immobilized. In the case of a with standards, conditions, and procedures as the average level of that expenditure for fiscal
commercial motor vehicle transporting pas- determined by the Secretary. Disclosure under years 2004 and 2005.
sengers, the Secretary or authorized State offi- this section shall not operate as a waiver by the ‘‘(B) AVERAGE LEVEL OF STATE EXPENDI-
cial shall provide reasonable, temporary, and se- Secretary of any applicable privilege against TURES.—In estimating the average level of State
cure shelter and accommodations for passengers disclosure under common law or as a basis for expenditure under subparagraph (A), the Sec-
in transit. compelling disclosure under section 552 of title retary—
‘‘(iii) The Secretary’s designee or an author- ‘‘(i) may allow the State to exclude State ex-
5.’’.
ized State official carrying out motor carrier penditures for Government-sponsored dem-
SEC. 32509. GRADE CROSSING SAFETY REGULA-
safety enforcement activities under section onstration or pilot programs; and
TIONS.
31102, shall immediately notify the owner of a ‘‘(ii) shall require the State to exclude State
Section 112(2) of the Hazardous Materials
commercial motor vehicle of the impoundment matching amounts used to receive Government
Transportation Authorization Act of 1994 (Pub-
and the opportunity for review of the impound- financing under this subsection.
lic Law 103–311) is amended by striking ‘‘315 of
ment. A review shall be provided in accordance ‘‘(C) WAIVER.—Upon the request of a State,
such title (relating to motor carrier safety)’’ and
with section 554 of title 5, except that the review the Secretary may waive or modify the require-
inserting ‘‘311 of such title (relating to commer-
shall occur not later than 10 days after the im- ments of this paragraph for 1 fiscal year, if the
cial motor vehicle safety)’’.
poundment. Secretary determines that a waiver is equitable
‘‘(B) ISSUANCE OF REGULATIONS.—The Sec- Subtitle F—Compliance, Safety, due to exceptional or uncontrollable cir-
retary shall promulgate regulations on the use Accountability cumstances, such as a natural disaster or a seri-
of impoundment or immobilization of commercial SEC. 32601. MOTOR CARRIER SAFETY ASSISTANCE ous decline in the financial resources of the
motor vehicles as a means of enforcing addi- PROGRAM. State motor carrier safety assistance program
tional out-of-service orders issued under chap- (a) IN GENERAL.—Section 31102(b) is amend- agency.’’.
ters 5, 51, 131 through 149, 311, 313, or 315 of this ed— SEC. 32602. PERFORMANCE AND REGISTRATION
title, or a regulation promulgated thereunder. (1) by amending the heading to read as fol- INFORMATION SYSTEMS MANAGE-
Regulations promulgated under this subpara- lows: MENT PROGRAM.
graph shall include consideration of public safe- ‘‘(b) MOTOR CARRIER SAFETY ASSISTANCE Section 31106(b) is amended by amending
ty, the protection of passengers and cargo, in- PROGRAM.—’’; paragraph (3)(C) to read as follows:
convenience to passengers, and the security of (2) by redesignating paragraphs (1) through ‘‘(C) establish and implement a process—
the commercial motor vehicle. (3) as (2) through (4), respectively; ‘‘(i) to cancel the motor vehicle registration
‘‘(C) DEFINITION.—In this paragraph, the term (3) by inserting before paragraph (2), as redes- and seize the registration plates of a vehicle
‘impoundment’ or ’impounding’ means the seiz- ignated, the following: when an employer is found liable under section
31310(i)(2)(C) for knowingly allowing or requir- by striking ‘‘2011 and $750,000 for the period be- (2) BUS.—The term ‘‘bus’’ has the meaning
ing an employee to operate such a commercial ginning on October 1, 2011, and ending on June given the term in section 571.3(b) of title 49,
motor vehicle in violation of an out-of-service 30, 2012,’’ and inserting ‘‘2014’’. Code of Federal Regulations (as in effect on the
order; and (h) BORDER ENFORCEMENT GRANTS.—Section day before the date of enactment of this Act).
‘‘(ii) to reinstate the vehicle registration or re- 31107 is amended— (3) COMMERCIAL MOTOR VEHICLE.—Except as
turn the registration plates of the commercial (1) by striking subsection (b); and otherwise specified, the term ‘‘commercial motor
motor vehicle, subject to sanctions under clause (2) redesignating subsections (c) and (d) as vehicle’’ has the meaning given the term in sec-
(i), if the Secretary permits such carrier to re- subsections (b) and (c), respectively. tion 31132(1) of title 49, United States Code.
sume operations after the date of issuance of (i) ADMINISTRATION OF GRANT PROGRAMS.— (4) DIRECT TIRE PRESSURE MONITORING SYS-
such order.’’. The Secretary is authorized to identify and im- TEM.—The term ‘‘direct tire pressure monitoring
SEC. 32603.
AUTHORIZATION OF APPROPRIA- plement processes to reduce the administrative system’’ means a tire pressure monitoring system
TIONS. burden on the States and the Department of that is capable of directly detecting when the
(a) MOTOR CARRIER SAFETY GRANTS.—Section Transportation concerning the application and air pressure level in any tire is significantly
31104(a) is amended— management of the grant programs authorized under-inflated and providing the driver a low
(1) by striking ‘‘and’’ at the end of paragraph under chapter 311 and chapter 313 of title 49, tire pressure warning as to which specific tire is
(7); United States Code. significantly under-inflated.
(2) by striking paragraph (8); and SEC. 32604. GRANTS FOR COMMERCIAL DRIVER’S (5) MOTOR CARRIER.—The term ‘‘motor car-
(3) by inserting after paragraph (7) the fol- LICENSE PROGRAM IMPLEMENTA- rier’’ means—
lowing: TION. (A) a motor carrier (as defined in section
‘‘(8) $215,000,000 for fiscal year 2013; and (a) GRANTS FOR COMMERCIAL DRIVER’S LI- 13102(14) of title 49, United States Code); or
‘‘(9) $218,000,000 for fiscal year 2014.’’. CENSE PROGRAM IMPLEMENTATION.—Section (B) a motor private carrier (as defined in sec-
(b) ADMINISTRATIVE EXPENSES.—Section 31313(a) is amended to read as follows: tion 13102(15) of that title).
31104(i)(1) is amended— ‘‘(a) COMMERCIAL DRIVER’S LICENSE PROGRAM (6) MOTORCOACH.—The term ‘‘motorcoach’’
(1) by striking ‘‘and’’ at the end of subpara- IMPROVEMENT GRANTS.— has the meaning given the term ‘‘over-the-road
graph (G); and ‘‘(1) PROGRAM GOAL.—The Secretary of Trans- bus’’ in section 3038(a)(3) of the Transportation
(2) by striking subparagraph (H); and portation may make a grant to a State in a fis- Equity Act for the 21st Century (49 U.S.C. 5310
(3) by inserting after subparagraph (G) the cal year— note), but does not include—
following: ‘‘(A) to comply with the requirements of sec- (A) a bus used in public transportation pro-
‘‘(H) $251,000,000 for fiscal year 2013; and tion 31311; vided by, or on behalf of, a public transpor-
‘‘(I) $259,000,000 for fiscal year 2014.’’. ‘‘(B) in the case of a State that is making a tation agency; or
(c) GRANT PROGRAMS.—Section 4101(c) of good faith effort toward substantial compliance (B) a school bus, including a multifunction
SAFETEA-LU (119 Stat. 1715) is amended to with the requirements of this section and section school activity bus.
read as follows: 31311, to improve its implementation of its com- (7) MOTORCOACH SERVICES.—The term ‘‘motor-
‘‘(c) GRANT PROGRAMS.—There are authorized mercial driver’s license program, including ex- coach services’’ means passenger transportation
to be appropriated from the Highway Trust penses— by motorcoach for compensation.
Fund (other than the Mass Transit Account) ‘‘(i) for computer hardware and software; (8) MULTIFUNCTION SCHOOL ACTIVITY BUS.—
the following sums for the following Federal ‘‘(ii) for publications, testing, personnel, The term ‘‘multifunction school activity bus’’
Motor Carrier Safety Administration programs: training, and quality control; has the meaning given the term in section
‘‘(1) COMMERCIAL DRIVER’S LICENSE PROGRAM ‘‘(iii) for commercial driver’s license program 571.3(b) of title 49, Code of Federal Regulations
IMPROVEMENT GRANTS.—For commercial driver’s coordinators; (as in effect on the day before the date of enact-
license program improvement grants under sec- ‘‘(iv) to implement or maintain a system to no- ment of this Act).
tion 31313 of title 49, United States Code tify an employer of an operator of a commercial (9) PORTAL.—The term ‘‘portal’’ means any
$30,000,000 for each of fiscal years 2013 and 2014. motor vehicle of the suspension or revocation of opening on the front, side, rear, or roof of a mo-
‘‘(2) BORDER ENFORCEMENT GRANTS.—For bor- the operator’s commercial driver’s license con- torcoach that could, in the event of a crash in-
der enforcement grants under section 31107 of sistent with the standards developed under sec- volving the motorcoach, permit the partial or
such title $32,000,000 for each of fiscal years 2013 tion 32303(b) of the Commercial Motor Vehicle complete ejection of any occupant from the mo-
and 2014. Safety Enhancement Act of 2012. torcoach, including a young child.
‘‘(3) PERFORMANCE AND REGISTRATION INFOR- ‘‘(2) PROHIBITIONS.—A State may not use (10) PROVIDER OF MOTORCOACH SERVICES.—
MATION SYSTEM MANAGEMENT GRANT PRO- grant funds under this subsection to rent, lease, The term ‘‘provider of motorcoach services’’
GRAM.—For the performance and registration or buy land or buildings.’’. means a motor carrier that provides passenger
information system management grant program (b) CONFORMING AMENDMENT.— transportation services with a motorcoach, in-
under section 31109 of such title $5,000,000 for (1) The heading for section 31313 is amended cluding per-trip compensation and contracted or
each of fiscal years 2013 and 2014. by striking ‘‘improvements’’ and inserting ‘‘im- chartered compensation.
‘‘(4) COMMERCIAL VEHICLE INFORMATION SYS- plementation’’. (11) PUBLIC TRANSPORTATION.—The term
TEMS AND NETWORKS DEPLOYMENT.—For car- (2) The analysis of chapter 313 is amended by ‘‘public transportation’’ has the meaning given
rying out the commercial vehicle information striking the item relating to section 31313 and the term in section 5302 of title 49, United States
systems and networks deployment program inserting the following: Code.
under section 4126 of this Act, $25,000,000 for ‘‘31313. Grants for commercial driver’s license (12) SAFETY BELT.—The term ‘‘safety belt’’ has
each of fiscal years 2013 and 2014. program implementation.’’. the meaning given the term in section
‘‘(5) SAFETY DATA IMPROVEMENT GRANTS.—For SEC. 32605. COMMERCIAL VEHICLE INFORMATION 153(i)(4)(B) of title 23, United States Code.
safety data improvement grants under section SYSTEMS AND NETWORKS. (13) SECRETARY.—The term ‘‘Secretary’’ means
4128 of this Act, $3,000,000 for each of fiscal Not later than 6 months after the date of en- the Secretary of Transportation.
years 2013 and 2014.’’. actment of this Act, the Secretary shall submit SEC. 32703. REGULATIONS FOR IMPROVED OCCU-
(d) HIGH-PRIORITY ACTIVITIES.—Section a report to the Committee on Commerce, Science, PANT PROTECTION, PASSENGER
31104(k)(2) is amended by striking ‘‘2011 and and Transportation of the Senate and the Com- EVACUATION, AND CRASH AVOID-
$11,250,000 for the period beginning on October ANCE.
mittee on Transportation and Infrastructure of
1, 2011, and ending on June 30, 2012,’’ and in- the House of Representatives that includes— (a) REGULATIONS REQUIRED WITHIN 1 YEAR.—
serting ‘‘2014’’. (1) established time frames and milestones for Not later than 1 year after the date of enact-
(e) NEW ENTRANT AUDITS.—Section resuming the Commercial Vehicle Information ment of this Act, the Secretary shall prescribe
31144(g)(5)(B) is amended to read as follows: Systems and Networks Program; and regulations requiring safety belts to be installed
‘‘(B) SET ASIDE.—The Secretary shall set aside (2) a strategic workforce plan for its grants in motorcoaches at each designated seating posi-
from amounts made available by section 31104(a) management office to ensure that it has deter- tion.
up to $32,000,000 per fiscal year for audits of mined the skills and competencies that are crit- (b) REGULATIONS REQUIRED WITHIN 2
new entrant motor carriers conducted pursuant ical to achieving its mission goals. YEARS.—Not later than 2 years after the date of
to this paragraph.’’. enactment of this Act, the Secretary shall pre-
Subtitle G—Motorcoach Enhanced Safety Act
(f) OUTREACH AND EDUCATION.—Section scribe regulations that address the following
of 2012
4127(e) of SAFETEA-LU (119 Stat. 1741) is commercial motor vehicle standards, if the Sec-
amended to read as follows: SEC. 32701. SHORT TITLE. retary determines that such standards meet the
‘‘(e) FUNDING.—From amounts made available This subtitle may be cited as the ‘‘Motorcoach requirements and considerations set forth in
under section 31104(i) of title 49, United States Enhanced Safety Act of 2012’’. subsections (a) and (b) of section 30111 of title
Code, the Secretary shall make available SEC. 32702. DEFINITIONS. 49, United States Code:
$4,000,000 to the Federal Motor Carrier Safety In this subtitle: (1) ROOF STRENGTH AND CRUSH RESISTANCE.—
Administration for each of fiscal years 2013 and (1) ADVANCED GLAZING.—The term ‘‘advanced The Secretary shall establish improved roof and
2014 to carry out this section (other than sub- glazing’’ means glazing installed in a portal on roof support standards for motorcoaches that
section (f)).’’. the side or the roof of a motorcoach that is de- substantially improve the resistance of motor-
(g) GRANT PROGRAM FOR COMMERCIAL MOTOR signed to be highly resistant to partial or com- coach roofs to deformation and intrusion to pre-
VEHICLE OPERATORS.—Section 4134(c) of plete occupant ejection in all types of motor ve- vent serious occupant injury in rollover crashes
SAFETEA-LU (49 U.S.C. 31301 note) is amended hicle crashes. involving motorcoaches.
(2) ANTI-EJECTION SAFETY COUNTER- SEC. 32704. FIRE PREVENTION AND MITIGATION. ‘‘(i) determine the safety fitness of each motor
MEASURES.—The Secretary shall consider requir- (a) RESEARCH AND TESTING.—The Secretary carrier of passengers who the Secretary registers
ing advanced glazing standards for each motor- shall conduct research and testing to determine under section 13902 or 31134 through a simple
coach portal and shall consider other portal im- the most prevalent causes of motorcoach fires and understandable rating system that allows
provements to prevent partial and complete ejec- and the best methods to prevent such fires and passengers to compare the safety performance of
tion of motorcoach passengers, including chil- to mitigate the effect of such fires, both inside each such motor carrier; and
dren. In prescribing such standards, the Sec- and outside the motorcoach. Such research and ‘‘(ii) assign a safety fitness rating to each
retary shall consider the impact of such stand- testing shall consider flammability of exterior such motor carrier.
ards on the use of motorcoach portals as a components, smoke suppression, prevention of ‘‘(B) APPLICABILITY.—Subparagraph (A) shall
means of emergency egress. and resistance to wheel well fires, automatic fire apply—
(3) ROLLOVER CRASH AVOIDANCE.—The Sec- suppression, passenger evacuation, causation ‘‘(i) to any provider of motorcoach services
retary shall consider requiring motorcoaches to and prevention of motorcoach fires, and im- registered with the Administration after the date
be equipped with stability enhancing tech- proved fire extinguishers. of enactment of the Motorcoach Enhanced Safe-
nology, such as electronic stability control and (b) STANDARDS.—Not later than 3 years after ty Act of 2012 beginning not later than 2 years
torque vectoring, to reduce the number and fre- the date of enactment of this Act, the Secretary after the date of such registration; and
quency of rollover crashes among motorcoaches. may issue fire prevention and mitigation stand- ‘‘(ii) to any provider of motorcoach services
(c) COMMERCIAL MOTOR VEHICLE TIRE PRES- ards for motorcoaches, based on the results of registered with the Administration on or before
SURE MONITORING SYSTEMS.—Not later than 3 the Secretary’s research and testing, taking into the date of enactment of that Act beginning not
years after the date of enactment of this Act, account highway size and weight restrictions later than 3 years after the date of enactment of
the Secretary shall prescribe the following com- applicable to motorcoaches, if the Secretary de- that Act.
termines that such standards meet the require- ‘‘(2) PERIODIC REVIEW.—The Secretary shall
mercial vehicle regulation:
ments and considerations set forth in sub- establish, by regulation, a process for moni-
(1) IN GENERAL.—The Secretary shall consider
sections (a) and (b) of section 30111 of title 49, toring the safety performance of each motor car-
requiring motorcoaches to be equipped with di-
United States Code. rier of passengers on a regular basis following
rect tire pressure monitoring systems that warn
SEC. 32705. OCCUPANT PROTECTION, COLLISION the assignment of a safety fitness rating, includ-
the operator of a commercial motor vehicle when
AVOIDANCE, FIRE CAUSATION, AND ing progressive intervention to correct unsafe
any tire exhibits a level of air pressure that is
FIRE EXTINGUISHER RESEARCH AND practices.
below a specified level of air pressure estab-
TESTING. ‘‘(3) ENFORCEMENT STRIKE FORCES.—In addi-
lished by the Secretary, if the Secretary deter-
(a) SAFETY RESEARCH INITIATIVES.—Not later tion to the enhanced monitoring and enforce-
mines that such standards meet the require-
than 3 years after the date of enactment of this ment actions required under paragraph (2), the
ments and considerations set forth in sub-
Act, the Secretary shall complete the following Secretary may organize special enforcement
sections (a) and (b) of section 30111 of title 49,
research and testing: strike forces targeting motor carriers of pas-
United States Code.
(1) INTERIOR IMPACT PROTECTION.—The Sec- sengers.
(2) PERFORMANCE REQUIREMENTS.—In any ‘‘(4) PERIODIC UPDATE OF SAFETY FITNESS RAT-
retary shall research and test enhanced occu-
standard adopted under paragraph (1), the Sec- ING.—In conducting the safety reviews required
pant impact protection technologies for motor-
retary shall include performance requirements under this subsection, the Secretary shall—
coach interiors to reduce serious injuries for all
to meet the objectives identified in paragraph (1) ‘‘(A) reassess the safety fitness rating of each
passengers of motorcoaches.
of this subsection. motor carrier of passengers not less frequently
(2) COMPARTMENTALIZATION SAFETY COUNTER-
(d) TIRE PERFORMANCE STANDARD.—Not later than once every 3 years; and
MEASURES.—The Secretary shall research and
than 3 years after the date of enactment of this ‘‘(B) annually assess the safety fitness of cer-
test enhanced compartmentalization safety
Act, the Secretary shall consider— tain motor carriers of passengers that serve pri-
countermeasures for motorcoaches, including
(1) issuing a rule to upgrade performance marily urban areas with high passenger loads.’’.
enhanced seating designs.
standards for tires used on motorcoaches, in- (3) COLLISION AVOIDANCE SYSTEMS.—The Sec- (b) DISCLOSURE OF SAFETY PERFORMANCE
cluding an enhanced endurance test and a new retary shall research and test forward and lat- RATINGS OF MOTORCOACH SERVICES AND OPER-
high-speed performance test; or eral crash warning systems applications for ATIONS.—
(2) if the Secretary determines that a standard motorcoaches. (1) DEFINITIONS.—In this subsection:
does not meet the requirements and consider- (b) RULEMAKING.—Not later than 2 years after (A) MOTORCOACH.—
ations set forth in subsections (a) and (b) of sec- (i) IN GENERAL.—Except as provided in clause
the completion of each research and testing ini-
tion 30111 of title 49, United States Code, submit (ii), the term ‘‘motorcoach’’ has the meaning
tiative required under subsection (a), the Sec-
a report that describes the reasons for not pre- given the term ‘‘over-the-road bus’’ in section
retary shall issue final motor vehicle safety
scribing such a standard to— 3038(a)(3) of the Transportation Equity Act for
standards if the Secretary determines that such
(A) the Committee on Commerce, Science, and the 21st Century (49 U.S.C. 5310 note).
standards meet the requirements and consider-
Transportation of the Senate; (ii) EXCLUSIONS.—The term ‘‘motorcoach’’
ations set forth in subsections (a) and (b) of sec-
(B) the Committee on Transportation and In- does not include—
tion 30111 of title 49, United States Code. (I) a bus used in public transportation that is
frastructure of the House of Representatives; SEC. 32706. CONCURRENCE OF RESEARCH AND
and provided by a State or local government; or
RULEMAKING. (II) a school bus (as defined in section
(C) the Committee on Energy and Commerce of (a) REQUIREMENTS.—To the extent feasible,
the House of Representatives. 30125(a)(1) of title 49, United States Code), in-
the Secretary shall ensure that research pro- cluding a multifunction school activity bus.
(e) APPLICATION OF REGULATIONS.— grams are carried out concurrently, and in a (B) MOTORCOACH SERVICES AND OPERATIONS.—
(1) NEW MOTORCOACHES.—Any regulation pre- manner that concurrently assesses results, po- The term ‘‘motorcoach services and operations’’
scribed in accordance with subsection (a), (b), tential countermeasures, costs, and benefits. means passenger transportation by a motor-
(c), or (d) shall— (b) AUTHORITY TO COMBINE RULEMAKINGS.— coach for compensation.
(A) apply to all motorcoaches manufactured When considering each of the rulemaking provi- (2) REQUIREMENTS FOR THE DISCLOSURE OF
more than 3 years after the date on which the sions, the Secretary may initiate a single rule- SAFETY PERFORMANCE RATINGS OF MOTORCOACH
regulation is published as a final rule; making proceeding encompassing all aspects or SERVICES AND OPERATIONS.—
(B) take into account the impact to seating may combine the rulemakings as the Secretary (A) IN GENERAL.—Not later than 1 year after
capacity of changes to size and weight of deems appropriate. the date of enactment of this Act, the Secretary
motorcoaches and the ability to comply with (c) CONSIDERATIONS.—If the Secretary under- shall establish, through notice and opportunity
State and Federal size and weight requirements; takes separate rulemaking proceedings, the Sec- for public to comment, requirements to improve
and retary shall— the accessibility to the public of safety rating in-
(C) be based on the best available science. (1) consider whether each added aspect of formation of motorcoach services and oper-
(2) RETROFIT ASSESSMENT FOR EXISTING rulemaking may contribute to addressing the ations.
MOTORCOACHES.— safety need determined to require rulemaking; (B) DISPLAY.—In establishing the require-
(A) IN GENERAL.—The Secretary may assess (2) consider the benefits obtained through the ments under subparagraph (A), the Secretary
the feasibility, benefits, and costs with respect safety belts rulemaking in section 32703(a); and shall consider requirements for each motor car-
to the application of any requirement estab- (3) avoid duplicative benefits, costs, and coun- rier that owns or leases 1 or more motorcoaches
lished under subsection (a) or (b)(2) to termeasures. that transport passengers subject to the Sec-
motorcoaches manufactured before the date on SEC. 32707. IMPROVED OVERSIGHT OF MOTOR- retary’s jurisdiction under section 13501 of title
which the requirement applies to new COACH SERVICE PROVIDERS. 49, United States Code, to prominently display
motorcoaches under paragraph (1). (a) SAFETY REVIEWS.—Section 31144, as safety fitness information pursuant to section
(B) REPORT.—The Secretary shall submit a re- amended by section 32202 of this Act, is amended 31144 of title 49, United States Code—
port on the assessment to the Committee on by adding at the end the following: (i) in each terminal of departure;
Commerce, Science, and Transportation of the ‘‘(i) PERIODIC SAFETY REVIEWS OF OWNERS (ii) in the motorcoach and visible from a posi-
Senate and the Committee on Transportation AND OPERATORS OF INTERSTATE FOR-HIRE COM- tion exterior to the vehicle at the point of depar-
and Infrastructure and the Committee on En- MERCIAL MOTOR VEHICLES DESIGNED OR USED ture, if the motorcoach does not depart from a
ergy and Commerce of the House of Representa- TO TRANSPORT PASSENGERS.— terminal; and
tives not later than 2 years after the date of en- ‘‘(1) SAFETY REVIEW.— (iii) at all points of sale for such motorcoach
actment of this Act. ‘‘(A) IN GENERAL.—The Secretary shall— services and operations.
SEC. 32708. REPORT ON FEASIBILITY, BENEFITS, operate under a Federal exemption or grand- (A) was authorized under State law on or be-
AND COSTS OF ESTABLISHING A SYS- father right, in comparison to vehicles that do fore the date of enactment of this Act; and
TEM OF CERTIFICATION OF TRAIN- (B) was in actual and lawful operation on a
not operate in excess of Federal law and regula-
ING PROGRAMS.
tions (other than vehicles with exemptions or regular or periodic basis (including seasonal op-
Not later than 2 years after the date of enact- grandfather rights); erations) on or before the date of enactment of
ment of this Act, the Secretary of Transpor- (2) evaluate the impacts to the infrastructure this Act;
tation shall submit a report to the Committee on in each State that allows a vehicle to operate (2) a list for each State, as applicable, that de-
Commerce, Science, and Transportation of the with size and weight limits that are in excess of scribes—
Senate and the Committee on Transportation the Federal law and regulations, or to operate (A) the size and weight limitations applicable
and Infrastructure of the House of Representa- under a Federal exemption or grandfather right, to each segment of the National Highway Sys-
tives that describes the feasibility, benefits, and in comparison to vehicles that do not operate in tem in that State as listed under paragraph (1);
costs of establishing a system of certification of excess of Federal law and regulations (other (B) each combination that exceeds the Inter-
public and private schools and of motor carriers than vehicles with exemptions or grandfather state weight limit, but that the Department of
and motorcoach operators that provide motor- rights), including— Transportation, other Federal agency, or a
coach driver training. (A) the cost and benefits of the impacts in dol- State agency has determined on or before the
SEC. 32709. COMMERCIAL DRIVER’S LICENSE PAS- lars; date of enactment of this Act, could be or could
SENGER ENDORSEMENT REQUIRE- (B) the percentage of trucks operating in ex- have been lawfully operated in the State; and
MENTS. (C) each combination that exceeds the Inter-
cess of the Federal size and weight limits; and
(a) IN GENERAL.—Not later than 2 years after (C) the ability of each State to recover the cost state weight limit, but that the Secretary deter-
the date of enactment of this Act, the Secretary for the impacts, or the benefits incurred; mines could have been lawfully operated on a
of Transportation shall review and assess the (3) evaluate the frequency of violations in ex- non-Interstate segment of the National Highway
current knowledge and skill testing require- cess of the Federal size and weight law and reg- System in the State on or before the date of en-
ments for a commercial driver’s license pas- ulations, the cost of the enforcement of the law actment of this Act; and
senger endorsement to determine what improve- and regulations, and the effectiveness of the en- (3) a list of each State law that designates or
ments to the knowledge test, the examination of forcement methods; allows designation of size and weight limitations
driving skills, and the application of such re- (4) assess the impacts that vehicles that oper- in excess of Federal law and regulations on
quirements are necessary to ensure the safe op- ate with size and weight limits in excess of the routes of the National Highway System, includ-
eration of commercial motor vehicles designed or Federal law and regulations, or that operate ing nondivisible loads.
used to transport passengers. under a Federal exemption or grandfather right, (b) SPECIFICATIONS.—The Secretary, in con-
(b) REPORT.—Not later than 120 days after in comparison to vehicles that do not operate in sultation with the States, shall specify whether
completion of the review and assessment under excess of Federal law and regulations (other the determinations under paragraphs (1) and (2)
subsection (a), the Secretary of Transportation than vehicles with exemptions or grandfather of subsection (a) were made by the Department
shall submit to the Committee on Transportation rights), have on bridges, including the impacts of Transportation, other Federal agency, or a
and Infrastructure of the House of Representa- resulting from the number of bridge loadings; State agency.
tives and the Committee on Commerce, Science, (5) compare and contrast the potential safety (c) REPORT.—Not later than 2 years after the
and Transportation of the Senate— and infrastructure impacts of the current Fed- date of enactment of this Act, the Secretary
(1) a report on the review and assessment con- eral law and regulations regarding truck size shall submit a final report of the compilation
ducted under subsection (a); and weight limits in relation to— under subsection (a) to the Committee on Com-
(2) a plan to implement any changes to the (A) six-axle and other alternative configura- merce, Science, and Transportation and the
knowledge and skills tests; and tions of tractor-trailers; and Committee on Environment and Public Works of
(3) a timeframe by which the Secretary will (B) where available, safety records of foreign the Senate and the Committee on Transpor-
implement the changes. nations with truck size and weight limits and tation and Infrastructure of the House of Rep-
SEC. 32710. SAFETY INSPECTION PROGRAM FOR tractor-trailer configurations that differ from resentatives.
COMMERCIAL MOTOR VEHICLES OF the Federal law and regulations; and Subtitle I—Miscellaneous
PASSENGERS. (6) estimate—
Not later than 3 years after the date of enact- PART I—MISCELLANEOUS
(A) the extent to which freight would likely be
ment of this Act, the Secretary of Transpor- diverted from other surface transportation SEC. 32911. PROHIBITION OF COERCION.
tation shall complete a rulemaking proceeding modes to principal arterial routes and National Section 31136(a) is amended by—
to consider requiring States to establish a pro- Highway System intermodal connectors if alter- (1) striking ‘‘and’’ at the end of paragraph
gram for annual inspections of commercial native truck configuration is allowed to operate (3);
motor vehicles designed or used to transport and the effect that any such diversion would (2) striking the period at the end of paragraph
passengers, including an assessment of— have on other modes of transportation; (4) and inserting ‘‘; and’’; and
(1) the risks associated with improperly main- (B) the effect that any such diversion would (3) adding after subsection (4) the following:
tained or inspected commercial motor vehicles have on public safety, infrastructure, cost re- ‘‘(5) an operator of a commercial motor vehicle
designed or used to transport passengers; sponsibilities, fuel efficiency, freight transpor- is not coerced by a motor carrier, shipper, re-
(2) the effectiveness of existing Federal stand- tation costs, and the environment; ceiver, or transportation intermediary to operate
ards for the inspection of such vehicles in— (C) the effect on the transportation network a commercial motor vehicle in violation of a reg-
(A) mitigating the risks described in para- of the United States that allowing alternative ulation promulgated under this section, or chap-
graph (1); and truck configuration to operate would have; and ter 51 or chapter 313 of this title.’’.
(B) ensuring the safe and proper operation (D) whether allowing alternative truck con- SEC. 32912. MOTOR CARRIER SAFETY ADVISORY
condition of such vehicles; and figuration to operate would result in an increase COMMITTEE.
(3) the costs and benefits of a mandatory in- or decrease in the total number of trucks oper- Section 4144(d) of the Safe, Accountable,
spection program. ating on principal arterial routes and National Flexible, Efficient Transportation Equity Act: A
SEC. 32711. REGULATIONS. Highway System intermodal connectors; and Legacy for Users (49 U.S.C. 31100 note), is
Any standard or regulation prescribed or (7) identify all Federal rules and regulations amended by striking ‘‘June 30, 2012’’ and insert-
modified pursuant to the Motorcoach Enhanced impacted by changes in truck size and weight ing ‘‘September 30, 2013’’.
Safety Act of 2012 shall be prescribed or modi- limits. SEC. 32913. WAIVERS, EXEMPTIONS, AND PILOT
(b) REPORT.—Not later than 2 years after the PROGRAMS.
fied in accordance with section 553 of title 5,
United States Code. date that the study is commenced under sub- (a) EXEMPTION STANDARDS.—Section
section (a), the Secretary shall submit a final re- 31315(b)(4) is amended—
Subtitle H—Safe Highways and port on the study, including all findings and (1) in subparagraph (A), by inserting ‘‘(or, in
Infrastructure Preservation recommendations, to the Committee on Com- the case of a request for an exemption from the
SEC. 32801. COMPREHENSIVE TRUCK SIZE AND merce, Science, and Transportation and the physical qualification standards for commercial
WEIGHT LIMITS STUDY. Committee on Environment and Public Works of motor vehicle drivers, post on a web site estab-
(a) TRUCK SIZE AND WEIGHT LIMITS STUDY.— the Senate and the Committee on Transpor- lished by the Secretary to implement the require-
Not later than 45 days after the date of enact- tation and Infrastructure of the House of Rep- ments of section 31149)’’ after ‘‘Federal Reg-
ment of this Act, the Secretary, in consultation resentatives. ister’’;
with each relevant State and other applicable SEC. 32802. COMPILATION OF EXISTING STATE (2) by amending subparagraph (B) to read as
Federal agencies, shall commence a comprehen- TRUCK SIZE AND WEIGHT LIMIT follows:
sive truck size and weight limits study. The LAWS. ‘‘(B) UPON GRANTING A REQUEST.—Upon
study shall— (a) IN GENERAL.—Not later than 90 days after granting a request and before the effective date
(1) provide data on accident frequency and the date of enactment of this Act, the Secretary, of the exemption, the Secretary shall publish in
evaluate factors related to accident risk of vehi- in consultation with the States, shall begin to the Federal Register (or, in the case of an ex-
cles that operate with size and weight limits compile— emption from the physical qualification stand-
that are in excess of the Federal law and regu- (1) a list for each State, as applicable, that de- ards for commercial motor vehicle drivers, post
lations in each State that allows vehicles to op- scribes each route of the National Highway Sys- on a web site established by the Secretary to im-
erate with size and weight limits that are in ex- tem that allows a vehicle to operate in excess of plement the requirements of section 31149) the
cess of the Federal law and regulations, or to the Federal truck size and weight limits that— name of the person granted the exemption, the
provisions from which the person is exempt, the ‘‘(1) the names and business addresses of the ‘‘(1) has sufficient experience to qualify the
effective period, and the terms and conditions of principals of each entity holding such registra- person to act as a broker for transportation; and
the exemption.’’; and tion; ‘‘(2) is fit’’;
(3) in subparagraph (C), by inserting ‘‘(or, in ‘‘(2) the status of such registration; and (2) by redesignating subsections (b), (c), (d),
the case of a request for an exemption from the ‘‘(3) the electronic address of the entity’s sur- and (e) as subsections (d), (e), (f), and (g) re-
physical qualification standards for commercial ety provider for the submission of claims.’’. spectively;
motor vehicle drivers, post on a web site estab- (2) CONFORMING AMENDMENT.—The analysis (3) by inserting after subsection (a) the fol-
lished by the Secretary to implement the require- for chapter 139 is amended by adding at the end lowing:
ments of section 31149)’’ after ‘‘Federal Reg- the following: ‘‘(b) DURATION.—A registration issued under
ister’’. ‘‘13909. Availability of information.’’. subsection (a) shall only remain in effect while
(b) PROVIDING NOTICE OF EXEMPTIONS TO SEC. 32915. ADDITIONAL MOTOR CARRIER REG- the broker for transportation is in compliance
STATE PERSONNEL.—Section 31315(b)(7) is ISTRATION REQUIREMENTS. with section 13906(b).
amended to read as follows: Section 13902, as amended by sections 32101 ‘‘(c) EXPERIENCE OR TRAINING REQUIRE-
‘‘(7) NOTIFICATION OF STATE COMPLIANCE AND and 32107(a) of this Act, is amended–– MENTS.—Each broker shall employ, as an offi-
ENFORCEMENT PERSONNEL.—Before the effective (1) in subsection (a)— cer, an individual who––
date of an exemption, the Secretary shall notify (A) in paragraph (1), by inserting ‘‘using self- ‘‘(1) has at least 3 years of relevant experi-
a State safety compliance and enforcement propelled vehicles the motor carrier owns, rents, ence; or
agency, and require the agency to notify the or leases’’ after ‘‘motor carrier’’; and ‘‘(2) provides the Secretary with satisfactory
State’s roadside inspectors, that a person will be (B) by adding at the end the following: evidence of the individual’s knowledge of re-
operating pursuant to an exemption and the ‘‘(6) SEPARATE REGISTRATION REQUIRED.—A lated rules, regulations, and industry prac-
terms and conditions that apply to the exemp- motor carrier may not broker transportation tices.’’;
tion.’’. services unless the motor carrier has registered (4) by amending subsection (d), as redesig-
(c) PILOT PROGRAMS.—Section 31315(c)(1) is as a broker under this chapter.’’; and nated, to read as follows:
amended by striking ‘‘in the Federal Register’’. (2) by inserting after subsection (h) the fol- ‘‘(d) REGISTRATION AS MOTOR CARRIER RE-
(d) REPORT TO CONGRESS.—Section 31315 is lowing: QUIRED.—
amended by adding after subsection (d) the fol- ‘‘(i) REGISTRATION AS FREIGHT FORWARDER OR ‘‘(1) IN GENERAL.—A broker for transportation
lowing: BROKER REQUIRED.—A motor carrier registered may not provide transportation as a motor car-
‘‘(e) REPORT TO CONGRESS.—The Secretary under this chapter–– rier unless the broker has registered separately
shall submit an annual report to the Committee ‘‘(1) may only provide transportation of prop- under this chapter to provide transportation as
on Commerce, Science, and Transportation of erty with— a motor carrier.
the Senate and the Committee on Transpor- ‘‘(A) self-propelled motor vehicles owned or ‘‘(2) LIMITATION.—This subsection does not
tation and Infrastructure of the House of Rep- leased by the motor carrier; or apply to a motor carrier registered under this
resentatives listing the waivers, exemptions, and ‘‘(B) interchanges under regulations issued by chapter or to an employee or agent of the motor
pilot programs granted under this section, and the Secretary if the originating carrier— carrier to the extent the transportation is to be
any impacts on safety. ‘‘(i) physically transports the cargo at some provided entirely by the motor carrier, with
‘‘(f) WEB SITE.—The Secretary shall ensure point; and other registered motor carriers, or with rail or
that the Federal Motor Carrier Safety Adminis- ‘‘(ii) retains liability for the cargo and for water carriers.’’; and
tration web site includes a link to the web site payment of interchanged carriers; and (5) by amending subsection (e), as redesig-
established by the Secretary to implement the re- ‘‘(2) may not arrange transportation described nated, to read as follows:
quirements under sections 31149 and 31315. The in paragraph (1) unless the motor carrier has ‘‘(e) REGULATION TO PROTECT MOTOR CAR-
link shall be in a clear and conspicuous location obtained a separate registration as a freight for- RIERS AND SHIPPERS.—Regulations of the Sec-
on the home page of the Federal Motor Carrier warder or broker for transportation under secretary applicable to brokers registered under
Safety Administration web site and be easily action 13903 or 13904, as applicable.’’. this section shall provide for the protection of
cessible to the public.’’. SEC. 32916. REGISTRATION OF FREIGHT FOR- motor carriers and shippers by motor vehicle.’’.
SEC. 32914. REGISTRATION REQUIREMENTS. WARDERS AND BROKERS.
SEC. 32917. EFFECTIVE PERIODS OF REGISTRA-
(a) REQUIREMENTS FOR REGISTRATION.—Sec- (a) REGISTRATION OF FREIGHT FORWARDERS.— TION.
tion 13901 is amended to read as follows: Section 13903, as amended by section 32107(b) of Section 13905(c) is amended to read as follows:
‘‘§ 13901. Requirements for registration this Act, is amended— ‘‘(c) EFFECTIVE PERIOD.—
‘‘(a) IN GENERAL.—A person may provide (1) in subsection (a)— ‘‘(1) IN GENERAL.—Except as otherwise pro-
(A) by striking ‘‘finds that the person is fit’’
transportation as a motor carrier subject to ju- vided in this part, each registration issued
and inserting the following: ‘‘determines that
risdiction under subchapter I of chapter 135 or under section 13902, 13903, or 13904—
the person––
service as a freight forwarder subject to jurisdic- ‘‘(A) shall be effective beginning on the date
‘‘(1) has sufficient experience to qualify the
tion under subchapter III of such chapter, or specified by the Secretary; and
person to act as a freight forwarder; and
service as a broker for transportation subject to ‘‘(B) shall remain in effect for such period as
‘‘(2) is fit’’; and
jurisdiction under subchapter I of such chapter (B) by striking ‘‘and the Board’’; the Secretary determines appropriate by regula-
only if the person is registered under this chap- (2) by redesignating subsections (b) and (c) as tion.
ter to provide such transportation or service. subsections (d) and (e), respectively; ‘‘(2) REISSUANCE OF REGISTRATION.—
‘‘(b) REGISTRATION NUMBERS.— (3) by inserting after subsection (a) the fol- ‘‘(A) REQUIREMENT.—Not later than 4 years
‘‘(1) IN GENERAL.—If the Secretary registers a after the date of enactment of the Commercial
lowing:
person under this chapter to provide transpor- ‘‘(b) DURATION.—A registration issued under Motor Vehicle Safety Enhancement Act of 2012,
tation or service, including as a motor carrier, subsection (a) shall only remain in effect while the Secretary shall require a freight forwarder
freight forwarder, or broker, the Secretary shall the freight forwarder is in compliance with sec- or broker to renew its registration issued under
issue a distinctive registration number to the tion 13906(c). this chapter.
person for each such authority to provide trans- ‘‘(c) EXPERIENCE OR TRAINING REQUIRE- ‘‘(B) EFFECTIVE PERIOD.—Each registration
portation or service for which the person is reg- MENT.—Each freight forwarder shall employ, as renewal under subparagraph (A)—
istered. an officer, an individual who–– ‘‘(i) shall expire not later than 5 years after
‘‘(2) TRANSPORTATION OR SERVICE TYPE INDI- ‘‘(1) has at least 3 years of relevant experi- the date of such renewal; and
CATOR.—A number issued under paragraph (1) ‘‘(ii) may be further renewed as provided
ence; or
shall include an indicator of the type of trans- ‘‘(2) provides the Secretary with satisfactory under this chapter.’’.
portation or service for which the registration evidence of the individual’s knowledge of re- SEC. 32918. FINANCIAL SECURITY OF BROKERS
number is issued, including whether the reg- lated rules, regulations, and industry prac- AND FREIGHT FORWARDERS.
istration number is issued for registration of a tices.’’; and (a) IN GENERAL.—Section 13906 is amended by
motor carrier, freight forwarder, or broker. (4) by amending subsection (d), as redesig- striking subsections (b) and (c) and inserting the
‘‘(c) SPECIFICATION OF AUTHORITY.—For each nated, to read as follows: following:
agreement to provide transportation or service ‘‘(d) REGISTRATION AS MOTOR CARRIER RE- ‘‘(b) BROKER FINANCIAL SECURITY REQUIRE-
for which registration is required under this QUIRED.— MENTS.—
chapter, the registrant shall specify, in writing, ‘‘(1) IN GENERAL.—A freight forwarder may ‘‘(1) REQUIREMENTS.—
the authority under which the person is pro- not provide transportation as a motor carrier ‘‘(A) IN GENERAL.—The Secretary may register
viding such transportation or service.’’. unless the freight forwarder has registered sepa- a person as a broker under section 13904 only if
(b) AVAILABILITY OF INFORMATION.— rately under this chapter to provide transpor- the person files with the Secretary a surety
(1) IN GENERAL.—Chapter 139 is amended by bond, proof of trust fund, or other financial se-
tation as a motor carrier.’’.
adding at the end the following: (b) REGISTRATION OF BROKERS.—Section 13904, curity, or a combination thereof, in a form and
‘‘§ 13909. Availability of information as amended by section 32107(c) of this Act, is amount, and from a provider, determined by the
‘‘The Secretary shall make information relat- amended— Secretary to be adequate to ensure financial re-
ing to registration and financial security re- (1) in subsection (a), by striking ‘‘finds that sponsibility.
quired by this chapter publicly available on the the person is fit’’ and inserting the following: ‘‘(B) USE OF A GROUP SURETY BOND, TRUST
Internet, including–– ‘‘determines that the person–– FUND, OR OTHER SURETY.—In implementing the
standards established by subparagraph (A), the ‘‘(A) CIVIL ACTIONS.—Either the Secretary or ‘‘(ii) in the case of a denial, set forth in writ-
Secretary may authorize the use of a group sur- the Attorney General of the United States may ing for the claimant the grounds for the denial.
ety bond, trust fund, or other financial security, bring a civil action in an appropriate district ‘‘(C) COSTS AND ATTORNEY’S FEES.—In any ac-
or a combination thereof, that meets the require- court of the United States to enforce the require- tion against a surety provider to recover on a
ments of this subsection. ments of this subsection or a regulation pre- claim described in subparagraph (A), the pre-
‘‘(C) PROOF OF TRUST OR OTHER FINANCIAL SE- scribed or order issued under this subsection. vailing party shall be entitled to recover its rea-
CURITY.—For purposes of subparagraph (A), a The court may award appropriate relief, includ- sonable costs and attorney’s fees.
trust fund or other financial security may be ac- ing injunctive relief. ‘‘(3) FREIGHT FORWARDER INSURANCE.—
ceptable to the Secretary only if the trust fund ‘‘(B) CIVIL PENALTIES.—If the Secretary deter- ‘‘(A) IN GENERAL.—The Secretary may register
or other financial security consists of assets mines, after notice and opportunity for a hear- a person as a freight forwarder under section
readily available to pay claims without resort to ing, that a surety provider of a broker registered 13903 only if the person files with the Secretary
personal guarantees or collection of pledged ac- under this chapter has violated the requirements a surety bond, insurance policy, or other type of
counts receivable. of this subsection or a regulation prescribed financial security that meets standards pre-
‘‘(2) SCOPE OF FINANCIAL RESPONSIBILITY.— under this subsection, the surety provider shall scribed by the Secretary.
‘‘(A) PAYMENT OF CLAIMS.—A surety bond, be liable to the United States for a civil penalty ‘‘(B) LIABILITY INSURANCE.—A financial secu-
trust fund, or other financial security obtained in an amount not to exceed $10,000. rity filed by a freight forwarder under subpara-
under paragraph (1) shall be available to pay ‘‘(C) ELIGIBILITY.—If the Secretary deter- graph (A) shall be sufficient to pay an amount,
any claim against a broker arising from its fail- mines, after notice and opportunity for a hear- not to exceed the amount of the financial secu-
ure to pay freight charges under its contracts, ing, that a surety provider of a broker registered rity, for each final judgment against the freight
agreements, or arrangements for transportation under this chapter has violated the requirements forwarder for bodily injury to, or death of, an
subject to jurisdiction under chapter 135 if–– of this subsection or a regulation prescribed individual, or loss of, or damage to, property
‘‘(i) subject to the review by the surety pro- under this subsection, the surety provider shall (other than property referred to in subpara-
vider, the broker consents to the payment; be ineligible to provider broker financial secu- graph (C)), resulting from the negligent oper-
‘‘(ii) in any case in which the broker does not rity for 3 years. ation, maintenance, or use of motor vehicles by,
respond to adequate notice to address the valid- ‘‘(8) DEDUCTION OF COSTS PROHIBITED.—The or under the direction and control of, the freight
ity of the claim, the surety provider determines amount of the financial security required under forwarder while providing transfer, collection,
that the claim is valid; or this subsection may not be reduced by deducting or delivery service under this part.
‘‘(iii) the claim is not resolved within a rea- attorney’s fees or administrative costs. ‘‘(C) CARGO INSURANCE.—The Secretary may
sonable period of time following a reasonable at- ‘‘(c) FREIGHT FORWARDER FINANCIAL SECU- require a registered freight forwarder to file
tempt by the claimant to resolve the claim under RITY REQUIREMENTS.— with the Secretary a surety bond, insurance pol-
clauses (i) and (ii), and the claim is reduced to ‘‘(1) REQUIREMENTS.— icy, or other type of financial security approved
a judgment against the broker. ‘‘(A) IN GENERAL.—The Secretary may register by the Secretary, that will pay an amount, not
‘‘(B) RESPONSE OF SURETY PROVIDERS TO a person as a freight forwarder under section to exceed the amount of the financial security,
CLAIMS.—If a surety provider receives notice of 13903 only if the person files with the Secretary for loss of, or damage to, property for which the
a claim described in subparagraph (A), the sur- a surety bond, proof of trust fund, other finan- freight forwarder provides service.
ety provider shall–– cial security, or a combination of such instru- ‘‘(4) MINIMUM FINANCIAL SECURITY.—Each
‘‘(i) respond to the claim on or before the 30th ments, in a form and amount, and from a pro- freight forwarder subject to the requirements of
day following the date on which the notice was vider, determined by the Secretary to be ade- this section shall provide financial security of
received; and quate to ensure financial responsibility. $75,000, regardless of the number of branch of-
‘‘(ii) in the case of a denial, set forth in writ- ‘‘(B) USE OF A GROUP SURETY BOND, TRUST fices or sales agents of the freight forwarder.
ing for the claimant the grounds for the denial. FUND, OR OTHER FINANCIAL SECURITY.—In imple- ‘‘(5) CANCELLATION NOTICE.—If a financial se-
‘‘(C) COSTS AND ATTORNEY’S FEES.—In any ac- menting the standards established under sub- curity required under this subsection is can-
tion against a surety provider to recover on a paragraph (A), the Secretary may authorize the celed––
claim described in subparagraph (A), the pre- use of a group surety bond, trust fund, other fi- ‘‘(A) the holder of the financial security shall
vailing party shall be entitled to recover its rea- nancial security, or a combination of such in- provide electronic notification to the Secretary
sonable costs and attorney’s fees. struments, that meets the requirements of this of the cancellation not later than 30 days before
‘‘(3) MINIMUM FINANCIAL SECURITY.—Each subsection. the effective date of the cancellation; and
broker subject to the requirements of this section ‘‘(C) SURETY BONDS.—A surety bond obtained ‘‘(B) the Secretary shall immediately post
shall provide financial security of $75,000 for under this section may only be obtained from a such notification on the public Internet web site
purposes of this subsection, regardless of the bonding company that has been approved by the of the Department of Transportation.
number of branch offices or sales agents of the Secretary of the Treasury. ‘‘(6) SUSPENSION.—The Secretary shall imme-
broker. ‘‘(D) PROOF OF TRUST OR OTHER FINANCIAL SE- diately suspend the registration of a freight for-
‘‘(4) CANCELLATION NOTICE.—If a financial se- CURITY.—For purposes of subparagraph (A), a warder issued under this chapter if its available
curity required under this subsection is can- trust fund or other financial security may not financial security falls below the amount re-
celed–– be accepted by the Secretary unless the trust quired under this subsection.
‘‘(A) the holder of the financial security shall fund or other financial security consists of as- ‘‘(7) PAYMENT OF CLAIMS IN CASES OF FINAN-
provide electronic notification to the Secretary sets readily available to pay claims without re- CIAL FAILURE OR INSOLVENCY.—If a freight for-
of the cancellation not later than 30 days before sort to personal guarantees or collection of warder registered under this chapter experiences
the effective date of the cancellation; and pledged accounts receivable. financial failure or insolvency, the surety pro-
‘‘(B) the Secretary shall immediately post ‘‘(2) SCOPE OF FINANCIAL RESPONSIBILITY.— vider of the freight forwarder shall––
such notification on the public Internet Website ‘‘(A) PAYMENT OF CLAIMS.—A surety bond, ‘‘(A) submit a notice to cancel the financial
of the Department of Transportation. trust fund, or other financial security obtained security to the Administrator in accordance
‘‘(5) SUSPENSION.—The Secretary shall imme- under paragraph (1) shall be available to pay with paragraph (5);
diately suspend the registration of a broker any claim against a freight forwarder arising ‘‘(B) publicly advertise for claims for 60 days
issued under this chapter if the available finan- from its failure to pay freight charges under its beginning on the date of publication by the Sec-
cial security of that person falls below the contracts, agreements, or arrangements for retary of the notice to cancel the financial secu-
amount required under this subsection. transportation subject to jurisdiction under rity; and
‘‘(6) PAYMENT OF CLAIMS IN CASES OF FINAN- chapter 135 if–– ‘‘(C) pay, not later than 30 days after the ex-
CIAL FAILURE OR INSOLVENCY.—If a broker reg- ‘‘(i) subject to the review by the surety pro- piration of the 60-day period for submission of
istered under this chapter experiences financial vider, the freight forwarder consents to the pay- claims––
failure or insolvency, the surety provider of the ment; ‘‘(i) all uncontested claims received during
broker shall–– ‘‘(ii) in the case the freight forwarder does not such period; or
‘‘(A) submit a notice to cancel the financial respond to adequate notice to address the valid- ‘‘(ii) a pro rata share of such claims if the
security to the Administrator in accordance ity of the claim, the surety provider determines total amount of such claims exceeds the finan-
with paragraph (4); the claim is valid; or cial security available.
‘‘(B) publicly advertise for claims for 60 days ‘‘(iii) the claim— ‘‘(8) PENALTIES.—
beginning on the date of publication by the Sec- ‘‘(I) is not resolved within a reasonable period ‘‘(A) CIVIL ACTIONS.—Either the Secretary or
retary of the notice to cancel the financial secu- of time following a reasonable attempt by the the Attorney General may bring a civil action in
rity; and claimant to resolve the claim under clauses (i) an appropriate district court of the United
‘‘(C) pay, not later than 30 days after the ex- and (ii); and States to enforce the requirements of this sub-
piration of the 60-day period for submission of ‘‘(II) is reduced to a judgment against the section or a regulation prescribed or order issued
claims–– freight forwarder. under this subsection. The court may award ap-
‘‘(i) all uncontested claims received during ‘‘(B) RESPONSE OF SURETY PROVIDERS TO propriate relief, including injunctive relief.
such period; or CLAIMS.—If a surety provider receives notice of ‘‘(B) CIVIL PENALTIES.—If the Secretary deter-
‘‘(ii) a pro rata share of such claims if the a claim described in subparagraph (A), the sur- mines, after notice and opportunity for a hear-
total amount of such claims exceeds the finan- ety provider shall–– ing, that a surety provider of a freight for-
cial security available. ‘‘(i) respond to the claim on or before the 30th warder registered under this chapter has vio-
‘‘(7) PENALTIES.— day following receipt of the notice; and lated the requirements of this subsection or a
regulation prescribed under this subsection, the PART II—HOUSEHOLD GOODS (b) Section 31151(a) is amended—
surety provider shall be liable to the United TRANSPORTATION (1) by amending paragraph (1) to read as fol-
States for a civil penalty in an amount not to SEC. 32921. ADDITIONAL REGISTRATION RE- lows:
exceed $10,000. QUIREMENTS FOR HOUSEHOLD ‘‘(1) IN GENERAL.—The Secretary of Transpor-
‘‘(C) ELIGIBILITY.—If the Secretary deter- GOODS MOTOR CARRIERS. tation shall maintain a program to ensure that
mines, after notice and opportunity for a hear- (a) Section 13902(a)(2) is amended— intermodal equipment used to transport inter-
ing, that a surety provider of a freight for- (1) in subparagraph (B), by striking ‘‘section modal containers is safe and systematically
warder registered under this chapter has vio- 13702(c);’’ and inserting ‘‘section 13702(c); and’’; maintained.’’; and
lated the requirements of this subsection or a (2) by amending subparagraph (C) to read as (2) by striking paragraph (4).
regulation prescribed under this subsection, the follows: (c) Section 31307(b) is amended by striking
surety provider shall be ineligible to provide ‘‘(C) demonstrates, before being registered, ‘‘Not later than December 18, 1994, the Secretary
freight forwarder financial security for 3 years through successful completion of a proficiency shall prescribe’’ and inserting ‘‘The Secretary
‘‘(9) DEDUCTION OF COSTS PROHIBITED.—The examination established by the Secretary, shall maintain’’.
amount of the financial security required under knowledge and intent to comply with applicable (d) Section 31310(g)(1) is amended by striking
this subsection may not be reduced by deducting Federal laws relating to consumer protection, ‘‘Not later than 1 year after the date of enact-
attorney’s fees or administrative costs.’’. estimating, consumers’ rights and responsibil- ment of this Act, the’’ and inserting ‘‘The’’.
ities, and options for limitations of liability for SEC. 32932. CORRECTION OF INTERSTATE COM-
(b) RULEMAKING.—Not later than 1 year after MERCE COMMISSION REFERENCES.
loss and damage.’’; and
the date of enactment of this Act, the Secretary
(3) by striking subparagraph (D). (a) SAFETY INFORMATION AND INTERVENTION
shall issue regulations to implement and enforce
(b) COMPLIANCE REVIEWS OF NEW HOUSEHOLD IN INTERSTATE COMMERCE COMMISSION PRO-
the requirements under subsections (b) and (c)
GOODS MOTOR CARRIERS.—Section 31144(g), as CEEDINGS.—Chapter 3 is amended—
of section 13906 of title 49, United States Code,
amended by section 32102 of this Act, is amended (1) by repealing section 307;
as amended by subsection (a). (2) in the analysis, by striking the item relat-
by adding at the end the following:
(c) EFFECTIVE DATE.—The amendments made ‘‘(6) ADDITIONAL REQUIREMENTS FOR HOUSE- ing to section 307;
by subsection (a) shall take effect on the date HOLD GOODS MOTOR CARRIERS.—(A) In addition (3) in section 333(d)(1)(C), by striking ‘‘Inter-
that is 1 year after the date of enactment of this to the requirements of this subsection, the Sec- state Commerce Commission’’ and inserting
Act. retary shall require, by regulation, each reg- ‘‘Surface Transportation Board’’; and
SEC. 32919. UNLAWFUL BROKERAGE ACTIVITIES. istered household goods motor carrier to under- (4) in section 333(e)—
(a) IN GENERAL.—Chapter 149 is amended by go a consumer protection standards review not (A) by striking ‘‘Interstate Commerce Commis-
adding at the end the following: later than 18 months after the household goods sion’’ and inserting ‘‘Surface Transportation
motor carrier begins operations under such au- Board’’; and
‘‘SEC. 14916. UNLAWFUL BROKERAGE ACTIVITIES.
thority. (B) by striking ‘‘Commission’’ and inserting
‘‘(a) PROHIBITED ACTIVITIES.—A person may ‘‘(B) ELEMENTS.—In the regulations issued ‘‘Board’’.
provide interstate brokerage services as a broker pursuant to subparagraph (A), the Secretary (b) FILING AND PROCEDURE FOR APPLICATION
only if that person–– shall establish the elements of the consumer pro- TO ABANDON OR DISCONTINUE.—Section
‘‘(1) is registered under, and in compliance tections standards review, including basic man- 10903(b)(2) is amended by striking ‘‘24706(c) of
with, section 13904; and agement controls. In establishing the elements, this title’’ and inserting ‘‘24706(c) of this title
‘‘(2) has satisfied the financial security re- the Secretary shall consider the effects on small before May 31, 1998’’.
quirements under section 13906. businesses and shall consider establishing alter- (c) TECHNICAL AMENDMENTS TO PART C OF
‘‘(b) EXCEPTIONS.—Subsection (a) shall not nate locations where such reviews may be con- SUBTITLE V.—
apply to— ducted for the convenience of small busi- (1) Section 24307(b)(3) is amended by striking
‘‘(1) a non-vessel-operating common carrier nesses.’’. ‘‘Interstate Commerce Commission’’ and insert-
(as defined in section 40102 of title 46) or an (c) EFFECTIVE DATE.—The amendments made ing ‘‘Surface Transportation Board’’.
ocean freight forwarder (as defined in section by this section shall take effect 2 years after the (2) Section 24311 is amended—
40102 of title 46) when arranging for inland date of enactment of this Act. (A) by striking ‘‘Interstate Commerce Commis-
transportation as part of an international SEC. 32922. FAILURE TO GIVE UP POSSESSION OF sion’’ and inserting ‘‘Surface Transportation
through movement involving ocean transpor- HOUSEHOLD GOODS. Board’’;
tation between the United States and a foreign (a) INJUNCTIVE RELIEF.—Section 14704(a)(1) is (B) by striking ‘‘Commission’’ each place it
port; amended by striking ‘‘and 14103’’ and inserting appears and inserting ‘‘Board’’; and
‘‘, 14103, and 14915(c)’’. (C) by striking ‘‘Commission’s’’ and inserting
‘‘(2) a customs broker licensed in accordance
(b) CIVIL PENALTIES.—Section 14915(a)(1) is ‘‘Board’s’’.
with section 111.2 of title 19, Code of Federal (3) Section 24902 is amended—
Regulations, only to the extent that the customs amended by adding at the end the following:
‘‘The United States may assign all or a por- (A) by striking ‘‘Interstate Commerce Commis-
broker is engaging in a movement under a cus- sion’’ each place it appears and inserting ‘‘Sur-
toms bond or in a transaction involving customs tion of the civil penalty to an aggrieved shipper.
The Secretary of Transportation shall establish face Transportation Board’’; and
business, as defined by section 111.1 of title 19, (B) by striking ‘‘Commission’’ each place it
Code of Federal Regulations; or criteria upon which such assignments shall be
made. The Secretary may order, after notice and appears and inserting ‘‘Board’’.
‘‘(3) an indirect air carrier holding a Standard (4) Section 24904 is amended—
Security Program approved by the Transpor- an opportunity for a proceeding, that a person
found holding a household goods shipment hos- (A) by striking ‘‘Interstate Commerce Commis-
tation Security Administration, only to the ex- sion’’ and inserting ‘‘Surface Transportation
tent that the indirect air carrier is engaging in tage return the goods to an aggrieved shipper.’’.
Board’’; and
the activities as an air carrier as defined in sec- SEC. 32923. SETTLEMENT AUTHORITY.
(B) by striking ‘‘Commission’’ each place it
tion 40102(2) or in the activities defined in sec- (a) SETTLEMENT OF GENERAL CIVIL PEN- appears and inserting ‘‘Board’’.
tion 40102(3). ALTIES.—Section 14901 is amended by adding at
SEC. 32933. TECHNICAL AND CONFORMING
‘‘(c) CIVIL PENALTIES AND PRIVATE CAUSE OF the end the following: AMENDMENTS.
ACTION.—Any person who knowingly author- ‘‘(h) SETTLEMENT OF HOUSEHOLD GOODS CIVIL
(a) Section 13905(f)(1)(A) is amended by strik-
izes, consents to, or permits, directly or indi- PENALTIES.—Nothing in this section shall be
ing ‘‘section 13904(c)’’ and inserting ‘‘section
rectly, either alone or in conjunction with any construed to prohibit the Secretary from accept-
13904(e)’’;
other person, a violation of subsection (a) is lia- ing partial payment of a civil penalty as part of
(b) Section 14504a(c)(1) is amended—
ble— a settlement agreement in the public interest, or
(1) in subparagraph (C), by striking ‘‘sec-
from holding imposition of any part of a civil
‘‘(1) to the United States Government for a tions’’ and inserting ‘‘section’’; and
penalty in abeyance.’’.
civil penalty in an amount not to exceed $10,000 (2) in subparagraph (D)(ii)(II) by striking the
(b) SETTLEMENT OF HOUSEHOLD GOODS CIVIL
for each violation; and period at the end and inserting ‘‘; and’’.
PENALTIES.—Section 14915(a) is amended by
‘‘(2) to the injured party for all valid claims (c) Section 31103(a) is amended by striking
adding at the end the following:
incurred without regard to amount. ‘‘section 31102(b)(1)(E)’’ and inserting ‘‘section
‘‘(4) SETTLEMENT AUTHORITY.—Nothing in this
‘‘(d) LIABLE PARTIES.—The liability for civil 31102(b)(2)(E)’’.
section shall be construed as prohibiting the
penalties and for claims under this section for (d) Section 31103(b) is amended by striking
Secretary from accepting partial payment of a
unauthorized brokering shall apply, jointly and ‘‘authorized by section 31104(f)(2)’’.

civil penalty as part of a settlement agreement
severally— (e) Section 31309(b)(2) is amended by striking
in the public interest, or from holding imposition
‘‘31308(2)’’ and inserting ‘‘31308(3)’’.
‘‘(1) to any corporate entity or partnership in- of any part of a civil penalty in abeyance.’’.
volved; and SEC. 32934. EXEMPTIONS FROM REQUIREMENTS
PART III—TECHNICAL AMENDMENTS FOR COVERED FARM VEHICLES.
‘‘(2) to the individual officers, directors, and SEC. 32931. UPDATE OF OBSOLETE TEXT. (a) FEDERAL REQUIREMENTS.—A covered farm
principals of such entities.’’.
(a) Section 31137(g), as redesignated by section vehicle, including the individual operating that
(b) CLERICAL AMENDMENT.—The analysis for 32301 of this Act, is amended by striking ‘‘Not vehicle, shall be exempt from the following:
chapter 149 is amended by adding at the end the later than December 1, 1990, the Secretary shall (1) Any requirement relating to commercial
following: prescribe’’ and inserting ‘‘The Secretary shall driver’s licenses established under chapter 313 of
‘‘14916. Unlawful brokerage activities.’’. maintain’’. title 49, United States Code.
(2) Any requirement relating to drug-testing (E) the number of fatalities of occupants and organization ensures that emergency responders
established under chapter 313 of title 49, United non-occupants killed in crashes involving farm who receive training under the grant will have
States Code. vehicles; the ability to protect nearby persons, property,
(3) Any requirement relating to medical cer- (F) crash investigations and accident recon- and the environment from the effects of acci-
tificates established under— struction investigations of all fatalities in crash- dents or incidents involving the transportation
(A) subchapter III of chapter 311 of title 49, es involving covered farm vehicles; of hazardous material in accordance with exist-
United States Code; or (G) overall operating mileage of covered farm ing regulations or National Fire Protection As-
(B) chapter 313 of title 49, United States Code. vehicles; sociation standards for competence of respond-
(4) Any requirement relating to hours of serv- (H) numbers of covered farm vehicles that op- ers to accidents and incidents involving haz-
ice established under— erate in neighboring States; and ardous materials.
(A) subchapter III of chapter 311 of title 49, (I) any other data the Secretary deems nec- ‘‘(6) Notwithstanding paragraphs (1) and (3),
United States Code; or essary to analyze and include. to the extent determined appropriate by the Sec-
(B) chapter 315 of title 49, United States Code. (2) A listing of State regulations issued and retary, a grant awarded by the Secretary to an
(5) Any requirement relating to vehicle inspec- maintained in each State that are identical to organization under this subsection to conduct
tion, repair, and maintenance established the Federal regulations that are subject to ex- hazardous material response training programs
under— emption in subsection (a). may be used to train individuals with responsi-
(A) subchapter III of chapter 311 of title 49, (3) The Secretary shall report the findings of bility to respond to accidents and incidents in-
United States Code; or the study to the appropriate committees of Con- volving hazardous material.
(B) chapter 315 of title 49, United States Code. ‘‘(7) For the purposes of this subsection, the
gress not later than 18 months after the date of
(b) STATE REQUIREMENTS.— term ‘portable training’ means live, instructor-
(1) IN GENERAL.—Federal transportation fund- enactment of this Act.
(e) CONSTRUCTION.—Nothing in this section led training provided by certified fire service in-
ing to a State may not be terminated, limited, or
shall be construed as authority for the Secretary structors that can be offered in any suitable set-
otherwise interfered with as a result of the State
of Transportation to prescribe regulations. ting, rather than specific designated facilities.
exempting a covered farm vehicle, including the
TITLE III—HAZARDOUS MATERIALS Under this training delivery model, instructors
individual operating that vehicle, from any
TRANSPORTATION SAFETY IMPROVE- travel to locations convenient to students and
State requirement relating to the operation of
MENT ACT OF 2012 utilize local facilities and resources.’’; and
that vehicle. (3) in subsection (k)—
(2) EXCEPTION.—Paragraph (1) does not apply SEC. 33001. SHORT TITLE. (A) by striking ‘‘annually’’ and inserting ‘‘an
with respect to a covered farm vehicle trans- This title may be cited as the ‘‘Hazardous Ma- annual report’’;
porting hazardous materials that require a terials Transportation Safety Improvement Act (B) by inserting ‘‘the report’’ after ‘‘make
placard. of 2012’’. available’’;
(c) COVERED FARM VEHICLE DEFINED.— SEC. 33002. DEFINITION. (C) by striking ‘‘information’’ and inserting ‘‘.
(1) IN GENERAL.—In this section, the term The report submitted under this subsection shall
In this title, the term ‘‘Secretary’’ means the
‘‘covered farm vehicle’’ means a motor vehicle include information’’; and
Secretary of Transportation.
(including an articulated motor vehicle)— (D) by striking ‘‘The report shall identify’’
(A) that— SEC. 33003. REFERENCES TO TITLE 49, UNITED
STATES CODE. and all that follows and inserting the following:
(i) is traveling in the State in which the vehi- ‘‘The report submitted under this subsection
cle is registered or another State; Except as otherwise expressly provided, when-
ever in this title an amendment or repeal is ex- shall identify the ultimate recipients of such
(ii) is operated by— grants and include—
(I) a farm owner or operator; pressed in terms of an amendment to, or repeal
‘‘(A) a detailed accounting and description of
(II) a ranch owner or operator; or of, a section or other provision, the reference
each grant expenditure by each grant recipient,
(III) an employee or family member of an indi- shall be considered to be made to a section or
including the amount of, and purpose for, each
vidual specified in subclause (I) or (II); other provision of title 49, United States Code.
(iii) is transporting to or from a farm or expenditure;
SEC. 33004. TRAINING FOR EMERGENCY RE- ‘‘(B) the number of persons trained under the
ranch— SPONDERS.
(I) agricultural commodities; grant program, by training level;
(a) TRAINING CURRICULUM.—Section 5115 is ‘‘(C) an evaluation of the efficacy of such
(II) livestock; or amended—
(III) machinery or supplies; planning and training programs; and
(1) in subsection (b)(1)(B), by striking ‘‘basic’’; ‘‘(D) any recommendations the Secretary may
(iv) except as provided in paragraph (2), is not (2) in subsection (b)(2), by striking ‘‘basic’’;
used in the operations of a for-hire motor car- have for improving such grant programs.’’.
and SEC. 33005. PAPERLESS HAZARD COMMUNICA-
rier; and (3) in subsection (c), by striking ‘‘basic’’. TIONS PILOT PROGRAM.
(v) is equipped with a special license plate or
(b) OPERATIONS LEVEL TRAINING.—Section (a) IN GENERAL.—The Secretary may conduct
other designation by the State in which the ve-
5116 is amended— pilot projects to evaluate the feasibility and ef-
hicle is registered to allow for identification of (1) in subsection (b)(1), by adding at the end
the vehicle as a farm vehicle by law enforcement fectiveness of using paperless hazard commu-
the following: ‘‘To the extent that a grant is nications systems. At least 1 of the pilot projects
personnel; and used to train emergency responders, the State or
(B) that has a gross vehicle weight rating or under this section shall take place in a rural
Indian tribe shall provide written certification area.
gross vehicle weight, whichever is greater, that
to the Secretary that the emergency responders (b) REQUIREMENTS.—In conducting pilot
is—
who receive training under the grant will have projects under this section, the Secretary—
(i) 26,001 pounds or less; or
(ii) greater than 26,001 pounds and traveling the ability to protect nearby persons, property, (1) may not waive the requirements under sec-
within the State or within 150 air miles of the and the environment from the effects of acci- tion 5110 of title 49, United States Code; and
dents or incidents involving the transportation (2) shall consult with organizations rep-
farm or ranch with respect to which the vehicle
of hazardous material in accordance with exist- resenting—
is being operated. (A) fire services personnel;
(2) INCLUSION.—In this section, the term ‘‘cov- ing regulations or National Fire Protection As-
sociation standards for competence of respond- (B) law enforcement and other appropriate
ered farm vehicle’’ includes a motor vehicle that enforcement personnel;
meets the requirements of paragraph (1) (other ers to accidents and incidents involving haz-
ardous materials.’’; (C) other emergency response providers;
than paragraph (1)(A)(iv)) and— (D) persons who offer hazardous material for
(A) is operated pursuant to a crop share farm (2) in subsection (j)—
transportation;
lease agreement; (A) in paragraph (1), by striking ‘‘funds’’ and (E) persons who transport hazardous material
(B) is owned by a tenant with respect to that all that follows through ‘‘fighting fires for’’ and by air, highway, rail, and water; and
agreement; and inserting ‘‘funds and through a competitive (F) employees of persons who transport or
(C) is transporting the landlord’s portion of process, make a grant or make grants to na- offer for transportation hazardous material by
the crops under that agreement. tional nonprofit fire service organizations for’’; air, highway, rail, and water.
(d) SAFETY STUDY.—The Secretary of Trans- (B) in paragraph (3)(A), by striking ‘‘train’’ (c) REPORT.—Not later than 2 years after the
portation shall conduct a study of the exemp- and inserting ‘‘provide training, including port- date of enactment of this Act, the Secretary
tion required by subsection (a) as follows: able training, for’’; shall—
(1) Data and analysis of covered farm vehicles (C) in paragraph (4)— (1) prepare a report on the results of the pilot
shall include— (i) by striking ‘‘train’’ and inserting ‘‘provide projects carried out under this section, includ-
(A) the number of vehicles that are operated training, including portable training, for’’; and ing—
subject to each of the regulatory exemptions per- (ii) by inserting ‘‘comply with Federal regula- (A) a detailed description of the pilot projects;
mitted under subsection (a); tions and national consensus standards for haz- (B) an evaluation of each pilot project, in-
(B) the number of drivers that operate covered ardous materials response and’’ after ‘‘training cluding an evaluation of the performance of
farm vehicles subject to each of the regulatory course shall’’; each paperless hazard communications system
exemptions permitted under subsection (a); (D) by redesignating paragraph (5) as para- in such project;
(C) the number of crashes involving covered graph (8); and (C) an assessment of the safety and security
farm vehicles; (E) by inserting after paragraph (4) the fol- impact of using paperless hazard communica-
(D) the number of occupants and non-occu- lowing: tions systems, including any impact on the pub-
pants injured in crashes involving covered farm ‘‘(5) The Secretary may not award a grant to lic, emergency response, law enforcement, and
vehicles; an organization under this subsection unless the the conduct of inspections and investigations;
(D) an analysis of the associated benefits and SEC. 33007. HAZARDOUS MATERIAL TECHNICAL ‘‘(G) shall provide to the affected offeror, car-
costs of using the paperless hazard communica- ASSESSMENT, RESEARCH AND DE- rier, packaging manufacturer or tester, or other
VELOPMENT, AND ANALYSIS PRO-
tions systems for each mode of transportation; person responsible for the package reasonable
GRAM.
and notice of—
(a) IN GENERAL.—Chapter 51 is amended by ‘‘(i) his or her decision to exercise his or her
(E) a recommendation that incorporates the
inserting after section 5117 the following: authority under paragraph (1);
information gathered in subparagraphs (A), (B),
(C), and (D) on whether paperless hazard com- ‘‘§ 5118. Hazardous material technical assess- ‘‘(ii) any findings made; and
munications systems should be permanently in- ment, research and development, and anal- ‘‘(iii) any actions being taken as a result of a
corporated into the Federal hazardous material ysis program finding of noncompliance.’’.
transportation safety program under chapter 51 ‘‘(a) RISK REDUCTION.— (b) REGULATIONS.—
of title 49, United States Code; and ‘‘(1) PROGRAM AUTHORIZED.—The Secretary of (1) MATTERS TO BE ADDRESSED.—Section
(2) submit a final report to the Committee on Transportation may develop and implement a 5121(e) is amended by adding at the end the fol-
Commerce, Science, and Transportation of the hazardous material technical assessment, re- lowing:
Senate and the Committee on Transportation search and development, and analysis program ‘‘(3) MATTERS TO BE ADDRESSED.—The regula-
and Infrastructure of the House of Representa- for the purpose of— tions issued under this subsection shall ad-
tives that contains the results of the pilot ‘‘(A) reducing the risks associated with the dress—
projects carried out under this section, includ- transportation of hazardous material; and ‘‘(A) the safe and expeditious resumption of
ing the matters described in paragraph (1). ‘‘(B) identifying and evaluating new tech- transportation of perishable hazardous mate-
nologies to facilitate the safe, secure, and effi- rial, including radiopharmaceuticals and other
(d) PAPERLESS HAZARD COMMUNICATIONS SYS-
cient transportation of hazardous material. medical products, that may require timely deliv-
TEM DEFINED.—In this section, the term
‘‘(2) COORDINATION.—In developing the pro- ery due to life-threatening situations;
‘‘paperless hazard communications system’’
gram under paragraph (1), the Secretary shall— ‘‘(B) the means by which—
means the use of advanced communications
‘‘(A) utilize information gathered from other ‘‘(i) noncompliant packages that present an
methods, such as wireless communications de-
modal administrations with similar programs; imminent hazard are placed out-of-service until
vices, to convey hazard information between all
and the condition is corrected; and
parties in the transportation chain, including ‘‘(ii) noncompliant packages that do not
emergency responders and law enforcement per- ‘‘(B) coordinate with other modal administra-
tions, as appropriate. present a hazard are moved to their final des-
sonnel. The format of communication may be tination;
equivalent to that used by the carrier. ‘‘(b) COOPERATION.—In carrying out sub-
section (a), the Secretary shall work coopera- ‘‘(C) appropriate training and equipment for
SEC. 33006. IMPROVING DATA COLLECTION, ANAL- inspectors; and
YSIS, AND REPORTING.
tively with regulated and other entities, includ-
ing shippers, carriers, emergency responders, ‘‘(D) the proper closure of packaging in ac-
(a) ASSESSMENT.— State and local officials, and academic institu- cordance with the hazardous material regula-
(1) IN GENERAL.—Not later than 6 months tions.’’. tions.’’.
after the date of enactment of this Act, the Sec- (b) CONFORMING AMENDMENT.—The chapter (2) FINALIZING REGULATIONS.—In accordance
retary, in consultation with the Commandant of analysis for chapter 51 is amended by inserting with section 5103(b)(2) of title 49, United States
the United States Coast Guard, as appropriate, after the item relating to section 5117 the fol- Code, not later than 1 year after the date of en-
shall conduct an assessment to improve the col- lowing: actment of this Act, the Secretary shall take all
lection, analysis, reporting, and use of data reactions necessary to finalize a regulation under
‘‘5118. Hazardous material technical assessment, paragraph (1) of this subsection.
lated to accidents and incidents involving the
research and development, and (c) GRANTS AND COOPERATIVE AGREEMENTS.—
transportation of hazardous material.
analysis program.’’. Section 5121(g)(1) is amended by inserting ‘‘safe-
(2) REVIEW.—The assessment conducted under
SEC. 33008. HAZARDOUS MATERIAL ENFORCE- ty and’’ before ‘‘security’’.
this subsection shall review the methods used by MENT TRAINING.
the Pipeline and Hazardous Materials Safety SEC. 33010. CIVIL PENALTIES.
(a) IN GENERAL.—Not later than 18 months
Administration (referred to in this section as the Section 5123 is amended—
after the date of enactment of this Act, the Sec- (1) in subsection (a)—
‘‘Administration’’) for collecting, analyzing,
retary shall develop uniform performance stand- (A) in paragraph (1)—
and reporting accidents and incidents involving
ards for training hazardous material inspectors (i) by striking ‘‘at least $250 but’’; and
the transportation of hazardous material, in-
and investigators on— (ii) by striking ‘‘$50,000’’ and inserting
cluding the adequacy of—
(1) how to collect, analyze, and publish find- ‘‘$75,000’’;
(A) information requested on the accident and
ings from inspections and investigations of acci- (B) in paragraph (2), by striking ‘‘$100,000’’
incident reporting forms required to be sub-
dents or incidents involving the transportation and inserting ‘‘$175,000’’; and
mitted to the Administration;
of hazardous material; and (C) by amending paragraph (3) to read as fol-
(B) methods used by the Administration to (2) how to identify noncompliance with regu-
verify that the information provided on such lows:
lations issued under chapter 51 of title 49, ‘‘(3) If the violation is related to training, a
forms is accurate and complete; United States Code, and take appropriate en-
(C) accident and incident reporting require- person described in paragraph (1) shall be liable
forcement action. for a civil penalty of at least $450.’’; and
ments, including whether such requirements (b) STANDARDS AND GUIDELINES.—The Sec- (2) by adding at the end the following:
should be expanded to include shippers and retary may develop— ‘‘(h) PENALTY FOR OBSTRUCTION OF INSPEC-
consignees of hazardous materials; (1) guidelines for hazardous material inspector TIONS AND INVESTIGATIONS.—
(D) resources of the Administration related to and investigator qualifications; ‘‘(1) The Secretary may impose a penalty on a
data collection, analysis, and reporting, includ- (2) best practices and standards for hazardous person who obstructs or prevents the Secretary
ing staff and information technology; and material inspector and investigator training pro- from carrying out inspections or investigations
(E) the database used by the Administration grams; and under subsection (c) or (i) of section 5121.
for recording and reporting such accidents and (3) standard protocols to coordinate investiga- ‘‘(2) For the purposes of this subsection, the
incidents, including the ability of users to ade- tion efforts among Federal, State, and local ju- term ‘obstructs’ means actions that were known,
quately search the database and find informa- risdictions on accidents or incidents involving or reasonably should have been known, to pre-
tion. the transportation of hazardous material. vent, hinder, or impede an investigation.
(b) DEVELOPMENT OF ACTION PLAN.—Not later (c) AVAILABILITY.—The standards, protocols, ‘‘(i) PROHIBITION ON HAZARDOUS MATERIAL
than 9 months after the date of enactment of and guidelines established under this section— OPERATIONS AFTER NONPAYMENT OF PEN-
this Act, the Secretary shall develop an action (1) shall be mandatory for— ALTIES.—
plan and timeline for improving the collection, (A) the Department of Transportation’s ‘‘(1) IN GENERAL.—Except as provided under
analysis, reporting, and use of data by the Ad- multimodal personnel conducting hazardous paragraph (2), a person subject to the jurisdic-
ministration, including revising the database of material enforcement inspections or investigation of the Secretary under this chapter who
the Administration, as appropriate. tions; and fails to pay a civil penalty assessed under this
(c) SUBMISSION TO CONGRESS.—Not later than (B) State employees who conduct federally chapter, or fails to arrange and abide by an ac-
15 days after the completion of the action plan funded compliance reviews, inspections, or in- ceptable payment plan for such civil penalty,
and timeline under subsection (c), the Secretary vestigations; and may not conduct any activity regulated under
shall submit the action plan and timeline to the (2) shall be made available to Federal, State, this chapter beginning on the 91st day after the
Committee on Commerce, Science, and Transpor- and local hazardous material safety enforce- date specified by order of the Secretary for pay-
tation of the Senate and the Committee on ment personnel. ment of such penalty unless the person has filed
Transportation and Infrastructure of the House SEC. 33009. INSPECTIONS. a formal administrative or judicial appeal of the
of Representatives. (a) NOTICE OF ENFORCEMENT MEASURES.—Sec- penalty.
(d) REPORTING REQUIREMENTS.—Section tion 5121(c)(1) is amended— ‘‘(2) EXCEPTION.—Paragraph (1) shall not
5125(b)(1)(D) is amended by inserting ‘‘and (1) in subparagraph (E), by striking ‘‘and’’ at apply to any person who is unable to pay a civil
other written hazardous materials transpor- the end; penalty because such person is a debtor in a
tation incident reporting involving State or local (2) in subparagraph (F), by striking the period case under chapter 11 of title 11.
emergency responders in the initial response to at the end and inserting ‘‘; and’’; and ‘‘(3) RULEMAKING.—Not later than 2 years
the incident’’ before the period at the end. (3) by adding at the end the following: after the date of enactment of this subsection,
the Secretary, after providing notice and an op- propriate for incorporation into the regula- (2) accurately quantify the number of inci-
portunity for public comment, shall issue regu- tions.’’. dents involving the transportation of flammable
lations that— SEC. 33013. HIGHWAY ROUTING DISCLOSURES. liquids in external product piping of cargo tank
‘‘(A) set forth procedures to require a person (a) LIST OF ROUTE DESIGNATIONS.—Section motor vehicles;
who is delinquent in paying civil penalties to 5112(c) is amended— (3) identify various alternatives to loading,
cease any activity regulated under this chapter (1) by striking ‘‘In coordination’’ and insert- transporting, and unloading flammable liquids
until payment has been made or an acceptable ing the following: in such piping;
payment plan has been arranged; and ‘‘(1) IN GENERAL.—In coordination’’; and (4) examine the costs and benefits of each al-
‘‘(B) ensures that the person described in sub- (2) by adding at the end the following: ternative; and
paragraph (A)— ‘‘(2) STATE RESPONSIBILITIES.— (5) identify any obstacles to implementing
‘‘(i) is notified in writing; and ‘‘(A) IN GENERAL.—Each State shall submit to each alternative.
‘‘(ii) is given an opportunity to respond before the Secretary, in a form and manner to be deter- (b) REGULATIONS.—The Secretary may not
the person is required to cease the activity.’’. mined by the Secretary and in accordance with issue a final rule regarding transporting flam-
SEC. 33011. REPORTING OF FEES. subparagraph (B)— mable liquids in the external product piping of
Section 5125(f)(2) is amended by striking ‘‘, ‘‘(i) the name of the State agency responsible cargo tank motor vehicles prior to completion of
upon the Secretary’s request,’’ and inserting for hazardous material highway route designa- the evaluation conducted under subsection (a),
‘‘biennially’’. tions; and or 2 years after the date of enactment of this
‘‘(ii) a list of the State’s currently effective Act, whichever is earlier, unless the Secretary
SEC. 33012. SPECIAL PERMITS, APPROVALS, AND
EXCLUSIONS. hazardous material highway route designations. determines that a risk to public safety, property,
‘‘(B) FREQUENCY.—Each State shall submit or the environment is present or an imminent
(a) RULEMAKING.—Not later than 2 years after
the information described in subparagraph hazard (as defined in section 5102 of title 49,
the date of enactment of this Act, the Secretary,
(A)(ii)— United States Code) exists and that the regula-
after providing notice and an opportunity for
‘‘(i) at least once every 2 years; and tions will address the risk or hazard.
public comment, shall issue regulations that es-
‘‘(ii) not later than 60 days after a hazardous SEC. 33016. HAZMAT EMPLOYEE TRAINING RE-
tablish—
material highway route designation is estab- QUIREMENTS AND GRANTS.
(1) standard operating procedures to support
administration of the special permit and ap- lished, amended, or discontinued.’’. Section 5107(e)(2) is amended—
(b) COMPLIANCE WITH SECTION 5112.—Section (1) by inserting ‘‘through a competitive proc-
proval programs; and
5125(c)(1) is amended by inserting ‘‘, and is pub- ess’’ between ‘‘made’’ and ‘‘to’’; and
(2) objective criteria to support the evaluation
lished in the Department’s hazardous materials (2) by striking ‘‘hazmat employee’’.
of special permit and approval applications.
route registry under section 5112(c)’’ before the SEC. 33017. AUTHORIZATION OF APPROPRIA-
(b) REVIEW OF SPECIAL PERMITS.— TIONS.
(1) REVIEW.—Not later than 1 year after the period at the end.
SEC. 33014. MOTOR CARRIER SAFETY PERMITS. Section 5128 is amended to read as follows:
date of enactment of this Act, the Secretary
shall conduct a review and analysis of special (a) REVIEW.—Not later than 1 year after the ‘‘§ 5128. Authorization of appropriations
permits that have been in continuous effect for date of enactment of this Act, the Secretary ‘‘(a) IN GENERAL.—There are authorized to be
a 10-year period to determine which special per- shall conduct a study of, and transmit to the appropriated to the Secretary to carry out this
mits may be converted into the hazardous mate- Committee on Commerce, Science, and Transpor- chapter (except sections 5107(e), 5108(g)(2), 5113,
rials regulations. tation of the Senate and the Committee on 5115, 5116, and 5119)—
(2) FACTORS.—In conducting the review and Transportation and Infrastructure of the House ‘‘(1) $42,338,000 for fiscal year 2013; and
analysis under paragraph (1), the Secretary of Representatives a report on, the implementa- ‘‘(2) $42,762,000 for fiscal year 2014.
may consider— tion of the hazardous material safety permit ‘‘(b) HAZARDOUS MATERIALS EMERGENCY PRE-
(A) the safety record for hazardous materials program under section 5109 of title 49, United PAREDNESS FUND.—From the Hazardous Mate-
transported under the special permit; States Code. In conducting the study, the Sec- rials Emergency Preparedness Fund established
(B) the application of a special permit; retary shall review, at a minimum— under section 5116(i), the Secretary may expend,
(C) the suitability of provisions in the special (1) the list of hazardous materials requiring a during each of fiscal years 2013 and 2014—
permit for incorporation into the hazardous ma- safety permit; ‘‘(1) $188,000 to carry out section 5115;
terials regulations; and (2) the number of permits that have been ‘‘(2) $21,800,000 to carry out subsections (a)
(D) rulemaking activity in related areas. issued, denied, revoked, or suspended since in- and (b) of section 5116, of which not less than
(3) RULEMAKING.—After completing the review ception of the program and the number of com- $13,650,000 shall be available to carry out sec-
and analysis under paragraph (1), but not later mercial motor carriers that have never had a tion 5116(b);
than 3 years after the date of enactment of this permit denied, revoked, or suspended since in- ‘‘(3) $150,000 to carry out section 5116(f);
Act, and after providing notice and opportunity ception of the program; ‘‘(4) $625,000 to publish and distribute the
for public comment, the Secretary shall issue (3) the reasons for such denials, revocations, Emergency Response Guidebook under section
regulations to incorporate into the hazardous or suspensions; 5116(i)(3); and
materials regulations any special permits identi- (4) the criteria used by the Federal Motor Car- ‘‘(5) $1,000,000 to carry out section 5116(j).
fied in the review under paragraph (1) that the rier Safety Administration to determine whether ‘‘(c) HAZARDOUS MATERIALS TRAINING
Secretary determines are appropriate for incor- a hazardous material safety permit issued by a GRANTS.—From the Hazardous Materials Emer-
poration, based on the factors identified in State is equivalent to the Federal permit; and gency Preparedness Fund established pursuant
paragraph (2). (5) actions the Secretary could implement to to section 5116(i), the Secretary may expend
(c) INCORPORATION INTO REGULATION.—Sec- improve the program, including whether to pro- $4,000,000 for each of the fiscal years 2013 and
tion 5117 is amended by adding at the end the vide opportunities for an additional level of fit- 2014 to carry out section 5107(e).
ness review prior to the denial, revocation, or ‘‘(d) CREDITS TO APPROPRIATIONS.—
following:
suspension of a safety permit. ‘‘(1) EXPENSES.—In addition to amounts oth-
‘‘(f) INCORPORATION INTO REGULATIONS.—
(b) ACTIONS TAKEN.—Not later than 2 years erwise made available to carry out this chapter,
‘‘(1) IN GENERAL.—Not later than 1 year after
after the date of enactment of this Act, based on the Secretary may credit amounts received from
the date on which a special permit has been in
the study conducted under subsection (a), the a State, Indian tribe, or other public authority
continuous effect for a 10-year period, the Sec-
Secretary shall either institute a rulemaking to or private entity for expenses the Secretary in-
retary shall conduct a review and analysis of
make any necessary improvements to the haz- curs in providing training to the State, author-
that special permit to determine whether it may
ardous materials safety permit program under ity, or entity.
be converted into the hazardous materials regu-
section 5109 of title 49, United States Code or ‘‘(2) AVAILABILITY OF AMOUNTS.—Amounts
lations.
publish in the Federal Register the Secretary’s made available under this section shall remain
‘‘(2) FACTORS.—In conducting the review and
justification for why a rulemaking is not nec- available until expended.’’.
analysis under paragraph (1), the Secretary
may consider— essary. TITLE IV—SPORT FISH RESTORATION AND
‘‘(A) the safety record for hazardous materials SEC. 33015. WETLINES. RECREATIONAL BOATING SAFETY ACT
transported under the special permit; (a) EVALUATION.—Not later than 1 year after OF 2012
‘‘(B) the application of a special permit; the date of enactment of this Act, the United SEC. 34001. SHORT TITLE.
‘‘(C) the suitability of provisions in the special States Government Accountability Office shall This title may be cited as the ‘‘Sport Fish Res-
permit for incorporation into the hazardous ma- evaluate, and transmit to the Committee on toration and Recreational Boating Safety Act of
terials regulations; and Commerce, Science, and Transportation of the 2012’’.
‘‘(D) rulemaking activity in related areas. Senate and the Committee on Transportation SEC. 34002. AMENDMENT OF FEDERAL AID IN
‘‘(3) RULEMAKING.—After completing the re- and Infrastructure of the House of Representa- SPORT FISH RESTORATION ACT.
view and analysis under paragraph (1) and tives, a report on the safety of transporting Section 4 of the Federal Aid in Fish Restora-
after providing notice and opportunity for pub- flammable liquids in the external product piping tion Act (16 U.S.C. 777c) is amended—
lic comment, the Secretary shall either institute of cargo tank motor vehicles (commonly referred (1) in subsection (a), by striking ‘‘of fiscal
a rulemaking to incorporate the special permit to as wetlines). The evaluation shall— years 2006 through 2011 and for the period be-
into the hazardous materials regulations or pub- (1) review the safety of transporting flam- ginning on October 1, 2011, and ending on June
lish in the Federal Register the Secretary’s jus- mable liquids in the external product piping of 30, 2012,’’ and inserting ‘‘fiscal year through
tification for why the special permit is not ap- cargo tank motor vehicles; 2014,’’; and
(2) in subsection (b)(1)(A), by striking ‘‘of fis- such operators on a net basis consistent with (C) Section 4071(d).
cal years 2006 through 2011 and for the period section 804(c) of the National Park Air Tours (D) Section 4081(d)(3).
beginning on October 1, 2011, and ending on Management Act of 2000 (title VIII of Public (b) EXTENSION OF TAX, ETC., ON USE OF CER-
March 31, 2012,’’ and inserting ‘‘fiscal year Law 106–181), provided that the cumulative im- TAIN HEAVY VEHICLES.—
through 2014,’’. pact of such operations does not increase noise (1) IN GENERAL.—Each of the following provi-
TITLE V—MISCELLANEOUS at Grand Canyon National Park. sions of the Internal Revenue Code of 1986 is
SEC. 35002. COMMERCIAL AIR TOUR OPERATIONS. amended by striking ‘‘2013’’ each place it ap-
SEC. 35001. OVERFLIGHTS IN GRAND CANYON NA-
TIONAL PARK. Section 40128(b)(1)(C) of title 49, United States pears and inserting ‘‘2017’’:
Code, is amended to read as follows: (A) Section 4481(f).
(a) DETERMINATIONS WITH RESPECT TO SUB-
‘‘(C) EXCEPTION.—An application to begin or (B) Section 4482(d).
STANTIAL RESTORATION OF NATURAL QUIET AND
expand commercial air tour operations at Crater (2) EXTENSION AND TECHNICAL CORRECTION.—
EXPERIENCE.—
Lake National Park or Great Smoky Mountains (A) IN GENERAL.—Paragraph (4) of section
(1) IN GENERAL.—Notwithstanding any other
National Park may be denied without the estab- 4482(c) of such Code is amended to read as fol-
provision of law, for purposes of section 3(b)(1)
lishment of an air tour management plan by the lows:
of Public Law 100–91 (16 U.S.C. 1a–1 note), the
Director of the National Park Service if the Di- ‘‘(4) TAXABLE PERIOD.—The term ‘taxable pe-
substantial restoration of the natural quiet and
rector determines that such operations would riod’ means any year beginning before July 1,
experience of the Grand Canyon National Park
adversely affect park resources or visitor experi- 2017, and the period which begins on July 1,
(in this section referred to as the ‘‘Park’’) shall
ences.’’. 2017, and ends at the close of September 30,
be considered to be achieved in the Park if, for
SEC. 35003. QUALIFICATIONS FOR PUBLIC AIR-
2017.’’.
at least 75 percent of each day, 50 percent of the (B) EFFECTIVE DATE.—The amendment made
Park is free of sound produced by commercial CRAFT STATUS.
Section 40125 of title 49, United States Code, is by this paragraph shall take effect as if in-
air tour operations that have an allocation to cluded in the amendments made by section 142
conduct commercial air tours in the Park as of amended by adding at the end the following:
‘‘(d) SEARCH AND RESCUE PURPOSES.—An air- of the Surface Transportation Extension Act of
the date of enactment of this Act. 2011, Part II.
(2) CONSIDERATIONS.— craft described in section 40102(a)(41)(D) that is
not exclusively leased for at least 90 continuous (c) FLOOR STOCKS REFUNDS.—Section
(A) IN GENERAL.—For purposes of determining
days by the government of a State, the District 6412(a)(1) of the Internal Revenue Code of 1986
whether substantial restoration of the natural
of Columbia, or a territory or possession of the is amended—
quiet and experience of the Park has been (1) by striking ‘‘July 1, 2012’’ each place it ap-
achieved in accordance with paragraph (1), the United States or a political subdivision of 1 of
pears and inserting ‘‘October 1, 2016’’,
Secretary of the Interior (in this section referred those governments, qualifies as a public aircraft
(2) by striking ‘‘December 31, 2012’’ each place
to as the ‘‘Secretary’’) shall use— if the Administrator determines that—
it appears and inserting ‘‘March 31, 2017’’, and
(i) the 2-zone system for the Park in effect on ‘‘(1) there are extraordinary circumstances;
(3) by striking ‘‘October 1, 2012’’ and inserting
the date of enactment of this Act to assess im- ‘‘(2) the aircraft will be used for the perform-
‘‘January 1, 2017’’.
pacts relating to substantial restoration of nat- ance of search and rescue missions;
(d) EXTENSION OF CERTAIN EXEMPTIONS.—
ural quiet at the Park, including— ‘‘(3) a community would not otherwise have
(1) Section 4221(a) of the Internal Revenue
(I) the thresholds for noticeability and audi- access to search and rescue services; and
Code of 1986 is amended by striking ‘‘July 1,
bility; and ‘‘(4) a government entity demonstrates that
2012’’ and inserting ‘‘October 1, 2016’’.
(II) the distribution of land between the 2 granting the waiver is necessary to prevent an
(2) Section 4483(i) of such Code is amended by
zones; and undue economic burden on that government.’’.
striking ‘‘July 1, 2012’’ and inserting ‘‘October 1,
(ii) noise modeling science that is— DIVISION D—FINANCE 2017’’.
(I) developed for use at the Park, specifically SEC. 40001. SHORT TITLE. (e) EXTENSION OF TRANSFERS OF CERTAIN
Integrated Noise Model Version 6.2; TAXES.—
This division may be cited as the ‘‘Highway
(II) validated by reasonable standards for (1) IN GENERAL.—Section 9503 of the Internal
Investment, Job Creation, and Economic Growth
conducting field observations of model results; Revenue Code of 1986 is amended—
Act of 2012’’.
and (A) in subsection (b)—
(III) accepted and validated by the Federal TITLE I—EXTENSION OF HIGHWAY TRUST
FUND EXPENDITURE AUTHORITY AND (i) by striking ‘‘July 1, 2012’’ each place it ap-
Interagency Committee on Aviation Noise. pears in paragraphs (1) and (2) and inserting
(B) SOUND FROM OTHER SOURCES.—The Sec- RELATED TAXES
‘‘October 1, 2016’’,
retary shall not consider sound produced by SEC. 40101. EXTENSION OF TRUST FUND EXPEND-
(ii) by striking ‘‘JULY 1, 2012’’ in the heading of
sources other than commercial air tour oper- ITURE AUTHORITY.
paragraph (2) and inserting ‘‘OCTOBER 1, 2016’’,
ations, including sound emitted by other types (a) HIGHWAY TRUST FUND.—Section 9503 of (iii) by striking ‘‘June 30, 2012’’ in paragraph
of aircraft operations or other noise sources, for the Internal Revenue Code of 1986 is amended— (2) and inserting ‘‘September 30, 2016’’, and
purposes of— (1) by striking ‘‘July 1, 2012’’ in subsections (iv) by striking ‘‘April 1, 2013’’ in paragraph
(i) making recommendations, developing a (b)(6)(B), (c)(1), and (e)(3) and inserting ‘‘Octo- (2) and inserting ‘‘July 1, 2017’’, and
final plan, or issuing regulations relating to ber 1, 2014’’, and (B) in subsection (c)(2), by striking ‘‘April 1,
commercial air tour operations in the Park; or (2) by striking ‘‘Surface Transportation Ex- 2013’’ and inserting ‘‘July 1, 2017’’.
(ii) determining under paragraph (1) whether tension Act of 2012’’ in subsections (c)(1) and (2) MOTORBOAT AND SMALL-ENGINE FUEL TAX
substantial restoration of the natural quiet and (e)(3) and inserting ‘‘MAP-21’’. TRANSFERS.—
experience of the Park has been achieved. (b) SPORT FISH RESTORATION AND BOATING (A) IN GENERAL.—Paragraphs (3)(A)(i) and
(3) CONTINUED MONITORING.—The Secretary TRUST FUND.—Section 9504 of the Internal Rev- (4)(A) of section 9503(c) of such Code are each
shall continue monitoring noise from aircraft enue Code of 1986 is amended— amended by striking ‘‘July 1, 2012’’ and insert-
operating over the Park below 17,999 feet MSL (1) by striking ‘‘Surface Transportation Ex- ing ‘‘October 1, 2016’’.
to ensure continued compliance with the sub- tension Act of 2012’’ each place it appears in (B) CONFORMING AMENDMENTS TO LAND AND
stantial restoration of natural quiet and experi- subsection (b)(2) and inserting ‘‘MAP-21’’, and WATER CONSERVATION FUND.—Section 201(b) of
ence of the Park. (2) by striking ‘‘July 1, 2012’’ in subsection the Land and Water Conservation Fund Act of
(4) DAY DEFINED.—For purposes of this sec- (d)(2) and inserting ‘‘October 1, 2014’’. 1965 (16 U.S.C. 460l–11(b)) is amended—
tion, the term ‘‘day’’ means the hours between (c) LEAKING UNDERGROUND STORAGE TANK (i) by striking ‘‘July 1, 2013’’ each place it ap-
7:00 a.m. and 7:00 p.m. TRUST FUND.—Paragraph (2) of section 9508(e) pears and inserting ‘‘October 1, 2017’’, and
(b) CONVERSION TO QUIET TECHNOLOGY AIR- of the Internal Revenue Code of 1986 is amended (ii) by striking ‘‘July 1, 2012’’ and inserting
CRAFT.— by striking ‘‘July 1, 2012’’ and inserting ‘‘Octo- ‘‘October 1, 2016’’.
(1) IN GENERAL.—Not later than 15 years after ber 1, 2014’’. (f) EFFECTIVE DATE.—Except as otherwise
the date of enactment of this Act, all commercial (d) EFFECTIVE DATE.—The amendments made provided in this section, the amendments made
air tour aircraft operating in the Grand Canyon by this section shall take effect on July 1, 2012. by this section shall take effect on July 1, 2012.
National Park Special Flight Rules Area shall SEC. 40102. EXTENSION OF HIGHWAY-RELATED
be required to fully convert to quiet aircraft TAXES. TITLE II—REVENUE PROVISIONS
technology (as determined in accordance with (a) IN GENERAL.— Subtitle A—Leaking Underground Storage
regulations in effect on the day before the date (1) Each of the following provisions of the In- Tank Trust Fund
of enactment of this Act). ternal Revenue Code of 1986 is amended by SEC. 40201. TRANSFER FROM LEAKING UNDER-
(2) CONVERSION INCENTIVES.—Not later than striking ‘‘June 30, 2012’’ and inserting ‘‘Sep- GROUND STORAGE TANK TRUST
60 days after the date of enactment of this Act, tember 30, 2016’’: FUND TO HIGHWAY TRUST FUND.
the Secretary and the Administrator of the Fed- (A) Section 4041(a)(1)(C)(iii)(I). (a) IN GENERAL.—Subsection (c) of section
eral Aviation Administration shall provide in- (B) Section 4041(m)(1)(B). 9508 of the Internal Revenue Code of 1986 is
centives for commercial air tour operators that (C) Section 4081(d)(1). amended—
convert to quiet aircraft technology (as deter- (2) Each of the following provisions of such (1) by striking ‘‘Amounts’’ and inserting:
mined in accordance with the regulations in ef- Code is amended by striking ‘‘July 1, 2012’’ and ‘‘(1) IN GENERAL.—Except as provided in para-
fect on the day before the date of enactment of inserting ‘‘October 1, 2016’’: graph (2), amounts’’, and
this Act) before the date specified in paragraph (A) Section 4041(m)(1)(A). (2) by adding at the end the following new
(1), such as increasing the flight allocations for (B) Section 4051(c). paragraph:
‘‘(2) TRANSFER TO HIGHWAY TRUST FUND.—Out ‘‘(g) SEGMENT RATES DETERMINED WITHOUT out regard to section 303(h)(2)(C)(iv)) greater
of amounts in the Leaking Underground Storage PENSION STABILIZATION.—For purposes of this than $500,000, and
Tank Trust Fund there is hereby appropriated section, section 430 shall be applied without re- ‘‘(III) the plan had 50 or more participants on
$2,400,000,000 to be transferred under section gard to subsection (h)(2)(C)(iv) thereof.’’. any day during the preceding plan year.
9503(f)(3) to the Highway Account (as defined in (b) AMENDMENTS TO EMPLOYEE RETIREMENT For purposes of any determination under sub-
section 9503(e)(5)(B)) in the Highway Trust INCOME SECURITY ACT OF 1974.— clause (III), the aggregation rule under the last
Fund.’’. (1) IN GENERAL.—Subparagraph (C) of section
sentence of section 303(g)(2)(B) shall apply.
(b) TRANSFER TO HIGHWAY TRUST FUND.— 303(h)(2) of the Employee Retirement Income Se-
(1) IN GENERAL.—Subsection (f) of section 9503 curity Act of 1974 (29 U.S.C. 1083(h)(2)) is ‘‘(iii) SPECIAL RULE FOR PLAN YEARS BEGIN-
NING BEFORE 2012.—In the case of a preceding
of the Internal Revenue Code of 1986 is amended amended by adding at the end the following
by inserting after paragraph (2) the following plan year referred to in clause (i)(III) which be-
new clause:
new paragraph: ‘‘(iv) SEGMENT RATE STABILIZATION.— gins before January 1, 2012, the information de-
‘‘(3) INCREASE IN FUND BALANCE.—There is ‘‘(I) IN GENERAL.—If a segment rate described scribed in such clause shall be provided only
hereby transferred to the Highway Account (as in clause (i), (ii), or (iii) with respect to any ap- without regard to section 303(h)(2)(C)(iv).’’.
defined in subsection (e)(5)(B)) in the Highway plicable month (determined without regard to (B) MODEL NOTICE.—The Secretary of Labor
Trust Fund amounts appropriated from the this clause) is less than the applicable minimum shall modify the model notice required to be
Leaking Underground Storage Tank Trust Fund percentage, or more than the applicable max- published under section 501(c) of the Pension
under section 9508(c)(2).’’. imum percentage, of the average of the segment Protection Act of 2006 to prominently include
(2) CONFORMING AMENDMENTS.—Paragraph (4) rates described in such clause for years in the the information described in section 101(f)(2)(D)
of section 9503(f) of such Code is amended— 25-year period ending with September 30 of the of the Employee Retirement Income Security Act
(A) by inserting ‘‘or transferred’’ after ‘‘ap- calendar year preceding the calendar year in of 1974, as added by this paragraph.
propriated’’, and which the plan year begins, then the segment (3) CONFORMING AMENDMENTS.—
(B) by striking ‘‘APPROPRIATED’’ in the head- rate described in such clause with respect to the (A) Subparagraph (F) of section 303(h)(2) of
ing thereof. applicable month shall be equal to the applica- such Act (29 U.S.C. 1083(h)(2)) is amended by in-
Subtitle B—Pension Provisions ble minimum percentage or the applicable max- serting ‘‘and the averages determined under
PART I—PENSION FUNDING imum percentage of such average, whichever is subparagraph (C)(iv)’’ after ‘‘subparagraph
STABILIZATION closest. The Secretary of the Treasury shall de- (C)’’.
SEC. 40211. PENSION FUNDING STABILIZATION. termine such average on an annual basis and (B) Clauses (ii) and (iii) of section 205(g)(3)(B)
(a) AMENDMENTS TO INTERNAL REVENUE CODE may prescribe equivalent rates for years in any of such Act (29 U.S.C. 1055(g)(3)(B)) are each
OF 1986.— such 25-year period for which the rates de- amended by striking ‘‘section 303(h)(2)(C)’’ and
(1) IN GENERAL.—Subparagraph (C) of section scribed in any such clause are not available. inserting ‘‘section 303(h)(2)(C) (determined by
430(h)(2) of the Internal Revenue Code of 1986 is ‘‘(II) APPLICABLE MINIMUM PERCENTAGE; AP- not taking into account any adjustment under
amended by adding at the end the following PLICABLE MAXIMUM PERCENTAGE.—For purposes clause (iv) thereof)’’.
new clause: of subclause (I), the applicable minimum per-
‘‘(iv) SEGMENT RATE STABILIZATION.— (C) Clause (iv) of section 4006(a)(3)(E) of such
centage and the applicable maximum percentage Act (29 U.S.C. 1306(a)(3)(E)) is amended by
‘‘(I) IN GENERAL.—If a segment rate described
for a plan year beginning in a calendar year striking ‘‘section 303(h)(2)(C)’’ and inserting
in clause (i), (ii), or (iii) with respect to any ap-
shall be determined in accordance with the fol- ‘‘section 303(h)(2)(C) (notwithstanding any reg-
plicable month (determined without regard to
lowing table: ulations issued by the corporation, determined
this clause) is less than the applicable minimum
percentage, or more than the applicable max- by not taking into account any adjustment
imum percentage, of the average of the segment under clause (iv) thereof)’’.
rates described in such clause for years in the The applica- The applica- (D) Section 4010(d) of such Act (29 U.S.C.
‘‘If the calendar year ble minimum ble maximum
25-year period ending with September 30 of the is: 1310(d)) is amended by adding at the end the
percentage is: percentage is:
calendar year preceding the calendar year in following:
which the plan year begins, then the segment 2012 ...................... 90% 110% ‘‘(3) PENSION STABILIZATION DISREGARDED.—
rate described in such clause with respect to the 2013 ...................... 85% 115% For purposes of this section, the segment rates
applicable month shall be equal to the applica- 2014 ...................... 80% 120% used in determining the funding target and
ble minimum percentage or the applicable max- 2015 ...................... 75% 125% funding target attainment percentage shall be
imum percentage of such average, whichever is After 2015 ............. 70% 130%.’’. determined by not taking into account any ad-
closest. The Secretary shall determine such av- justment under section 302(h)((2)(C)(iv).’’.
erage on an annual basis and may prescribe (2) DISCLOSURE OF EFFECT OF SEGMENT RATE (c) EFFECTIVE DATE.—
equivalent rates for years in any such 25-year STABILIZATION ON PLAN FUNDING.— (1) IN GENERAL.—The amendments made by
period for which the rates described in any such (A) IN GENERAL.—Paragraph (2) of section this section shall apply with respect to plan
clause are not available. 101(f) of such Act (29 U.S.C. 1021(f)) is amended years beginning after December 31, 2011.
‘‘(II) APPLICABLE MINIMUM PERCENTAGE; AP- by adding at the end the following new sub-
(2) RULES WITH RESPECT TO ELECTIONS.—
PLICABLE MAXIMUM PERCENTAGE.—For purposes paragraph:
‘‘(D) EFFECT OF SEGMENT RATE STABILIZATION (A) ADJUSTED FUNDING TARGET ATTAINMENT
of subclause (I), the applicable minimum per-
ON PLAN FUNDING.— PERCENTAGE.—A plan sponsor may elect not to
centage and the applicable maximum percentage
‘‘(i) IN GENERAL.—In the case of a single-em- have the amendments made by this section
for a plan year beginning in a calendar year
ployer plan for an applicable plan year, each apply to any plan year beginning before Janu-
shall be determined in accordance with the fol-
notice under paragraph (1) shall include— ary 1, 2013, either (as specified in the election)—
lowing table:
‘‘(I) a statement that the MAP-21 modified the (i) for all purposes for which such amend-
method for determining the interest rates used to ments apply, or
determine the actuarial value of benefits earned (ii) solely for purposes of determining the ad-
The applica- The applica-
‘‘If the calendar year ble minimum ble maximum under the plan, providing for a 25-year average justed funding target attainment percentage
is: of interest rates to be taken into account in ad-
percentage is: percentage is: under sections 436 of the Internal Revenue Code
dition to a 2-year average, of 1986 and 206(g) of the Employee Retirement
2012 ...................... 90% 110% ‘‘(II) a statement that, as a result of the MAP- Income Security Act of 1974 for such plan year.
2013 ...................... 85% 115% 21, the plan sponsor may contribute less money A plan shall not be treated as failing to meet the
2014 ...................... 80% 120% to the plan when interest rates are at historical requirements of sections 204(g) of such Act and
2015 ...................... 75% 125% lows, and 411(d)(6) of such Code solely by reason of an
After 2015 ............. 70% 130%.’’. ‘‘(III) a table which shows (determined both
election under this paragraph.
with and without regard to section
303(h)(2)(C)(iv)) the funding target attainment (B) OPT OUT OF EXISTING ELECTIONS.—If, on
(2) CONFORMING AMENDMENTS.— the date of the enactment of this Act, an elec-
(A) Paragraph (6) of section 404(o) of such percentage (as defined in section 303(d)(2)), the
funding shortfall (as defined in section tion is in effect with respect to any plan under
Code is amended by inserting ‘‘(determined by
303(c)(4)), and the minimum required contribu- sections 303(h)((2)(D)(ii) of the Employee Retire-
not taking into account any adjustment under
tion (as determined under section 303), for the ment Income Security Act of 1974 and
clause (iv) of subsection (h)(2)(C) thereof)’’ be-
applicable plan year and each of the 2 preceding 430(h)((2)(D)(ii) of the Internal Revenue Code of
fore the period.
(B) Subparagraph (F) of section 430(h)(2) of plan years. 1986, then, notwithstanding the last sentence of
such Code is amended by inserting ‘‘and the ‘‘(ii) APPLICABLE PLAN YEAR.—For purposes of each such section, the plan sponsor may revoke
averages determined under subparagraph this subparagraph, the term ‘applicable plan such election without the consent of the Sec-
(C)(iv)’’ after ‘‘subparagraph (C)’’. year’ means any plan year beginning after De- retary of the Treasury. The plan sponsor may
(C) Subparagraphs (C) and (D) of section cember 31, 2011, and before January 1, 2015, for make such revocation at any time before the
417(e)(3) of such Code are each amended by which— date which is 1 year after such date of enact-
striking ‘‘section 430(h)(2)(C)’’ and inserting ‘‘(I) the funding target (as defined in section ment and such revocation shall be effective for
‘‘section 430(h)(2)(C) (determined by not taking 303(d)(2)) is less than 95 percent of such funding the 1st plan year to which the amendments
into account any adjustment under clause (iv) target determined without regard to section made by this section apply and all subsequent
thereof)’’. 303(h)(2)(C)(iv), plan years. Nothing in this subparagraph shall
(D) Section 420 of such Code is amended by ‘‘(II) the plan has a funding shortfall (as de- preclude a plan sponsor from making a subse-
adding at the end the following new subsection: fined in section 303(c)(4) and determined with- quent election in accordance with such sections.
PART II—PBGC PREMIUMS ‘‘(ii) 2012, in the case of plan years beginning (1) IN GENERAL.—Section 4002(d) of the Em-
SEC. 40221. SINGLE EMPLOYER PLAN ANNUAL in calendar year 2015; and ployee Retirement Income Security Act of 1974
PREMIUM RATES. ‘‘(iii) 2013, in the case of plan years beginning (29 U.S.C. 1302(d)) is amended—
(a) FLAT-RATE PREMIUM.— after calendar year 2015.’’. (A) by striking ‘‘(d) The board of directors’’
(1) IN GENERAL.—Clause (i) of section (3) CAP.— and inserting ‘‘(d)(1) The board of directors’’;
4006(a)(3)(A) of the Employee Retirement Income (A) IN GENERAL.—Subparagraph (E)(i) of sec- and
Security Act of 1974 (29 U.S.C. 1306(a)(3)(A)) is tion 4006(a)(3) of such Act (29 U.S.C. 1306(a)(3)) (B) by adding at the end the following:
amended to read as follows: is amended by striking ‘‘for any plan year shall ‘‘(2) A majority of the members of the board of
‘‘(i) in the case of a single-employer plan, an be’’ and all that follows through the end and in- directors in office shall constitute a quorum for
amount for each individual who is a participant serting the following ‘‘for any plan year— the transaction of business. The vote of the ma-
in such plan during the plan year equal to the ‘‘(I) shall be an amount equal to the amount jority of the members present and voting at a
sum of the additional premium (if any) deter- determined under clause (ii) divided by the num- meeting at which a quorum is present shall be
mined under subparagraph (E) and— ber of participants in such plan as of the close the act of the board of directors.
‘‘(I) for plan years beginning after December of the preceding plan year; and ‘‘(3) Each member of the board of directors
31, 2005, and before January 1, 2013, $30; ‘‘(II) in the case of plan years beginning in a shall designate in writing an official, not below
‘‘(II) for plan years beginning after December calendar year after 2012, shall not exceed $400.’’. the level of Assistant Secretary, to serve as the
31, 2012, and before January 1, 2014, $42; and (B) ADJUSTMENT FOR INFLATION.—Paragraph voting representative of such member on the
‘‘(III) for plan years beginning after December (3) of section 4006(a) of such Act (29 U.S.C. board. Such designation shall be effective until
31, 2013, $49.’’. 1306(a)(3)), as amended by this Act, is amended revoked or until a date or event specified there-
(2) ADJUSTMENT FOR INFLATION.—Subpara- by adding at the end the following: in. Any such representative may refer for board
graph (F) of section 4006(a)(3) of such Act (29 ‘‘(J) For each plan year beginning in a cal- action any matter under consideration by the
U.S.C. 1306(a)(3)) is amended— endar year after 2013, there shall be substituted designating board member, but such representa-
(A) in clause (i)(II), by inserting ‘‘(2012 in the for the dollar amount specified in subclause (II) tive shall not count toward establishment of a
case of plan years beginning after calendar year of subparagraph (E)(i) an amount equal to the quorum as described under paragraph (2).
2014)’’ after ‘‘2004’’; and greater of— ‘‘(4) The Inspector General of the corporation
(B) by adding at the end the following new ‘‘(i) the product derived by multiplying such shall report to the board of directors, and not
sentence: ‘‘This subparagraph shall not apply to dollar amount by the ratio of— less than twice a year, shall attend a meeting of
plan years beginning in 2013 or 2014.’’. ‘‘(I) the national average wage index (as de- the board of directors to provide a report on the
(b) VARIABLE-RATE PREMIUM.— fined in section 209(k)(1) of the Social Security activities and findings of the Inspector General,
(1) IN GENERAL.—Subparagraph (E)(ii) of sec- Act) for the first of the 2 calendar years pre- including with respect to monitoring and review
tion 4006(a)(3) of the Employee Retirement In- ceding the calendar year in which such plan of the operations of the corporation.
come Security Act of 1974 (29 U.S.C. 1306(a)(3)) year begins, to ‘‘(5) The General Counsel of the corporation
is amended by striking ‘‘$9.00’’ and inserting ‘‘(II) the national average wage index (as so shall—
defined) for 2011; and ‘‘(A) serve as the secretary to the board of di-
‘‘the applicable dollar amount under paragraph
‘‘(ii) such dollar amount for plan years begin- rectors, and advise such board as needed; and
(8)’’.
ning in the preceding calendar year. ‘‘(B) have overall responsibility for all legal
(2) APPLICABLE DOLLAR AMOUNT.—Section
If the amount determined under this subpara- matters affecting the corporation and provide
4006(a) of such Act (29 U.S.C. 1306(a)) is amend-
graph is not a multiple of $1, such product shall the corporation with legal advice and opinions
ed by adding at the end the following:
be rounded to the nearest multiple of $1.’’. on all matters of law affecting the corporation,
‘‘(8) APPLICABLE DOLLAR AMOUNT FOR VARI-
SEC. 40222. MULTIEMPLOYER ANNUAL PREMIUM except that the authority of the General Counsel
ABLE RATE PREMIUM.—For purposes of para-
RATES. shall not extend to the Office of Inspector Gen-
graph (3)(E)(ii)—
(a) IN GENERAL.—Subparagraph (A) of section eral and the independent legal counsel of such
‘‘(A) IN GENERAL.—Except as provided in sub-
4006(a)(3) of the Employee Retirement Income Office.
paragraphs (B) and (C), the applicable dollar
Security Act of 1974 (29 U.S.C. 1306(a)(3)) is ‘‘(6) Notwithstanding any other provision of
amount shall be—
amended— this Act, the Office of Inspector General and the
‘‘(i) $9 for plan years beginning in a calendar
(1) by inserting ‘‘and before January 1, 2013,’’ legal counsel of such Office are independent of
year before 2015;
after ‘‘December 31, 2005,’’ in clause (iv), the management of the corporation and the
‘‘(ii) for plan years beginning in calendar
(2) by striking ‘‘or’’ at the end of clause (iii), General Counsel of the corporation.
year 2015, the amount in effect for plan years
(3) by striking the period at the end of clause ‘‘(7) The board of directors may appoint and
beginning in 2014 (determined after application
(iv) and inserting ‘‘, or’’, and fix the compensation of employees as may be re-
of subparagraph (C)); and
(4) by adding at the end the following new quired to enable the board of directors to per-
‘‘(iii) for plan years beginning after calendar
clause: form its duties. The board of directors shall de-
year 2015, the amount in effect for plan years
‘‘(v) in the case of a multiemployer plan, for termine the qualifications and duties of such
beginning in 2015 (determined after application
plan years beginning after December 31, 2012, employees and may appoint and fix the com-
of subparagraph (C)).
$12.00 for each individual who is a participant pensation of experts and consultants in accord-
‘‘(B) ADJUSTMENT FOR INFLATION.—For each
in such plan during the applicable plan year.’’. ance with the provisions of section 3109 of title
plan year beginning in a calendar year after
(b) INFLATION ADJUSTMENT.—Paragraph (3) of 5, United States Code.’’.
2012, there shall be substituted for the applica-
section 4006(a) of the Employee Retirement In- (2) NUMBER OF MEETINGS; PUBLIC AVAIL-
ble dollar amount specified under subparagraph
come Security Act of 1974 (29 U.S.C. 1306(a)(3)) ABILITY.—Section 4002(e) of such Act (29 U.S.C.
(A) an amount equal to the greater of—
is amended by adding at the end the following: 1302(e)) is amended—
‘‘(i) the product derived by multiplying such (A) by striking ‘‘The board’’ and inserting
applicable dollar amount for plan years begin- ‘‘(I) For each plan year beginning in a cal-
endar year after 2013, there shall be substituted ‘‘(1) The board’’;
ning in that calendar year by the ratio of— (B) by striking ‘‘the corporation.’’ and insert-
‘‘(I) the national average wage index (as de- for the premium rate specified in clause (v) of
subparagraph (A) an amount equal to the great- ing ‘‘the corporation, but in no case less than 4
fined in section 209(k)(1) of the Social Security times a year with not fewer than 2 members
Act) for the first of the 2 calendar years pre- er of—
‘‘(i) the product derived by multiplying the present. Not less than 1 meeting of the board of
ceding the calendar year in which such plan directors during each year shall be a joint meet-
year begins, to premium rate specified in clause (v) of subpara-
graph (A) by the ratio of— ing with the advisory committee under sub-
‘‘(II) the national average wage index (as so section (h).’’; and
defined) for the base year; and ‘‘(I) the national average wage index (as de-
fined in section 209(k)(1) of the Social Security (C) by adding at the end the following:
‘‘(ii) such applicable dollar amount in effect ‘‘(2)(A) Except as provided in subparagraph
for plan years beginning in the preceding cal- Act) for the first of the 2 calendar years pre-
ceding the calendar year in which such plan (B), the chairman of the board of directors shall
endar year. make available to the public the minutes from
year begins, to
If the amount determined under this subpara- ‘‘(II) the national average wage index (as so each meeting of the board of directors.
graph is not a multiple of $1, such product shall defined) for 2011; and ‘‘(B) The minutes of a meeting of the board of
be rounded to the nearest multiple of $1. ‘‘(ii) the premium rate in effect under clause directors, or a portion thereof, shall not be sub-
‘‘(C) ADDITIONAL INCREASE IN 2014 AND 2015.— (v) of subparagraph (A) for plan years begin- ject to disclosure under subparagraph (A) if the
The applicable dollar amount determined under ning in the preceding calendar year. chairman reasonably determines that such min-
subparagraph (A) (after the application of sub- utes, or portion thereof, contain confidential
paragraph (B)) shall be increased— If the amount determined under this subpara- employer information including information ob-
‘‘(i) in the case of plan years beginning in cal- graph is not a multiple of $1, such product shall tained under section 4010, information about the
endar year 2014, by $4; and be rounded to the nearest multiple of $1.’’. investment activities of the corporation, or in-
‘‘(ii) in the case of plan years beginning in PART III—IMPROVEMENTS OF PBGC formation regarding personnel decisions of the
calendar year 2015, by $5. SEC. 40231. PENSION BENEFIT GUARANTY COR- corporation.
‘‘(D) BASE YEAR.—For purposes of subpara- PORATION GOVERNANCE IMPROVE- ‘‘(C) The minutes of a meeting, or portion of
graph (B), the base year is— MENT. thereof, exempt from disclosure pursuant to sub-
‘‘(i) 2010, in the case of plan years beginning (a) BOARD OF DIRECTORS OF THE PENSION paragraph (B) shall be exempt from disclosure
in calendar year 2013 or 2014; BENEFIT GUARANTY CORPORATION.— under section 552(b) of title 5, United States
Code. For purposes of such section 552, this subcontract with the National Academy of Public of the corporation so determines, at a rate fixed
paragraph shall be considered a statute de- Administration to conduct the study described under section 9503 of such title.
scribed in subsection (b)(3) of such section 552.’’. in paragraph (2) with respect to the Pension ‘‘(e) ANNUAL REPORT.—
(3) ADVISORY COMMITTEE.— Benefit Guaranty Corporation. ‘‘(1) IN GENERAL.—Not later than December 31
(A) ISSUES CONSIDERED BY THE COMMITTEE.— (2) CONTENT OF STUDY.—The study conducted of each calendar year, the Participant and Plan
Section 4002(h)(1) of such Act (29 U.S.C. under paragraph (1) shall include— Sponsor Advocate shall report to the Health,
1302(h)(1)) is amended— (A) a review of the governance structures of Education, Labor, and Pensions Committee of
(i) by striking ‘‘, and (D)’’ and inserting ‘‘, governmental and nongovernmental organiza- the Senate, the Committee on Finance of the
(D)’’; and tions that are analogous to the Pension Benefit Senate, the Committee on Education and the
(ii) by striking ‘‘time to time.’’ and inserting Guaranty Corporation; and Workforce of the House of Representatives, and
‘‘time to time, and (E) other issues as deter- (B) recommendations regarding— the Committee on Ways and Means of the House
mined appropriate by the advisory committee.’’. (i) the ideal size and composition of the board of Representatives on the activities of the Office
(B) JOINT MEETING.—Section 4002(h)(3) of such of directors of the Pension Benefit Guaranty of the Participant and Plan Sponsor Advocate
Act (29 U.S.C. 1302(h)(3)) is amended by adding Corporation; during the fiscal year ending during such cal-
at the end the following: ‘‘Not less than 1 meet- (ii) procedures to select and remove members endar year.
ing of the advisory committee during each year of such board; ‘‘(2) CONTENT.—Each report submitted under
shall be a joint meeting with the board of direc- (iii) qualifications and term lengths of mem- paragraph (1) shall—
tors under subsection (e).’’. bers of such board; and ‘‘(A) summarize the assistance requests re-
(b) AVOIDING CONFLICTS OF INTEREST.—Sec- (iv) policies necessary to enhance Congres- ceived from participants and plan sponsors and
tion 4002 of the Employee Retirement Income Se- sional oversight and transparency of such board describe the activities, and evaluate the effec-
curity Act of 1974 (29 U.S.C. 1302) is amended by and to mitigate potential conflicts of interest of tiveness, of the Participant and Plan Sponsor
adding at the end the following: the members of such board. Advocate during the preceding year;
‘‘(j) CONFLICTS OF INTEREST.— (3) SUBMISSION TO CONGRESS.—Not later than ‘‘(B) identify significant problems the Partici-
‘‘(1) IN GENERAL.—The Director of the cor- 1 year after the initiation of the study under pant and Plan Sponsor Advocate has identified;
poration and each member of the board of direc- paragraph (1), the National Academy of Public ‘‘(C) include specific legislative and regu-
tors shall not participate in a decision of the Administration shall submit the results of the latory changes to address the problems; and
corporation in which the Director or such mem- study to the Committees on Health, Education, ‘‘(D) identify any actions taken to correct
ber has a direct financial interest. The Director Labor, and Pensions and Finance of the Senate problems identified in any previous report.
of the corporation shall not participate in any and the Committees on Education and the ‘‘(3) CONCURRENT SUBMISSION.—The Partici-
activities that would present a potential conflict Workforce and Ways and Means of the House of pant and Plan Sponsor Advocate shall submit a
of interest or appearance of a conflict of interest Representatives. copy of each report to the Secretary of Labor,
without approval of the board of directors. the Director of the corporation, and any other
SEC. 40232. PARTICIPANT AND PLAN SPONSOR
‘‘(2) ESTABLISHMENT OF POLICY.—The board of ADVOCATE. appropriate official at the same time such report
directors shall establish a policy that will inform is submitted to the committees of Congress under
(a) IN GENERAL.—Title IV of the Employee Re-
the identification of potential conflicts of inter- paragraph (1).’’.
tirement Income Security Act of 1974 (29 U.S.C.
ests of the members of the board of directors and (b) ADVISORY COMMITTEE NOMINATIONS.—Sec-
1301 et seq.) is amended by inserting after sec-
mitigate perceived conflicts of interest of such tion 4002(h)(1) of the Employee Retirement In-
tion 4003 the following:
members and the Director of the corporation.’’. come Security Act of 1974 (29 U.S.C.1302(h)(1)) is
(c) RISK MITIGATION.—Section 4002 of the Em- ‘‘SEC. 4004. PARTICIPANT AND PLAN SPONSOR
ADVOCATE. amended by adding at the end the following
ployee Retirement Income Security Act of 1974
‘‘(a) IN GENERAL.—The board of directors of new sentence: ‘‘In the event of a vacancy or im-
(29 U.S.C. 1302), as amended by subsection (b),
the corporation shall select a Participant and pending vacancy in the office of the Participant
is further amended by adding at the end the fol-
Plan Sponsor Advocate from the candidates and Plan Sponsor Advocate established under
lowing:
nominated by the advisory committee to the cor- section 4004, the Advisory Committee shall, in
‘‘(k) RISK MANAGEMENT OFFICER.—The cor-
poration under section 4002(h)(1) and without consultation with the Director of the corpora-
poration shall have a risk management officer
regard to the provisions of title 5, United States tion and participant and plan sponsor advocacy
whose duties include evaluating and mitigating
Code, relating to appointments in the competi- groups, nominate at least two but no more than
the risk that the corporation might experience.
tive service or Senior Executive Service. three individuals to serve as the Participant and
The individual in such position shall coordinate
‘‘(b) DUTIES.—The Participant and Plan Plan Sponsor Advocate.’’.
the risk management efforts of the corporation,
Sponsor Advocate shall— (c) CLERICAL AMENDMENT.—The table of con-
explain risks and controls to senior management
‘‘(1) act as a liaison between the corporation, tents in section 1 of the Employee Retirement
and the board of directors of the corporation,
sponsors of defined benefit pension plans in- Income Security Act of 1974 is amended by in-
and make recommendations.’’.
sured by the corporation, and participants in serting after the item relating to section 4003 the
(d) DIRECTOR.—Section 4002(c) of the Em-
pension plans trusteed by the corporation; following new item:
ployee Retirement Income Security Act of 1974
(29 U.S.C. 1302(c)) is amended to read as fol- ‘‘(2) advocate for the full attainment of the ‘‘4004. Participant and Plan Sponsor Advo-
lows: rights of participants in plans trusteed by the cate.’’.
‘‘(c) The Director shall be accountable to the corporation; SEC. 40233. QUALITY CONTROL PROCEDURES FOR
board of directors. The Director shall serve for a ‘‘(3) assist pension plan sponsors and partici- THE PENSION BENEFIT GUARANTY
term of 5 years unless removed by the President pants in resolving disputes with the corporation; CORPORATION.
or the board of directors before the expiration of ‘‘(4) identify areas in which participants and (a) ANNUAL PEER REVIEW OF INSURANCE MOD-
such 5-year term.’’. plan sponsors have persistent problems in deal- ELING SYSTEMS.—The Pension Benefit Guaranty
(e) SENSES OF CONGRESS.— ings with the corporation; Corporation shall contract with a capable agen-
(1) FORMATION OF COMMITTEES.—It is the ‘‘(5) to the extent possible, propose changes in cy or organization that is independent from the
sense of Congress that the board of directors of the administrative practices of the corporation Corporation, such as the Social Security Admin-
the Pension Benefit Guaranty Corporation es- to mitigate problems; istration, to conduct an annual peer review of
tablished under section 4002 of the Employee Re- ‘‘(6) identify potential legislative changes the Corporation’s Single-Employer Pension In-
tirement Income Security Act of 1974 (29 U.S.C. which may be appropriate to mitigate problems; surance Modeling System and the Corporation’s
1302), as amended by this section, should form and Multiemployer Pension Insurance Modeling Sys-
committees, including an audit committee and ‘‘(7) refer instances of fraud, waste, and tem. The board of directors of the Corporation
an investment committee composed of not less abuse, and violations of law to the Office of the shall designate the agency or organization with
than 2 members, to enhance the overall effec- Inspector General of the corporation. which any such contract is entered into. The
tiveness of the board of directors. ‘‘(c) REMOVAL.—If the Participant and Plan first of such annual peer reviews shall be initi-
(2) ADVISORY COMMITTEE.—It is the sense of Sponsor Advocate is removed from office or is ated no later than 3 months after the date of en-
Congress that the advisory committee to the transferred to another position or location with- actment of this Act.
Pension Benefit Guaranty Corporation estab- in the corporation or the Department of Labor, (b) POLICIES AND PROCEDURES RELATING TO
lished under section 4002 of the Employee Re- the board of the directors of the corporation THE POLICY, RESEARCH, AND ANALYSIS DEPART-
tirement Income Security Act of 1974 (29 U.S.C. shall communicate in writing the reasons for MENT.—The Pension Benefit Guaranty Corpora-
1302), as amended by this section, should pro- any such removal or transfer to Congress not tion shall—
vide to the board of directors of such corpora- less than 30 days before the removal or transfer. (1) develop written quality review policies and
tion policy recommendations regarding changes Nothing in this subsection shall prohibit a per- procedures for all modeling and actuarial work
to the law that would be beneficial to the cor- sonnel action otherwise authorized by law, performed by the Corporation’s Policy, Re-
poration or the voluntary private pension sys- other than transfer or removal. search, and Analysis Department; and
tem. ‘‘(d) COMPENSATION.—The annual rate of (2) conduct a record management review of
(f) STUDY REGARDING GOVERNANCE STRUC- basic pay for the Participant and Plan Sponsor such Department to determine what records
TURES.— Advocate shall be the same rate as the highest must be retained as Federal records.
(1) IN GENERAL.—Not later than 90 days after rate of basic pay established for the Senior Ex- (c) REPORT RELATING TO OIG RECOMMENDA-
the date of enactment of this Act, the Pension ecutive Service under section 5382 of title 5, TIONS.—Not later than 2 months after the date
Benefit Guaranty Corporation shall enter into a United States Code, or, if the board of directors of enactment of this Act, the Pension Benefit
Guaranty Corporation shall submit to Congress (D) as subparagraph (E) and by inserting after (i) in clause (i), by inserting ‘‘or retiree life in-
a report, approved by the board of directors of subparagraph (C) the following new subpara- surance coverage, as the case may be,’’ after
the Corporation, setting forth a timetable for graph: ‘‘retiree health coverage’’,
addressing the outstanding recommendations of ‘‘(D) APPLICABLE LIFE INSURANCE BENEFITS.— (ii) in clause (ii), by inserting ‘‘FOR RETIREE
the Office of the Inspector General relating to The term ‘applicable life insurance benefits’ HEALTH COVERAGE’’ after ‘‘COST REDUCTIONS’’ in
the Policy, Research, and Analysis Department means group-term life insurance coverage pro- the heading thereof, and
and the Benefits Administration and Payment vided to retired employees who, immediately be- (iii) in clause (ii)(II), by inserting ‘‘with re-
Department. fore the qualified transfer, are entitled to receive spect to applicable health benefits’’ after ‘‘liabil-
SEC. 40234. LINE OF CREDIT REPEAL. such coverage by reason of retirement and who ities of the employer’’.
are entitled to pension benefits under the plan, (D) Paragraph (2) of section 420(f) of such
(a) IN GENERAL.—Subsection (c) of section
but only to the extent that such coverage is pro- Code is amended by striking ‘‘collectively bar-
4005 of the Employee Retirement Income Secu-
vided under a policy for retired employees and gained retiree health liabilities’’ each place it
rity Act of 1974 (29 U.S.C. 1305) is repealed.
the cost of such coverage is excludable from the occurs and inserting ‘‘collectively bargained re-
(b) CONFORMING AMENDMENTS.—
retired employee’s gross income under section tiree liabilities’’.
(1) Section 4005 of the Employee Retirement
79.’’. (E) Clause (i) of section 420(f)(2)(D) of such
Income Security Act of 1974 (29 U.S.C. 1305) is
(3) COLLECTIVELY BARGAINED LIFE INSURANCE Code is amended—
amended— (i) by inserting ‘‘, and each group-term life in-
(A) in subsection (b)— BENEFITS DEFINED.—
(A) IN GENERAL.—Paragraph (6) of section surance plan or arrangement under which ap-
(i) paragraph (1)— plicable life insurance benefits are provided,’’ in
(I) by striking subparagraph (A); and 420(f) of such Code is amended by redesignating
subparagraph (D) as subparagraph (E) and by subclause (I) after ‘‘applicable health benefits
(II) by redesignating subparagraphs (B)
inserting after subparagraph (C) the following are provided’’,
through (G) as subparagraphs (A) through (F), (ii) by inserting ‘‘or applicable life insurance
respectively; new subparagraph:
‘‘(D) COLLECTIVELY BARGAINED LIFE INSUR- benefits, as the case may be,’’ in subclause (I)
(ii) in paragraph (2)— after ‘‘provides applicable health benefits’’,
(I) by striking subparagraph (C); and ANCE BENEFITS.—The term ‘collectively bar-
gained life insurance benefits’ means, with re- (iii) by striking ‘‘group health’’ in subclause
(II) by redesignating subparagraphs (D) and (II), and
(E) as subparagraphs (C) and (D), respectively; spect to any collectively bargained transfer—
‘‘(i) applicable life insurance benefits which (iv) by inserting ‘‘or collectively bargained life
and insurance benefits’’ in subclause (II) after ‘‘col-
(iii) in paragraph (3), by striking ‘‘but,’’ and are provided to retired employees who, imme-
diately before the transfer, are entitled to re- lectively bargained health benefits’’.
all that follows through the end and inserting a (F) Clause (ii) of section 420(f)(2)(D) of such
period; and ceive such benefits by reason of retirement, and
Code is amended—
(B) in subsection (g)— ‘‘(ii) if specified by the provisions of the col-
(i) by inserting ‘‘with respect to applicable
(i) by striking paragraph (2); and lective bargaining agreement governing the
health benefits or applicable life insurance ben-
(ii) by redesignating paragraph (3) as para- transfer, applicable life insurance benefits
efits’’ after ‘‘requirements of subsection (c)(3)’’,
graph (2). which will be provided at retirement to employ-
and
(2) Section 4402 of such Act (29 U.S.C. 1461) is ees who are not retired employees at the time of (ii) by adding at the end the following: ‘‘Such
amended— the transfer.’’. election may be made separately with respect to
(A) in subsection (c)(4)— (B) CONFORMING AMENDMENTS.— applicable health benefits and applicable life in-
(i) by striking subparagraph (C); and (i) Clause (i) of section 420(e)(1)(C) of such
surance benefits. In the case of an election with
(ii) by redesignating subparagraph (D) as sub- Code is amended by striking ‘‘upon retirement’’
respect to applicable life insurance benefits, the
paragraph (C); and and inserting ‘‘by reason of retirement’’.
first sentence of this clause shall be applied as
(B) in subsection (d), by striking ‘‘or (D)’’. (ii) Subparagraph (C) of section 420(f)(6) of
if subsection (c)(3) as in effect before the amend-
such Code is amended—
PART IV—TRANSFERS OF EXCESS ments made by such Act applied to such bene-
(I) by striking ‘‘which are provided to’’ in the
PENSION ASSETS fits.’’.
matter preceding clause (i),
SEC. 40241. EXTENSION FOR TRANSFERS OF EX-
(G) Clause (iii) of section 420(f)(2)(D) of such
(II) by inserting ‘‘which are provided to’’ be-
CESS PENSION ASSETS TO RETIREE Code is amended—
fore ‘‘retired employees’’ in clause (i), (i) by striking ‘‘retiree’’ each place it occurs,
HEALTH ACCOUNTS. (III) by striking ‘‘upon retirement’’ in clause
(a) IN GENERAL.—Paragraph (5) of section and
(i) and inserting ‘‘by reason of retirement’’, and (ii) by inserting ‘‘, collectively bargained life
420(b) of the Internal Revenue Code of 1986 is (IV) by striking ‘‘active employees who, fol-
amended by striking ‘‘December 31, 2013’’ and insurance benefits, or both, as the case may be,’’
lowing their retirement,’’ and inserting ‘‘which after ‘‘health benefits’’ each place it occurs.
inserting ‘‘December 31, 2021’’. will be provided at retirement to employees who (d) COORDINATION WITH SECTION 79.—Section
(b) CONFORMING ERISA AMENDMENTS.— are not retired employees at the time of the 79 of the Internal Revenue Code of 1986 is
(1) Sections 101(e)(3), 403(c)(1), and 408(b)(13) transfer and who’’. amended by adding at the end the following
of the Employee Retirement Income Security Act (c) MAINTENANCE OF EFFORT.— new subsection:
of 1974 are each amended by striking ‘‘Pension (1) IN GENERAL.—Subparagraph (A) of section ‘‘(f) EXCEPTION FOR LIFE INSURANCE PUR-
Protection Act of 2006’’ and inserting ‘‘MAP- 420(c)(3) of the Internal Revenue Code of 1986 is CHASED IN CONNECTION WITH QUALIFIED TRANS-
21’’. amended by inserting ‘‘, and each group-term FER OF EXCESS PENSION ASSETS.—Subsection
(2) Section 408(b)(13) of such Act (29 U.S.C. life insurance plan under which applicable life (b)(3) and section 72(m)(3) shall not apply in the
1108(b)(13)) is amended by striking ‘‘January 1, insurance benefits are provided,’’ after ‘‘health case of any cost paid (whether directly or indi-
2014’’ and inserting ‘‘January 1, 2022’’. benefits are provided’’. rectly) with assets held in an applicable life in-
(c) EFFECTIVE DATE.—The amendments made (2) CONFORMING AMENDMENTS.— surance account (as defined in section 420(e)(4))
by this Act shall take effect on the date of the (A) Subparagraph (B) of section 420(c)(3) of under a defined benefit plan.’’.
enactment of this Act. such Code is amended— (e) CONFORMING AMENDMENTS.—
SEC. 40242. TRANSFER OF EXCESS PENSION AS- (i) by redesignating subclauses (I) and (II) of (1) Section 420 of the Internal Revenue Code
SETS TO RETIREE GROUP TERM LIFE clause (i) as subclauses (II) and (III) of such of 1986 is amended by striking ‘‘qualified cur-
INSURANCE ACCOUNTS. clause, respectively, and by inserting before sub- rent retiree health liabilities’’ each place it ap-
(a) IN GENERAL.—Subsection (a) of section 420 clause (II) of such clause, as so redesignated, pears and inserting ‘‘qualified current retiree li-
of the Internal Revenue Code of 1986 is amended the following new subclause: abilities’’.
by inserting ‘‘, or an applicable life insurance ‘‘(I) separately with respect to applicable (2) Section 420 of such Code is amended by in-
account,’’ after ‘‘health benefits account’’. health benefits and applicable life insurance serting ‘‘, or an applicable life insurance ac-
(b) APPLICABLE LIFE INSURANCE ACCOUNT DE- benefits,’’, and count,’’ after ‘‘a health benefits account’’ each
FINED.— (ii) by striking ‘‘for applicable health bene- place it appears in subsection (b)(1)(A), sub-
(1) IN GENERAL.—Subsection (e) of section 420 fits’’ and all that follows in clause (ii) and in- paragraphs (A), (B)(i), and (C) of subsection
of the Internal Revenue Code of 1986 is amended serting ‘‘was provided during such taxable year (c)(1), subsection (d)(1)(A), and subsection
by redesignating paragraphs (4) and (5) as para- for the benefits with respect to which the deter- (f)(2)(E)(ii).
graphs (5) and (6), respectively, and by inserting mination under clause (i) is made.’’. (3) Section 420(b) of such Code is amended—
after paragraph (3) the following new para- (B) Subparagraph (C) of section 420(c)(3) of (A) by adding the following at the end of
graph: such Code is amended— paragraph (2)(A): ‘‘If there is a transfer from a
‘‘(4) APPLICABLE LIFE INSURANCE ACCOUNT.— (i) by inserting ‘‘for applicable health bene- defined benefit plan to both a health benefits
The term ‘applicable life insurance account’ fits’’ after ‘‘applied separately’’, and account and an applicable life insurance ac-
means a separate account established and main- (ii) by inserting ‘‘, and separately for applica- count during any taxable year, such transfers
tained for amounts transferred under this sec- ble life insurance benefits with respect to indi- shall be treated as 1 transfer for purposes of this
tion for qualified current retiree liabilities based viduals age 65 or older at any time during the paragraph.’’, and
on premiums for applicable life insurance bene- taxable year and with respect to individuals (B) by inserting ‘‘to an account’’ after ‘‘may
fits.’’. under age 65 during the taxable year’’ before be transferred’’ in paragraph (3).
(2) APPLICABLE LIFE INSURANCE BENEFITS DE- the period. (4) The heading for section 420(c)(1)(B) of
FINED.—Paragraph (1) of section 420(e) of such (C) Subparagraph (E) of section 420(c)(3) of such Code is amended by inserting ‘‘OR LIFE IN-
Code is amended by redesignating subparagraph such Code is amended— SURANCE’’ after ‘‘HEALTH BENEFITS’’.
(5) Paragraph (1) of section 420(e) of such (2) Subsection (b) of section 420 of such Code Code, $26,000,000 for each of fiscal years 2013
Code is amended— is amended by striking paragraph (4) and by re- and 2014.
(A) by inserting ‘‘and applicable life insur- designating paragraph (5), as amended by this (b) APPLICABILITY OF TITLE 23, UNITED
ance benefits’’ in subparagraph (A) after ‘‘ap- Act, as paragraph (4). STATES CODE.—Funds authorized to be appro-
plicable health benefits’’, and (3) Paragraph (2) of section 420(b) of such priated by subsection (a) shall—
(B) by striking ‘‘HEALTH’’ in the heading Code, as amended by this section, is amended— (1) be available for obligation in the same
thereof. (A) by striking subparagraph (B), and manner as if those funds were apportioned
(6) Subparagraph (B) of section 420(e)(1) of (B) by striking ‘‘PER YEAR.—’’ and all that under chapter 1 of title 23, United States Code,
such Code is amended— follows through ‘‘No more than’’ and inserting except that the Federal share of the cost of a
(A) in the matter preceding clause (i), by in- ‘‘PER YEAR.—No more than’’. project or activity carried out using those funds
serting ‘‘(determined separately for applicable (4) Paragraph (2) of section 420(c) of such shall be 80 percent, unless otherwise expressly
health benefits and applicable life insurance Code is amended— provided by this Act (including the amendments
benefits)’’ after ‘‘shall be reduced by the (A) by striking subparagraph (B), by this Act) or otherwise determined by the Sec-
amount’’, (B) by moving subparagraph (A) two ems to retary; and
(B) in clause (i), by inserting ‘‘or applicable the left, and (2) remain available until expended and not
life insurance accounts’’ after ‘‘health benefit (C) by striking ‘‘BEFORE TRANSFER.—’’ and all be transferable.
accounts’’, and that follows through ‘‘The requirements of this TITLE II—RESEARCH, TECHNOLOGY, AND
(C) in clause (i), by striking ‘‘qualified current paragraph’’ and inserting the following: ‘‘BE- EDUCATION
retiree health liability’’ and inserting ‘‘qualified FORE TRANSFER.—The requirements of this para-
SEC. 52001. RESEARCH, TECHNOLOGY, AND EDU-
current retiree liability’’. graph’’.
CATION.
(7) The heading for subsection (f) of section (5) Paragraph (2) of section 420(d) of such
420 of such Code is amended by striking Code is amended by striking ‘‘after December 31, Section 501 of title 23, United States Code, is
‘‘HEALTH’’ each place it occurs. 1990’’. amended—
(8) Subclause (II) of section 420(f)(2)(B)(ii) of (h) EFFECTIVE DATE.— (1) by redesignating paragraph (2) as para-
such Code is amended by inserting ‘‘or applica- (1) IN GENERAL.—The amendments made by graph (8);
ble life insurance account, as the case may be,’’ this section shall apply to transfers made after (2) by inserting after paragraph (1) the fol-
after ‘‘health benefits account’’. the date of the enactment of this Act. lowing:
(9) Subclause (III) of section 420(f)(2)(E)(i) of (2) CONFORMING AMENDMENTS RELATING TO ‘‘(2) INCIDENT.—The term ‘incident’ means a
such Code is amended— PENSION PROTECTION ACT.—The amendments
crash, natural disaster, workzone activity, spe-
(A) by inserting ‘‘defined benefit’’ before made by subsections (b)(3)(B) and (f) shall take cial event, or other emergency road user occur-
‘‘plan maintained by an employer’’, and effect as if included in the amendments made by rence that adversely affects or impedes the nor-
(B) by inserting ‘‘health’’ before ‘‘benefit section 841(a) of the Pension Protection Act of mal flow of traffic.
plans maintained by the employer’’. ‘‘(3) INNOVATION LIFECYCLE.—The term ‘inno-
2006.
(10) Paragraphs (4) and (6) of section 420(f) of vation lifecycle’ means the process of innovating
Subtitle C—Additional Transfers to Highway through—
such Code are each amended by striking ‘‘collec- Trust Fund
tively bargained retiree health liabilities’’ each ‘‘(A) the identification of a need;
place it occurs and inserting ‘‘collectively bar- SEC. 40251. ADDITIONAL TRANSFERS TO HIGH- ‘‘(B) the establishment of the scope of re-
WAY TRUST FUND. search to address that need;
gained retiree liabilities’’.
(11) Subparagraph (A) of section 420(f)(6) of Subsection (f) of section 9503 of the Internal ‘‘(C) setting an agenda;
such Code is amended— Revenue Code of 1986, as amended by this Act, ‘‘(D) carrying out research, development, de-
(A) in clauses (i) and (ii), by inserting ‘‘, in is amended by redesignating paragraph (4) as ployment, and testing of the resulting tech-
the case of a transfer to a health benefits ac- paragraph (5) and by inserting after paragraph nology or innovation; and
count,’’ before ‘‘his covered spouse and depend- (3) the following new paragraph: ‘‘(E) carrying out an evaluation of the costs
ents’’, and ‘‘(4) ADDITIONAL APPROPRIATIONS TO TRUST and benefits of the resulting technology or inno-
(B) in clause (ii), by striking ‘‘health plan’’ FUND.—Out of money in the Treasury not other- vation.
and inserting ‘‘plan’’. wise appropriated, there is hereby appropriated ‘‘(4) INTELLIGENT TRANSPORTATION INFRA-
(12) Subparagraph (B) of section 420(f)(6) of to— STRUCTURE.—The term ‘intelligent transpor-
such Code is amended— ‘‘(A) the Highway Account (as defined in sub- tation infrastructure’ means fully integrated
(A) in clause (i), by inserting ‘‘, and collec- section (e)(5)(B)) in the Highway Trust Fund— public sector intelligent transportation system
tively bargained life insurance benefits,’’ after ‘‘(i) for fiscal year 2013, $6,200,000,000, and components, as defined by the Secretary.
‘‘collectively bargained health benefits’’, ‘‘(ii) for fiscal year 2014, $10,400,000,000, and ‘‘(5) INTELLIGENT TRANSPORTATION SYSTEM.—
(B) in clause (ii)— ‘‘(B) the Mass Transit Account in the High- The terms ‘intelligent transportation system’
(i) by adding at the end the following: ‘‘The way Trust Fund, for fiscal year 2014, and ‘ITS’ mean electronics, photonics, commu-
preceding sentence shall be applied separately $2,200,000,000.’’. nications, or information processing used singly
for collectively bargained health benefits and DIVISION E—RESEARCH AND EDUCATION or in combination to improve the efficiency or
collectively bargained life insurance benefits.’’, SEC. 50001. SHORT TITLE. safety of a surface transportation system.
and ‘‘(6) NATIONAL ARCHITECTURE.—For purposes
This division may be cited as the ‘‘Transpor-
(ii) by inserting ‘‘, applicable life insurance of this chapter, the term ‘national architecture’
tation Research and Innovative Technology Act
accounts,’’ after ‘‘health benefit accounts’’, and means the common framework for interoper-
of 2012’’.
(C) by striking ‘‘HEALTH’’ in the heading ability that defines—
TITLE I—FUNDING ‘‘(A) the functions associated with intelligent
thereof.
(13) Subparagraph (E) of section 420(f)(6) of SEC. 51001. AUTHORIZATION OF APPROPRIA- transportation system user services;
such Code, as redesignated by subsection (b), is TIONS. ‘‘(B) the physical entities or subsystems with-
amended— (a) IN GENERAL.—The following amounts are in which the functions reside;
(A) by striking ‘‘bargained health’’ and in- authorized to be appropriated out of the High- ‘‘(C) the data interfaces and information
serting ‘‘bargained’’, way Trust Fund (other than the Mass Transit flows between physical subsystems; and
(B) by inserting ‘‘, or a group-term life insur- Account): ‘‘(D) the communications requirements associ-
ance plan or arrangement for retired employ- (1) HIGHWAY RESEARCH AND DEVELOPMENT ated with the information flows.
ees,’’ after ‘‘dependents’’, and PROGRAM.—To carry out sections 503(b), 503(d), ‘‘(7) PROJECT.—The term ‘project’ means an
(C) by striking ‘‘HEALTH’’ in the heading and 509 of title 23, United States Code, undertaking to research, develop, or operation-
thereof. $115,000,000 for each of fiscal years 2013 and ally test intelligent transportation systems or
(14) Section 101(e) of the Employee Retirement 2014. any other undertaking eligible for assistance
Income Security Act of 1974 (29 U.S.C. 1021(e)) is (2) TECHNOLOGY AND INNOVATION DEPLOYMENT under this chapter.’’; and
amended— PROGRAM.—To carry out section 503(c) of title (3) by inserting after paragraph (8) (as so re-
(A) in paragraphs (1) and (2), by inserting ‘‘or 23, United States Code, $62,500,000 for each of designated) the following:
applicable life insurance account’’ after ‘‘health fiscal years 2013 and 2014. ‘‘(9) STANDARD.—The term ‘standard’ means a
benefits account’’ each place it appears, and (3) TRAINING AND EDUCATION.—To carry out document that—
(B) in paragraph (1), by inserting ‘‘or applica- section 504 of title 23, United States Code, ‘‘(A) contains technical specifications or other
ble life insurance benefit liabilities’’ after $24,000,000 for each of fiscal years 2013 and 2014. precise criteria for intelligent transportation
‘‘health benefits liabilities’’. (4) INTELLIGENT TRANSPORTATION SYSTEMS systems that are to be used consistently as rules,
(f) TECHNICAL CORRECTION.—Clause (iii) of PROGRAM.—To carry out sections 512 through guidelines, or definitions of characteristics so as
section 420(f)(6)(B) of the Internal Revenue 518 of title 23, United States Code, $100,000,000 to ensure that materials, products, processes,
Code of 1986 is amended by striking ‘‘416(I)(1)’’ for each of fiscal years 2013 and 2014. and services are fit for the intended purposes of
and inserting ‘‘416(i)(1)’’. (5) UNIVERSITY TRANSPORTATION CENTERS PRO- the materials, products, processes, and services;
(g) REPEAL OF DEADWOOD.— GRAM.—To carry out section 5505 of title 49, and
(1) Subparagraph (A) of section 420(b)(1) of United States Code, $72,500,000 for each of fiscal ‘‘(B) may support the national architecture
the Internal Revenue Code of 1986 is amended years 2013 and 2014. and promote—
by striking ‘‘in a taxable year beginning after (6) BUREAU OF TRANSPORTATION STATISTICS.— ‘‘(i) the widespread use and adoption of intel-
December 31, 1990’’. To carry out chapter 63 of title 49, United States ligent transportation system technology as a
component of the surface transportation systems (iii) in the third sentence, by striking ‘‘All ‘‘(v) has not received a grant to perform re-
of the United States; and evaluations’’ and inserting the following: search on the same issue for which the prize is
‘‘(ii) interoperability among intelligent trans- ‘‘(D) AVAILABILITY OF EVALUATIONS.—All awarded.
portation system technologies implemented evaluations under this paragraph’’; and ‘‘(F) LIABILITY.—
throughout the States.’’. (iv) by inserting after subparagraph (B) the ‘‘(i) ASSUMPTION OF RISK.—
SEC. 52002.SURFACE TRANSPORTATION RE- following: ‘‘(I) IN GENERAL.—A registered participant
SEARCH, DEVELOPMENT, AND TECH- ‘‘(C) PROGRAM PLAN.—To the maximum extent shall agree to assume any and all risks and
NOLOGY. practicable, each program pursued under this waive claims against the Federal Government
(a) SURFACE TRANSPORTATION RESEARCH, DE- chapter shall be part of a data-driven, outcome- and its related entities, except in the case of
VELOPMENT, AND TECHNOLOGY.—Section 502 of oriented program plan.’’; and willful misconduct, for any injury, death, dam-
title 23, United States Code, is amended— (I) in paragraph (9) (as redesignated by sub- age, or loss of property, revenue, or profits,
(1) in the section heading by inserting ‘‘, DE- paragraph (A)), by striking ‘‘surface’’; whether direct, indirect, or consequential, aris-
VELOPMENT, AND TECHNOLOGY’’ after (3) in subsection (b)— ing from participation in a competition, whether
‘‘SURFACE TRANSPORTATION RE- (A) in paragraph (4) by striking ‘‘surface such injury, death, damage, or loss arises
SEARCH’’; transportation research and technology develop- through negligence or otherwise.
(2) in subsection (a)— ment strategic plan developed under section ‘‘(II) RELATED ENTITY.—In this subparagraph,
(A) by redesignating paragraphs (1) through 508’’ and inserting ‘‘transportation research and the term ‘related entity’ means a contractor,
(8) as paragraphs (2) through (9), respectively; development strategic plan of the Secretary de- subcontractor (at any tier), supplier, user, cus-
(B) by inserting before paragraph (2) (as re- veloped under section 508’’; tomer, cooperating party, grantee, investigator,
designated by subparagraph (A)) the following: (B) in paragraph (5) by striking ‘‘section’’ or detailee.
‘‘(1) APPLICABILITY.—The research, develop- each place it appears and inserting ‘‘chapter’’; ‘‘(ii) FINANCIAL RESPONSIBILITY.—A partici-
ment, and technology provisions of this section (C) in paragraph (6) by adding at the end the pant shall obtain liability insurance or dem-
shall apply throughout this chapter.’’; following: onstrate financial responsibility, in amounts de-
(C) in paragraph (2) (as redesignated by sub- ‘‘(C) TRANSFER OF AMOUNTS AMONG STATES OR termined by the Secretary, for claims by—
paragraph (A))— TO FEDERAL HIGHWAY ADMINISTRATION.—The ‘‘(I) a third party for death, bodily injury, or
(i) by inserting ‘‘within the innovation Secretary may, at the request of a State, trans- property damage, or loss resulting from an ac-
lifecycle’’ after ‘‘activities’’; and fer amounts apportioned or allocated to that tivity carried out in connection with participa-
(ii) by inserting ‘‘communications, impact State under this chapter to another State or the tion in a competition, with the Federal Govern-
analysis,’’ after ‘‘training,’’; Federal Highway Administration to fund re- ment named as an additional insured under the
(D) in paragraph (3) (as redesignated by sub- search, development, and technology transfer registered participant’s insurance policy and
paragraph (A))— activities of mutual interest on a pooled funds registered participants agreeing to indemnify
(i) in subparagraph (B) by striking ‘‘supports basis. the Federal Government against third party
research in which there is a clear public benefit ‘‘(D) TRANSFER OF OBLIGATION AUTHORITY.— claims for damages arising from or related to
and’’ and inserting ‘‘delivers a clear public ben- Obligation authority for amounts transferred competition activities; and
efit and occurs where’’; under this subsection shall be disbursed in the ‘‘(II) the Federal Government for damage or
(ii) in subparagraph (C) by striking ‘‘or’’ after same manner and for the same amount as pro- loss to Government property resulting from such
the semicolon; vided for the project being transferred.’’; and an activity.
(iii) by redesignating subparagraph (D) as (D) by adding at the end the following: ‘‘(G) JUDGES.—
subparagraph (I); and ‘‘(7) PRIZE COMPETITIONS.— ‘‘(i) SELECTION.—Subject to clause (iii), for
(iv) by inserting after subparagraph (C) the ‘‘(A) IN GENERAL.—The Secretary may use up each prize competition, the Secretary, either di-
following: to 1 percent of the funds made available under rectly or through an agreement under subpara-
‘‘(D) meets and addresses current or emerging
section 51001 of the Transportation Research graph (H), may appoint 1 or more qualified
needs;
and Innovative Technology Act of 2012 to carry judges to select the winner or winners of the
‘‘(E) addresses current gaps in research;
‘‘(F) presents the best means to align re- out a program to competitively award cash prize competition on the basis of the criteria de-
sources with multiyear plans and priorities; prizes to stimulate innovation in basic and ap- scribed in subparagraph (D).
‘‘(G) ensures the coordination of highway re- plied research and technology development that ‘‘(ii) SELECTION.—Judges for each competition
search and technology transfer activities, in- has the potential for application to the national shall include individuals from outside the Fed-
cluding through activities performed by univer- transportation system. eral Government, including the private sector.
sity transportation centers; ‘‘(B) TOPICS.—In selecting topics for prize ‘‘(iii) LIMITATIONS.—A judge selected under
‘‘(H) educates transportation professionals; competitions under this paragraph, the Sec- this subparagraph may not—
or’’; retary shall— ‘‘(I) have personal or financial interests in, or
(E) in paragraph (4) (as redesignated by sub- ‘‘(i) consult with a wide variety of govern- be an employee, officer, director, or agent of,
paragraph (A)) by striking subparagraphs (B) mental and nongovernmental representatives; any entity that is a registered participant in a
through (D) and inserting the following: and prize competition under this paragraph; or
‘‘(B) partner with State highway agencies and ‘‘(ii) give consideration to prize goals that ‘‘(II) have a familial or financial relationship
other stakeholders as appropriate to facilitate demonstrate innovative approaches and strate- with an individual who is a registered partici-
research and technology transfer activities; gies to improve the safety, efficiency, and sus- pant.
‘‘(C) communicate the results of ongoing and tainability of the national transportation sys- ‘‘(H) ADMINISTERING THE COMPETITION.—The
completed research; tem. Secretary may enter into an agreement with a
‘‘(D) lead efforts to coordinate national em- ‘‘(C) ADVERTISING.—The Secretary shall en- private, nonprofit entity to administer the prize
phasis areas of highway research, technology, courage participation in the prize competitions competition, subject to the provisions of this
and innovation deployment; through advertising efforts. paragraph.
‘‘(E) leverage partnerships with industry, aca- ‘‘(D) REQUIREMENTS AND REGISTRATION.—For ‘‘(I) FUNDING.—
demia, international entities, and State depart- each prize competition, the Secretary shall pub- ‘‘(i) IN GENERAL.—
ments of transportation; lish a notice on a public website that describes— ‘‘(I) PRIVATE SECTOR FUNDING.—A cash prize
‘‘(F) lead efforts to reduce unnecessary dupli- ‘‘(i) the subject of the competition; under this paragraph may consist of funds ap-
cation of effort; and ‘‘(ii) the eligibility rules for participation in propriated by the Federal Government and
‘‘(G) lead efforts to accelerate innovation de- the competition; funds provided by the private sector.
livery.’’; ‘‘(iii) the amount of the prize; and ‘‘(II) GOVERNMENT FUNDING.—The Secretary
(F) in paragraph (5)(C) (as redesignated by ‘‘(iv) the basis on which a winner will be se- may accept funds from other Federal agencies,
subparagraph (A)) by striking ‘‘policy and plan- lected. State and local governments, and metropolitan
ning’’ and inserting ‘‘all highway objectives ‘‘(E) ELIGIBILITY.—An individual or entity planning organizations for a cash prize under
seeking to improve the performance of the trans- may not receive a prize under this paragraph this paragraph.
portation system’’; unless the individual or entity— ‘‘(III) NO SPECIAL CONSIDERATION.—The Sec-
(G) in paragraph (6) (as redesignated by sub- ‘‘(i) has registered to participate in the com- retary may not give any special consideration to
paragraph (A)) in the second sentence, by in- petition pursuant to any rules promulgated by any private sector entity in return for a dona-
serting ‘‘tribal governments,’’ after ‘‘local gov- the Secretary under this section; tion under this subparagraph.
ernments,’’; ‘‘(ii) has complied with all requirements under ‘‘(ii) AVAILABILITY OF FUNDS.—Notwith-
(H) in paragraph (8) (as redesignated by sub- this paragraph; standing any other provision of law, amounts
paragraph (A))— ‘‘(iii)(I) in the case of a private entity, is in- appropriated for prize awards under this para-
(i) in the first sentence, by striking ‘‘To the corporated in, and maintains a primary place of graph—
maximum’’ and inserting the following: business in, the United States; or ‘‘(I) shall remain available until expended;
‘‘(A) IN GENERAL.—To the maximum’’; ‘‘(II) in the case of an individual, whether and
(ii) in the second sentence, by striking ‘‘Per- participating singly or in a group, is a citizen or ‘‘(II) may not be transferred, reprogrammed,
formance measures’’ and inserting the fol- permanent resident of the United States; or expended for other purposes until after the
lowing: ‘‘(iv) is not a Federal entity or Federal em- expiration of the 10-year period beginning on
‘‘(B) PERFORMANCE MEASURES.—Performance ployee acting within the scope of his or her em- the last day of the fiscal year for which the
measures’’; ployment; and funds were originally appropriated.
‘‘(iii) SAVINGS PROVISION.—Nothing in this funding for execution was allocated among the ‘‘(xi) human factors studies and measures;
subparagraph may be construed to permit the accounts of the agency for recording as obliga- ‘‘(xii) safety technology deployment;
obligation or payment of funds in violation of tions and expenditures; and ‘‘(xiii) safety workforce professional capacity
the Anti-Deficiency Act (31 U.S.C. 1341). ‘‘(ff) a description of how each prize competi- building initiatives;
‘‘(iv) PRIZE ANNOUNCEMENT.—A prize may not tion advanced the mission of the Department.’’; ‘‘(xiv) safety program and process improve-
be announced under this paragraph until all the (4) in subsection (c)— ments; and
funds needed to pay out the announced amount (A) in paragraph (3)(A)— ‘‘(xv) tools and methods to enhance safety
of the prize have been appropriated by a govern- (i) by striking ‘‘subsection’’ and inserting performance, including achievement of state-
mental source or committed to in writing by a ‘‘chapter’’; and wide safety performance targets.
private source. (ii) by striking ‘‘50’’ and inserting ‘‘80’’; and ‘‘(3) IMPROVING INFRASTRUCTURE INTEGRITY.—
‘‘(v) PRIZE INCREASES.—The Secretary may in- (B) in paragraph (4) by striking ‘‘subsection’’ ‘‘(A) IN GENERAL.—The Secretary shall carry
crease the amount of a prize after the initial an- and inserting ‘‘chapter’’; and out and facilitate highway and bridge infra-
nouncement of the prize under this paragraph (5) by striking subsections (d) through (j). structure research and development activities—
if— (b) CONFORMING AMENDMENT.—The analysis ‘‘(i) to maintain infrastructure integrity;
for chapter 5 of title 23, United States Code, is ‘‘(ii) to meet user needs; and
‘‘(I) notice of the increase is provided in the
‘‘(iii) to link Federal transportation invest-
same manner as the initial notice of the prize; amended by striking the item relating to section
ments to improvements in system performance.
and 502 and inserting the following:
‘‘(B) OBJECTIVES.—In carrying out this para-
‘‘(II) the funds needed to pay out the an- ‘‘502. Surface transportation research, develop- graph, the Secretary shall carry out research
nounced amount of the increase have been ap- ment, and technology.’’ and development activities—
propriated by a governmental source or com- SEC. 52003. RESEARCH AND TECHNOLOGY DEVEL- ‘‘(i) to reduce the number of fatalities attrib-
mitted to in writing by a private source. OPMENT AND DEPLOYMENT. utable to infrastructure design characteristics
‘‘(vi) CONGRESSIONAL NOTIFICATION.—A prize (a) IN GENERAL.—Section 503 of title 23, and work zones;
competition under this paragraph may offer a United States Code, is amended to read as fol- ‘‘(ii) to improve the safety and security of
prize in an amount greater than $1,000,000 only lows: highway infrastructure;
after 30 days have elapsed after written notice ‘‘(iii) to increase the reliability of lifecycle
has been transmitted to the Committee on Com- ‘‘§ 503. Research and technology development
and deployment performance predictions used in infrastructure
merce, Science, and Transportation of the Sen- design, construction, and management;
ate and the Committees on Transportation and ‘‘(a) IN GENERAL.—The Secretary shall— ‘‘(iv) to improve the ability of transportation
Infrastructure and Science, Space, and Tech- ‘‘(1) carry out research, development, and de- agencies to deliver projects that meet expecta-
nology of the House of Representatives. ployment activities that encompass the entire in- tions for timeliness, quality, and cost;
‘‘(vii) AWARD LIMIT.—A prize competition novation lifecycle; and ‘‘(v) to reduce user delay attributable to infra-
under this section may not result in the award ‘‘(2) ensure that all research carried out under structure system performance, maintenance, re-
of more than $25,000 in cash prizes without the this section aligns with the transportation rehabilitation, and construction;
approval of the Secretary. search and development strategic plan of the ‘‘(vi) to improve highway condition and per-
‘‘(J) COMPLIANCE WITH EXISTING LAW.—The Secretary under section 508. formance through increased use of design, mate-
Federal Government shall not, by virtue of of- ‘‘(b) HIGHWAY RESEARCH AND DEVELOPMENT rials, construction, and maintenance innova-
fering or providing a prize under this para- PROGRAM.— tions;
graph, be responsible for compliance by reg- ‘‘(1) OBJECTIVES.—In carrying out the high- ‘‘(vii) to reduce the environmental impacts of
istered participants in a prize competition with way research and development program, the highway infrastructure through innovations in
Federal law, including licensing, export control, Secretary, to address current and emerging design, construction, operation, preservation,
and non-proliferation laws, and related regula- highway transportation needs, shall— and maintenance; and
tions. ‘‘(A) identify research topics; ‘‘(viii) to study vulnerabilities of the transpor-
‘‘(K) NOTICE AND ANNUAL REPORT.— ‘‘(B) coordinate research and development ac- tation system to seismic activities and extreme
‘‘(i) IN GENERAL.—Not later than 30 days prior tivities; events and methods to reduce those
to carrying out an activity under subparagraph ‘‘(C) carry out research, testing, and evalua- vulnerabilities.
(A), the Secretary shall notify the Committees tion activities; and ‘‘(C) CONTENTS.—Research and technology ac-
on Transportation and Infrastructure and ‘‘(D) provide technology transfer and tech- tivities carried out under this paragraph may
Science, Space, and Technology of the House of nical assistance. include—
Representatives and the Committees on Environ- ‘‘(2) IMPROVING HIGHWAY SAFETY.— ‘‘(i) long-term infrastructure performance pro-
ment and Public Works and Commerce, Science, ‘‘(A) IN GENERAL.—The Secretary shall carry grams addressing pavements, bridges, tunnels,
and Transportation of the Senate of the intent out research and development activities from an and other structures;
to use such authority. integrated perspective to establish and imple- ‘‘(ii) short-term and accelerated studies of in-
‘‘(ii) REPORTS.— ment systematic measures to improve highway frastructure performance;
‘‘(I) IN GENERAL.—The Secretary shall submit safety. ‘‘(iii) research to develop more durable infra-
to the committees described in clause (i) on an ‘‘(B) OBJECTIVES.—In carrying out this para- structure materials and systems;
annual basis a report on the activities carried graph, the Secretary shall carry out research ‘‘(iv) advanced infrastructure design methods;
out under subparagraph (A) in the preceding and development activities— ‘‘(v) accelerated highway and bridge construc-
fiscal year if the Secretary exercised the author- ‘‘(i) to achieve greater long-term safety gains; tion;
ity under subparagraph (A) in that fiscal year. ‘‘(ii) to reduce the number of fatalities and se- ‘‘(vi) performance-based specifications;
‘‘(II) INFORMATION INCLUDED.—A report under rious injuries on public roads; ‘‘(vii) construction and materials quality as-
this subparagraph shall include, for each prize ‘‘(iii) to fill knowledge gaps that limit the ef- surance;
‘‘(viii) comprehensive and integrated infra-
competition under subparagraph (A)— fectiveness of research;
‘‘(aa) a description of the proposed goals of structure asset management;
‘‘(iv) to support the development and imple-
‘‘(ix) infrastructure safety assurance;
the prize competition; mentation of State strategic highway safety ‘‘(x) sustainable infrastructure design and
‘‘(bb) an analysis of why the use of the au- plans; construction;
thority under subparagraph (A) was the pref- ‘‘(v) to advance improvements in, and use of, ‘‘(xi) infrastructure rehabilitation and preser-
erable method of achieving the goals described performance prediction analysis for decision- vation techniques, including techniques to reha-
in item (aa) as opposed to other authorities making; and bilitate and preserve historic infrastructure;
available to the Secretary, such as contracts, ‘‘(vi) to expand technology transfer to part- ‘‘(xii) hydraulic, geotechnical, and aero-
grants, and cooperative agreements; ners and stakeholders. dynamic aspects of infrastructure;
‘‘(cc) the total amount of cash prizes awarded ‘‘(C) CONTENTS.—Research and technology ac- ‘‘(xiii) improved highway construction tech-
for each prize competition, including a descrip- tivities carried out under this paragraph may nologies and practices;
tion of the amount of private funds contributed include— ‘‘(xiv) improved tools, technologies, and mod-
to the program, the source of such funds, and ‘‘(i) safety assessments and decisionmaking els for infrastructure management, including as-
the manner in which the amounts of cash prizes tools; sessment and monitoring of infrastructure con-
awarded and claimed were allocated among the ‘‘(ii) data collection and analysis; dition;
accounts of the Department for recording as ob- ‘‘(iii) crash reduction projections; ‘‘(xv) studies to improve flexibility and resil-
ligations and expenditures; ‘‘(iv) low-cost safety countermeasures; iency of infrastructure systems to withstand cli-
‘‘(dd) the methods used for the solicitation ‘‘(v) innovative operational improvements and mate variability;
and evaluation of submissions under each prize designs of roadway and roadside features; ‘‘(xvi) studies on the effectiveness of fiber-
competition, together with an assessment of the ‘‘(vi) evaluation of countermeasure costs and based additives to improve the durability of sur-
effectiveness of such methods and lessons benefits; face transportation materials in various geo-
learned for future prize competitions; ‘‘(vii) development of tools for projecting im- graphic regions;
‘‘(ee) a description of the resources, including pacts of safety countermeasures; ‘‘(xvii) studies of infrastructure resilience and
personnel and funding, used in the execution of ‘‘(viii) rural road safety measures; other adaptation measures;
each prize competition together with a detailed ‘‘(ix) safety measures for vulnerable road ‘‘(xviii) maintenance of seismic research ac-
description of the activities for which such re- users, including bicyclists and pedestrians; tivities, including research carried out in con-
sources were used and an accounting of how ‘‘(x) safety policy studies; junction with other Federal agencies to study
the vulnerability of the transportation system to ‘‘(i) creation of models and tools for evalu- ‘‘(7) TURNER-FAIRBANK HIGHWAY RESEARCH
seismic activity and methods to reduce that vul- ating transportation measures and transpor- CENTER.—
nerability; and tation system designs, including the costs and ‘‘(A) IN GENERAL.—The Secretary shall con-
‘‘(xix) technology transfer and adoption of benefits; tinue to operate in the Federal Highway Admin-
permeable, pervious, or porous paving materials, ‘‘(ii) congestion reduction efforts; istration a Turner-Fairbank Highway Research
practices, and systems that are designed to mini- ‘‘(iii) transportation and economic develop- Center.
mize environmental impacts, stormwater runoff, ment planning in rural areas and small commu- ‘‘(B) USES OF THE CENTER.—The Turner-
and flooding and to treat or remove pollutants nities; Fairbank Highway Research Center shall sup-
by allowing stormwater to infiltrate through the ‘‘(iv) improvement of State, local, and tribal port—
pavement in a manner similar to predevelopment government capabilities relating to surface ‘‘(i) the conduct of highway research and de-
hydrologic conditions. transportation planning and the environment; velopment relating to emerging highway tech-
‘‘(D) LIFECYCLE COSTS ANALYSIS STUDY.— and nology;
‘‘(i) IN GENERAL.—In this subparagraph, the ‘‘(v) streamlining of project delivery processes. ‘‘(ii) the development of understandings, tools,
term ‘lifecycle costs analysis’ means a process ‘‘(5) REDUCING CONGESTION, IMPROVING HIGH- and techniques that provide solutions to com-
for evaluating the total economic worth of a us- WAY OPERATIONS, AND ENHANCING FREIGHT PRO- plex technical problems through the develop-
able project segment by analyzing initial costs DUCTIVITY.— ment of economical and environmentally sen-
and discounted future costs, such as mainte- ‘‘(A) IN GENERAL.—The Secretary shall carry sitive designs, efficient and quality-controlled
nance, user, reconstruction, rehabilitation, re- out research under this paragraph with the construction practices, and durable materials;
storing, and resurfacing costs, over the life of goals of— ‘‘(iii) the development of innovative highway
the project segment. ‘‘(i) addressing congestion problems; products and practices; and
‘‘(ii) STUDY.—The Comptroller General shall ‘‘(ii) reducing the costs of congestion; ‘‘(iv) the conduct of long-term, high-risk re-
conduct a study of the best practices for calcu- ‘‘(iii) improving freight movement; search to improve the materials used in highway
lating lifecycle costs and benefits for federally ‘‘(iv) increasing productivity; and infrastructure.
funded highway projects, which shall include, ‘‘(v) improving the economic competitiveness ‘‘(8) INFRASTRUCTURE INVESTMENT NEEDS RE-
at a minimum, a thorough literature review and of the United States. PORT.—
a survey of current lifecycle cost practices of ‘‘(B) OBJECTIVES.—In carrying out this para- ‘‘(A) IN GENERAL.—Not later than July 31,
State departments of transportation. graph, the Secretary shall carry out research 2013, and July 31 of every second year there-
‘‘(iii) CONSULTATION.—In carrying out the and development activities to identify, develop, after, the Secretary shall submit to the Com-
study, the Comptroller shall consult with, at a and assess innovations that have the potential— mittee on Transportation and Infrastructure of
minimum— ‘‘(i) to reduce traffic congestion; the House of Representatives and the Committee
‘‘(I) the American Association of State High- ‘‘(ii) to improve freight movement; and on Environment and Public Works of the Senate
way and Transportation Officials; ‘‘(iii) to reduce freight-related congestion a report that describes estimates of the future
‘‘(II) appropriate experts in the field of throughout the transportation network. highway and bridge needs of the United States
lifecycle cost analysis; and ‘‘(C) CONTENTS.—Research and technology ac- and the backlog of current highway and bridge
‘‘(III) appropriate industry experts and re- tivities carried out under this paragraph may needs.
search centers. include— ‘‘(B) COMPARISONS.—Each report under sub-
‘‘(E) REPORT.—Not later than 1 year after the ‘‘(i) active traffic and demand management; paragraph (A) shall include all information nec-
date of enactment of the Transportation Re- ‘‘(ii) acceleration of the implementation of In- essary to relate and compare the conditions and
search and Innovative Technology Act of 2012, telligent Transportation Systems technology; service measures used in the previous biennial
the Comptroller General shall submit to the ‘‘(iii) advanced transportation concepts and
reports to conditions and service measures used
Committee on Environment and Public Works of analysis;
in the current report.
the Senate and the Committees on Transpor- ‘‘(iv) arterial management and traffic signal
‘‘(C) INCLUSIONS.—Each report under sub-
tation and Infrastructure and Science, Space, operation; paragraph (A) shall provide recommendations to
and Technology of the House of Representatives ‘‘(v) congestion pricing;
Congress on changes to the highway perform-
a report on the results of the study which shall ‘‘(vi) corridor management;
ance monitoring system that address—
include— ‘‘(vii) emergency operations;
‘‘(i) improvements to the quality and stand-
‘‘(i) a summary of the latest research on ‘‘(viii) research relating to enabling tech-
ardization of data collection on all functional
lifecycle cost analysis; and nologies and applications;
‘‘(ii) recommendations on the appropriate— ‘‘(ix) freeway management; classifications of Federal-aid highways for ac-
‘‘(I) period of analysis; ‘‘(x) evaluation of enabling technologies; curate system length, lane length, and vehicle-
‘‘(II) design period; ‘‘(xi) impacts of vehicle size and weight on mile of travel; and
‘‘(III) discount rates; and congestion; ‘‘(ii) changes to the reporting requirements
‘‘(IV) use of actual material life and mainte- ‘‘(xii) freight operations and technology; authorized under section 315, to reflect rec-
nance cost data. ‘‘(xiii) operations and freight performance ommendations under this paragraph for collec-
‘‘(4) STRENGTHENING TRANSPORTATION PLAN- measurement and management; tion, storage, analysis, reporting, and display of
NING AND ENVIRONMENTAL DECISIONMAKING.— ‘‘(xiv) organization and planning for oper- data for Federal-aid highways and, to the max-
‘‘(A) IN GENERAL.—The Secretary may carry ations; imum extent practical, all public roads.
out research— ‘‘(xv) planned special events management; ‘‘(c) TECHNOLOGY AND INNOVATION DEPLOY-
‘‘(i) to minimize the cost of transportation ‘‘(xvi) real-time transportation information; MENT PROGRAM.—
planning and environmental decisionmaking ‘‘(xvii) road weather management; ‘‘(1) IN GENERAL.—The Secretary shall carry
processes; ‘‘(xviii) traffic and freight data and analysis out a technology and innovation deployment
‘‘(ii) to improve transportation planning and tools; program relating to all aspects of highway
environmental decisionmaking processes; and ‘‘(xix) traffic control devices; transportation, including planning, financing,
‘‘(iii) to minimize the potential impact of sur- ‘‘(xx) traffic incident management; operation, structures, materials, pavements, en-
face transportation on the environment. ‘‘(xxi) work zone management; vironment, construction, and the duration of
‘‘(B) OBJECTIVES.—In carrying out this para- time between project planning and project deliv-
‘‘(xxii) communication of travel, roadway,
graph the Secretary may carry out research and ery, with the goals of—
and emergency information to persons with dis-
development activities— ‘‘(A) significantly accelerating the adoption of
abilities;
‘‘(i) to minimize the cost of highway infra-
‘‘(xxiii) research on enhanced mode choice innovative technologies by the surface transpor-
structure and operations;
and intermodal connectivity; tation community;
‘‘(ii) to reduce the potential impact of high-
‘‘(xxiv) techniques for estimating and quanti- ‘‘(B) providing leadership and incentives to
way infrastructure and operations on the envi-
fying public benefits derived from freight trans- demonstrate and promote state-of-the-art tech-
ronment;
‘‘(iii) to advance improvements in environ- portation projects; and nologies, elevated performance standards, and
mental analyses and processes and context sen- ‘‘(xxv) other research areas to identify and new business practices in highway construction
sitive solutions for transportation decision- address emerging needs related to freight trans- processes that result in improved safety, faster
making; portation by all modes. construction, reduced congestion from construc-
‘‘(iv) to improve construction techniques; ‘‘(6) EXPLORATORY ADVANCED RESEARCH.—The tion, and improved quality and user satisfac-
‘‘(v) to accelerate construction to reduce con- Secretary shall carry out research and develop- tion;
gestion and related emissions; ment activities relating to exploratory advanced ‘‘(C) constructing longer-lasting highways
‘‘(vi) to reduce the impact of highway runoff research— through the use of innovative technologies and
on the environment; ‘‘(A) to leverage the targeted capabilities of practices that lead to faster construction of effi-
‘‘(vii) to improve understanding and modeling the Turner-Fairbank Highway Research Center cient and safe highways and bridges;
of the factors that contribute to the demand for to develop technologies and innovations of na- ‘‘(D) improving highway efficiency, safety,
transportation; and tional importance; and mobility, reliability, service life, environmental
‘‘(viii) to improve transportation planning de- ‘‘(B) to develop potentially transformational protection, and sustainability; and
cisionmaking and coordination. solutions to improve the durability, efficiency, ‘‘(E) developing and deploying new tools,
‘‘(C) CONTENTS.—Research and technology ac- environmental impact, productivity, and safety techniques, and practices to accelerate the
tivities carried out under this paragraph may aspects of highway and intermodal transpor- adoption of innovation in all aspects of high-
include— tation systems. way transportation.
‘‘(2) IMPLEMENTATION.— SEC. 52004. TRAINING AND EDUCATION. action with the Secretary under this subsection,
‘‘(A) IN GENERAL.—The Secretary shall pro- Section 504 of title 23, United States Code, is or receiving a grant to perform research or pro-
mote, facilitate, and carry out the program es- amended— vide technical assistance under this subsection,
tablished under paragraph (1) to distribute the (1) in subsection (a)— shall be selected on a competitive basis.
products, technologies, tools, methods, or other (A) in paragraph (2)(A) by inserting ‘‘and the ‘‘(B) STRATEGIC PLAN.—The Secretary shall
findings that result from highway research and employees of any other applicable Federal agen- require each center to develop a multiyear stra-
development activities, including research and cy’’ before the semicolon at the end; and tegic plan, that—
development activities carried out under this (B) in paragraph (3)(A)(ii)(V) by striking ‘‘ex- ‘‘(i) is submitted to the Secretary at such time
chapter. pediting’’ and inserting ‘‘reducing the amount as the Secretary requires; and
‘‘(B) ACCELERATED INNOVATION DEPLOY- of time required for’’; ‘‘(ii) describes—
MENT.—In carrying out the program established (2) in subsection (b) by striking paragraph (3) ‘‘(I) the activities to be undertaken by the
under paragraph (1), the Secretary shall— and inserting the following: center; and
‘‘(i) establish and carry out demonstration ‘‘(3) FEDERAL SHARE.— ‘‘(II) how the work of the center will be co-
programs; ‘‘(A) LOCAL TECHNICAL ASSISTANCE CENTERS.— ordinated with the activities of the Federal
‘‘(ii) provide technical assistance, and train- ‘‘(i) IN GENERAL.—Subject to subparagraph Highway Administration and the various other
ing to researchers and developers; and (B), the Federal share of the cost of an activity research, development, and technology transfer
‘‘(iii) develop improved tools and methods to carried out by a local technical assistance cen- activities authorized under this chapter.’’.
accelerate the adoption of proven innovative ter under paragraphs (1) and (2) shall be 50 per- SEC. 52005. STATE PLANNING AND RESEARCH.
practices and technologies as standard prac- cent. Section 505 of title 23, United States Code, is
tices. ‘‘(ii) NON-FEDERAL SHARE.—The non-Federal amended—
‘‘(C) IMPLEMENTATION OF FUTURE STRATEGIC share of the cost of an activity described in (1) in subsection (a)—
HIGHWAY RESEARCH PROGRAM FINDINGS AND RE- clause (i) may consist of amounts provided to a (A) in the matter preceding paragraph (1) by
SULTS.— recipient under subsection (e) or section 505, up striking ‘‘section 104 (other than sections 104(f)
‘‘(i) IN GENERAL.—The Secretary, in consulta- to 100 percent of the non-Federal share. and 104(h)) and under section 144’’ and insert-
tion with the American Association of State ‘‘(B) TRIBAL TECHNICAL ASSISTANCE CEN- ing ‘‘paragraphs (1) through (4) of section
Highway and Transportation Officials and the TERS.—The Federal share of the cost of an ac- 104(b)’’; and
Transportation Research Board of the National tivity carried out by a tribal technical assistance (B) in paragraph (3) by striking ‘‘under sec-
Academy of Sciences, shall promote research re- center under paragraph (2)(D)(ii) shall be 100 tion 303’’ and inserting ‘‘, plans, and processes
sults and products developed under the future percent.’’; under sections 119, 148, 149, and 167’’;
(3) in subsection (c)(2)— (2) by redesignating subsections (c) and (d) as
strategic highway research program adminis-
(A) by striking ‘‘The Secretary’’ and inserting subsections (d) and (e), respectively;
tered by the Transportation Research Board of (3) by inserting after subsection (b) the fol-
the National Academy of Sciences. the following:
‘‘(A) IN GENERAL.—The Secretary’’; lowing:
‘‘(ii) BASIS FOR FINDINGS.—The activities car- ‘‘(c) IMPLEMENTATION OF FUTURE STRATEGIC
ried out under this subparagraph shall be based (B) in subparagraph (A) (as designated by
subparagraph (A)) by striking ‘‘. The program’’ HIGHWAY RESEARCH PROGRAM FINDINGS AND RE-
on the report submitted to Congress by the SULTS.—
Transportation Research Board of the National and inserting ‘‘, which program’’; and
(C) by adding at the end the following: ‘‘(1) FUNDS.—A State shall make available to
Academy of Sciences under section 510(e). the Secretary to carry out section 503(c)(2)(C) a
‘‘(iii) PERSONNEL.—The Secretary may use ‘‘(B) USE OF AMOUNTS.—Amounts provided to
institutions of higher education to carry out this percentage of funds subject to subsection (a)
funds made available to carry out this sub- that are apportioned to that State, that is
section for administrative costs under this subparagraph shall be used to provide direct sup-
port of student expenses.’’; agreed to by 3⁄4 of States for each of fiscal years
paragraph. 2013 and 2014.
‘‘(3) ACCELERATED IMPLEMENTATION AND DE- (4) in subsection (e)—
(A) in paragraph (1)— ‘‘(2) TREATMENT OF FUNDS.—Funds expended
PLOYMENT OF PAVEMENT TECHNOLOGIES.— under paragraph (1) shall not be considered to
(i) in the matter preceding subparagraph (A)
‘‘(A) IN GENERAL.—The Secretary shall estab- be part of the extramural budget of the agency
by striking ‘‘sections 104(b)(1), 104(b)(2),
lish and implement a program under the tech- for the purpose of section 9 of the Small Busi-
104(b)(3), 104(b)(4), and 144(e)’’ and inserting
nology and innovation deployment program to ness Act (15 U.S.C. 638).’’; and
‘‘paragraphs (1) through (4) of section 104(b)’’;
promote, implement, deploy, demonstrate, show- (4) in subsection (e) (as so redesignated) by
(ii) in subparagraph (D) by striking ‘‘and’’ at
case, support, and document the application of striking ‘‘section 118(b)(2)’’ and inserting ‘‘sec-
the end;
innovative pavement technologies, practices, tion 118(b)’’.
(iii) in subparagraph (E) by striking the pe-
performance, and benefits. SEC. 52006. INTERNATIONAL HIGHWAY TRANS-
riod and inserting a semicolon; and
‘‘(B) GOALS.—The goals of the accelerated im- PORTATION PROGRAM.
(iv) by adding at the end the following:
plementation and deployment of pavement tech- ‘‘(F) activities carried out by the National (a) IN GENERAL.—Section 506 of title 23,
nologies program shall include— Highway Institute under subsection (a); and United States Code, is repealed.
‘‘(i) the deployment of new, cost-effective de- ‘‘(G) local technical assistance programs (b) CONFORMING AMENDMENT.—The analysis
signs, materials, recycled materials, and prac- under subsection (b).’’; and for chapter 5 of title 23, United States Code, is
tices to extend the pavement life and perform- (B) in paragraph (2) by inserting ‘‘, except for amended by striking the item relating to section
ance and to improve user satisfaction; activities carried out under paragraph (1)(G), 506.
‘‘(ii) the reduction of initial costs and lifecycle for which the Federal share shall be 50 percent’’ SEC. 52007. SURFACE TRANSPORTATION ENVI-
costs of pavements, including the costs of new before the period at the end; RONMENTAL COOPERATIVE RE-
construction, replacement, maintenance, and re- (5) in subsection (f) in the heading, by strik- SEARCH PROGRAM.
habilitation; ing ‘‘PILOT’’; (a) IN GENERAL.—Section 507 of title 23,
‘‘(iii) the deployment of accelerated construc- (6) in subsection (g)(4)(F) by striking ‘‘excel- United States Code, is repealed.
tion techniques to increase safety and reduce lence’’ and inserting ‘‘stewardship’’; and (b) CONFORMING AMENDMENT.—The analysis
construction time and traffic disruption and (7) by adding at the end the following: for chapter 5 of title 23, United States Code, is
congestion; ‘‘(h) CENTERS FOR SURFACE TRANSPORTATION amended by striking the item relating to section
‘‘(iv) the deployment of engineering design EXCELLENCE.— 507.
criteria and specifications for new and efficient ‘‘(1) IN GENERAL.—The Secretary shall make SEC. 52008. NATIONAL COOPERATIVE FREIGHT
practices, products, and materials for use in grants under this section to establish and main- RESEARCH.
highway pavements; tain centers for surface transportation excel- (a) IN GENERAL.—Section 509 of title 23,
‘‘(v) the deployment of new nondestructive lence. United States Code, is repealed.
and real-time pavement evaluation technologies ‘‘(2) GOALS.—The goals of a center referred to (b) CONFORMING AMENDMENT.—The analysis
and construction techniques; and in paragraph (1) shall be to promote and sup- for chapter 5 of title 23, United States Code, is
‘‘(vi) effective technology transfer and infor- port strategic national surface transportation amended by striking the item relating to section
mation dissemination to accelerate implementa- programs and activities relating to the work of 509.
tion of new technologies and to improve life, State departments of transportation in the areas SEC. 52009. UNIVERSITY TRANSPORTATION CEN-
performance, cost effectiveness, safety, and user TERS PROGRAM.
of environment, surface transportation safety,
satisfaction. rural safety, and project finance. (a) IN GENERAL.—Section 5505 of title 49,
‘‘(C) FUNDING.—The Secretary shall obligate ‘‘(3) ROLE OF THE CENTERS.—To achieve the United States Code, is amended to read as fol-
for each of fiscal years 2013 through 2014 from goals set forth in paragraph (2), any centers es- lows:
funds made available to carry out this sub- tablished under paragraph (1) shall provide ‘‘§ 5505. University transportation centers pro-
section $12,000,000 to accelerate the deployment technical assistance, information sharing of best gram
and implementation of pavement technology.’’. practices, and training in the use of tools and ‘‘(a) UNIVERSITY TRANSPORTATION CENTERS
(b) CONFORMING AMENDMENT.—The analysis decisionmaking processes that can assist States PROGRAM.—
for chapter 5 of title 23, United States Code, is in effectively implementing surface transpor- ‘‘(1) ESTABLISHMENT AND OPERATION.—The
amended by striking the item relating to section tation programs, projects, and policies. Secretary shall make grants under this section
503 and inserting the following: ‘‘(4) PROGRAM ADMINISTRATION.— to eligible nonprofit institutions of higher edu-
‘‘503. Research and technology development and ‘‘(A) COMPETITION.—A party entering into a cation to establish and operate university trans-
deployment.’’. contract, cooperative agreement, or other transportation centers.
‘‘(2) ROLE OF CENTERS.—The role of each uni- such as through cost sharing and overall re- ‘‘(C) RESTRICTIONS.—For each fiscal year, a
versity transportation center referred to in para- duced overhead, facilities, and administrative grant made available under this paragraph
graph (1) shall be— costs. shall be $2,750,000 for each recipient.
‘‘(A) to advance transportation expertise and ‘‘(5) TRANSPARENCY.— ‘‘(D) MATCHING REQUIREMENTS.—
technology in the varied disciplines that com- ‘‘(A) IN GENERAL.—The Secretary shall pro- ‘‘(i) IN GENERAL.—As a condition of receiving
prise the field of transportation through edu- vide to each applicant, upon request, any mate- a grant under this paragraph, a grant recipient
cation, research, and technology transfer activi- rials, including copies of reviews (with any in- shall match 100 percent of the amounts made
ties; formation that would identify a reviewer re- available under the grant.
‘‘(B) to provide for a critical transportation dacted), used in the evaluation process of the ‘‘(ii) SOURCES.—The matching amounts re-
knowledge base outside of the Department of proposal of the applicant. ferred to in the clause (i) may include amounts
Transportation; and ‘‘(B) REPORTS.—The Secretary shall submit to made available to the recipient under section
‘‘(C) to address critical workforce needs and the Committees on Transportation and Infra- 504(b) or 505 of title 23.
educate the next generation of transportation structure and Science, Space, and Technology ‘‘(E) FOCUSED RESEARCH.—The Secretary shall
leaders. of the House of Representatives and the Com- make a grant to 1 of the 10 regional university
‘‘(b) COMPETITIVE SELECTION PROCESS.— mittee on Environment and Public Works of the transportation centers established under this
‘‘(1) APPLICATIONS.—To receive a grant under Senate a report describing the overall review paragraph for the purpose of furthering the ob-
this section, a nonprofit institution of higher process under paragraph (3) that includes— jectives described in subsection (a)(2) in the field
education shall submit to the Secretary an ap- ‘‘(i) specific criteria of evaluation used in the of comprehensive transportation safety.
plication that is in such form and contains such review; ‘‘(4) TIER 1 UNIVERSITY TRANSPORTATION CEN-
information as the Secretary may require. ‘‘(ii) descriptions of the review process; and TERS.—
‘‘(2) RESTRICTION.—A nonprofit institution of ‘‘(iii) explanations of the selected awards. ‘‘(A) IN GENERAL.—The Secretary shall pro-
higher education or the lead institution of a ‘‘(6) OUTSIDE STAKEHOLDERS.—The Secretary vide grants of $1,500,000 each to not more than
consortium of nonprofit institutions of higher shall, to the maximum extent practicable, con- 20 recipients to carry out this paragraph.
education, as applicable, that receives a grant sult external stakeholders such as the Transpor- ‘‘(B) RESTRICTION.—A lead institution of a
for a national transportation center or a re- tation Research Board of the National Academy consortium that receives a grant under para-
gional transportation center in a fiscal year of Sciences to evaluate and competitively review graph (2) or (3) shall not be eligible to receive a
shall not be eligible to receive as a lead institu- all proposals. grant under this paragraph.
tion or member of a consortium an additional ‘‘(c) GRANTS.— ‘‘(C) MATCHING REQUIREMENT.—
‘‘(1) IN GENERAL.—Not later than 1 year after ‘‘(i) IN GENERAL.—Subject to clause (iii), as a
grant in that fiscal year for a national transpor-
the date of enactment of the Transportation Re- condition of receiving a grant under this para-
tation center or a regional transportation cen-
search and Innovative Technology Act of 2012, graph, a grant recipient shall match 50 percent
ter.
the Secretary, in consultation as appropriate of the amounts made available under the grant.
‘‘(3) COORDINATION.—The Secretary shall so-
licit grant applications for national transpor- with the Administrators of the Federal Highway ‘‘(ii) SOURCES.—The matching amounts re-
tation centers, regional transportation centers, Administration and the Federal Transit Admin- ferred to in clause (i) may include amounts
and Tier 1 university transportation centers istration, shall select grant recipients under sub- made available to the recipient under section
with identical advertisement schedules and section (b) and make grant amounts available to 504(b) or 505 of title 23.
deadlines. the selected recipients. ‘‘(iii) EXEMPTION.—This subparagraph shall
‘‘(2) NATIONAL TRANSPORTATION CENTERS.— not apply on a demonstration of financial hard-
‘‘(4) GENERAL SELECTION CRITERIA.—
‘‘(A) IN GENERAL.—Subject to subparagraph ship by the applicant institution.
‘‘(A) IN GENERAL.—Except as otherwise pro-
(B), the Secretary shall provide grants to 5 re- ‘‘(D) FOCUSED RESEARCH.—In awarding
vided by this section, the Secretary shall award
cipients that the Secretary determines best meet grants under this paragraph, consideration
grants under this section in nonexclusive can-
the criteria described in subsection (b)(3). shall be given to minority institutions, as de-
didate topic areas established by the Secretary
‘‘(B) RESTRICTIONS.— fined by section 365 of the Higher Education Act
that address the research priorities identified in ‘‘(i) IN GENERAL.—For each fiscal year, a
section 503 of title 23. of 1965 (20 U.S.C. 1067k), or consortia that in-
grant made available under this paragraph
‘‘(B) CRITERIA.—The Secretary, in consulta- clude such institutions that have demonstrated
shall be $3,000,000 per recipient.
tion as appropriate with the Administrators of ‘‘(ii) FOCUSED RESEARCH.—The grant recipi- an ability in transportation-related research.
the Federal Highway Administration and the ‘‘(d) PROGRAM COORDINATION.—
ents under this paragraph shall focus research
Federal Transit Administration, shall select ‘‘(1) IN GENERAL.—The Secretary shall—
on national transportation issues, as determined ‘‘(A) coordinate the research, education, and
each recipient of a grant under this section by the Secretary.
through a competitive process based on the as- technology transfer activities carried out by
‘‘(C) MATCHING REQUIREMENT.—
sessment of the Secretary relating to— ‘‘(i) IN GENERAL.—As a condition of receiving grant recipients under this section; and
‘‘(i) the demonstrated ability of the recipient ‘‘(B) disseminate the results of that research
a grant under this paragraph, a grant recipient
to address each specific topic area described in through the establishment and operation of an
shall match 100 percent of the amounts made
the research and strategic plans of the recipient; information clearinghouse.
available under the grant.
‘‘(ii) the demonstrated research, technology ‘‘(2) ANNUAL REVIEW AND EVALUATION.—Not
‘‘(ii) SOURCES.—The matching amounts re-
transfer, and education resources available to less frequently than annually, and consistent
ferred to in clause (i) may include amounts
the recipient to carry out this section; with the plan developed under section 508 of
made available to the recipient under section
‘‘(iii) the ability of the recipient to provide title 23, the Secretary shall—
504(b) or 505 of title 23.
leadership in solving immediate and long-range ‘‘(3) REGIONAL UNIVERSITY TRANSPORTATION ‘‘(A) review and evaluate the programs car-
national and regional transportation problems; CENTERS.—
ried out under this section by grant recipients;
‘‘(iv) the ability of the recipient to carry out ‘‘(A) LOCATION OF REGIONAL CENTERS.—One and
research, education, and technology transfer ac- regional university transportation center shall ‘‘(B) submit to the Committees on Transpor-
tivities that are multimodal and multidisci- be located in each of the 10 Federal regions that tation and Infrastructure and Science, Space,
plinary in scope; comprise the Standard Federal Regions estab- and Technology of the House of Representatives
‘‘(v) the demonstrated commitment of the re- lished by the Office of Management and Budget and the Committee on Environment and Public
cipient to carry out transportation workforce in the document entitled ‘Standard Federal Re- Works of the Senate a report describing that re-
development programs through— gions’ and dated April, 1974 (circular A-105). view and evaluation.
‘‘(I) degree-granting programs; and ‘‘(B) SELECTION CRITERIA.—In conducting a ‘‘(3) PROGRAM EVALUATION AND OVERSIGHT.—
‘‘(II) outreach activities to attract new en- competition under subsection (b), the Secretary For each of fiscal years 2013 and 2014, the Sec-
trants into the transportation field; shall provide grants to 10 recipients on the basis retary shall expend not more than 11⁄2 percent of
‘‘(vi) the demonstrated ability of the recipient of— the amounts made available to the Secretary to
to disseminate results and spur the implementa- ‘‘(i) the criteria described in subsection (b)(3); carry out this section for any coordination,
tion of transportation research and education ‘‘(ii) the location of the center within the Fed- evaluation, and oversight activities of the Sec-
programs through national or statewide con- eral region to be served; and retary under this section.
tinuing education programs; ‘‘(iii) whether the institution (or, in the case ‘‘(e) LIMITATION ON AVAILABILITY OF
‘‘(vii) the demonstrated commitment of the re- of consortium of institutions, the lead institu- AMOUNTS.—Amounts made available to the Sec-
cipient to the use of peer review principles and tion) demonstrates that the institution has a retary to carry out this section shall remain
other research best practices in the selection, well-established, nationally recognized program available for obligation by the Secretary for a
management, and dissemination of research in transportation research and education, as period of 3 years after the last day of the fiscal
projects; evidenced by— year for which the amounts are appropriated.
‘‘(viii) the strategic plan submitted by the re- ‘‘(I) recent expenditures by the institution in ‘‘(f) INFORMATION COLLECTION.—Any survey,
cipient describing the proposed research to be highway or public transportation research; questionnaire, or interview that the Secretary
carried out by the recipient and the performance ‘‘(II) a historical track record of awarding determines to be necessary to carry out report-
metrics to be used in assessing the performance graduate degrees in professional fields closely ing requirements relating to any program assess-
of the recipient in meeting the stated research, related to highways and public transportation; ment or evaluation activity under this section,
technology transfer, education, and outreach and including customer satisfaction assessments,
goals; and ‘‘(III) an experienced faculty who specialize shall not be subject to chapter 35 of title 44.’’.
‘‘(ix) the ability of the recipient to implement in professional fields closely related to highways (b) CONFORMING AMENDMENT.—The analysis
the proposed program in a cost-efficient manner, and public transportation. for chapter 55 of title 49, United States Code, is
amended by striking the item relating to section ‘‘(II) to address gaps in existing safety data given access to all safety data that the Director
5505 and inserting the following: programs of the Department; determines necessary to carry out that sub-
‘‘5505. University transportation centers pro- ‘‘(iii) work with the operating administrations section that is held by the Department or any
gram.’’. of the Department— other Federal agency upon written request and
SEC. 52010. UNIVERSITY TRANSPORTATION RE-
‘‘(I) to establish and implement the data pro- subject to any statutory or regulatory restric-
SEARCH. grams of the Bureau; and tions.
‘‘(II) to improve the coordination of informa- ‘‘§ 6303. Intermodal transportation database
tion collection efforts with other Federal agen-
United States Code, is repealed. ‘‘(a) IN GENERAL.—In consultation with the
(b) CONFORMING AMENDMENT.—The analysis cies;
‘‘(iv) continually improve surveys and data Under Secretary Transportation for Policy, the
for chapter 55 of title 49, United States Code, is Assistant Secretaries of the Department, and the
collection methods of the Department to improve
amended by striking the item relating to section heads of the operating administrations of the
the accuracy and utility of transportation sta-
5506. Department, the Director shall establish and
tistics;
SEC. 52011. BUREAU OF TRANSPORTATION STA- maintain a transportation database for all
‘‘(v) encourage the standardization of data,
TISTICS. modes of transportation.
data collection methods, and data management
(a) IN GENERAL.—Subtitle III of title 49, and storage technologies for data collected by— ‘‘(b) USE.—The database established under
United States Code, is amended by adding at the ‘‘(I) the Bureau; this section shall be suitable for analyses carried
end the following: ‘‘(II) the operating administrations of the De- out by the Federal Government, the States, and
‘‘CHAPTER 63—BUREAU OF partment; metropolitan planning organizations.
TRANSPORTATION STATISTICS ‘‘(III) State and local governments; ‘‘(c) CONTENTS.—The database established
‘‘Sec. ‘‘(IV) metropolitan planning organizations; under this section shall include—
‘‘6301. Definitions. and ‘‘(1) information on the volumes and patterns
‘‘6302. Bureau of Transportation Statistics. ‘‘(V) private sector entities; of movement of goods, including local, inter-
‘‘6303. Intermodal transportation database. ‘‘(vi) collect, compile, analyze, and publish a regional, and international movement, by all
‘‘6304. National Transportation Library. comprehensive set of transportation statistics on modes of transportation, intermodal combina-
‘‘6305. Advisory council on transportation statis- the performance and impacts of the national tions, and relevant classification;
tics. transportation system, including statistics on— ‘‘(2) information on the volumes and patterns
‘‘6306. Transportation statistical collection, ‘‘(I) transportation safety across all modes of movement of people, including local, inter-
analysis, and dissemination. and intermodally; regional, and international movements, by all
‘‘6307. Furnishing of information, data, or re- ‘‘(II) the state of good repair of United States modes of transportation (including bicycle and
ports by Federal agencies. transportation infrastructure; pedestrian modes), intermodal combinations,
‘‘6308. Proceeds of data product sales. ‘‘(III) the extent, connectivity, and condition and relevant classification;
‘‘6309. National transportation atlas database. of the transportation system, building on the ‘‘(3) information on the location and
‘‘6310. Limitations on statutory construction. national transportation atlas database devel- connectivity of transportation facilities and
‘‘6311. Research and development grants. oped under section 6310; services; and
‘‘6312. Transportation statistics annual report. ‘‘(IV) economic efficiency across the entire ‘‘(4) a national accounting of expenditures
‘‘6313. Mandatory response authority for freight transportation sector; and capital stocks on each mode of transpor-
data collection. ‘‘(V) the effects of the transportation system tation and intermodal combination.
‘‘§ 6301. Definitions on global and domestic economic competitive- ‘‘§ 6304. National Transportation Library
ness;
‘‘In this chapter, the following definitions ‘‘(VI) demographic, economic, and other vari- ‘‘(a) PURPOSE AND ESTABLISHMENT.—To sup-
apply: ables influencing travel behavior, including port the information management and decision-
‘‘(1) BUREAU.—The term ‘Bureau’ means the choice of transportation mode and goods move- making needs of transportation officials at the
Bureau of Transportation Statistics established ment; Federal, State, and local levels, there is estab-
by section 6302(a). ‘‘(VII) transportation-related variables that lished in the Bureau a National Transportation
‘‘(2) DEPARTMENT.—The term ‘Department’ influence the domestic economy and global com- Library which shall—
means the Department of Transportation. petitiveness; ‘‘(1) be headed by an individual who is highly
‘‘(3) DIRECTOR.—The term ‘Director’ means ‘‘(VIII) economic costs and impacts for pas- qualified in library and information science;
the Director of the Bureau. senger travel and freight movement; ‘‘(2) acquire, preserve, and manage transpor-
‘‘(4) LIBRARY.—The term ‘Library’ means the ‘‘(IX) intermodal and multimodal passenger tation information and information products
National Transportation Library established by movement; and services for use by the Department, other
section 6304(a). ‘‘(X) intermodal and multimodal freight move- Federal agencies, and the general public;
‘‘(5) SECRETARY.—The term ‘Secretary’ means ment; and ‘‘(3) provide reference and research assist-
the Secretary of Transportation. ‘‘(XI) consequences of transportation for the ance;
‘‘§ 6302. Bureau of Transportation Statistics human and natural environment; ‘‘(4) serve as a central depository for research
‘‘(a) ESTABLISHMENT.—There is established in ‘‘(vii) build and disseminate the transpor- results and technical publications of the Depart-
the Research and Innovative Technology Ad- tation layer of the National Spatial Data Infra- ment;
ministration the Bureau of Transportation Sta- structure developed under Executive Order 12906 ‘‘(5) provide a central clearinghouse for trans-
tistics. (59 Fed. Reg. 17671) (or a successor Executive portation data and information of the Federal
‘‘(b) DIRECTOR.— Order), including by coordinating the develop- Government;
‘‘(1) APPOINTMENT.—The Bureau shall be ment of transportation geospatial data stand- ‘‘(6) serve as coordinator and policy lead for
headed by a Director, who shall be appointed in ards, compiling intermodal geospatial data, and transportation information access;
the competitive service by the Secretary. collecting geospatial data that is not being col- ‘‘(7) provide transportation information and
‘‘(2) QUALIFICATIONS.—The Director shall be lected by other entities; information products and services to—
appointed from among individuals who are ‘‘(viii) issue guidelines for the collection of in- ‘‘(A) the Department;
qualified to serve as the Director by virtue of formation by the Department that the Director ‘‘(B) other Federal agencies;
their training and experience in the collection, determines necessary to develop transportation ‘‘(C) public and private organizations; and
analysis, and use of transportation statistics. statistics and carry out modeling, economic as- ‘‘(D) individuals, within the United States
‘‘(3) DUTIES.— sessment, and program assessment activities to and internationally;
‘‘(A) IN GENERAL.—The Director shall— ensure that such information is accurate, reli- ‘‘(8) coordinate efforts among, and cooperate
‘‘(i) serve as the senior advisor to the Sec- able, relevant, uniform, and in a form that per- with, transportation libraries, information pro-
retary on data and statistics; and mits systematic analysis by the Department; viders, and technical assistance centers, in con-
‘‘(ii) be responsible for carrying out the duties ‘‘(ix) review and report to the Secretary on the junction with private industry and other trans-
described in subparagraph (B). sources and reliability of— portation library and information centers, with
‘‘(B) DUTIES.—The Director shall— ‘‘(I) the statistics proposed by the heads of the the goal of developing a comprehensive trans-
‘‘(i) ensure that the statistics compiled under operating administrations of the Department to portation information and knowledge network
clause (vi) are designed to support transpor- measure outputs and outcomes as required by that supports the activities described in section
tation decisionmaking by— the Government Performance and Results Act of 6302(b)(3)(B)(vi); and
‘‘(I) the Federal Government; 1993 (Public Law 103–62;107 Stat. 285); and ‘‘(9) engage in such other activities as the Di-
‘‘(II) State and local governments; ‘‘(II) at the request of the Secretary, any rector determines to be necessary and as the re-
‘‘(III) metropolitan planning organizations; other data collected or statistical information sources of the Library permit.
‘‘(IV) transportation-related associations; published by the heads of the operating admin- ‘‘(b) ACCESS.—The Director shall publicize, fa-
‘‘(V) the private sector, including the freight istrations of the Department; and cilitate, and promote access to the information
community; and ‘‘(x) ensure that the statistics published under products and services described in subsection
‘‘(VI) the public; this section are readily accessible to the public, (a), to improve the ability of the transportation
‘‘(ii) establish on behalf of the Secretary a consistent with applicable security constraints community to share information and the ability
program— and confidentiality interests. of the Director to make statistics and other in-
‘‘(I) to effectively integrate safety data across ‘‘(c) ACCESS TO FEDERAL DATA.—In carrying formation readily accessible as required under
modes; and out subsection (b)(3)(B)(ii), the Director shall be section 6302(b)(3)(B)(x).
‘‘(c) AGREEMENTS.— cies and instrumentalities, subject to the condi- closed without significantly impairing the dis-
‘‘(1) IN GENERAL.—To carry out this section, tions that the applicable agency or instrumen- charge of authorities and responsibilities which
the Director may enter into agreements with, tality consents to that use and with or without have been delegated to, or vested by law, in
award grants to, and receive amounts from, reimbursement for such use; such agency.
any— ‘‘(2) enter into agreements with the agencies ‘‘§ 6308. Proceeds of data product sales
‘‘(A) State or local government; and instrumentalities described in paragraph (1) ‘‘Notwithstanding section 3302 of title 31,
‘‘(B) organization; for purposes of data collection and analysis; amounts received by the Bureau from the sale of
‘‘(C) business; or ‘‘(3) confer and cooperate with foreign govern-
‘‘(D) individual. data products for necessary expenses incurred
ments, international organizations, and State,
‘‘(2) CONTRACTS, GRANTS, AND AGREEMENTS.— may be credited to the Highway Trust Fund
municipal, and other local agencies;
The Library may initiate and support specific (other than the Mass Transit Account) for the
‘‘(4) request such information, data, and re-
information and data management, access, and purpose of reimbursing the Bureau for those ex-
ports from any Federal agency as the Director
exchange activities in connection with matters penses.
determines necessary to carry out this chapter;
relating to the Department’s strategic goals, ‘‘(5) encourage replication, coordination, and ‘‘§ 6309. National transportation atlas data-
knowledge networking, and national and inter- sharing of information among transportation base
national cooperation, by entering into contracts agencies regarding information systems, infor- ‘‘(a) IN GENERAL.—The Director shall develop
or other agreements or awarding grants for the mation policy, and data; and and maintain a national transportation atlas
conduct of such activities. ‘‘(6) confer and cooperate with Federal statis- database that is comprised of geospatial data-
‘‘(3) AMOUNTS.—Any amounts received by the tical agencies as the Director determines nec- bases that depict—
Library as payment for library products and essary to carry out this chapter, including by ‘‘(1) transportation networks;
services or other activities shall be made avail- entering into cooperative data sharing agree- ‘‘(2) flows of people, goods, vehicles, and craft
able to the Director to carry out this section, de- ments in conformity with all laws and regula- over the transportation networks; and
posited in the Research and Innovative Tech- tions applicable to the disclosure and use of ‘‘(3) social, economic, and environmental con-
nology Administration’s general fund account, data. ditions that affect or are affected by the trans-
and remain available until expended. ‘‘§ 6307. Furnishing of information, data, or portation networks.
‘‘§ 6305. Advisory council on transportation ‘‘(b) INTERMODAL NETWORK ANALYSIS.—The
reports by Federal agencies
statistics databases referred to in subsection (a) shall be
‘‘(a) IN GENERAL.—Except as provided in sub- capable of supporting intermodal network anal-
‘‘(a) IN GENERAL.—The Director shall estab- section (b), a Federal agency requested to fur- ysis.
lish and consult with an advisory council on nish information, data, or reports by the Direc-
transportation statistics. ‘‘§ 6310. Limitations on statutory construction
tor under section 6302(b)(3)(B) shall provide the
‘‘(b) FUNCTION.—The advisory council estab- information to the Director. ‘‘Nothing in this chapter—
lished under this section shall advise the Direc- ‘‘(b) PROHIBITION ON CERTAIN DISCLOSURES.— ‘‘(1) authorizes the Bureau to require any
tor on— ‘‘(1) IN GENERAL.—An officer, employee, or other Federal agency to collect data; or
‘‘(1) the quality, reliability, consistency, objec- contractor of the Bureau may not— ‘‘(2) alters or diminishes the authority of any
tivity, and relevance of transportation statistics ‘‘(A) make any disclosure in which the data other officer of the Department to collect and
and analyses collected, supported, or dissemi- provided by an individual or organization under disseminate data independently.
nated by the Bureau and the Department; and section 6302(b)(3)(B) can be identified; ‘‘§ 6311. Research and development grants
‘‘(2) methods to encourage cooperation and ‘‘(B) use the information provided under sec- ‘‘The Secretary may make grants to, or enter
interoperability of transportation data collected tion 6302(b)(3)(B) for a nonstatistical purpose; into cooperative agreements or contracts with,
by the Bureau, the operating administrations of or public and nonprofit private entities (including
the Department, States, local governments, met- ‘‘(C) permit anyone other than an individual State transportation departments, metropolitan
ropolitan planning organizations, and private authorized by the Director to examine any indi- planning organizations, and institutions of
sector entities. vidual report provided under section higher education) for—
‘‘(c) MEMBERSHIP.— 6302(b)(3)(B). ‘‘(1) investigation of the subjects described in
‘‘(1) IN GENERAL.—The advisory council shall ‘‘(2) COPIES OF REPORTS.— section 6302(b)(3)(B)(vi);
be composed of not fewer than 9 and not more ‘‘(A) IN GENERAL.—No department, bureau, ‘‘(2) research and development of new meth-
than 11 members appointed by the Director. agency, officer, or employee of the United States ods of data collection, standardization, manage-
‘‘(2) SELECTION.—In selecting members for the (except the Director in carrying out this chap- ment, integration, dissemination, interpretation,
advisory council, the Director shall appoint inter) may require, for any reason, a copy of any and analysis;
dividuals who— report that has been filed under section ‘‘(3) demonstration programs by States, local
‘‘(A) are not officers or employees of the 6302(b)(3)(B) with the Bureau or retained by an governments, and metropolitan planning organi-
United States; individual respondent. zations to coordinate data collection, reporting,
‘‘(B) possess expertise in— ‘‘(B) LIMITATION ON JUDICIAL PROCEEDINGS.— management, storage, and archiving to simplify
‘‘(i) transportation data collection, analysis, A copy of a report described in subparagraph data comparisons across jurisdictions;
or application; (A) that has been retained by an individual re- ‘‘(4) development of electronic clearinghouses
‘‘(ii) economics; or spondent or filed with the Bureau or any of the of transportation data and related information,
‘‘(iii) transportation safety; and employees, contractors, or agents of the Bu- as part of the Library; and
‘‘(C) represent a cross section of transpor- reau— ‘‘(5) development and improvement of methods
tation stakeholders, to the greatest extent pos- ‘‘(i) shall be immune from legal process; and for sharing geographic data, in support of the
sible. ‘‘(ii) shall not, without the consent of the in- database under section 6310 and the National
‘‘(d) TERMS OF APPOINTMENT.— dividual concerned, be admitted as evidence or Spatial Data Infrastructure developed under
‘‘(1) IN GENERAL.—Except as provided in para- used for any purpose in any action, suit, or Executive Order 12906 (59 Fed. Reg. 17671) (or a
graph (2), members of the advisory council shall other judicial or administrative proceedings. successor Executive Order).
be appointed to staggered terms not to exceed 3 ‘‘(C) APPLICABILITY.—This paragraph shall
years. ‘‘§ 6312. Transportation statistics annual re-
apply only to reports that permit information port
‘‘(2) ADDITIONAL TERMS.—A member may be concerning an individual or organization to be
renominated for 1 additional 3-year term. reasonably determined by direct or indirect ‘‘The Director shall submit to the President
‘‘(3) CURRENT MEMBERS.—A member serving means. and Congress a transportation statistics annual
on an advisory council on transportation statis- ‘‘(3) INFORMING RESPONDENT OF USE OF report, which shall include—
tics on the day before the date of enactment of DATA.—If the Bureau is authorized by statute to
‘‘(1) information on the progress of the Direc-
the Transportation Research and Innovative collect data or information for a nonstatistical tor in carrying out the duties described in sec-
Technology Act of 2012 shall serve until the end purpose, the Director shall clearly distinguish tion 6302(b)(3)(B);
of the appointed term of the member. the collection of the data or information, by rule ‘‘(2) documentation of the methods used to ob-
‘‘(e) APPLICABILITY OF FEDERAL ADVISORY and on the collection instrument, in a manner tain and ensure the quality of the statistics pre-
COMMITTEE ACT.—The Federal Advisory Com- sented in the report; and
that informs the respondent who is requested or
mittee Act (5 U.S.C. App.) shall apply to the ad- ‘‘(3) any recommendations of the Director for
required to supply the data or information of
visory council established under this section, ex- improving transportation statistical informa-
the nonstatistical purpose.

cept that section 14 of that Act shall not apply. ‘‘(c) TRANSPORTATION AND TRANSPORTATION- tion.
‘‘§ 6306. Transportation statistical collection, RELATED DATA ACCESS.—The Director shall be ‘‘§ 6313. Mandatory response authority for
analysis, and dissemination provided access to any transportation and freight data collection
‘‘To ensure that all transportation statistical transportation-related information in the pos- ‘‘(a) FREIGHT DATA COLLECTION.—
collection, analysis, and dissemination is carried session of any Federal agency, except— ‘‘(1) IN GENERAL.—An owner, official, agent,
out in a coordinated manner, the Director ‘‘(1) information that is expressly prohibited person in charge, or assistant to the person in
may— by law from being disclosed to another Federal charge of a freight corporation, company, busi-
‘‘(1) use the services, equipment, records, per- agency; or ness, institution, establishment, or organization
sonnel, information, and facilities of other Fed- ‘‘(2) information that the agency possessing described in paragraph (2) shall be fined in ac-
eral agencies, or State, local, and private agen- the information determines could not be dis- cordance with subsection (b) if that individual
neglects or refuses, when requested by the Di- tions, partnerships, sole proprietorships, and of State governments, local governments, metro-
rector or other authorized officer, employee, or trade associations that are incorporated or es- politan planning agencies, transit agencies, or
contractor of the Bureau to submit data under tablished under the laws of any State; other political subdivisions of a State that—
section 6302(b)(3)(B)— ‘‘(B) Federal laboratories; and ‘‘(A) have signed a written agreement to im-
‘‘(A) to answer completely and correctly to the ‘‘(C) other Federal agencies. plement an activity that meets the grant criteria
best knowledge of that individual all questions ‘‘(2) COOPERATION, GRANTS, CONTRACTS, AND under this section; and
relating to the corporation, company, business, AGREEMENTS.—Notwithstanding any other pro- ‘‘(B) is comprised of at least 2 members, each
institution, establishment, or other organiza- vision of law, the Administrator may directly of whom is an eligible entity.
tion; or initiate contracts, grants, cooperative research ‘‘(b) PURPOSE.—The purpose of this section is
‘‘(B) to make available records or statistics in and development agreements (as defined in sec- to develop, administer, communicate, and pro-
the official custody of the individual. tion 12 of the Stevenson-Wydler Technology In- mote the use of products of research, tech-
‘‘(2) DESCRIPTION OF ENTITIES.—A freight cor- novation Act of 1980 (15 U.S.C. 3710a)), and nology, and technology transfer programs.
poration, company, business, institution, estab- other agreements to fund, and accept funds ‘‘(c) ITS ADOPTION.—
lishment, or organization referred to in para- from, the Transportation Research Board of the ‘‘(1) INNOVATIVE TECHNOLOGIES AND STRATE-
graph (1) is a corporation, company, business, National Research Council of the National GIES.—The Secretary shall encourage the de-
institution, establishment, or organization Academy of Sciences, State departments of ployment of ITS technologies that will improve
that— transportation, cities, counties, institutions of the performance of the National Highway Sys-
‘‘(A) receives Federal funds relating to the higher education, associations, and the agents tem in such areas as traffic operations, emer-
freight program; and of those entities to carry out joint transpor- gency response, incident management, surface
‘‘(B) has consented to be subject to a fine tation research and technology efforts. transportation network management, freight
under this subsection on— ‘‘(3) FEDERAL SHARE.— management, traffic flow information, and con-
‘‘(i) refusal to supply any data requested; or ‘‘(A) IN GENERAL.—Subject to subparagraph gestion management by accelerating the adop-
‘‘(ii) failure to respond to a written request. (B), the Federal share of the cost of an activity tion of innovative technologies through the use
‘‘(b) FINES.— carried out under paragraph (2) shall not exceed of—
‘‘(1) IN GENERAL.—Subject to paragraph (2), 50 percent. ‘‘(A) demonstration programs;
an individual described in subsection (a) shall ‘‘(B) EXCEPTION.—If the Secretary determines ‘‘(B) grant funding;
be fined not more than $500. that the activity is of substantial public interest ‘‘(C) incentives to eligible entities; and
‘‘(2) WILLFUL ACTIONS.—If an individual will- or benefit, the Secretary may approve a greater ‘‘(D) other tools, strategies, or methods that
fully gives a false answer to a question de- Federal share. will result in the deployment of innovative ITS
scribed in subsection (a)(1), the individual shall ‘‘(C) NON-FEDERAL SHARE.—All costs directly technologies.
incurred by the non-Federal partners, including ‘‘(2) COMPREHENSIVE PLAN.—To carry out this
be fined not more than $10,000.’’.
personnel, travel, facility, and hardware devel- section, the Secretary shall develop a detailed
(b) RULES OF CONSTRUCTION.—If the provi-
opment costs, shall be credited toward the non- and comprehensive plan that addresses the
sions of section 111 of title 49, United States
Federal share of the cost of an activity described manner in which incentives may be adopted, as
Code, are transferred to chapter 63 of that title,
in subparagraph (A). appropriate, through the existing deployment
the following rules of construction apply:
‘‘(4) USE OF TECHNOLOGY.—The research, de- activities carried out by surface transportation
(1) For purposes of determining whether 1 pro-
velopment, or use of a technology under a con- modal administrations.’’.
vision of law supersedes another based on en-
tract, grant, cooperative research and develop- SEC. 53002. GOALS AND PURPOSES.
actment later in time, a chapter 63 provision is
deemed to have been enacted on the date of en- ment agreement, or other agreement entered into (a) IN GENERAL.—Chapter 5 of title 23, United
actment of the corresponding section 111 provi- under this subsection, including the terms under States Code, is amended by adding after section
sion. which the technology may be licensed and the 513 the following:
(2) A reference to a section 111 provision, in- resulting royalties may be distributed, shall be ‘‘§ 514. Goals and purposes
cluding a reference in a regulation, order, or subject to the Stevenson-Wydler Technology In- ‘‘(a) GOALS.—The goals of the intelligent
other law, is deemed to refer to the cor- novation Act of 1980 (15 U.S.C. 3701 et seq.). transportation system program include—
responding chapter 63 provision. ‘‘(5) WAIVER OF ADVERTISING REQUIRE- ‘‘(1) enhancement of surface transportation
(3) A regulation, order, or other administra- MENTS.—Section 6101 of title 41 shall not apply efficiency and facilitation of intermodalism and
tive action in effect under a section 111 provi- to a contract, grant, or other agreement entered international trade to enable existing facilities
sion continues in effect under the corresponding into under this section.’’. to meet a significant portion of future transpor-
chapter 63 provision. SEC. 52013. TRANSPORTATION RESEARCH AND tation needs, including public access to employ-
(4) An action taken or an offense committed DEVELOPMENT STRATEGIC PLAN- ment, goods, and services and to reduce regu-
under a section 111 provision is deemed to have NING. latory, financial, and other transaction costs to
been taken or committed under the cor- Section 508(a) of title 23, United States Code, public agencies and system users;
responding chapter 63 provision. is amended— ‘‘(2) achievement of national transportation
(c) CONFORMING AMENDMENTS.— (1) in paragraph (1), by striking ‘‘SAFETEA– safety goals, including enhancement of safe op-
(1) REPEAL.—Section 111 of title 49, United LU’’ and inserting ‘‘Transportation Research eration of motor vehicles and nonmotorized ve-
States Code, is repealed, and the item relating to and Innovative Technology Act of 2012’’; and hicles and improved emergency response to colli-
section 111 in the analysis for chapter 1 of that (2) in paragraph (2), by striking subparagraph sions, with particular emphasis on decreasing
title is deleted. (A) and inserting the following: the number and severity of collisions;
(2) ANALYSIS FOR SUBTITLE III.—The analysis ‘‘(A) describe the primary purposes of the ‘‘(3) protection and enhancement of the nat-
for subtitle III of title 49, United States Code, is transportation research and development pro- ural environment and communities affected by
amended by inserting after the items for chapter gram, which shall include, at a minimum— surface transportation, with particular empha-
61 the following: ‘‘(i) promoting safety; sis on assisting State and local governments to
‘‘(ii) reducing congestion and improving mo- achieve national environmental goals;
‘‘CHAPTER 63—BUREAU OF TRANSPORTATION
bility; ‘‘(4) accommodation of the needs of all users
STATISTICS.’’. ‘‘(iii) preserving the environment; of surface transportation systems, including op-
SEC. 52012. ADMINISTRATIVE AUTHORITY. ‘‘(iv) preserving the existing transportation erators of commercial motor vehicles, passenger
Section 112 of title 49, United States Code, is system; motor vehicles, motorcycles, bicycles, and pedes-
amended by adding at the end the following: ‘‘(v) improving the durability and extending trians (including individuals with disabilities);
‘‘(f) PROGRAM EVALUATION AND OVERSIGHT.— the life of transportation infrastructure; and and
For each of fiscal years 2013 and 2014, the Ad- ‘‘(vi) improving goods movement.’’. ‘‘(5) enhancement of national defense mobility
ministrator is authorized to expend not more TITLE III—INTELLIGENT and improvement of the ability of the United
than 11⁄2 percent of the amounts authorized to TRANSPORTATION SYSTEMS RESEARCH States to respond to security-related or other
be appropriated for necessary expenses for ad- manmade emergencies and natural disasters.
SEC. 53001. USE OF FUNDS FOR ITS ACTIVITIES.
ministration and operations of the Research and ‘‘(b) PURPOSES.—The Secretary shall imple-
Innovative Technology Administration for the ment activities under the intelligent transpor-
coordination, evaluation, and oversight of the tation system program, at a minimum—
programs administered by the Administration. ‘‘§ 513. Use of funds for ITS activities ‘‘(1) to expedite, in both metropolitan and
‘‘(g) COLLABORATIVE RESEARCH AND DEVELOP- ‘‘(a) DEFINITIONS.—In this section, the fol- rural areas, deployment and integration of in-
MENT.— lowing definitions apply: telligent transportation systems for consumers of
‘‘(1) IN GENERAL.—To encourage innovative ‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible enti- passenger and freight transportation;
solutions to multimodal transportation problems ty’ means a State or local government, tribal ‘‘(2) to ensure that Federal, State, and local
and stimulate the deployment of new tech- government, transit agency, public toll author- transportation officials have adequate knowl-
nology, the Administrator may carry out, on a ity, metropolitan planning organization, other edge of intelligent transportation systems for
cost-shared basis, collaborative research and de- political subdivision of a State or local govern- consideration in the transportation planning
velopment with— ment, or a multistate or multijurisdictional process;
‘‘(A) non-Federal entities, including State and group applying through a single lead applicant. ‘‘(3) to improve regional cooperation and oper-
local governments, foreign governments, institu- ‘‘(2) MULTIJURISDICTIONAL GROUP.—The term ations planning for effective intelligent trans-
tions of higher education, corporations, institu- ‘multijurisdictional group’ means a combination portation system deployment;
‘‘(4) to promote the innovative use of private ‘‘(B) FEDERAL FINANCIAL ASSISTANCE.—If the and evaluation of operational tests and deploy-
resources in support of intelligent transpor- Secretary enters into an agreement with an enti- ment projects carried out under this chapter.
tation system development; ty for the maintenance of the repository, the en- ‘‘(B) OBJECTIVITY AND INDEPENDENCE.—The
‘‘(5) to facilitate, in cooperation with the tity shall be eligible for Federal financial assist- guidelines and requirements issued under sub-
motor vehicle industry, the introduction of vehi- ance under this section. paragraph (A) shall include provisions to ensure
cle-based safety enhancing systems; ‘‘(3) AVAILABILITY OF INFORMATION.—Infor- the objectivity and independence of the report-
‘‘(6) to support the application of intelligent mation in the repository shall not be subject to ing entity so as to avoid any real or apparent
transportation systems that increase the safety sections 552 and 555 of title 5, United States conflict of interest or potential influence on the
and efficiency of commercial motor vehicle oper- Code. outcome by parties to any such test or deploy-
ations; ‘‘(h) ADVISORY COMMITTEE.— ment project or by any other formal evaluation
‘‘(7) to develop a workforce capable of devel- ‘‘(1) IN GENERAL.—The Secretary shall estab- carried out under this chapter.
oping, operating, and maintaining intelligent lish an Advisory Committee to advise the Sec- ‘‘(C) FUNDING.—The guidelines and require-
transportation systems; retary on carrying out this chapter. ments issued under subparagraph (A) shall es-
‘‘(8) to provide continuing support for oper- ‘‘(2) MEMBERSHIP.—The Advisory Committee tablish reporting funding levels based on the
ations and maintenance of intelligent transpor- shall have no more than 20 members, be bal- size and scope of each test or project that ensure
tation systems; and anced between metropolitan and rural interests, adequate reporting of the results of the test or
‘‘(9) to ensure a systems approach that in- and include, at a minimum— project.
cludes cooperation among vehicles, infrastruc- ‘‘(A) a representative from a State highway ‘‘(2) SPECIAL RULE.—Any survey, question-
ture, and users.’’. department; naire, or interview that the Secretary considers
(b) CONFORMING AMENDMENT.—The analysis ‘‘(B) a representative from a local highway necessary to carry out the reporting of any test,
for chapter 5 of title 23, United States Code, is department who is not from a metropolitan deployment project, or program assessment ac-
amended by adding after the item relating to planning organization; tivity under this chapter shall not be subject to
section 513 the following: ‘‘(C) a representative from a State, local, or chapter 35 of title 44, United States Code.’’.
regional transit agency; (b) CONFORMING AMENDMENT.—The analysis
‘‘514. Goals and purposes.’’.
‘‘(D) a representative from a metropolitan for chapter 5 of title 23, United States Code, is
SEC. 53003. GENERAL AUTHORITIES AND RE- planning organization;
QUIREMENTS.
amended by adding after the item relating to
‘‘(E) a private sector user of intelligent trans- section 514 (as added by section 53002) the fol-
(a) IN GENERAL.—Chapter 5 of title 23, United portation system technologies; lowing:
States Code, is amended by adding after section ‘‘(F) an academic researcher with expertise in
514 (as added by section 53002) the following: ‘‘515. General authorities and requirements.’’.
computer science or another information science SEC. 53004. RESEARCH AND DEVELOPMENT.
‘‘§ 515. General authorities and requirements field related to intelligent transportation sys- (a) IN GENERAL.—Chapter 5 of title 23, United
‘‘(a) SCOPE.—Subject to the provisions of this tems, and who is not an expert on transpor- States Code, is amended by adding after section
chapter, the Secretary shall conduct an ongoing tation issues; 515 (as added by section 53003) the following:
intelligent transportation system program— ‘‘(G) an academic researcher who is a civil en-
gineer; ‘‘§ 516. Research and development
‘‘(1) to research, develop, and operationally
‘‘(H) an academic researcher who is a social ‘‘(a) IN GENERAL.—The Secretary shall carry
test intelligent transportation systems; and
‘‘(2) to provide technical assistance in the na- scientist with expertise in transportation issues; out a comprehensive program of intelligent
tionwide application of those systems as a com- ‘‘(I) a representative from a nonprofit group transportation system research and develop-
ponent of the surface transportation systems of representing the intelligent transportation sys- ment, and operational tests of intelligent vehi-
the United States. tem industry; cles, intelligent infrastructure systems, and
‘‘(b) POLICY.—Intelligent transportation sys- ‘‘(J) a representative from a public interest other similar activities that are necessary to
tem research projects and operational tests group concerned with safety; carry out this chapter.
‘‘(K) a representative from a public interest ‘‘(b) PRIORITY AREAS.—Under the program,
funded pursuant to this chapter shall encourage
group concerned with the impact of the trans- the Secretary shall give higher priority to fund-
and not displace public-private partnerships or
portation system on land use and residential ing projects that—
private sector investment in those tests and ‘‘(1) enhance mobility and productivity
projects. patterns; and
‘‘(L) members with expertise in planning, safe- through improved traffic management, incident
‘‘(c) COOPERATION WITH GOVERNMENTAL, PRI- management, transit management, freight man-
ty, telecommunications, utilities, and oper-
VATE, AND EDUCATIONAL ENTITIES.—The Sec-
ations. agement, road weather management, toll collec-
retary shall carry out the intelligent transpor- tion, traveler information, or highway oper-
‘‘(3) DUTIES.—The Advisory Committee shall,
tation system program in cooperation with State ations systems and remote sensing products;
at a minimum, perform the following duties:
and local governments and other public entities, ‘‘(A) Provide input into the development of ‘‘(2) use interdisciplinary approaches to de-
the private sector firms of the United States, the the intelligent transportation system aspects of velop traffic management strategies and tools to
Federal laboratories, and institutions of higher the strategic plan under section 508. address multiple impacts of congestion concur-
education, including historically Black colleges ‘‘(B) Review, at least annually, areas of intel- rently;
and universities and other minority institutions ligent transportation systems research being ‘‘(3) address traffic management, incident
of higher education. considered for funding by the Department, to management, transit management, toll collection
‘‘(d) CONSULTATION WITH FEDERAL OFFI- determine— traveler information, or highway operations sys-
CIALS.—In carrying out the intelligent transpor- ‘‘(i) whether these activities are likely to ad- tems;
tation system program, the Secretary shall con- vance either the state-of-the-practice or state-of- ‘‘(4) incorporate research on the potential im-
sult with the heads of other Federal agencies, as the-art in intelligent transportation systems; pact of environmental, weather, and natural
appropriate. ‘‘(ii) whether the intelligent transportation conditions on intelligent transportation systems,
‘‘(e) TECHNICAL ASSISTANCE, TRAINING, AND system technologies are likely to be deployed by including the effects of cold climates;
INFORMATION.—The Secretary may provide tech- users, and if not, to determine the barriers to de- ‘‘(5) enhance intermodal use of intelligent
nical assistance, training, and information to ployment; and transportation systems for diverse groups, in-
State and local governments seeking to imple- ‘‘(iii) the appropriate roles for government cluding for emergency and health-related serv-
ment, operate, maintain, or evaluate intelligent and the private sector in investing in the re- ices;
transportation system technologies and services. search and technologies being considered. ‘‘(6) enhance safety through improved crash
‘‘(f) TRANSPORTATION PLANNING.—The Sec- ‘‘(4) REPORT.—Not later than February 1 of avoidance and protection, crash and other noti-
retary may provide funding to support adequate each year after the date of enactment of the fication, commercial motor vehicle operations,
consideration of transportation systems manage- Transportation Research and Innovative Tech- and infrastructure-based or cooperative safety
ment and operations, including intelligent nology Act of 2012, the Secretary shall submit to systems; or
transportation systems, within metropolitan and Congress a report that includes— ‘‘(7) facilitate the integration of intelligent in-
statewide transportation planning processes. ‘‘(A) all recommendations made by the Advi- frastructure, vehicle, and control technologies.
‘‘(g) INFORMATION CLEARINGHOUSE.— sory Committee during the preceding calendar ‘‘(c) FEDERAL SHARE.—The Federal share pay-
‘‘(1) IN GENERAL.—The Secretary shall— year; able on account of any project or activity car-
‘‘(A) maintain a repository for technical and ‘‘(B) an explanation of the manner in which ried out under subsection (a) shall not exceed 80
safety data collected as a result of federally the Secretary has implemented those rec- percent.’’.
sponsored projects carried out under this chap- ommendations; and (b) CONFORMING AMENDMENT.—The analysis
ter; and ‘‘(C) for recommendations not implemented, for chapter 5 of title 23, United States Code, is
‘‘(B) make, on request, that information (ex- the reasons for rejecting the recommendations. amended by adding after the item relating to
cept for proprietary information and data) read- ‘‘(5) APPLICABILITY OF FEDERAL ADVISORY section 515 (as added by section 53003) the fol-
ily available to all users of the repository at an COMMITTEE ACT.—The Advisory Committee shall lowing:
appropriate cost. be subject to the Federal Advisory Committee ‘‘516. Research and development.’’.
‘‘(2) AGREEMENT.— Act (5 U.S.C. App.). SEC. 53005. NATIONAL ARCHITECTURE AND
‘‘(A) IN GENERAL.—The Secretary may enter ‘‘(i) REPORTING.— STANDARDS.
into an agreement with a third party for the ‘‘(1) GUIDELINES AND REQUIREMENTS.— (a) IN GENERAL.—Chapter 5 of title 23, United
maintenance of the repository for technical and ‘‘(A) IN GENERAL.—The Secretary shall issue States Code, is amended by adding after section
safety data under paragraph (1)(A). guidelines and requirements for the reporting 516 (as added by section 53004) the following:
‘‘§ 517. National architecture and standards ‘‘§ 518. Vehicle-to-vehicle and vehicle-to-infra- of an election by an eligible county under this
‘‘(a) IN GENERAL.— structure communications systems deploy- subsection not later than September 30, 2012,
ment and each September 30 thereafter for each suc-
‘‘(1) DEVELOPMENT, IMPLEMENTATION, AND
‘‘(a) IN GENERAL.—Not later than 3 years ceeding fiscal year.’’;
MAINTENANCE.—In accordance with section 12(d)
after the date of enactment of this section, the (II) by redesignating subparagraph (B) as
of the National Technology Transfer and Ad-
Secretary shall submit to the Committees on subparagraph (D) and moving the subparagraph
vancement Act of 1995 (15 U.S.C. 272 note; 110
Commerce, Science, and Transportation and En- so as to appear at the end of paragraph (1) of
Stat. 783; 115 Stat. 1241), the Secretary shall de-
vironment and Public Works of the Senate and subsection (d); and
velop and maintain a national ITS architecture
the Committees on Transportation and Infra- (III) by inserting after subparagraph (A) the
and supporting ITS standards and protocols to
structure, Energy and Commerce, and Science, following:
promote the use of systems engineering methods ‘‘(B) FAILURE TO ELECT.—If the Governor of
in the widespread deployment and evaluation of Space, and Technology of the House of Rep-
resentatives that— an eligible State fails to notify the Secretary
intelligent transportation systems as a compo- concerned of the election for an eligible county
nent of the surface transportation systems of the ‘‘(1) assesses the status of dedicated short-
range communications technology and applica- by the date specified in subparagraph (A)—
United States. ‘‘(i) the eligible county shall be considered to
tions developed through research and develop-
‘‘(2) INTEROPERABILITY AND EFFICIENCY.—To have elected to expend 80 percent of the funds in
ment;
the maximum extent practicable, the national accordance with paragraph (1)(A); and
‘‘(2) analyzes the known and potential gaps
ITS architecture and supporting ITS standards ‘‘(ii) the remainder shall be available to the
in short-range communications technology and
and protocols shall promote interoperability Secretary concerned to carry out projects in the
applications;
among, and efficiency of, intelligent transpor- eligible county to further the purpose described
‘‘(3) defines a recommended implementation
tation systems and technologies implemented in section 202(b).’’;
path for dedicated short-range communications
throughout the United States. (4) in section 103(d)(2), by striking ‘‘fiscal year
technology and applications that—
‘‘(3) USE OF STANDARDS DEVELOPMENT ORGANI- ‘‘(A) is based on the assessment described in 2011’’ and inserting ‘‘each of fiscal years 2011
ZATIONS.—In carrying out this section, the Sec- paragraph (1); and and 2012’’;
retary shall support the development and main- ‘‘(B) takes into account the analysis described (5) in section 202, by adding at the end the fol-
tenance of standards and protocols using the in paragraph (2); lowing:
services of such standards development organi- ‘‘(4) includes guidance on the relationship of ‘‘(c) ADMINISTRATIVE EXPENSES.—A resource
zations as the Secretary determines to be nec- the proposed deployment of dedicated short- advisory committee may, in accordance with
essary and whose memberships are comprised of, range communications to the National ITS Ar- section 203, propose to use not more than 10 per-
and represent, the surface transportation and chitecture and ITS Standards; and cent of the project funds of an eligible county
intelligent transportation systems industries. ‘‘(5) ensures competition by not preferencing for any fiscal year for administrative expenses
‘‘(b) STANDARDS FOR NATIONAL POLICY IMPLE- the use of any particular frequency for vehicle associated with operating the resource advisory
MENTATION.—If the Secretary finds that a to infrastructure operations. committee under this title.’’;
standard is necessary for implementation of a ‘‘(b) REPORT REVIEW.—The Secretary shall (6) in section 204(e)(3)(B)(iii), by striking ‘‘and
nationwide policy relating to user fee collection enter into agreements with the National Re- 2011’’ and inserting ‘‘through 2012’’;
or other capability requiring nationwide uni- search Council and an independent third party (7) in section 205(a)(4), by striking ‘‘2006’’
formity, the Secretary, after consultation with with subject matter expertise for the review of each place it appears and inserting ‘‘2011’’;
stakeholders, may establish and require the use the report described in subsection (a).’’. (8) in section 208(b), by striking ‘‘2012’’ and
of that standard. (b) CONFORMING AMENDMENT.—The analysis inserting ‘‘2013’’;
‘‘(c) PROVISIONAL STANDARDS.— for chapter 5 of title 23, United States Code, is (9) in section 302(a)(2)(A), by inserting ‘‘and’’
‘‘(1) IN GENERAL.—If the Secretary finds that amended by adding after section 517 (as added after the semicolon; and
the development or balloting of an intelligent by section 53005) the following: (10) in section 304(b), by striking ‘‘2012’’ and
transportation system standard jeopardizes the ‘‘518. Vehicle-to-vehicle and vehicle-to-infra- inserting ‘‘2013’’.
timely achievement of the objectives described in structure communications systems (b) FAILURE TO MAKE ELECTION.—For each
subsection (a), the Secretary may establish a deployment.’’. county that failed to make an election for fiscal
provisional standard, after consultation with year 2011 in accordance with section
DIVISION F—MISCELLANEOUS 102(d)(3)(A) of the Secure Rural Schools and
affected parties, using, to the maximum extent TITLE I—REAUTHORIZATION OF CERTAIN
practicable, the work product of appropriate Community Self-Determination Act of 2000 (16
PROGRAMS U.S.C. 7112(d)(3)(A)), there shall be available to
standards development organizations.
Subtitle A—Secure Rural Schools and the Secretary of Agriculture to carry out
‘‘(2) PERIOD OF EFFECTIVENESS.—A provisional
Community Self-determination Program projects to further the purpose described in sec-
standard established under paragraph (1) shall
SEC. 100101. SECURE RURAL SCHOOLS AND COM- tion 202(b) of that Act (16 U.S.C. 7122(b)), from
be published in the Federal Register and remain
MUNITY SELF-DETERMINATION PRO- amounts in the Treasury not otherwise appro-
in effect until the appropriate standards devel-
GRAM. priated, the amount that is equal to 15 percent
opment organization adopts and publishes a
(a) AMENDMENTS.—The Secure Rural Schools of the total share of the State payment that oth-
standard.
and Community Self-Determination Act of 2000 erwise would have been made to the county
‘‘(d) CONFORMITY WITH NATIONAL ARCHITEC- under that Act for fiscal year 2011.
(16 U.S.C. 7101 et seq.) is amended—
TURE.—
(1) in section 3(11)— Subtitle B—Payment in Lieu of Taxes
‘‘(1) IN GENERAL.—Except as provided in para- (A) in subparagraph (A), by striking ‘‘and’’ Program
graph (2), the Secretary shall ensure that intel- after the semicolon at the end;
ligent transportation system projects carried out SEC. 100111. PAYMENTS IN LIEU OF TAXES.
(B) in subparagraph (B)—
using amounts made available from the High- (i) by striking ‘‘fiscal year 2009 and each fiscal Section 6906 of title 31, United States Code, is
way Trust Fund, including amounts made year thereafter’’ and inserting ‘‘each of fiscal amended by striking ‘‘2012’’ and inserting
available to deploy intelligent transportation years 2009 through 2011’’; and ‘‘2013’’.
systems, conform to the appropriate regional (ii) by striking the period at the end and in- Subtitle C—Offsets
ITS architecture, applicable standards, and pro- serting ‘‘; and’’; and SEC. 100121. PHASED RETIREMENT AUTHORITY.
tocols developed under subsection (a) or (c). (C) by adding at the end the following: (a) CSRS.—Chapter 83 of title 5, United States
‘‘(2) DISCRETION OF THE SECRETARY.—The Sec- ‘‘(C) for fiscal year 2012 and each fiscal year Code, is amended—
retary, at the discretion of the Secretary, may thereafter, the amount that is equal to 95 per- (1) in section 8331—
offer an exemption from paragraph (1) for cent of the full funding amount for the pre- (A) in paragraph (30) by striking ‘‘and’’ at the
projects designed to achieve specific research ob- ceding fiscal year.’’; end;
jectives outlined in the national intelligent (2) in sections 101, 102, 203, 207, 208, 304, and (B) in paragraph (31) by striking the period at
transportation system program plan or the sur- 402, by striking ‘‘2011’’ each place it appears the end and inserting ‘‘; and’’; and
face transportation research and development and inserting ‘‘2012’’; (C) by adding at the end the following:
strategic plan developed under section 508.’’. (3) in section 102— ‘‘(32) ‘Director’ means the Director of the Of-
(b) CONFORMING AMENDMENT.—The analysis (A) by striking ‘‘2008’’ each place it appears fice of Personnel Management.’’;
for chapter 5 of title 23, United States Code, is and inserting ‘‘2012’’; (2) by inserting after section 8336 the fol-
amended by adding after the item relating to (B) in subsection (b)(2)(B), by inserting ‘‘in lowing:
section 516 (as added by section 53004) the fol- 2012’’ before ‘‘, the election’’; and
(C) in subsection (d)— ‘‘§ 8336a. Phased retirement
lowing:
(i) in paragraph (1)(A), by striking ‘‘para- ‘‘(a) For the purposes of this section—
‘‘517. National architecture and standards.’’. graph (3)(B)’’ and inserting ‘‘subparagraph ‘‘(1) the term ‘composite retirement annuity’
SEC. 53006. VEHICLE-TO-VEHICLE AND VEHICLE- (D)’’; and means the annuity computed when a phased re-
TO-INFRASTRUCTURE COMMUNICA- (ii) in paragraph (3)— tiree attains full retirement status;
TIONS SYSTEMS DEPLOYMENT. (I) by striking subparagraph (A) and inserting ‘‘(2) the term ‘full retirement status’ means
(a) IN GENERAL.—Chapter 5 of title 23, United the following: that a phased retiree has ceased employment
States Code, is amended by adding after section ‘‘(A) NOTIFICATION.—The Governor of each el- and is entitled, upon application, to a composite
517 (as added by section 53005) the following: igible State shall notify the Secretary concerned retirement annuity;
‘‘(3) the term ‘phased employment’ means the ‘‘(c)(1) Except as otherwise provided under as if the individual was employed on a full-time
less-than-full-time employment of a phased re- this subsection, the phased retirement annuity basis in the position occupied during the phased
tiree; for a phased retiree is the product obtained by retirement period and before any reduction for
‘‘(4) the term ‘phased retiree’ means a retire- multiplying— survivor annuity or reduction based on an elec-
ment-eligible employee who— ‘‘(A) the amount of an annuity computed tion under section 8334(d)(2); by
‘‘(A) makes an election under subsection (b); under section 8339 that would have been pay- ‘‘(ii) the working percentage.
and able to the phased retiree if, on the date on ‘‘(2) After computing a composite retirement
‘‘(B) has not entered full retirement status; which the phased retiree enters phased retire- annuity under paragraph (1), the Director shall
‘‘(5) the term ‘phased retirement annuity’ ment status, the phased retiree had separated adjust the amount of the annuity for any appli-
means the annuity payable under this section from service and retired under section 8336(a) or cable reductions for a survivor annuity and any
before full retirement; (b); by previously elected actuarial reduction under
‘‘(6) the term ‘phased retirement percentage’
‘‘(B) the phased retirement percentage for the section 8334(d)(2).
means the percentage which, when added to the ‘‘(3) A composite retirement annuity shall be
phased retiree.
working percentage for a phased retiree, pro- adjusted in accordance with section 8340, except
‘‘(2) A phased retirement annuity shall be
duces a sum of 100 percent; that subsection (c)(1) of that section shall not
‘‘(7) the term ‘phased retirement period’ means paid in addition to the basic pay for the position
to which a phased retiree is appointed during apply.
the period beginning on the date on which an
phased employment. ‘‘(4) In computing a composite retirement an-
individual becomes entitled to receive a phased
‘‘(3) A phased retirement annuity shall be ad- nuity under paragraph (1)(B)(i), the unused
retirement annuity and ending on the date on
justed in accordance with section 8340. sick leave to the credit of a phased retiree at the
which the individual dies or separates from
‘‘(4)(A) A phased retirement annuity shall not time of entry into full retirement status shall be
phased employment;
‘‘(8) the term ‘phased retirement status’ means be subject to reduction for any form of survivor adjusted by dividing the number of hours of un-
that a phased retiree is concurrently employed annuity, shall not serve as the basis of the com- used sick leave by the working percentage.
in phased employment and eligible to receive a putation of any survivor annuity, and shall not ‘‘(g)(1) Under such procedures and conditions
phased retirement annuity; be subject to any court order requiring a sur- as the Director may provide, and with the con-
‘‘(9) the term ‘retirement-eligible employee’— vivor annuity to be provided to any individual. currence of the head of the employing agency, a
‘‘(A) means an individual who, if the indi- ‘‘(B) A phased retirement annuity shall be phased retiree may elect to terminate phased re-
vidual separated from the service, would meet subject to a court order providing for division, tirement status and return to a full-time work
the requirements for retirement under subsection allotment, assignment, execution, levy, attach- schedule.
(a) or (b) of section 8336; but ment, garnishment, or other legal process on the ‘‘(2) Upon entering a full-time work schedule
‘‘(B) does not include an employee described same basis as other annuities. based upon an election under paragraph (1), the
in section 8335 after the date on which the em- ‘‘(5) Any reduction of a phased retirement an- phased retirement annuity of a phased retiree
ployee is required to be separated from the serv- nuity based on an election under section shall terminate.
ice by reason of such section; and 8334(d)(2) shall be applied to the phased retire- ‘‘(3) After the termination of a phased retire-
‘‘(10) the term ‘working percentage’ means the ment annuity after computation under para- ment annuity under this subsection, the individ-
percentage of full-time employment equal to the graph (1). ual’s rights under this subchapter shall be de-
quotient obtained by dividing— ‘‘(6)(A) Any deposit, or election of an actu- termined based on the law in effect at the time
‘‘(A) the number of hours per pay period to be arial annuity reduction in lieu of a deposit, for of any subsequent separation from service. For
worked by a phased retiree, as scheduled in ac- military service or for creditable civilian service purposes of this subchapter or chapter 84, at
cordance with subsection (b)(2); by for which retirement deductions were not made time of the subsequent separation from service,
‘‘(B) the number of hours per pay period to be or refunded shall be made by a retirement-eligi- the phased retirement period shall be treated as
worked by an employee serving in a comparable ble employee at or before the time the retire- if it had been a period of part-time employment
position on a full-time basis. ment-eligible employee enters phased retirement with the work schedule described in subsection
‘‘(b)(1) With the concurrence of the head of status. No such deposit may be made, or actu- (b)(2).
the employing agency, and under regulations arial adjustment in lieu thereof elected, at the ‘‘(h) For purposes of section 8341—
promulgated by the Director, a retirement-eligi- time a phased retiree enters full retirement sta- ‘‘(1) the death of a phased retiree shall be
ble employee who has been employed on a full- tus. deemed to be the death in service of an em-
time basis for not less than the 3-year period ‘‘(B) Notwithstanding subparagraph (A), if a ployee; and
ending on the date on which the retirement-eli- phased retiree does not make such a deposit and ‘‘(2) the phased retirement period shall be
gible employee makes an election under this sub- dies in service as a phased retiree, a survivor of deemed to have been a period of part-time em-
section may elect to enter phased retirement sta- the phased retiree shall have the same right to ployment with the work schedule described in
tus. make such deposit as would have been available subsection (b)(2).
‘‘(2)(A) Subject to subparagraph (B), at the had the employee not entered phased retirement ‘‘(i) Employment of a phased retiree shall not
time of entering phased retirement status, a status and died in service. be deemed to be part-time career employment, as
phased retiree shall be appointed to a position ‘‘(C) If a phased retiree makes an election for defined in section 3401(2).
for which the working percentage is 50 percent. an actuarial annuity reduction under section ‘‘(j) A phased retiree is not eligible to apply
‘‘(B) The Director may, by regulation, provide 8334(d)(2) and dies in service as a phased retiree, for an annuity under section 8337.
for working percentages different from the per- the amount of any deposit upon which such ac- ‘‘(k) For purposes of section 8341(h)(4), retire-
centage specified under subparagraph (A), tuarial reduction shall have been based shall be ment shall be deemed to occur on the date on
which shall be not less than 20 percent and not deemed to have been fully paid. which a phased retiree enters into full retire-
more than 80 percent. ‘‘(7) A phased retirement annuity shall comment status.
‘‘(C) The working percentage for a phased re- ‘‘(l) For purposes of sections 8343 and 8351,
mence on the date on which a phased retiree en-
tiree may not be changed during the phased re- and subchapter III of chapter 84, a phased re-
ters phased employment.
tiree’s phased retirement period. ‘‘(8) No unused sick leave credit may be used tiree shall be deemed to be an employee.
‘‘(D)(i) Not less than 20 percent of the hours ‘‘(m) A phased retiree is not subject to section
in the computation of the phased retirement an-
to be worked by a phased retiree shall consist of 8344.
nuity.
mentoring. ‘‘(n) For purposes of chapter 87, a phased re-
‘‘(ii) The Director may, by regulation, provide ‘‘(d) All basic pay not in excess of the full-
tiree shall be deemed to be receiving basic pay at
for exceptions to the requirement under clause time rate of pay for the position to which a
the rate of a full-time employee in the position
(i). phased retiree is appointed shall be deemed to be
to which the phased retiree is appointed.’’; and
‘‘(iii) Clause (i) shall not apply to a phased basic pay for purposes of section 8334.
(3) in the table of sections by inserting after
retiree serving in the United States Postal Serv- ‘‘(e) Under such procedures as the Director
the item relating to section 8336 the following:
ice. Nothing in this clause shall prevent the ap- may prescribe, a phased retiree may elect to
enter full retirement status at any time. Upon ‘‘8336a. Phased retirement.’’.
plication of clause (i) or (ii) with respect to a (b) FERS.—Chapter 84 of title 5, United States
phased retiree serving in the Postal Regulatory making such an election, a phased retiree shall
be entitled to a composite retirement annuity. Code, is amended—
Commission. (1) by inserting after section 8412 the fol-
‘‘(3) A phased retiree— ‘‘(f)(1) Except as provided otherwise under
this subsection, a composite retirement annuity lowing new section:
‘‘(A) may not be employed in more than one
position at any time; and is a single annuity computed under regulations ‘‘§ 8412a. Phased retirement
‘‘(B) may transfer to another position in the prescribed by the Director, equal to the sum of— ‘‘(a) For the purposes of this section—
same or a different agency, only if the transfer ‘‘(A) the amount of the phased retirement an- ‘‘(1) the term ‘composite retirement annuity’
does not result in a change in the working per- nuity as of the date of full retirement, before means the annuity computed when a phased re-
centage. any reduction based on an election under sec- tiree attains full retirement status;
‘‘(4) A retirement-eligible employee may make tion 8334(d)(2), and including any adjustments ‘‘(2) the term ‘full retirement status’ means
not more than one election under this subsection made under section 8340; and that a phased retiree has ceased employment
during the retirement-eligible employee’s life- ‘‘(B) the product obtained by multiplying— and is entitled, upon application, to a composite
time. ‘‘(i) the amount of an annuity computed retirement annuity;
‘‘(5) A retirement-eligible employee who makes under section 8339 that would have been pay- ‘‘(3) the term ‘phased employment’ means the
an election under this subsection may not make able at the time of full retirement if the indi- less-than-full-time employment of a phased re-
an election under section 8343a. vidual had not elected a phased retirement and tiree;
‘‘(4) the term ‘phased retiree’ means a retire- ‘‘(5) A retirement-eligible employee who makes that subsection (c)(1) of that section shall not
ment-eligible employee who— an election under this subsection may not make apply.
‘‘(A) makes an election under subsection (b); an election under section 8420a. ‘‘(4) In computing a composite retirement an-
and ‘‘(c)(1) Except as otherwise provided under nuity under paragraph (1)(B)(i), the unused
‘‘(B) has not entered full retirement status; this subsection, the phased retirement annuity sick leave to the credit of a phased retiree at the
‘‘(5) the term ‘phased retirement annuity’ for a phased retiree is the product obtained by time of entry into full retirement status shall be
means the annuity payable under this section multiplying— adjusted by dividing the number of hours of un-
before full retirement; ‘‘(A) the amount of an annuity computed used sick leave by the working percentage.
‘‘(6) the term ‘phased retirement percentage’ under section 8415 that would have been pay- ‘‘(g)(1) Under such procedures and conditions
means the percentage which, when added to the able to the phased retiree if, on the date on as the Director may provide, and with the con-
working percentage for a phased retiree, pro- which the phased retiree enters phased retire- currence of the head of employing agency, a
duces a sum of 100 percent; ment status, the phased retiree had separated phased retiree may elect to terminate phased re-
‘‘(7) the term ‘phased retirement period’ means from service and retired under section 8412 (a) tirement status and return to a full-time work
the period beginning on the date on which an or (b); by schedule.
individual becomes entitled to receive a phased ‘‘(B) the phased retirement percentage for the ‘‘(2) Upon entering a full-time work schedule
retirement annuity and ending on the date on phased retiree. based on an election under paragraph (1), the
which the individual dies or separates from ‘‘(2) A phased retirement annuity shall be phased retirement annuity of a phased retiree
phased employment; paid in addition to the basic pay for the position shall terminate.
‘‘(8) the term ‘phased retirement status’ means to which a phased retiree is appointed during ‘‘(3) After termination of the phased retire-
that a phased retiree is concurrently employed the phased employment. ment annuity under this subsection, the individ-
in phased employment and eligible to receive a ‘‘(3) A phased retirement annuity shall be ad- ual’s rights under this chapter shall be deter-
phased retirement annuity; justed in accordance with section 8462. mined based on the law in effect at the time of
‘‘(9) the term ‘retirement-eligible employee’— ‘‘(4)(A) A phased retirement annuity shall not any subsequent separation from service. For
‘‘(A) means an individual who, if the indi- be subject to reduction for any form of survivor purposes of this chapter, at the time of the sub-
vidual separated from the service, would meet annuity, shall not serve as the basis of the com- sequent separation from service, the phased re-
the requirements for retirement under subsection putation of any survivor annuity, and shall not tirement period shall be treated as if it had been
(a) or (b) of section 8412; and be subject to any court order requiring a sur- a period of part-time employment with the work
‘‘(B) does not include— vivor annuity to be provided to any individual. schedule described in subsection (b)(2).
‘‘(i) an individual who, if the individual sepa- ‘‘(B) A phased retirement annuity shall be ‘‘(h) For purposes of subchapter IV—
rated from the service, would meet the require- subject to a court order providing for division, ‘‘(1) the death of a phased retiree shall be
ments for retirement under subsection (d) or (e) allotment, assignment, execution, levy, attach- deemed to be the death in service of an em-
of section 8412; but ment, garnishment, or other legal process on the ployee;
‘‘(ii) does not include an employee described same basis as other annuities. ‘‘(2) except for purposes of section
in section 8425 after the date on which the em- ‘‘(5)(A) Any deposit, or election of an actu- 8442(b)(1)(A)(i), the phased retirement period
ployee is required to be separated from the serv- arial annuity reduction in lieu of a deposit, for shall be deemed to have been a period of part-
ice by reason of such section; and military service or for creditable civilian service time employment with the work schedule de-
‘‘(10) the term ‘working percentage’ means the for which retirement deductions were not made scribed in subsection (b)(2) of this section; and
percentage of full-time employment equal to the or refunded, shall be made by a retirement-eligi- ‘‘(3) for purposes of section 8442(b)(1)(A)(i),
quotient obtained by dividing— ble employee at or before the time the retire- the phased retiree shall be deemed to have been
‘‘(A) the number of hours per pay period to be ment-eligible employee enters phased retirement at the full-time rate of pay for the position occu-
worked by a phased retiree, as scheduled in ac- status. No such deposit may be made, or actu- pied.
cordance with subsection (b)(2); by ‘‘(i) Employment of a phased retiree shall not
arial adjustment in lieu thereof elected, at the
‘‘(B) the number of hours per pay period to be be deemed to be part-time career employment, as
time a phased retiree enters full retirement sta-
worked by an employee serving in a comparable defined in section 3401(2).
tus. ‘‘(j) A phased retiree is not eligible to receive
position on a full-time basis. ‘‘(B) Notwithstanding subparagraph (A), if a
‘‘(b)(1) With the concurrence of the head of an annuity supplement under section 8421.
phased retiree does not make such a deposit and ‘‘(k) For purposes of subchapter III, a phased
the employing agency, and under regulations dies in service as a phased retiree, a survivor of
promulgated by the Director, a retirement-eligi- retiree shall be deemed to be an employee.
the phased retiree shall have the same right to ‘‘(l) For purposes of section 8445(d), retirement
ble employee who has been employed on a full- make such deposit as would have been available
time basis for not less than the 3-year period shall be deemed to occur on the date on which
had the employee not entered phased retirement a phased retiree enters into full retirement sta-
ending on the date on which the retirement-eli- status and died in service.
gible employee makes an election under this sub- tus.
‘‘(6) A phased retirement annuity shall com- ‘‘(m) A phased retiree is not eligible to apply
section may elect to enter phased retirement sta- mence on the date on which a phased retiree en- for an annuity under subchapter V.
tus. ters phased employment. ‘‘(n) A phased retiree is not subject to section
‘‘(2)(A) Subject to subparagraph (B), at the ‘‘(7) No unused sick leave credit may be used 8468.
time of entering phased retirement status, a in the computation of the phased retirement an- ‘‘(o) For purposes of chapter 87, a phased re-
phased retiree shall be appointed to a position nuity. tiree shall be deemed to be receiving basic pay at
for which the working percentage is 50 percent. ‘‘(d) All basic pay not in excess of the full- the rate of a full-time employee in the position
‘‘(B) The Director may, by regulation, provide time rate of pay for the position to which a to which the phased retiree is appointed.’’; and
for working percentages different from the per- phased retiree is appointed shall be deemed to be (2) in the table of sections by inserting after
centage specified under subparagraph (A), basic pay for purposes of sections 8422 and 8423. the item relating to section 8412 the following:
which shall be not less than 20 percent and not ‘‘(e) Under such procedures as the Director ‘‘8412a. Phased retirement.’’.
more than 80 percent. may prescribe, a phased retiree may elect to
‘‘(C) The working percentage for a phased re- (c) EXEMPTION FROM 10-PERCENT ADDITIONAL
enter full retirement status at any time. Upon
tiree may not be changed during the phased re- TAX ON EARLY DISTRIBUTIONS.—Section
making such an election, a phased retiree shall
tiree’s phased retirement period. 72(t)(2)(A) of the Internal Revenue Code of 1986
be entitled to a composite retirement annuity.
‘‘(D)(i) Not less than 20 percent of the hours ‘‘(f)(1) Except as provided otherwise under is amended by striking ‘‘or’’ at the end of clause
to be worked by a phased retiree shall consist of this subsection, a composite retirement annuity (vi), by striking the period at the end of clause
mentoring. is a single annuity computed under regulations (vii) and inserting ‘‘, or’’, and by adding at the
‘‘(ii) The Director may, by regulation, provide prescribed by the Director, equal to the sum of— end the following:
for exceptions to the requirement under clause ‘‘(A) the amount of the phased retirement an- ‘‘(viii) payments under a phased retirement
(i). nuity as of the date of full retirement, including annuity under section 8366a(a)(5) or 8412a(a)(5)
‘‘(iii) Clause (i) shall not apply to a phased any adjustments made under section 8462; and of title 5, United States Code, or a composite re-
retiree serving in the United States Postal Serv- ‘‘(B) the product obtained by multiplying— tirement annuity under section 8366a(a)(1) or
ice. Nothing in this clause shall prevent the ap- ‘‘(i) the amount of an annuity computed 8412a(a)(1) of such title.’’.
plication of clause (i) or (ii) with respect to a under section 8412 that would have been pay- (d) EFFECTIVE DATE.—The amendments made
phased retiree serving in the Postal Regulatory able at the time of full retirement if the indi- by subsections (a) and (b) shall take effect on
Commission. vidual had not elected a phased retirement and the effective date of the implementing regula-
‘‘(3) A phased retiree— as if the individual was employed on a full-time tions issued by the Director of the Office of Per-
‘‘(A) may not be employed in more than one basis in the position occupied during the phased sonnel Management.
position at any time; and retirement period and before any adjustment to SEC. 100122. ROLL-YOUR-OWN CIGARETTE MA-
‘‘(B) may transfer to another position in the CHINES.
provide for a survivor annuity; by
same or a different agency, only if the transfer ‘‘(ii) the working percentage. (a) IN GENERAL.—Subsection (d) of section
does not result in a change in the working per- ‘‘(2) After computing a composite retirement 5702 of the Internal Revenue Code of 1986 is
centage. annuity under paragraph (1), the Director shall amended by adding at the end the following
‘‘(4) A retirement-eligible employee may make adjust the amount of the annuity for any appli- new flush sentence:
not more than one election under this subsection cable reductions for a survivor annuity. ‘‘Such term shall include any person who for
during the retirement-eligible employee’s life- ‘‘(3) A composite retirement annuity shall be commercial purposes makes available for con-
time. adjusted in accordance with section 8462, except sumer use (including such consumer’s personal
consumption or use under paragraph (1)) a ma- SEC. 100202. DEFINITIONS. ‘‘(E) any property which on or after the date
chine capable of making cigarettes, cigars, or (a) IN GENERAL.—In this subtitle, the fol- of enactment of the Biggert-Waters Flood Insur-
other tobacco products. A person making such a lowing definitions shall apply: ance Reform Act of 2012 has experienced or sus-
machine available for consumer use shall be (1) 100-YEAR FLOODPLAIN.—The term ‘‘100- tained—
deemed the person making the removal as de- year floodplain’’ means that area which is sub- ‘‘(i) substantial damage exceeding 50 percent
fined by subsection (j) with respect to any to- ject to inundation from a flood having a 1-per- of the fair market value of such property; or
bacco products manufactured by such machine. cent chance of being equaled or exceeded in any ‘‘(ii) substantial improvement exceeding 30
A person who sells a machine directly to a con- given year. percent of the fair market value of such prop-
sumer at retail for a consumer’s personal home (2) 500-YEAR FLOODPLAIN.—The term ‘‘500- erty; and’’; and
use is not making a machine available for com- year floodplain’’ means that area which is sub- (B) by adding at the end the following:
mercial purposes if such machine is not used at ject to inundation from a flood having a 0.2-per- ‘‘(g) NO EXTENSION OF SUBSIDY TO NEW POLI-
a retail premises and is designed to produce to- cent chance of being equaled or exceeded in any CIES OR LAPSED POLICIES.—The Administrator
bacco products only in personal use quan- given year. shall not provide flood insurance to prospective
tities.’’. (3) ADMINISTRATOR.—The term ‘‘Adminis- insureds at rates less than those estimated
(b) EFFECTIVE DATE.—The amendment made trator’’ means the Administrator of the Federal under subsection (a)(1), as required by para-
by this section shall apply to articles removed Emergency Management Agency. graph (2) of that subsection, for—
after the date of the enactment of this Act. (4) NATIONAL FLOOD INSURANCE PROGRAM.— ‘‘(1) any property not insured by the flood in-
SEC. 100123. CHANGE IN FMAP INCREASE FOR The term ‘‘National Flood Insurance Program’’ surance program as of the date of enactment of
DISASTER RECOVERY STATES. means the program established under the Na- the Biggert-Waters Flood Insurance Reform Act
(a) ACCELERATED DATE FOR PRIOR AMEND- tional Flood Insurance Act of 1968 (42 U.S.C. of 2012;
MENTS.—Section 3204(b) of the Middle Class Tax 4011 et seq.). ‘‘(2) any property purchased after the date of
Relief and Job Creation Act of 2012 (Public Law (5) WRITE YOUR OWN.—The term ‘‘Write Your enactment of the Biggert-Waters Flood Insur-
112–96) is amended by striking ‘‘October 1, 2013’’ Own’’ means the cooperative undertaking be- ance Reform Act of 2012;
and inserting ‘‘October 1, 2012’’. tween the insurance industry and the Federal ‘‘(3) any policy under the flood insurance pro-
(b) APPLICATION OF 50 PERCENT IN FISCAL Insurance Administration which allows partici- gram that has lapsed in coverage, as a result of
YEAR 2013.—Subparagraph (B) of section pating property and casualty insurance compa- the deliberate choice of the holder of such pol-
1905(aa)(1) of the Social Security Act (42 U.S.C. nies to write and service standard flood insur- icy; or
1396d(aa)(1)), as amended by section 3204(a) of ance policies. ‘‘(4) any prospective insured who refuses to
Public Law 112–96, is amended by striking ‘‘25 (b) COMMON TERMINOLOGY.—Except as other- accept any offer for mitigation assistance by the
percent’’ and inserting ‘‘25 percent (or 50 per- wise provided in this subtitle, any terms used in Administrator (including an offer to relocate),
cent in the case of fiscal year 2013)’’. this subtitle shall have the meaning given to including an offer of mitigation assistance—
(c) EFFECTIVE DATE.—The amendments made such terms under section 1370 of the National ‘‘(A) following a major disaster, as defined in
by this section shall be effective as if included in Flood Insurance Act of 1968 (42 U.S.C. 4121). section 102 of the Robert T. Stafford Disaster
the enactment of section 3204 of Public Law 112– SEC. 100203. EXTENSION OF NATIONAL FLOOD IN- Relief and Emergency Assistance Act (42 U.S.C.
96. SURANCE PROGRAM. 5122); or
SEC. 100124. REPEALS. (a) FINANCING.—Section 1309(a) of the Na- ‘‘(B) in connection with—
(a) TRANSPORTATION REQUIREMENTS FOR CER- tional Flood Insurance Act of 1968 (42 U.S.C. ‘‘(i) a repetitive loss property; or
TAIN EXPORTS SPONSORED BY THE SECRETARY OF 4016(a)) is amended by striking ‘‘July 31, 2012’’ ‘‘(ii) a severe repetitive loss property.
AGRICULTURE.— and inserting ‘‘September 30, 2017’’. ‘‘(h) DEFINITION.—In this section, the term
(1) REPEAL.—Subsections (a) and (c) of section (b) PROGRAM EXPIRATION.—Section 1319 of the ‘severe repetitive loss property’ has the fol-
55314 of title 46, United States Code, are re- National Flood Insurance Act of 1968 (42 U.S.C. lowing meaning:
pealed. 4026) is amended by striking ‘‘July 31, 2012’’ and ‘‘(1) SINGLE-FAMILY PROPERTIES.—In the case
(2) ACTIVITIES DESCRIBED.—Subsection (b) of inserting ‘‘September 30, 2017’’. of a property consisting of 1 to 4 residences,
section 55314 of title 46, United States Code, is such term means a property that—
SEC. 100204. AVAILABILITY OF INSURANCE FOR
amended by striking ‘‘This section applies to ex- MULTIFAMILY PROPERTIES. ‘‘(A) is covered under a contract for flood in-
port activity’’ and inserting ‘‘The activities surance made available under this title; and
Section 1305 of the National Flood Insurance
specified in this subsection are export activi- ‘‘(B) has incurred flood-related damage—
Act of 1968 (42 U.S.C. 4012) is amended—
ties’’. ‘‘(i) for which 4 or more separate claims pay-
(b) FINANCING THE TRANSPORTATION OF AGRI- (1) in subsection (b)(2)(A), by inserting ‘‘not
ments have been made under flood insurance
CULTURAL COMMODITIES.—Subsection (a) of sec-
described in subsection (a) or (d)’’ after ‘‘prop-
coverage under this chapter, with the amount of
tion 55316 of title 46, United States Code, is re- erties’’; and
each such claim exceeding $5,000, and with the
pealed. (2) by adding at the end the following:
cumulative amount of such claims payments ex-
(c) CONFORMING AMENDMENTS.— ‘‘(d) AVAILABILITY OF INSURANCE FOR MULTI-
ceeding $20,000; or
(1) MINIMUM TONNAGE.—Section 55315(b) of FAMILY PROPERTIES.—
‘‘(ii) for which at least 2 separate claims pay-
title 46, United States Code, is amended by strik- ‘‘(1) IN GENERAL.—The Administrator shall ments have been made under such coverage,
ing ‘‘subject to section 55314’’ and inserting make flood insurance available to cover residen- with the cumulative amount of such claims ex-
‘‘specified in section 55314(b)’’. tial properties of 5 or more residences. Notwith- ceeding the value of the property.
(2) ISSUANCE AND PURCHASE OF OBLIGATIONS standing any other provision of law, the max- ‘‘(2) MULTIFAMILY PROPERTIES.—In the case
AND NOTIFICATION TO CONGRESS OF INSUFFI- imum coverage amount that the Administrator of a property consisting of 5 or more residences,
CIENCY.—Section 55316 of title 46, United States may make available under this subsection to such term shall have such meaning as the Direc-
Code, is amended— such residential properties shall be equal to the tor shall by regulation provide.’’.
(A) in subsection (c)(1) by striking ‘‘under coverage amount made available to commercial (2) EFFECTIVE DATE.—The amendments made
subsections (a) and (b)’’ and inserting ‘‘under properties. by paragraph (1) shall become effective 90 days
subsection (b)’’; and ‘‘(2) RULE OF CONSTRUCTION.—Nothing in this after the date of enactment of this Act.
(B) in subsection (f) by striking ‘‘subsections subsection shall be construed to limit the ability (b) ESTIMATES OF PREMIUM RATES.—Section
(a) and (b) and section 55314(a) of this title’’ of individuals residing in residential properties 1307(a)(1)(B) of the National Flood Insurance
and inserting ‘‘subsection (b)’’. of 5 or more residences to obtain insurance for Act of 1968 (42 U.S.C. 4014(a)(1)(B)) is amend-
(3) TERMINATION OF SUBCHAPTER.—Section the contents and personal articles located in ed—
55317 of title 46, United States Code, is amended such residences.’’. (1) in clause (ii), by striking ‘‘and’’ at the end;
by striking ‘‘sections 55314(a) and 55316(a) and SEC. 100205. REFORM OF PREMIUM RATE STRUC- (2) in clause (iii), by adding ‘‘and’’ at the end;
(b)’’ and inserting ‘‘section 55316(b)’’. TURE. and
SEC. 100125. LIMITATION ON PAYMENTS FROM (a) TO EXCLUDE CERTAIN PROPERTIES FROM (3) by inserting after clause (iii) the following:
THE ABANDONED MINE RECLAMA- RECEIVING SUBSIDIZED PREMIUM RATES.—
TION FUND.
‘‘(iv) all costs, as prescribed by principles and
(1) IN GENERAL.—Section 1307 of the National standards of practice in ratemaking adopted by
Section 411(h) of the Surface Mining Control
Flood Insurance Act of 1968 (42 U.S.C. 4014) is the American Academy of Actuaries and the
and Reclamation Act of 1977 (30 U.S.C. 1240a(h))
amended— Casualty Actuarial Society, including—
is amended by adding at the end the following:
(A) in subsection (a)(2), by striking ‘‘for any ‘‘(I) an estimate of the expected value of fu-
‘‘(5) LIMITATION ON ANNUAL PAYMENTS.—Not-
residential property which is not the primary ture costs,

withstanding any other provision of this sub-
residence of an individual; and’’ and inserting ‘‘(II) all costs associated with the transfer of
section, the total annual payment to a certified
the following: ‘‘for— risk, and
State or Indian tribe under this subsection shall
‘‘(A) any residential property which is not the ‘‘(III) the costs associated with an individual
be not more than $15,000,000.’’.
primary residence of an individual; risk transfer with respect to risk classes, as de-
TITLE II—FLOOD INSURANCE ‘‘(B) any severe repetitive loss property; fined by the Administrator,’’.
Subtitle A—Flood Insurance Reform and ‘‘(C) any property that has incurred flood-re- (c) INCREASE IN ANNUAL LIMITATION ON PRE-
Modernization lated damage in which the cumulative amounts MIUM INCREASES.—Section 1308(e) of the Na-
SEC. 100201. SHORT TITLE. of payments under this title equaled or exceeded tional Flood Insurance Act of 1968 (42 U.S.C.
This subtitle may be cited as the ‘‘Biggert- the fair market value of such property; 4015(e)) is amended—
Waters Flood Insurance Reform Act of 2012’’. ‘‘(D) any business property; or (1) in the matter preceding paragraph (1)—
(A) by striking ‘‘or (3)’’; and 1973 (42 U.S.C. 4012a(d)) is amended to read as ministrator under section 1360 for the area in
(B) by inserting ‘‘any properties’’ after follows: which such structure is located, the minimum
‘‘under this title for’’; ‘‘(1) REGULATED LENDING INSTITUTIONS.— annual deductible for damage to such structure
(2) in paragraph (1)— ‘‘(A) FEDERAL ENTITIES RESPONSIBLE FOR shall be—
(A) by striking ‘‘any properties within any LENDING REGULATIONS.—Each Federal entity for ‘‘(A) $1,000, if the flood insurance coverage for
single’’ and inserting ‘‘within any single’’; and lending regulation (after consultation and co- such structure covers loss of, or physical dam-
(B) by striking ‘‘10 percent’’ and inserting ‘‘20 ordination with the Federal Financial Institu- age to, such structure in an amount equal to or
percent’’; and tions Examination Council) shall, by regulation, less than $100,000; and
(3) by striking paragraph (2) and inserting the direct that all premiums and fees for flood in- ‘‘(B) $1,250, if the flood insurance coverage for
following:
surance under the National Flood Insurance such structure covers loss of, or physical dam-
‘‘(2) described in subparagraphs (A) through
Act of 1968, for improved real estate or a mobile age to, such structure in an amount greater
(E) of section 1307(a)(2) shall be increased by 25
percent each year, until the average risk pre- home, shall be paid to the regulated lending in- than $100,000.’’.
mium rate for such properties is equal to the av- stitution or servicer for any loan secured by the SEC. 100211. CONSIDERATIONS IN DETERMINING
erage of the risk premium rates for properties improved real estate or mobile home, with the CHARGEABLE PREMIUM RATES.
described under paragraph (1).’’. same frequency as payments on the loan are Section 1308 of the National Flood Insurance
(d) PREMIUM PAYMENT FLEXIBILITY FOR NEW made, for the duration of the loan. Except as Act of 1968 (42 U.S.C. 4015), as amended by this
AND EXISTING POLICYHOLDERS.—Section 1308 of provided in subparagraph (C), upon receipt of Act, is amended—
the National Flood Insurance Act of 1968 (42 any premiums or fees, the regulated lending in- (1) in subsection (a), by striking ‘‘, after con-
U.S.C. 4015) is amended by adding at the end stitution or servicer shall deposit such premiums sultation with’’ and all that follows through
the following: and fees in an escrow account on behalf of the ‘‘by regulation’’ and inserting ‘‘prescribe, after
‘‘(g) FREQUENCY OF PREMIUM COLLECTION.— borrower. Upon receipt of a notice from the Ad- providing notice’’;
With respect to any chargeable premium rate ministrator or the provider of the flood insur- (2) in subsection (b)—
prescribed under this section, the Administrator ance that insurance premiums are due, the pre- (A) in paragraph (1), by striking the period at
shall provide policyholders that are not required miums deposited in the escrow account shall be the end and inserting a semicolon;
to escrow their premiums and fees for flood in- paid to the provider of the flood insurance. (B) in paragraph (2), by striking the comma at
surance as set forth under section 102 of the ‘‘(B) LIMITATION.—Except as may be required the end and inserting a semicolon;
Flood Disaster Protection Act of 1973 (42 U.S.C. under applicable State law, a Federal entity for (C) in paragraph (3), by striking ‘‘, and’’ and
4012a) with the option of paying their premiums lending regulation may not direct or require a inserting a semicolon;
either annually or in more frequent install- regulated lending institution to deposit pre- (D) in paragraph (4), by striking the period at
ments.’’. miums or fees for flood insurance under the Na- the end and inserting ‘‘; and’’; and
(e) RULE OF CONSTRUCTION.—Nothing in this tional Flood Insurance Act of 1968 in an escrow (E) by adding at the end the following:
section or the amendments made by this section account on behalf of a borrower under subpara- ‘‘(5) adequate, on the basis of accepted actu-
may be construed to affect the requirement graph (A) or (B), if— arial principles, to cover the average historical
under section 2(c) of the Act entitled ‘‘An Act to ‘‘(i) the regulated lending institution has total loss year obligations incurred by the National
extend the National Flood Insurance Program, assets of less than $1,000,000,000; and Flood Insurance Fund.’’; and
and for other purposes’’, approved May 31, 2012 ‘‘(ii) on or before the date of enactment of the (3) by adding at the end the following:
(Public Law 112–123), that the first increase in Biggert-Waters Flood Insurance Reform Act of ‘‘(i) RULE OF CONSTRUCTION.—For purposes of
chargeable risk premium rates for residential 2012, the regulated lending institution— this section, the calculation of an ‘average his-
properties which are not the primary residence ‘‘(I) in the case of a loan secured by residen- torical loss year’—
of an individual take effect on July 1, 2012. tial improved real estate or a mobile home, was ‘‘(1) includes catastrophic loss years; and
SEC. 100207. PREMIUM ADJUSTMENT. not required under Federal or State law to de- ‘‘(2) shall be computed in accordance with
Section 1308 of the National Flood Insurance posit taxes, insurance premiums, fees, or any generally accepted actuarial principles.’’.
Act of 1968 (42 U.S.C. 4015), as amended by sec- other charges in an escrow account for the en- SEC. 100212. RESERVE FUND.
tion 100205, is further amended by adding at the tire term of the loan; and Chapter I of the National Flood Insurance Act
end the following: ‘‘(II) did not have a policy of consistently and of 1968 (42 U.S.C. 4011 et seq.) is amended by in-
‘‘(h) PREMIUM ADJUSTMENT TO REFLECT CUR- uniformly requiring the deposit of taxes, insur- serting after section 1310 (42 U.S.C. 4017) the fol-
RENT RISK OF FLOOD.—Notwithstanding sub- ance premiums, fees, or any other charges in an lowing:
section (f), upon the effective date of any re- escrow account for loans secured by residential ‘‘SEC. 1310A. RESERVE FUND.
vised or updated flood insurance rate map improved real estate or a mobile home.’’. ‘‘(a) ESTABLISHMENT OF RESERVE FUND.—In
under this Act, the Flood Disaster Protection (b) APPLICABILITY.—The amendment made by carrying out the flood insurance program au-
Act of 1973, or the Biggert-Waters Flood Insur- subsection (a) shall apply to any mortgage out- thorized by this chapter, the Administrator shall
ance Reform Act of 2012, any property located standing or entered into on or after the expira- establish in the Treasury of the United States a
in an area that is participating in the national tion of the 2-year period beginning on the date National Flood Insurance Reserve Fund (in this
flood insurance program shall have the risk pre- of enactment of this Act. section referred to as the ‘Reserve Fund’) which
mium rate charged for flood insurance on such SEC. 100210. MINIMUM DEDUCTIBLES FOR CLAIMS shall—
property adjusted to accurately reflect the cur- UNDER THE NATIONAL FLOOD IN- ‘‘(1) be an account separate from any other
rent risk of flood to such property, subject to SURANCE PROGRAM. accounts or funds available to the Adminis-
any other provision of this Act. Any increase in Section 1312 of the National Flood Insurance trator; and
the risk premium rate charged for flood insur- Act of 1968 (42 U.S.C. 4019) is amended— ‘‘(2) be available for meeting the expected fu-
ance on any property that is covered by a flood (1) by striking ‘‘The Director is’’ and inserting ture obligations of the flood insurance program,
insurance policy on the effective date of such an the following: including—
update that is a result of such updating shall be ‘‘(a) IN GENERAL.—The Administrator is’’; and ‘‘(A) the payment of claims;
phased in over a 5-year period, at the rate of 20 (2) by adding at the end the following: ‘‘(B) claims adjustment expenses; and
percent for each year following such effective ‘‘(b) MINIMUM ANNUAL DEDUCTIBLE.— ‘‘(C) the repayment of amounts outstanding
date. In the case of any area that was not pre- ‘‘(1) PRE-FIRM PROPERTIES.—For any struc- under any note or other obligation issued by the
viously designated as an area having special ture which is covered by flood insurance under Administrator under section 1309(a).
flood hazards and that, pursuant to any this title, and on which construction or substan- ‘‘(b) RESERVE RATIO.—Subject to the phase-in
issuance, revision, updating, or other change in tial improvement occurred on or before Decem- requirements under subsection (d), the Reserve
a flood insurance map, becomes designated as ber 31, 1974, or before the effective date of an Fund shall maintain a balance equal to—
such an area, the chargeable risk premium rate initial flood insurance rate map published by ‘‘(1) 1 percent of the sum of the total potential
for flood insurance under this title that is pur- the Administrator under section 1360 for the loss exposure of all outstanding flood insurance
chased on or after the date of enactment of this area in which such structure is located, the min- policies in force in the prior fiscal year; or
subsection with respect to any property that is imum annual deductible for damage to such ‘‘(2) such higher percentage as the Adminis-
located within such area shall be phased in over structure shall be— trator determines to be appropriate, taking into
a 5-year period, at the rate of 20 percent for ‘‘(A) $1,500, if the flood insurance coverage for consideration any circumstance that may raise
each year following the effective date of such such structure covers loss of, or physical dam- a significant risk of substantial future losses to
issuance, revision, updating, or change.’’. age to, such structure in an amount equal to or the Reserve Fund.
SEC. 100208. ENFORCEMENT. less than $100,000; and ‘‘(c) MAINTENANCE OF RESERVE RATIO.—
Section 102(f)(5) of the Flood Disaster Protec- ‘‘(B) $2,000, if the flood insurance coverage for ‘‘(1) IN GENERAL.—The Administrator shall
tion Act of 1973 (42 U.S.C. 4012a(f)(5)) is amend- such structure covers loss of, or physical dam- have the authority to establish, increase, or de-
ed— age to, such structure in an amount greater crease the amount of aggregate annual insur-
(1) in the first sentence, by striking ‘‘$350’’ than $100,000. ance premiums to be collected for any fiscal year
and inserting ‘‘$2,000’’; and ‘‘(2) POST-FIRM PROPERTIES.—For any struc- necessary—
(2) by striking the second sentence. ture which is covered by flood insurance under ‘‘(A) to maintain the reserve ratio required
SEC. 100209. ESCROW OF FLOOD INSURANCE PAY- this title, and on which construction or substan- under subsection (b); and
MENTS. tial improvement occurred after December 31, ‘‘(B) to achieve such reserve ratio, if the ac-
(a) IN GENERAL.—Paragraph (1) of section 1974, or after the effective date of an initial tual balance of such reserve is below the amount
102(d) of the Flood Disaster Protection Act of flood insurance rate map published by the Ad- required under subsection (b).
‘‘(2) CONSIDERATIONS.—In exercising the au- funds are borrowed, and continuing every 6 (xii) a member of a recognized floodplain man-
thority granted under paragraph (1), the Ad- months thereafter until such borrowed funds are agement association or organization;
ministrator shall consider— fully repaid, shall submit a report on the (xiii) a member of a recognized risk manage-
‘‘(A) the expected operating expenses of the progress of such repayment to— ment association or organization; and
Reserve Fund; ‘‘(1) the Secretary of the Treasury; (xiv) a State mitigation officer.
‘‘(B) the insurance loss expenditures under ‘‘(2) the Committee on Banking, Housing, and (2) QUALIFICATIONS.—Members of the Council
the flood insurance program; Urban Affairs of the Senate; and shall be appointed based on their demonstrated
‘‘(C) any investment income generated under ‘‘(3) the Committee on Financial Services of knowledge and competence regarding surveying,
the flood insurance program; and the House of Representatives.’’. cartography, remote sensing, geographic infor-
‘‘(D) any other factor that the Administrator (b) REPORT.—Not later than the expiration of mation systems, or the technical aspects of pre-
determines appropriate. the 6-month period beginning on the date of en- paring and using flood insurance rate maps. In
‘‘(3) LIMITATIONS.— actment of this Act, the Administrator shall sub- appointing members under paragraph (1)(E), the
‘‘(A) RATES.—In exercising the authority mit a report to the Congress setting forth op- Administrator shall, to the maximum extent
granted under paragraph (1), the Administrator tions for repaying within 10 years all amounts, practicable, ensure that the membership of the
shall be subject to all other provisions of this including any amounts previously borrowed but Council has a balance of Federal, State, local,
Act, including any provisions relating to not yet repaid, owed pursuant to clause (2) of tribal, and private members, and includes geo-
chargeable premium rates or annual increases of subsection (a) of section 1309 of the National graphic diversity, including representation from
such rates. Flood Insurance Act of 1968 (42 U.S.C. areas with coastline on the Gulf of Mexico and
‘‘(B) USE OF ADDITIONAL ANNUAL INSURANCE 4016(a)(2)). other States containing areas identified by the
PREMIUMS.—Notwithstanding any other provi- SEC. 100214. PAYMENT OF CONDOMINIUM CLAIMS. Administrator as at high risk for flooding or as
sion of law or any agreement entered into by the areas having special flood hazards.
Section 1312 of the National Flood Insurance
Administrator, the Administrator shall ensure (c) DUTIES.—The Council shall—
Act of 1968 (42 U.S.C. 4019), as amended by sec-
that all amounts attributable to the establish- (1) recommend to the Administrator how to
tion 100210, is amended by adding at the end the
ment or increase of annual insurance premiums improve in a cost-effective manner the—
following:
under paragraph (1) are transferred to the Ad- (A) accuracy, general quality, ease of use,
‘‘(c) PAYMENT OF CLAIMS TO CONDOMINIUM
ministrator for deposit into the Reserve Fund, to and distribution and dissemination of flood in-
OWNERS.—The Administrator may not deny
be available for meeting the expected future ob- surance rate maps and risk data; and
payment for any damage to or loss of property (B) performance metrics and milestones re-
ligations of the flood insurance program as de- which is covered by flood insurance to condo-
scribed in subsection (a)(2). quired to effectively and efficiently map flood
minium owners who purchased such flood insur- risk areas in the United States;
‘‘(d) PHASE-IN REQUIREMENTS.—The phase-in
ance separate and apart from the flood insur- (2) recommend to the Administrator mapping
requirements under this subsection are as fol-
ance purchased by the condominium association standards and guidelines for—
lows:
in which such owner is a member, based solely, (A) flood insurance rate maps; and
‘‘(1) IN GENERAL.—Beginning in fiscal year
or in any part, on the flood insurance coverage (B) data accuracy, data quality, data cur-
2013 and not ending until the fiscal year in
of the condominium association or others on the rency, and data eligibility;
which the ratio required under subsection (b) is
overall property owned by the condominium as- (3) recommend to the Administrator how to
achieved, in each such fiscal year the Adminis-
sociation.’’. maintain, on an ongoing basis, flood insurance
trator shall place in the Reserve Fund an
amount equal to not less than 7.5 percent of the SEC. 100215. TECHNICAL MAPPING ADVISORY rate maps and flood risk identification;
COUNCIL. (4) recommend procedures for delegating map-
reserve ratio required under subsection (b).
‘‘(2) AMOUNT SATISFIED.—As soon as the ratio (a) ESTABLISHMENT.—There is established a ping activities to State and local mapping part-
required under subsection (b) is achieved, and council to be known as the Technical Mapping ners;
except as provided in paragraph (3), the Admin- Advisory Council (in this section referred to as (5) recommend to the Administrator and other
istrator shall not be required to set aside any the ‘‘Council’’). Federal agencies participating in the Council—
(b) MEMBERSHIP.— (A) methods for improving interagency and
amounts for the Reserve Fund.
(1) IN GENERAL.—The Council shall consist intergovernmental coordination on flood map-
‘‘(3) EXCEPTION.—If at any time after the
of— ping and flood risk determination; and
ratio required under subsection (b) is achieved,
(A) the Administrator (or the designee there- (B) a funding strategy to leverage and coordi-
the Reserve Fund falls below the required ratio
of); nate budgets and expenditures across Federal
under subsection (b), the Administrator shall
(B) the Secretary of the Interior (or the des- agencies; and
place in the Reserve Fund for that fiscal year (6) submit an annual report to the Adminis-
an amount equal to not less than 7.5 percent of ignee thereof);
(C) the Secretary of Agriculture (or the des- trator that contains—
the reserve ratio required under subsection (b). (A) a description of the activities of the Coun-
‘‘(e) LIMITATION ON RESERVE RATIO.—In any ignee thereof);
(D) the Under Secretary of Commerce for cil;
given fiscal year, if the Administrator deter- (B) an evaluation of the status and perform-
mines that the reserve ratio required under sub- Oceans and Atmosphere (or the designee there-
of); and ance of flood insurance rate maps and mapping
section (b) cannot be achieved, the Adminis- activities to revise and update flood insurance
trator shall submit a report to Congress that— (E) 16 additional members appointed by the
Administrator or the designee of the Adminis- rate maps, as required under section 100216; and
‘‘(1) describes and details the specific concerns (C) a summary of recommendations made by
of the Administrator regarding the consequences trator, who shall be—
the Council to the Administrator.
of the reserve ratio not being achieved; (i) a member of a recognized professional sur-
(d) FUTURE CONDITIONS RISK ASSESSMENT AND
‘‘(2) demonstrates how such consequences veying association or organization;
MODELING REPORT.—
would harm the long-term financial soundness (ii) a member of a recognized professional (1) IN GENERAL.—The Council shall consult
of the flood insurance program; and mapping association or organization; with scientists and technical experts, other Fed-
‘‘(3) indicates the maximum attainable reserve (iii) a member of a recognized professional en- eral agencies, States, and local communities to—
ratio for that particular fiscal year. gineering association or organization; (A) develop recommendations on how to—
‘‘(f) INVESTMENT.—The Secretary of the Treas- (iv) a member of a recognized professional as- (i) ensure that flood insurance rate maps in-
ury shall invest such amounts of the Reserve sociation or organization representing flood corporate the best available climate science to
Fund as the Secretary determines advisable in hazard determination firms; assess flood risks; and
obligations issued or guaranteed by the United (v) a representative of the United States Geo- (ii) ensure that the Federal Emergency Man-
States.’’. logical Survey; agement Agency uses the best available method-
SEC. 100213. REPAYMENT PLAN FOR BORROWING (vi) a representative of a recognized profes- ology to consider the impact of—
AUTHORITY. sional association or organization representing (I) the rise in the sea level; and
(a) REPAYMENT PLAN REQUIRED.—Section 1309 State geographic information; (II) future development on flood risk; and
of the National Flood Insurance Act of 1968 (42 (vii) a representative of State national flood (B) not later than 1 year after the date of en-
U.S.C. 4016) is amended by adding at the end insurance coordination offices; actment of this Act, prepare written rec-
the following: (viii) a representative of the Corps of Engi- ommendations in a future conditions risk assess-
‘‘(c) Upon the exercise of the authority estab- neers; ment and modeling report and to submit such
lished under subsection (a), the Administrator (ix) a member of a recognized regional flood recommendations to the Administrator.
shall transmit a schedule for repayment of such and storm water management organization; (2) RESPONSIBILITY OF THE ADMINISTRATOR.—
amounts to— (x) 2 representatives of different State govern- The Administrator, as part of the ongoing pro-
‘‘(1) the Secretary of the Treasury; ment agencies that have entered into cooper- gram to review and update National Flood In-
‘‘(2) the Committee on Banking, Housing, and ating technical partnerships with the Adminis- surance Program rate maps under section
Urban Affairs of the Senate; and trator and have demonstrated the capability to 100216, shall incorporate any future risk assess-
‘‘(3) the Committee on Financial Services of produce flood insurance rate maps; ment submitted under paragraph (1)(B) in any
the House of Representatives. (xi) 2 representatives of different local govern- such revision or update.
‘‘(d) In connection with any funds borrowed ment agencies that have entered into cooper- (e) CHAIRPERSON.—The members of the Coun-
by the Administrator under the authority estab- ating technical partnerships with the Adminis- cil shall elect 1 member to serve as the chair-
lished in subsection (a), the Administrator, be- trator and have demonstrated the capability to person of the Council (in this section referred to
ginning 6 months after the date on which such produce flood insurance maps; as the ‘‘Chairperson’’).
(f) COORDINATION.—To ensure that the Coun- (C) use, in identifying, reviewing, updating, (C) upon the issuance of any proposed map
cil’s recommendations are consistent, to the maintaining, or publishing any National Flood and any notice of an opportunity to make an
maximum extent practicable, with national dig- Insurance Program rate map required under this appeal relating to the proposed map, notify the
ital spatial data collection and management section or under the National Flood Insurance Senators for each State affected and each Mem-
standards, the Chairperson shall consult with Act of 1968 (42 U.S.C. 4011 et seq.), the most ac- ber of the House of Representatives for each
the Chairperson of the Federal Geographic Data curate topography and elevation data available. congressional district affected by the proposed
Committee (established pursuant to Office of (2) MAPPING ELEMENTS.—Each map updated map of any action taken by the Administrator
Management and Budget Circular A–16). under this section shall— with respect to the proposed map or an appeal
(g) COMPENSATION.—Members of the Council (A) assess the accuracy of current ground ele- relating to the proposed map.
shall receive no additional compensation by rea- vation data used for hydrologic and hydraulic (2) REQUIRED ACTIVITIES.—The communica-
son of their service on the Council. modeling of flooding sources and mapping of the tion and outreach activities required under
(h) MEETINGS AND ACTIONS.— flood hazard and wherever necessary acquire paragraph (1) shall include—
(1) IN GENERAL.—The Council shall meet not new ground elevation data utilizing the most (A) notifying property owners when their
less frequently than twice each year at the re- up-to-date geospatial technologies in accord- properties become included in, or when they are
quest of the Chairperson or a majority of its ance with guidelines and specifications of the excluded from, an area covered by the manda-
members, and may take action by a vote of the Federal Emergency Management Agency; and tory flood insurance purchase requirement
majority of the members. (B) develop National Flood Insurance Pro- under section 102 of the Flood Disaster Protec-
(2) INITIAL MEETING.—The Administrator, or a gram flood data on a watershed basis— tion Act of 1973 (42 U.S.C. 4012a);
person designated by the Administrator, shall (i) to provide the most technically effective (B) educating property owners regarding the
request and coordinate the initial meeting of the and efficient studies and hydrologic and hy- flood risk and reduction of this risk in their
Council. draulic modeling; and community, including the continued flood risks
(i) OFFICERS.—The Chairperson may appoint (ii) to eliminate, to the maximum extent pos- to areas that are no longer subject to the flood
officers to assist in carrying out the duties of sible, discrepancies in base flood elevations be- insurance mandatory purchase requirement;
the Council under subsection (c). tween adjacent political subdivisions. (C) educating property owners regarding the
(j) STAFF.— (3) OTHER INCLUSIONS.—In updating maps benefits and costs of maintaining or acquiring
(1) STAFF OF FEMA.—Upon the request of the under this section, the Administrator shall in- flood insurance, including, where applicable,
Chairperson, the Administrator may detail, on a clude— lower-cost preferred risk policies under the Na-
nonreimbursable basis, personnel of the Federal (A) any relevant information on coastal inun- tional Flood Insurance Act of 1968 (42 U.S.C.
Emergency Management Agency to assist the dation from— 4011 et seq.) for such properties and the contents
Council in carrying out its duties. (i) an applicable inundation map of the Corps of such properties;
(2) STAFF OF OTHER FEDERAL AGENCIES.— of Engineers; and (D) educating property owners about flood
Upon request of the Chairperson, any other (ii) data of the National Oceanic and Atmos- map revisions and the process available to such
Federal agency that is a member of the Council pheric Administration relating to storm surge owners to appeal proposed changes in flood ele-
may detail, on a nonreimbursable basis, per- modeling; vations through their community, including by
sonnel to assist the Council in carrying out its (B) any relevant information of the United notifying local radio and television stations;
duties. States Geological Survey on stream flows, water- and
(k) POWERS.—In carrying out this section, the shed characteristics, and topography that is (E) encouraging property owners to maintain
Council may hold hearings, receive evidence and useful in the identification of flood hazard or acquire flood insurance coverage.
assistance, provide information, and conduct re- areas, as determined by the Administrator; (e) COMMUNITY REMAPPING REQUEST.—Upon
search, as it considers appropriate. (C) any relevant information on land subsid- the adoption by the Administrator of any rec-
(l) REPORT TO CONGRESS.—The Administrator, ence, coastal erosion areas, changing lake lev- ommendation by the Technical Mapping Advi-
on an annual basis, shall report to the Com- els, and other flood-related hazards; sory Council for reviewing, updating, or main-
mittee on Banking, Housing, and Urban Affairs (D) any relevant information or data of the taining National Flood Insurance Program rate
of the Senate, the Committee on Financial Serv- National Oceanic and Atmospheric Administra- maps in accordance with this section, a commu-
ices of the House of Representatives, and the tion and the United States Geological Survey re- nity that believes that its flood insurance rates
Office of Management and Budget on the— lating to the best available science regarding fu- in effect prior to adoption would be affected by
(1) recommendations made by the Council; ture changes in sea levels, precipitation, and in- the adoption of such recommendation may sub-
(2) actions taken by the Federal Emergency tensity of hurricanes; and mit a request for an update of its rate maps,
Management Agency to address such rec- (E) any other relevant information as may be which may be considered at the Administrator’s
ommendations to improve flood insurance rate recommended by the Technical Mapping Advi- sole discretion. The Administrator shall estab-
maps and flood risk data; and sory Committee. lish a protocol for the evaluation of such com-
(3) any recommendations made by the Council (c) STANDARDS.—In updating and maintaining munity map update requests.
that have been deferred or not acted upon, to- maps under this section, the Administrator (f) AUTHORIZATION OF APPROPRIATIONS.—
gether with an explanatory statement. shall— There is authorized to be appropriated to the
SEC. 100216. NATIONAL FLOOD MAPPING PRO- (1) establish standards to— Administrator to carry out this section
GRAM. (A) ensure that maps are adequate for— $400,000,000 for each of fiscal years 2013 through
(a) REVIEWING, UPDATING, AND MAINTAINING (i) flood risk determinations; and
2017.
MAPS.—The Administrator, in coordination with (ii) use by State and local governments in
SEC. 100217. SCOPE OF APPEALS.
the Technical Mapping Advisory Council estab- managing development to reduce the risk of
lished under section 100215, shall establish an flooding; and Section 1363 of the National Flood Insurance
ongoing program under which the Administrator (B) facilitate identification and use of con- Act of 1968 (42 U.S.C. 4104) is amended—
sistent methods of data collection and analysis (1) in subsection (a)—
shall review, update, and maintain National (A) by inserting ‘‘and designating areas hav-
Flood Insurance Program rate maps in accord- by the Administrator, in conjunction with State
ing special flood hazards’’ after ‘‘flood ele-
ance with this section. and local governments, in developing maps for
vations’’; and
(b) MAPPING.— communities with similar flood risks, as deter-
(B) by striking ‘‘such determinations’’ and in-
(1) IN GENERAL.—In carrying out the program mined by the Administrator; and
serting ‘‘such determinations and designations’’;
established under subsection (a), the Adminis- (2) publish maps in a format that is—
(A) digital geospatial data compliant; and
trator shall— (2) in subsection (b)—
(A) identify, review, update, maintain, and (B) compliant with the open publishing and
(A) in the first sentence, by inserting ‘‘and
publish National Flood Insurance Program rate data exchange standards established by the
designations of areas having special flood haz-
maps with respect to— Open Geospatial Consortium; and
ards’’ after ‘‘flood elevation determinations’’;
(i) all populated areas and areas of possible (C) aligned with official data defined by the
and
population growth located within the 100-year National Geodetic Survey.
(B) by amending the third sentence to read as
floodplain; (d) COMMUNICATION AND OUTREACH.—
(1) IN GENERAL.—The Administrator shall— follows: ‘‘The sole grounds for appeal shall be
(ii) all populated areas and areas of possible
(A) work to enhance communication and out- the possession of knowledge or information indi-
population growth located within the 500-year
reach to States, local communities, and property cating that (1) the elevations being proposed by
floodplain;
(iii) areas of residual risk, including areas owners about the effects— the Administrator with respect to an identified
that are protected by levees, dams, and other (i) of any potential changes to National Flood area having special flood hazards are scientif-
flood control structures; Insurance Program rate maps that may result ically or technically incorrect, or (2) the des-
(iv) areas that could be inundated as a result from the mapping program required under this ignation of an identified special flood hazard
of the failure of a levee, dam, or other flood con- section; and area is scientifically or technically incorrect.’’.
trol structure; and (ii) that any such changes may have on flood SEC. 100218. SCIENTIFIC RESOLUTION PANEL.
(v) the level of protection provided by flood insurance purchase requirements; (a) ESTABLISHMENT.—Chapter III of the Na-
control structures; (B) engage with local communities to enhance tional Flood Insurance Act of 1968 (42 U.S.C.
(B) establish or update flood-risk zone data in communication and outreach to the residents of 4101 et seq.) is amended by inserting after sec-
all such areas, and make estimates with respect such communities, including tenants (with re- tion 1363 (42 U.S.C. 4104) the following:
to the rates of probable flood caused loss for the gard to contents insurance), on the matters de- ‘‘SEC. 1363A. SCIENTIFIC RESOLUTION PANEL.
various flood risk zones for each such area; and scribed under subparagraph (A); and ‘‘(a) AVAILABILITY.—
‘‘(1) IN GENERAL.—Pursuant to the authority ‘‘(A) BINDING.—The recommendations of the (A) contains an interagency budget crosscut
provided under section 1363(e), the Adminis- Scientific Resolution Panel shall be binding on report that displays relevant sections of the
trator shall make available an independent re- all appellants and not subject to further judicial budget proposed for each of the Federal agen-
view panel, to be known as the Scientific Reso- review unless the Administrator determines that cies working on flood risk determination data
lution Panel, to any community— implementing the determination of the panel and digital elevation models, including any
‘‘(A) that has— would— planned interagency or intra-agency transfers;
‘‘(i) filed a timely map appeal in accordance ‘‘(i) pose a significant threat due to failure to and
with section 1363; identify a substantial risk of special flood haz- (B) describes how the efforts aligned with
‘‘(ii) completed 60 days of consultation with ards; or such sections complement one another.
the Federal Emergency Management Agency on ‘‘(ii) violate applicable law. (b) DUTIES OF THE ADMINISTRATOR.—In car-
the appeal; and ‘‘(B) WRITTEN JUSTIFICATION NOT TO EN- rying out sections 100215 and 100216, the Admin-
‘‘(iii) not allowed more than 120 days, or such FORCE.—If the Administrator elects not to imple- istrator shall—
longer period as may be provided by the Admin- ment the determination of the Scientific Resolu- (1) participate, pursuant to section 216 of the
istrator by waiver, to pass since the end of the tion Panel pursuant to subparagraph (A), then E–Government Act of 2002 (44 U.S.C. 3501 note),
appeal period; or not later than 60 days after the issuance of the in the establishment of such standards and com-
‘‘(B) that has received an unsatisfactory rul- determination, the Administrator shall issue a mon protocols as are necessary to assure the
ing under the map revision process established written justification explaining such election. interoperability of geospatial data for all users
pursuant to section 1360(f). ‘‘(C) APPEAL OF DETERMINATION NOT TO EN- of such information;
‘‘(2) APPEALS BY OWNERS AND LESSEES.—If a FORCE.—If the Administrator elects not to imple-
community and an owner or lessee of real prop- (2) coordinate with, seek assistance and co-
ment the determination of the Scientific Resolu-
erty within the community appeal a proposed operation of, and provide a liaison to the Fed-
tion Panel pursuant to subparagraph (A), the
determination of a flood elevation under section eral Geographic Data Committee pursuant to
community may appeal the determination of the
1363(b), upon the request of the community— the Office of Management and Budget Circular
Administrator as provided for under section
‘‘(A) the owner or lessee shall submit scientific A–16 and Executive Order 12906 (43 U.S.C. 1457
1363(g).
and technical data relating to the appeals to the note; relating to the National Spatial Data In-
‘‘(d) MAPS USED FOR INSURANCE AND MANDA-
Scientific Resolution Panel; and frastructure) for the implementation of and com-
TORY PURCHASE REQUIREMENTS.—With respect
‘‘(B) the Scientific Resolution Panel shall pliance with such standards;
to any community that has a dispute that is
make a determination with respect to the ap- being considered by the Scientific Resolution (3) integrate with, leverage, and coordinate
peals in accordance with subsection (c). Panel formed pursuant to this subsection, the funding of, to the maximum extent practicable,
‘‘(3) DEFINITION.—For purposes of paragraph Federal Emergency Management Agency shall the current flood mapping activities of each unit
(1)(B), an ‘unsatisfactory ruling’ means that a ensure that for each such community that— of State and local government;
community— ‘‘(1) the Flood Insurance Rate Map described (4) integrate with, leverage, and coordinate, to
‘‘(A) received a revised Flood Insurance Rate in the most recently issued Letter of Final De- the maximum extent practicable, the current
Map from the Federal Emergency Management termination shall be in force and effect with re- geospatial activities of other Federal agencies
Agency, via a Letter of Final Determination, spect to such community; and and units of State and local government; and
after September 30, 2008, and prior to the date of ‘‘(2) flood insurance shall continue to be made (5) develop a funding strategy to leverage and
enactment of this section; available to the property owners and residents coordinate budgets and expenditures, and to
‘‘(B) has subsequently applied for a Letter of of the participating community.’’. maintain or establish joint funding and other
Map Revision or Physical Map Revision with (b) CONFORMING AMENDMENTS.— agreement mechanisms with other Federal agen-
the Federal Emergency Management Agency; (1) ADMINISTRATIVE REVIEW.—Section 1363(e) cies and units of State and local government to
and of the National Flood Insurance Act of 1968 (42 share in the collection and utilization of
‘‘(C) has received an unfavorable ruling on geospatial data among all governmental users.
U.S.C. 4104(e)) is amended, in the second sen-
their request for a map revision.
tence, by striking ‘‘an independent scientific SEC. 100221. INTERAGENCY COORDINATION
‘‘(b) MEMBERSHIP.—The Scientific Resolution STUDY.
body or appropriate Federal agency for advice’’
Panel made available under subsection (a) shall
and inserting ‘‘the Scientific Resolution Panel (a) IN GENERAL.—The Administrator shall
consist of 5 members with expertise that relates
provided for in section 1363A’’. enter into a contract with the National Acad-
to the creation and study of flood hazard maps
(2) JUDICIAL REVIEW.—The first sentence of emy of Public Administration to conduct a study
and flood insurance. The Scientific Resolution
section 1363(g) of the National Flood Insurance on how the Federal Emergency Management
Panel may include representatives from Federal
Act of 1968 (42 U.S.C. 4104(g)) is amended by Agency—
agencies not involved in the mapping study in
striking ‘‘Any appellant’’ and inserting ‘‘Except (1) should improve interagency and intergov-
question and from other impartial experts. Em-
as provided in section 1363A, any appellant’’. ernmental coordination on flood mapping, in-
ployees of the Federal Emergency Management
SEC. 100219. REMOVAL OF LIMITATION ON STATE cluding a funding strategy to leverage and co-
Agency may not serve on the Scientific Resolu-
CONTRIBUTIONS FOR UPDATING ordinate budgets and expenditures; and
tion Panel. FLOOD MAPS.
‘‘(c) DETERMINATION.— (2) can establish joint funding mechanisms
Section 1360(f)(2) of the National Flood Insur- with other Federal agencies and units of State
‘‘(1) IN GENERAL.—Following deliberations,
ance Act of 1968 (42 U.S.C. 4101(f)(2)) is amend- and local government to share the collection
and not later than 90 days after its formation,
ed by striking ‘‘, but which may not exceed 50 and utilization of data among all governmental
the Scientific Resolution Panel shall issue a de-
percent of the cost of carrying out the requested users.
termination of resolution of the dispute. Such
revision or update’’. (b) TIMING.—A contract entered into under
determination shall set forth recommendations
for the base flood elevation determination or the SEC. 100220. COORDINATION. subsection (a) shall require that, not later than
designation of an area having special flood haz- (a) INTERAGENCY BUDGET CROSSCUT AND CO- 180 days after the date of enactment of this sub-
ards that shall be reflected in the Flood Insur- ORDINATION REPORT.— title, the National Academy of Public Adminis-
ance Rate Maps. (1) IN GENERAL.—The Secretary of Homeland tration shall report the findings of the study re-
‘‘(2) BASIS.—The determination of the Sci- Security, the Administrator, the Director of the quired under subsection (a) to—
entific Resolution Panel shall be based on— Office of Management and Budget, and the (1) the Committee on Banking, Housing, and
‘‘(A) data previously provided to the Adminis- heads of each Federal department or agency Urban Affairs of the Senate;
trator by the community, and, in the case of a carrying out activities under sections 100215 and (2) the Committee on Financial Services of the
dispute submitted under subsection (a)(2), an 100216 shall work together to ensure that flood House of Representatives;
owner or lessee of real property in the commu- risk determination data and geospatial data are
(3) the Committee on Appropriations of the
nity; and shared among Federal agencies in order to co-
Senate; and
‘‘(B) data provided by the Administrator. ordinate the efforts of the Nation to reduce its
vulnerability to flooding hazards. (4) the Committee on Appropriations of the
‘‘(3) NO ALTERNATIVE DETERMINATIONS PER-
(2) REPORT.—Not later than 30 days after the House of Representatives.
MISSIBLE.—The Scientific Resolution Panel—
‘‘(A) shall provide a determination of resolu- submission of the budget of the United States SEC. 100222. NOTICE OF FLOOD INSURANCE
Government by the President to Congress, the AVAILABILITY UNDER RESPA.
tion of a dispute that—
‘‘(i) is either in favor of the Administrator or Director of the Office of Management and Section 5(b) of the Real Estate Settlement Pro-
in favor of the community on each distinct ele- Budget, in coordination with the Federal Emer- cedures Act of 1974 (12 U.S.C. 2604(b)), as
ment of the dispute; or gency Management Agency, the United States amended by section 1450 of the Dodd-Frank
‘‘(ii) in the case of a dispute submitted under Geological Survey, the National Oceanic and Wall Street Reform and Consumer Protection
subsection (a)(2), is in favor of the Adminis- Atmospheric Administration, the Corps of Engi- Act (Public Law 111–203; 124 Stat. 2174), is
trator, in favor of the community, or in favor of neers, and other Federal agencies, as appro- amended by adding at the end the following:
the owner or lessee of real property in the com- priate, shall submit to the appropriate author- ‘‘(14) An explanation of flood insurance and
munity on each distinct element of the dispute; izing and appropriating committees of the Sen- the availability of flood insurance under the
and ate and the House of Representatives an inter- National Flood Insurance Program or from a
‘‘(B) may not offer as a resolution any other agency budget crosscut and coordination report, private insurance company, whether or not the
alternative determination. certified by the Secretary or head of each such real estate is located in an area having special
‘‘(4) EFFECT OF DETERMINATION.— agency, that— flood hazards.’’.
SEC. 100223. PARTICIPATION IN STATE DISASTER ‘‘(2) affect the rights or obligations of the par- be reimbursed for selling, writing, and servicing
CLAIMS MEDIATION PROGRAMS. ties, as established— flood insurance policies and adjusting flood in-
Chapter I of the National Flood Insurance Act ‘‘(A) in any regulation issued by the Adminis- surance claims on behalf of the National Flood
of 1968 (42 U.S.C. 4011 et seq.) is amended by in- trator, including any regulation relating to a Insurance Program. The methodology shall be
serting after section 1313 (42 U.S.C. 4020) the fol- standard flood insurance policy; developed using actual expense data for the
lowing: ‘‘(B) under this title; and flood insurance line and can be derived from—
‘‘SEC. 1314. PARTICIPATION IN STATE DISASTER ‘‘(C) under any other provision of Federal (1) flood insurance expense data produced by
CLAIMS MEDIATION PROGRAMS. law. the property and casualty insurance companies;
‘‘(a) REQUIREMENT TO PARTICIPATE.—In the ‘‘(g) EXCLUSIVE FEDERAL JURISDICTION.—Par- (2) flood insurance expense data collected by
case of the occurrence of a major disaster, as de- ticipation in State-sponsored mediation shall the National Association of Insurance Commis-
fined in section 102 of the Robert T. Stafford not alter, change, or modify the original exclu- sioners; or
Disaster Relief and Emergency Assistance Act sive jurisdiction of United States courts, as set (3) a combination of the methodologies de-
(42 U.S.C. 5122), that may have resulted in flood forth in this title. scribed in paragraphs (1) and (2).
damage covered under the national flood insur- ‘‘(h) COST LIMITATION.—Nothing in this sec- (c) SUBMISSION OF EXPENSE REPORTS.—To de-
ance program established under this title and tion shall be construed to require the Adminis- velop the methodology established under sub-
other personal lines residential property insur- trator or a representative of the Administrator section (b), the Administrator may require each
ance coverage offered by a State regulated in- to pay additional mediation fees relating to property and casualty insurance company par-
surer, upon a request made by the insurance flood insurance claims associated with a State- ticipating in the Write Your Own program to
commissioner of a State (or such other official sponsored mediation program in which such submit a report to the Administrator, in a for-
responsible for regulating the business of insur- representative of the Administrator participates. mat determined by the Administrator and within
ance in the State) for the participation of rep- ‘‘(i) EXCEPTION.—In the case of the occur- 60 days of the request, that details the expense
resentatives of the Administrator in a program rence of a major disaster that results in flood levels of each such company for selling, writing,
sponsored by such State for nonbinding medi- damage claims under the national flood insur- and servicing standard flood insurance policies
ation of insurance claims resulting from a major ance program and that does not result in any and adjusting and servicing claims.
disaster, the Administrator shall cause rep- loss covered by a personal lines residential prop- (d) FEMA RULEMAKING ON REIMBURSEMENT
resentatives of the national flood insurance pro- erty insurance policy— OF EXPENSES UNDER THE WRITE YOUR OWN
gram to participate in such a State program ‘‘(1) this section shall not apply; and PROGRAM.—Not later than 12 months after the
where claims under the national flood insurance ‘‘(2) the provisions of the standard flood in-
date of enactment of this Act, the Administrator
program are involved to expedite settlement of surance policy under the national flood insur-
shall issue a rule to formulate revised expense
flood damage claims resulting from such dis- ance program and the appeals process estab-
reimbursements to property and casualty insur-
aster. lished under section 205 of the Bunning-Bereu-
ance companies participating in the Write Your
‘‘(b) EXTENT OF PARTICIPATION.—In satisfying ter-Blumenauer Flood Insurance Reform Act of
Own program for their expenses (including their
the requirements of subsection (a), the Adminis- 2004 (42 U.S.C. 4011 note) and the regulations
operating and administrative expenses for ad-
trator shall require that each representative of issued pursuant to such section shall apply ex-
justment of claims) in selling, writing, and serv-
the Administrator— clusively.
icing standard flood insurance policies, includ-
‘‘(1) be certified for purposes of the national ‘‘(j) REPRESENTATIVES OF THE ADMINIS-
ing how such companies shall be reimbursed in
flood insurance program to settle claims against TRATOR.—For purposes of this section, the term
both catastrophic and noncatastrophic years.
such program resulting from such disaster in ‘representatives of the Administrator’ means
Such reimbursements shall be structured to en-
amounts up to the limits of policies under such representatives of the national flood insurance
sure reimbursements track the actual expenses,
program; program who participate in the appeals process
including standard business costs and operating
‘‘(2) attend State-sponsored mediation meet- established under section 205 of the Bunning-
expenses, of such companies as closely as prac-
ings regarding flood insurance claims resulting Bereuter-Blumenauer Flood Insurance Reform
ticably possible.
from such disaster at such times and places as Act of 2004 (42 U.S.C. 4011 note).’’.
(e) REPORT OF THE ADMINISTRATOR.—Not later
may be arranged by the State; SEC. 100224. OVERSIGHT AND EXPENSE REIM-
BURSEMENTS OF INSURANCE COM-
than 60 days after the effective date of the final
‘‘(3) participate in good-faith negotiations to-
PANIES. rule issued pursuant to subsection (d), the Ad-
ward the settlement of such claims with policy-
(a) SUBMISSION OF BIENNIAL REPORTS.— ministrator shall submit to the Committee on
holders of coverage made available under the
(1) TO THE ADMINISTRATOR.—Not later than 20 Banking, Housing, and Urban Affairs of the
national flood insurance program; and
days after the date of enactment of this Act, Senate and the Committee on Financial Services
‘‘(4) finalize the settlement of such claims on
each property and casualty insurance company of the House of Representatives a report con-
behalf of the national flood insurance program
participating in the Write Your Own program taining—
with such policyholders.
shall submit to the Administrator any biennial (1) the specific rationale and purposes of such
‘‘(c) COORDINATION.—Representatives of the
Administrator shall at all times coordinate their report required by the Federal Emergency Man- rule;
activities with insurance officials of the State agement Agency to be prepared in the prior 5 (2) the reasons for the adoption of the policies
and representatives of insurers for the purposes years by such company. contained in such rule; and
of consolidating and expediting settlement of (2) TO GAO.—Not later than 10 days after the (3) the degree to which such rule accurately
claims under the national flood insurance pro- submission of the biennial reports under para- represents the true operating costs and expenses
gram resulting from such disaster. graph (1), the Administrator shall submit all of property and casualty insurance companies
‘‘(d) QUALIFICATIONS OF MEDIATORS.—Each such reports to the Comptroller General of the participating in the Write Your Own program.
State mediator participating in State-sponsored United States. (f) GAO STUDY AND REPORT ON EXPENSES OF
mediation under this section shall be— (3) NOTICE TO CONGRESS OF FAILURE TO COM- WRITE YOUR OWN PROGRAM.—
‘‘(1)(A) a member in good standing of the PLY.—The Administrator shall notify and report (1) STUDY.—Not later than 180 days after the
State bar in the State in which the mediation is to the Committee on Banking, Housing, and effective date of the final rule issued pursuant
to occur with at least 2 years of practical experi- Urban Affairs of the Senate and the Committee to subsection (d), the Comptroller General of the
ence; and on Financial Services of the House of Represent- United States shall—
‘‘(B) an active member of such bar for at least atives on any property and casualty insurance (A) conduct a study on the efficacy, ade-
1 year prior to the year in which such medi- company participating in the Write Your Own quacy, and sufficiency of the final rules issued
ator’s participation is sought; or program that failed to submit its biennial re- pursuant to subsection (d); and
‘‘(2) a retired trial judge from any United ports as required under paragraph (1). (B) report to the Committee on Banking,
States jurisdiction who was a member in good (4) FAILURE TO COMPLY.—A property and cas- Housing, and Urban Affairs of the Senate and
standing of the bar in the State in which the ualty insurance company participating in the the Committee on Financial Services of the
judge presided for at least 5 years prior to the Write Your Own program which fails to comply House of Representatives on the findings of the
year in which such mediator’s participation is with the reporting requirement under this sub- study conducted under subparagraph (A).
sought. section or the requirement under section (2) GAO AUTHORITY.—In conducting the study
‘‘(e) MEDIATION PROCEEDINGS AND DOCU- 62.23(j)(1) of title 44, Code of Federal Regula- and report required under paragraph (1), the
MENTS PRIVILEGED.—As a condition of partici- tions (relating to biennial audit of the flood in- Comptroller General—
pation, all statements made and documents pro- surance financial statements) shall be subject to (A) may use any previous findings, studies, or
duced pursuant to State-sponsored mediation a civil penalty in an amount of not more than reports that the Comptroller General previously
involving representatives of the Administrator $1,000 per day for each day that the company completed on the Write Your Own program;
shall be deemed privileged and confidential set- remains in noncompliance with either such re- (B) shall determine if—
tlement negotiations made in anticipation of liti- quirement. (i) the final rule issued pursuant to subsection
gation. (b) METHODOLOGY TO DETERMINE REIM- (d) allows the Federal Emergency Management
‘‘(f) LIABILITY, RIGHTS, OR OBLIGATIONS NOT BURSED EXPENSES.—Not later than 180 days Agency to access adequate information regard-
AFFECTED.—Participation in State-sponsored after the date of enactment of this Act, the Ad- ing the actual expenses of property and cas-
mediation, as described in this section does ministrator shall develop a methodology for de- ualty insurance companies participating in the
not— termining the appropriate amounts that prop- Write Your Own program; and
‘‘(1) affect or expand the liability of any party erty and casualty insurance companies partici- (ii) the actual reimbursements paid out under
in contract or in tort; or pating in the Write Your Own program should the final rule issued pursuant to subsection (d)
accurately reflect the expenses reported by prop- (iv) by inserting after subparagraph (C) the shall be made available for grants under this
erty and casualty insurance companies partici- following new subparagraph: section.
pating in the Write Your Own program, includ- ‘‘(D) elevation, relocation, or floodproofing of ‘‘(h) DEFINITIONS.—For purposes of this sec-
ing the standard business costs and operating utilities (including equipment that serves struction, the following definitions shall apply:
expenses of such companies; and tures);’’; ‘‘(1) COMMUNITY.—The term ‘community’
(C) shall analyze the effect of the final rule (v) by inserting after subparagraph (E), as so means—
issued pursuant to subsection (d) on the level of redesignated, the following new subparagraph: ‘‘(A) a political subdivision that—
participation of property and casualty insurers ‘‘(F) the development or update of mitigation ‘‘(i) has zoning and building code jurisdiction
in the Write Your Own program. plans by a State or community which meet the over a particular area having special flood haz-
SEC. 100225. MITIGATION. planning criteria established by the Adminis- ards; and
trator, except that the amount from grants ‘‘(ii) is participating in the national flood in-
(a) MITIGATION ASSISTANCE GRANTS.—Section surance program; or
1366 of the National Flood Insurance Act of 1968 under this section that may be used under this
‘‘(B) a political subdivision of a State, or
(42 U.S.C. 4104c) is amended— subparagraph may not exceed $50,000 for any
other authority, that is designated by political
(1) by striking subsections (b), (d), (f), (g), (h), mitigation plan of a State or $25,000 for any
subdivisions, all of which meet the requirements
(k), and (m); mitigation plan of a community;’’;
of subparagraph (A), to administer grants for
(2) by redesignating subsections (c), (e), (i), (vi) in subparagraph (H); as so redesignated,
mitigation activities for such political subdivi-
and (j) as subsections (b), (c), (e), and (f), re- by striking ‘‘and’’ at the end; and
(vii) by adding at the end the following new sions.
spectively; ‘‘(2) REPETITIVE LOSS STRUCTURE.—The term
(3) in subsection (a), by striking the last sen- subparagraphs:
‘repetitive loss structure’ has the meaning given
tence and inserting the following: ‘‘Such finan- ‘‘(I) other mitigation activities not described
such term in section 1370.
cial assistance shall be made available— in subparagraphs (A) through (G) or the regula- ‘‘(3) SEVERE REPETITIVE LOSS STRUCTURE.—
‘‘(1) to States and communities in the form of tions issued under subparagraph (H), that are The term ‘severe repetitive loss structure’ means
grants under this section for carrying out miti- described in the mitigation plan of a State or a structure that—
gation activities; community; and ‘‘(A) is covered under a contract for flood in-
‘‘(2) to States and communities in the form of ‘‘(J) without regard to the requirements under surance made available under this title; and
grants under this section for carrying out miti- paragraphs (1) and (2) of subsection (d), and if ‘‘(B) has incurred flood-related damage—
gation activities that reduce flood damage to se- the State applied for and was awarded at least ‘‘(i) for which 4 or more separate claims pay-
vere repetitive loss structures; and $1,000,000 in grants available under this section ments have been made under flood insurance
‘‘(3) to property owners in the form of direct in the prior fiscal year, technical assistance to coverage under this title, with the amount of
grants under this section for carrying out miti- communities to identify eligible activities, to de- each such claim exceeding $5,000, and with the
gation activities that reduce flood damage to in- velop grant applications, and to implement cumulative amount of such claims payments ex-
dividual structures for which 2 or more claim grants awarded under this section, not to exceed ceeding $20,000; or
payments for losses have been made under flood $50,000 to any 1 State in any fiscal year.’’; and ‘‘(ii) for which at least 2 separate claims pay-
insurance coverage under this title if the Ad- (E) by striking paragraph (6) and inserting ments have been made under such coverage,
ministrator, after consultation with the State the following: with the cumulative amount of such claims ex-
and community, determines that neither the ‘‘(4) ELIGIBILITY OF DEMOLITION AND REBUILD- ceeding the value of the insured structure.’’.
State nor community in which such a structure ING OF PROPERTIES.—The Administrator shall (b) ELIMINATION OF GRANTS PROGRAM FOR RE-
is located has the capacity to manage such consider as an eligible activity the demolition PETITIVE INSURANCE CLAIMS PROPERTIES.—
grants.’’; and rebuilding of properties to at least base Chapter I of the National Flood Insurance Act
(4) in subsection (b), as so redesignated, in the flood elevation or greater, if required by the Ad- of 1968 is amended by striking section 1323 (42
first sentence— ministrator or if required by any State regula- U.S.C. 4030).
(A) by striking ‘‘and provides protection tion or local ordinance, and in accordance with (c) ELIMINATION OF PILOT PROGRAM FOR
against’’ and inserting ‘‘provides for reduction criteria established by the Administrator.’’; MITIGATION OF SEVERE REPETITIVE LOSS PROP-
of’’; and (6) by inserting after subsection (c), as so re- ERTIES.—Chapter III of the National Flood In-
(B) by inserting before the period at the end designated, the following new subsection: surance Act of 1968 is amended by striking sec-
the following: ‘‘, and may be included in a ‘‘(d) MATCHING REQUIREMENT.—The Adminis- tion 1361A (42 U.S.C. 4102a).
multihazard mitigation plan’’; trator may provide grants for eligible mitigation (d) NATIONAL FLOOD INSURANCE FUND.—Sec-
(5) in subsection (c), as so redesignated— activities as follows: tion 1310(a) of the National Flood Insurance Act
(A) in paragraph (1), by striking ‘‘(1) USE OF ‘‘(1) SEVERE REPETITIVE LOSS STRUCTURES.—In of 1968 (42 U.S.C. 4017(a)) is amended—
AMOUNTS.—’’ and all that follows through the the case of mitigation activities to severe repet- (1) in paragraph (6), by inserting ‘‘and’’ after
end of the first sentence and inserting the fol- itive loss structures, in an amount up to— the semicolon;
lowing: ‘‘(A) 100 percent of all eligible costs, if the ac- (2) in paragraph (7), by striking the semicolon
‘‘(1) REQUIREMENT OF CONSISTENCY WITH AP- tivities are approved under subsection and inserting a period; and
PROVED MITIGATION PLAN.—Amounts provided (c)(2)(A)(i); or (3) by striking paragraphs (8) and (9).
‘‘(B) the expected savings to the National (e) NATIONAL FLOOD MITIGATION FUND.—Sec-
under this section may be used only for mitiga-
Flood Insurance Fund from expected avoided tion 1367 of the National Flood Insurance Act of
tion activities that are consistent with mitiga-
damages through acquisition or relocation ac- 1968 (42 U.S.C. 4104d) is amended—
tion plans that are approved by the Adminis-
tivities, if the activities are approved under sub- (1) in subsection (b)—
trator and identified under paragraph (4).’’; (A) by striking paragraph (1) and inserting
(B) by striking paragraphs (2), (3), and (4) section (c)(2)(A)(ii).
‘‘(2) REPETITIVE LOSS STRUCTURES.—In the the following new paragraph:
and inserting the following new paragraphs: ‘‘(1) in each fiscal year, amounts from the Na-
‘‘(2) REQUIREMENTS OF TECHNICAL FEASI- case of mitigation activities to repetitive loss
tional Flood Insurance Fund not to exceed
BILITY, COST EFFECTIVENESS, AND INTEREST OF structures, in an amount up to 90 percent of all
$90,000,000 and to remain available until ex-
NATIONAL FLOOD INSURANCE FUND.— eligible costs.
pended, of which—
‘‘(A) IN GENERAL.—The Administrator may ap- ‘‘(3) OTHER MITIGATION ACTIVITIES.—In the
‘‘(A) not more than $40,000,000 shall be avail-
prove only mitigation activities that the Admin- case of all other mitigation activities, in an
able pursuant to subsection (a) of this section
istrator determines— amount up to 75 percent of all eligible costs.’’;
for assistance described in section 1366(a)(1);
‘‘(i) are technically feasible and cost-effective; (7) in subsection (e)(2), as so redesignated— ‘‘(B) not more than $40,000,000 shall be avail-
or (A) by striking ‘‘certified under subsection able pursuant to subsection (a) of this section
‘‘(ii) will eliminate future payments from the (g)’’ and inserting ‘‘required under subsection for assistance described in section 1366(a)(2);
National Flood Insurance Fund for severe repet- (d)’’; and and
itive loss structures through an acquisition or (B) by striking ‘‘3 times the amount’’ and in- ‘‘(C) not more than $10,000,000 shall be avail-
relocation activity. serting ‘‘the amount’’; able pursuant to subsection (a) of this section
‘‘(B) CONSIDERATIONS.—In making a deter- (8) in subsection (f), as so redesignated, by for assistance described in section 1366(a)(3);’’;
mination under subparagraph (A), the Adminis- striking ‘‘Riegle Community Development and and
trator shall take into consideration recognized Regulatory Improvement Act of 1994’’ and in- (B) in paragraph (3), by striking ‘‘section
ancillary benefits.’’; serting ‘‘Biggert-Waters Flood Insurance Re- 1366(i)’’ and inserting ‘‘section 1366(e)’’;
(C) by redesignating paragraph (5) as para- form Act of 2012’’; and (2) in subsection (c), by striking ‘‘sections 1366
graph (3); (9) by adding at the end the following new and 1323’’ and inserting ‘‘section 1366’’;
(D) in paragraph (3), as so redesignated— subsections: (3) by redesignating subsections (d) and (e) as
(i) in the matter preceding subparagraph (A), ‘‘(g) FAILURE TO MAKE GRANT AWARD WITHIN subsections (f) and (g), respectively; and
by striking ‘‘The Director’’ and all that follows 5 YEARS.—For any application for a grant (4) by inserting after subsection (c) the fol-
through ‘‘Such activities may’’ and inserting under this section for which the Administrator lowing new subsections:
‘‘Eligible activities under a mitigation plan fails to make a grant award within 5 years of ‘‘(d) PROHIBITION ON OFFSETTING COLLEC-
may’’; the date of the application, the grant applica- TIONS.—Notwithstanding any other provision of
(ii) by striking subparagraphs (E) and (H); tion shall be considered to be denied and any this title, amounts made available pursuant to
(iii) by redesignating subparagraphs (D), (F), funding amounts allocated for such grant appli- this section shall not be subject to offsetting col-
and (G) as subparagraphs (E), (G), and (H), re- cations shall remain in the National Flood Miti- lections through premium rates for flood insur-
spectively; gation Fund under section 1367 of this title and ance coverage under this title.
‘‘(e) CONTINUED AVAILABILITY AND REALLOCA- Committee on Levee Safety, shall jointly submit Flood Insurance Program within 30 days of a
TION.—Any amounts made available pursuant to to the Committee on Banking, Housing, and determination of a flood in progress and who
subparagraph (A), (B), or (C) of subsection Urban Affairs and the Committee on Environ- may be affected by the flood of the determina-
(b)(1) that are not used in any fiscal year shall ment and Public Works of the Senate and the tion and how the determination may affect their
continue to be available for the purposes speci- Committee on Financial Services, the Committee coverage.
fied in the subparagraph of subsection (b)(1) on Transportation and Infrastructure, and the SEC. 100228. CLARIFICATION OF RESIDENTIAL
pursuant to which such amounts were made Committee on Natural Resources of the House of AND COMMERCIAL COVERAGE LIM-
available, unless the Administrator determines Representatives reports concerning the activities ITS.
that reallocation of such unused amounts to of the task force and the implementation of the Section 1306(b) of the National Flood Insur-
meet demonstrated need for other mitigation ac- process developed by the task force under sub- ance Act of 1968 (42 U.S.C. 4013(b)) is amended—
tivities under section 1366 is in the best interest section (b), including— (1) in paragraph (2)—
of the National Flood Insurance Fund.’’. (1) an interim report, not later than 180 days (A) by striking ‘‘in the case of any residential
(f) INCREASED COST OF COMPLIANCE COV- after the date of enactment of this Act; and property’’ and inserting ‘‘in the case of any res-
ERAGE.—Section 1304(b)(4) of the National Flood (2) a final report, not later than 1 year after idential building designed for the occupancy of
Insurance Act of 1968 (42 U.S.C. 4011(b)(4)) is the date of enactment of this Act. from 1 to 4 families’’; and
amended— (e) TERMINATION.—The task force shall termi- (B) by striking ‘‘shall be made available to
(1) by striking subparagraph (B); and nate on the date of submission of the report every insured upon renewal and every applicant
(2) by redesignating subparagraphs (C), (D), under subsection (d)(2). for insurance so as to enable such insured or
and (E) as subparagraphs (B), (C), and (D), re- SEC. 100227. FLOOD IN PROGRESS DETERMINA- applicant to receive coverage up to a total
spectively. TIONS. amount (including such limits specified in para-
SEC. 100226. FLOOD PROTECTION STRUCTURE AC- (a) REPORT.— graph (1)(A)(i)) of $250,000’’ and inserting
CREDITATION TASK FORCE. (1) REVIEW.—The Administrator shall re- ‘‘shall be made available, with respect to any
(a) DEFINITIONS.—In this section— view— single such building, up to an aggregate liability
(1) the term ‘‘flood protection structure ac- (A) the processes and procedures for deter- (including such limits specified in paragraph
creditation requirements’’ means the require- mining that a flood event has commenced or is (1)(A)(i)) of $250,000’’; and
ments established under section 65.10 of title 44, in progress for purposes of flood insurance cov- (2) in paragraph (4)—
Code of Federal Regulations, for levee systems erage made available under the National Flood (A) by striking ‘‘in the case of any nonresi-
to be recognized on maps created for purposes of Insurance Program; dential property, including churches,’’ and in-
the National Flood Insurance Program; (B) the processes and procedures for providing serting ‘‘in the case of any nonresidential build-
(2) the term ‘‘National Committee on Levee public notification that such a flood event has ing, including a church,’’; and
Safety’’ means the Committee on Levee Safety commenced or is in progress; (B) by striking ‘‘shall be made available to
established under section 9003 of the National (C) the processes and procedures regarding every insured upon renewal and every applicant
Levee Safety Act of 2007 (33 U.S.C. 3302); and the timing of public notification of flood insur- for insurance, in respect to any single structure,
(3) the term ‘‘task force’’ means the Flood ance requirements and availability; and up to a total amount (including such limit speci-
Protection Structure Accreditation Task Force (D) the effects and implications that weather fied in subparagraph (B) or (C) of paragraph
established under subsection (b). conditions, including rainfall, snowfall, pro- (1), as applicable) of $500,000 for each structure
(b) ESTABLISHMENT.— jected snowmelt, existing water levels, and other and $500,000 for any contents related to each
(1) IN GENERAL.—The Administrator and the conditions, have on the determination that a structure’’ and inserting ‘‘shall be made avail-
Secretary of the Army, acting through the Chief flood event has commenced or is in progress. able with respect to any single such building, up
of Engineers, in cooperation with the National (2) REPORT.—Not later than 6 months after to an aggregate liability (including such limits
Committee on Levee Safety, shall jointly estab- the date of enactment of this Act, the Adminis- specified in subparagraph (B) or (C) of para-
lish a Flood Protection Structure Accreditation trator shall submit a report to Congress that de- graph (1), as applicable) of $500,000, and cov-
Task Force. scribes— erage shall be made available up to a total of
(2) DUTIES.— (A) the results and conclusions of the review
$500,000 aggregate liability for contents owned
(A) DEVELOPING PROCESS.—The task force under paragraph (1); and
by the building owner and $500,000 aggregate li-
shall develop a process to better align the infor- (B) any actions taken, or proposed actions to
ability for each unit within the building for con-
mation and data collected by or for the Corps of be taken, by the Administrator to provide for
tents owned by the tenant’’.
Engineers under the Inspection of Completed more precise and technical processes and proce-
dures for determining that a flood event has SEC. 100229. LOCAL DATA REQUIREMENT.
Works Program with the flood protection struc-
ture accreditation requirements so that— commenced or is in progress. (a) IN GENERAL.—Notwithstanding any other
(i) information and data collected for either (b) EFFECTIVE DATE OF POLICIES COVERING provision of this subtitle, no area or community
purpose can be used interchangeably; and PROPERTIES AFFECTED BY FLOODING OF THE participating in the National Flood Insurance
(ii) information and data collected by or for MISSOURI RIVER IN 2011.— Program that is or includes a community that is
the Corps of Engineers under the Inspection of (1) ELIGIBLE COVERAGE.—For purposes of this identified by the Administrator as Community
Completed Works Program is sufficient to satisfy subsection, the term ‘‘eligible coverage’’ means Identification Number 360467 and impacted by
the flood protection structure accreditation re- coverage under a new contract for flood insur- the Jamaica Bay flooding source or identified by
quirements. ance coverage under the National Flood Insur- the Administrator as Community Identification
(B) GATHERING RECOMMENDATIONS.—The task ance Program, or a modification to coverage Number 360495 may be or become designated as
force shall gather, and consider in the process under an existing flood insurance contract, for an area having special flood hazards for pur-
developed under subparagraph (A), rec- property damaged by the flooding of the Mis- poses of the National Flood Insurance Program,
ommendations from interested persons in each souri River that commenced on June 1, 2011, unless the designation is made on the basis of—
region relating to the information, data, and ac- that was purchased or made during the period (1) flood hazard analyses of hydrologic, hy-
creditation requirements described in subpara- beginning May 1, 2011, and ending June 6, 2011. draulic, or coastal flood hazards that have been
graph (A). (2) EFFECTIVE DATES.—Notwithstanding sec- properly calibrated and validated, and are spe-
(3) CONSIDERATIONS.—In developing the proc- tion 1306(c) of the National Flood Insurance Act cific and directly relevant to the geographic
ess under paragraph (2), the task force shall of 1968 (42 U.S.C. 4013(c)), or any other provi- area being studied; and
consider changes to— sion of law, any eligible coverage shall— (2) ground elevation information of sufficient
(A) the information and data collected by or (A) be deemed to take effect on the date that accuracy and precision to meet the guidelines of
for the Corps of Engineers under the Inspection is 30 days after the date on which all obligations the Administration for accuracy at the 95 per-
of Completed Works Program; and for the eligible coverage (including completion of cent confidence level.
(B) the flood protection structure accredita- the application and payment of any initial pre- (b) REMAPPING.—
tion requirements. miums owed) are satisfactorily completed; and (1) REMAPPING REQUIRED.—If the Adminis-
(4) RULE OF CONSTRUCTION.—Nothing in this (B) cover damage to property occurring after trator determines that an area described in sub-
section shall be construed to require a reduction the effective date described in subparagraph (A) section (a) has been designated as an area of
in the level of public safety and flood control that resulted from the flooding of the Missouri special flood hazard on the basis of information
provided by accredited levees, as determined by River that commenced on June 1, 2011, if the that does not comply with the requirements
the Administrator for purposes of this section. property did not suffer damage or loss as a re- under subsection (a), the Administrator shall re-
(c) IMPLEMENTATION.—The Administrator and sult of such flooding before the effective date de- vise and update any National Flood Insurance
the Secretary of the Army, acting through the scribed in subparagraph (A). Program rate map for the area—
Chief of Engineers, shall implement the process (c) TIMELY NOTIFICATION.—Not later than 90 (A) using information that complies with the
developed by the task force under subsection (b) days after the date on which the Administrator requirements under subsection (a); and
not later than 1 year after the date of enactment submits the report required under subsection (B) in accordance with the procedures estab-
of this Act and shall complete the process under (a)(2), the Administrator shall, taking into con- lished under section 1363 of the National Flood
subsection (b) not later than 2 years after the sideration the results of the review under sub- Insurance Act of 1968 (42 U.S.C. 4104) for flood
date of enactment of this Act. section (a)(1)(B), develop procedures for pro- elevation determinations.
(d) REPORTS.—The Administrator and the Sec- viding timely notification, to the extent prac- (2) INTERIM PERIOD.—A National Flood Insur-
retary of the Army, acting through the Chief of ticable, to policyholders who have purchased ance Program rate map in effect on the date of
Engineers, in cooperation with the National flood insurance coverage under the National enactment of this Act for an area for which the
Administrator has made a determination under shall determine that a community has made ade- (A) the Administrator determines that the
paragraph (1) shall continue in effect with re- quate progress on the reconstruction or improve- community has not made adequate continuing
spect to the area during the period— ment of a flood protection system if— progress; or
(A) beginning on the date of enactment of this (i) 100 percent of the project cost has been au- (B) on the date that is 5 years after the date
Act; and thorized; on which the reconstruction or construction of
(B) ending on the date on which the Adminis- (ii) not less than 60 percent of the project cost the improvement commences, the project has not
trator determines that the requirements under has been secured or appropriated; been completed.
section 1363 of the National Flood Insurance Act (iii) not less than 50 percent of the flood pro- (3) WAIVER.—A person whose eligibility would
of 1968 (42 U.S.C. 4104) for flood elevation deter- tection system has been assessed as being with- otherwise be terminated under paragraph (2)(B)
minations have been met with respect to a revi- out deficiencies; and shall continue to be eligible to purchase flood
sion and update under paragraph (1) of a Na- (iv) the reconstruction or improvement has a insurance coverage described in subsection (a) if
tional Flood Insurance Program rate map for project schedule that does not exceed 5 years, the Administrator determines—
the area. beginning on the date on which the reconstruc- (A) the community has made adequate con-
(3) DEADLINE.—The Administrator shall issue tion or construction of the improvement com- tinuing progress on the reconstruction or im-
a preliminary National Flood Insurance Pro- mences. provement of a flood protection system; and
gram rate map resulting from a revision and up- (B) CONSIDERATIONS.—In determining whether (B) there is a reasonable expectation that the
date required under paragraph (1) not later a flood protection system has been assessed as reconstruction or improvement of the flood pro-
than 1 year after the date of enactment of this being without deficiencies, the Administrator tection system will be completed not later than
Act. shall consider the requirements under section 1 year after the date of the determination under
(4) RISK PREMIUM RATE CLARIFICATION.— 65.10 of chapter 44, Code of Federal Regulations, this paragraph.
(A) IN GENERAL.—If a revision and update re- or any successor thereto. (4) RISK PREMIUM RATE.—If the Administrator
quired under paragraph (1) results in a reduc- (C) DATE OF COMMENCEMENT.—For purposes terminates the eligibility of persons residing in a
tion in the risk premium rate for a property in of subparagraph (A)(iv) of this paragraph and community to purchase flood insurance cov-
an area for which the Administrator has made subsection (b)(2)(B), the date of commencement erage described in subsection (a), the Adminis-
a determination under paragraph (1), the Ad- of the reconstruction or improvement of a flood trator shall establish an appropriate risk pre-
ministrator shall— protection system that is undergoing reconstruc- mium rate for flood insurance coverage under
(i) calculate the difference between the re- tion or improvement on the date of enactment of the National Flood Insurance Program for per-
duced risk premium rate and the risk premium this Act shall be deemed to be the date on which sons residing in the community that purchased
rate paid by a policyholder with respect to the the owner of the flood protection system submits flood insurance coverage before the date on
property during the period— a request under paragraph (3). which the termination of eligibility takes effect,
(I) beginning on the date on which the Na- (3) REQUEST FOR DETERMINATION.—The owner taking into consideration the then-current state
tional Flood Insurance Program rate map in ef- of a flood protection system that is undergoing of the flood protection system.
fect for the area on the date of enactment of this reconstruction or improvement on the date of (c) ADDITIONAL AUTHORITY.—
Act took effect; and enactment of this Act may submit to the Admin- (1) ADDITIONAL AUTHORITY.—Notwithstanding
(II) ending on the date on which the revised istrator a request for a determination under subsection (a), in exceptional and exigent cir-
or updated National Flood Insurance Program paragraph (2) that the community in which the cumstances, the Administrator may, in the Ad-
rate map takes effect; and flood protection system is located has made ade- ministrator’s sole discretion, determine that a
(ii) reimburse the policyholder an amount quate progress on the reconstruction or improve- person residing in a community, which is a par-
equal to such difference. ment of the flood protection system. ticipant in the National Flood Insurance Pro-
(B) FUNDING.—Notwithstanding section 1310 (4) RULE OF CONSTRUCTION.—Nothing in this gram, that has begun reconstruction or improve-
of the National Flood Insurance Act of 1968 (42 subsection shall be construed to prohibit the Ad- ment of a flood protection system that will af-
U.S.C. 4017), there shall be available to the Ad- ministrator from making a determination under ford flood protection for a 100-year floodplain
ministrator from premiums deposited in the Na- paragraph (2) for any community in which a (without regard to the level of Federal funding
tional Flood Insurance Fund pursuant to sub- flood protection system is not undergoing recon- of or participation in the reconstruction or im-
section (d) of such section 1310, of amounts not struction or improvement on the date of enact- provement) shall be eligible for flood insurance
otherwise obligated, the amount necessary to ment of this Act. coverage under the National Flood Insurance
carry out this paragraph. (b) TERMINATION OF ELIGIBILITY.— Program at a risk premium rate that does not
(c) TERMINATION.— (1) ADEQUATE CONTINUING PROGRESS.—The exceed the risk premium rate that would be
(1) IN GENERAL.—Except as provided in para- Administrator shall issue rules to establish a chargeable if the flood protection system had
graph (2), this section shall cease to have effect method of determining whether a community been completed, provided—
on the effective date of a National Flood Insur- has made adequate continuing progress on the (A) the community makes a written request for
ance Program rate map revised and updated reconstruction or improvement of a flood protec- the determination setting forth the exceptional
under subsection (b)(1). tion system that includes— and exigent circumstances, including why the
(2) REIMBURSEMENTS.—Subsection (b)(4) shall (A) a requirement that the Administrator community cannot meet the criteria for ade-
cease to have effect on the date on which the shall— quate progress set forth in under subsection
Administrator has made all reimbursements re- (i) consult with the owner of the flood protec-
(a)(2)(A) and why immediate relief is necessary;
quired under subsection (b)(4). tion system—
(B) the Administrator submits a written report
SEC. 100230. ELIGIBILITY FOR FLOOD INSURANCE (I) 6 months after the date of a determination
setting forth findings of the exceptional and exi-
FOR PERSONS RESIDING IN COMMU- under subsection (a);
gent circumstances on which the Administrator
NITIES THAT HAVE MADE ADEQUATE (II) 18 months after the date of a determina-
based an affirmative determination to the Com-
PROGRESS ON THE RECONSTRUC- tion under subsection (a); and
TION OR IMPROVEMENT OF A FLOOD (III) 36 months after the date of a determina- mittee on Banking, Housing, and Urban Affairs
PROTECTION SYSTEM. tion under subsection (a); and of the Senate, and the Committee on Financial
(a) ELIGIBILITY FOR FLOOD INSURANCE COV- (ii) after each consultation under clause (i), Services of the House of Representatives not
ERAGE.— determine whether the reconstruction or im- later than 15 days before making the determina-
(1) IN GENERAL.—Notwithstanding any other provement is reasonably likely to be completed tion; and
provision of law (including section 1307(e) of the in accordance with the project schedule de- (C) the eligibility for flood insurance coverage
National Flood Insurance Act of 1968 (42 U.S.C. scribed in subsection (a)(2)(A)(iv); and at a risk premium rate determined under this
4014(e))), a person residing in a community that (B) a requirement that, if the Administrator subsection terminates no later than 1 year after
the Administrator determines has made ade- makes a determination under subparagraph the date on which the Administrator makes the
quate progress on the reconstruction or improve- (A)(ii) that reconstruction or improvement is not determination.
ment of a flood protection system that will af- reasonably likely to be completed in accordance (2) LIMITATION.—Upon termination of eligi-
ford flood protection for a 100-year floodplain with the project schedule, the Administrator bility under paragraph (1)(C), a community may
(without regard to the level of Federal funding shall— submit another request pursuant to paragraph
of or participation in the construction, recon- (i) not later than 30 days after the date of the (1)(A). The Administrator may make no more
struction, or improvement), shall be eligible for determination, notify the owner of the flood than two determinations under paragraph (1)
flood insurance coverage under the National protection system of the determination and pro- with respect to persons residing within any sin-
Flood Insurance Program— vide the rationale and evidence for the deter- gle requesting community.
(A) if the person resides in a community that mination; and (3) TERMINATION.—The authority provided
is a participant in the National Flood Insurance (ii) provide the owner of the flood protection under paragraphs (1) and (2) shall terminate
Program; and system the opportunity to appeal the determina- two years after the enactment of this Act.
(B) at a risk premium rate that does not ex- tion. SEC. 100231. STUDIES AND REPORTS.
ceed the risk premium rate that would be (2) TERMINATION.—The Administrator shall (a) REPORT ON IMPROVING THE NATIONAL
chargeable if the flood protection system had terminate the eligibility for flood insurance cov- FLOOD INSURANCE PROGRAM.—Not later than 1
been completed. erage under subsection (a) for persons residing year after the date of enactment of this Act, the
(2) ADEQUATE PROGRESS.— in a community with respect to which the Ad- Comptroller General of the United States shall
(A) RECONSTRUCTION OR IMPROVEMENT.—For ministrator made a determination under sub- conduct a study and submit a report to the Com-
purposes of paragraph (1), the Administrator section (a) if— mittee on Banking, Housing, and Urban Affairs
of the Senate and the Committee on Financial (G) the estimate of the Administrator as to the flood losses behind levees for residential and
Services of the House of Representatives, on— maximum amount of claims that the National commercial structures;
(1) the number of flood insurance policy hold- Flood Insurance Program would have to expend (ii) rank each best practice recommended
ers currently insuring— in the event of a catastrophic year; under clause (i) based on the best value, bal-
(A) a residential structure up to the maximum (H) the average— ancing cost, scientific integrity, and the inher-
available coverage amount, as established in (i) amount of insurance carried per flood in- ent uncertainties associated with all aspects of
section 61.6 of title 44, Code of Federal Regula- surance policy; the loss estimate, including geotechnical engi-
tions, of— (ii) premium per flood insurance policy; and neering, flood frequency estimates, economic
(i) $250,000 for the structure; and (iii) loss per flood insurance policy; and value, and direct damages;
(ii) $100,000 for the contents of such structure; (I) the number of claims involving damages in (iii) research, review, and identify current
or excess of the maximum amount of flood insur-
(B) a commercial structure up to the maximum best floodplain management and land use prac-
ance available under the National Flood Insur- tices behind levees that effectively balance so-
available coverage amount, as established in ance Program and the sum of the amount of all
section 61.6 of title 44, Code of Federal Regula- cial, economic, and environmental consider-
damages in excess of such amount. ations as part of an overall flood risk manage-
tions, of $500,000; (c) GAO STUDY ON PRE-FIRM STRUCTURES.—
(2) the increased losses the National Flood In- ment strategy;
Not later than 1 year after the date of enact-
surance Program would have sustained during (iv) identify areas in which the best floodplain
ment of this Act, the Comptroller General of the
the 2004 and 2005 hurricane season if the Na- management and land use practices described in
United States shall conduct a study and submit
tional Flood Insurance Program had insured all clause (iii) have proven effective and recommend
a report to the Committee on Banking, Housing,
policyholders up to the maximum conforming methods and processes by which such practices
and Urban Affairs of the Senate and the Com-
loan limit for fiscal year 2006 of $417,000, as es- could be applied more broadly across the United
mittee on Financial Services of the House of
tablished under section 302(b)(2) of the Federal States, given the variety of different flood risks,
Representatives, on the—
National Mortgage Association Charter Act (12 State and local legal frameworks, and evolving
(1) composition of the remaining pre-FIRM
U.S.C. 1717(b)(2)); judicial opinions;
structures that are explicitly receiving dis-
(3) the availability in the private marketplace (v) research, review, and identify a variety of
counted premium rates under section 1307 of the
of flood insurance coverage in amounts that ex- flood insurance pricing options for flood haz-
National Flood Insurance Act of 1968 (42 U.S.C.
ceed the current limits of coverage amounts es- ards behind levees that are actuarially sound
4014), including the historical basis for the re-
tablished in section 61.6 of title 44, Code of Fed- and based on the flood risk data developed
ceipt of such subsidy and the extent to which
eral Regulations; and using the 3 best practices recommended under
pre-FIRM structures are currently owned by the
(4) what effect, if any— clause (i) that have the best value as determined
(A) raising the current limits of coverage same owners of the property at the time of the
under clause (ii);
amounts established in section 61.6 of title 44, original National Flood Insurance Program rate
(vi) evaluate and recommend methods to re-
Code of Federal Regulations, would have on the map;
(2) number and fair market value of such duce insurance costs through creative arrange-
ability of private insurers to continue providing ments between insureds and insurers while
structures;
flood insurance coverage; and keeping a clear accounting of how much finan-
(3) respective income level of the owners of
(B) reducing the current limits of coverage cial risk is being borne by various parties such
such structures;
amounts established in section 61.6 of title 44, that the entire risk is accounted for, including
(4) number of times each such structure has
Code of Federal Regulations, would have on the establishment of explicit limits on disaster aid or
been sold since 1968, including specific dates,
ability of private insurers to provide sufficient other assistance in the event of a flood; and
sales price, and any other information the Sec-
flood insurance coverage to effectively replace (vii) taking into consideration the rec-
retary determines appropriate;
the current level of flood insurance coverage (5) total losses incurred by such structures ommendations under clauses (i) through (iii),
being provided under the National Flood Insur- since the establishment of the National Flood recommend approaches to communicate the as-
ance Program. Insurance Program compared to the total losses sociated risks to community officials, home-
(b) REPORT OF THE ADMINISTRATOR ON ACTIVI- owners, and other residents of communities.
incurred by all structures that are charged a
TIES UNDER THE NATIONAL FLOOD INSURANCE (2) REPORT.—The contract under paragraph
nondiscounted premium rate;
PROGRAM.— (6) total cost of foregone premiums since the (1)(A) shall provide that not later than 12
(1) IN GENERAL.—The Administrator shall, on
establishment of the National Flood Insurance months after the date of enactment of this Act,
an annual basis, submit a full report on the op-
Program, as a result of the subsidies provided to the National Academy of Sciences shall submit
erations, activities, budget, receipts, and ex-
such structures; to the Committee on Banking, Housing, and
penditures of the National Flood Insurance Pro-
(7) annual cost as a result of the subsidies Urban Affairs of the Senate and the Committee
gram for the preceding 12-month period to the
provided to such structures; on Financial Services and the Committee on
Committee on Banking, Housing, and Urban Af- (8) the premium income collected and the Science, Space, and Technology of the House of
fairs of the Senate and the Committee on Finan- losses incurred by the National Flood Insurance Representatives a report on the study under
cial Services of the House of Representatives. Program as a result of such explicitly subsidized paragraph (1) that includes the information and
(2) TIMING.—Each report required under para-
structures compared to the premium income col- recommendations required under paragraph (1).
graph (1) shall be submitted to the committees
lected and the losses incurred by such Program SEC. 100232. REINSURANCE.
described in paragraph (1) not later than 3
as a result of structures that are charged a non- (a) FEMA AND GAO REPORTS ON PRIVATIZA-
months following the end of each fiscal year.
(3) CONTENTS.—Each report required under discounted premium rate, on a State-by-State TION.—Not later than 18 months after the date
paragraph (1) shall include— basis; and of enactment of this Act, the Administrator and
(A) the current financial condition and in- (9) the options for eliminating the subsidy to the Comptroller General of the United States
come statement of the National Flood Insurance such structures. shall each—
(d) GAO REVIEW OF FEMA CONTRACTORS.—
Fund established under section 1310 of the Na- (1) conduct a separate study to assess a broad
The Comptroller General of the United States, in
tional Flood Insurance Act of 1968 (42 U.S.C. range of options, methods, and strategies for
conjunction with the Office of the Inspector
4017), including— privatizing the National Flood Insurance Pro-
(i) premiums paid into such Fund; General of the Department of Homeland Secu-
gram; and
(ii) policy claims against such Fund; and rity, shall—
(2) submit a report to the Committee on Finan-
(iii) expenses in administering such Fund; (1) conduct a review of the 3 largest contrac-
cial Services of the House of Representatives
(B) the number and face value of all policies tors the Administrator uses in administering the
and the Committee on Banking, Housing, and
issued under the National Flood Insurance Pro- National Flood Insurance Program; and
(2) not later than 18 months after the date of Urban Affairs of the Senate with recommenda-
gram that are in force; tions for the best manner to accomplish the pri-
(C) a description and summary of the losses enactment of this Act, submit a report on the
findings of such review to the Administrator, vatization described in paragraph (1).
attributable to repetitive loss structures;
(D) a description and summary of all losses the Committee on Banking, Housing, and Urban (b) PRIVATE RISK-MANAGEMENT INITIATIVES.—
incurred by the National Flood Insurance Pro- Affairs of the Senate, and the Committee on Fi- The Administrator may carry out such private
gram due to— nancial Services of the House of Representa- risk-management initiatives as are otherwise au-
(i) hurricane related damage; and tives. thorized under applicable law, as the Adminis-
(ii) nonhurricane related damage; (e) STUDY AND REPORT ON GRADUATED RISK.— trator considers appropriate to determine the ca-
(E) the amounts made available by the Admin- (1) STUDY.— pacity of private insurers, reinsurers, and finan-
istrator for mitigation assistance under section (A) STUDY REQUIRED.—The Administrator cial markets to assist communities, on a vol-
1366(c)(4) of the National Flood Insurance Act shall enter into a contract under which the Na- untary basis only, in managing the full range of
of 1968 (42 U.S.C. 4104c(c)(4)), as so redesignated tional Academy of Sciences shall conduct a financial risks associated with flooding.
by this Act, for the purchase of properties sub- study exploring methods for understanding (c) REINSURANCE ASSESSMENT.—
stantially damaged by flood for that fiscal year, graduated risk behind levees and the associated (1) PRIVATE MARKET PRICING ASSESSMENT.—
and the actual number of flood damaged prop- land development, insurance, and risk commu- Not later than 12 months after the date of enact-
erties purchased and the total cost expended to nication dimensions. ment of this Act, the Administrator shall submit
purchase such properties; (B) CONTENTS OF STUDY.—The study under to Congress a report that—
(F) the estimate of the Administrator as to the this paragraph shall— (A) assesses the capacity of the private rein-
average historical loss year, and the basis for (i) research, review, and recommend current surance, capital, and financial markets to assist
that estimate; best practices for estimating direct annualized communities, on a voluntary basis, in managing
the full range of financial risks associated with (5) in section 1370(a)(3) (42 U.S.C. 4121(a)(3)), state all conditions, exclusions, and other limi-
flooding by requesting proposals to assume a by striking ‘‘include any’’ and all that follows tations pertaining to coverage under the subject
portion of the insurance risk of the National and inserting the following: ‘‘include any orga- policy, regardless of the underlying insurance
Flood Insurance Program; nization or person that is authorized to engage product, in plain English, in boldface type, and
(B) describes any responses to the request for in the business of insurance under the laws of in a font size that is twice the size of the text of
proposals under subparagraph (A); any State, subject to the reporting requirements the body of the policy.
(C) assesses whether the rates and terms con- of the Securities Exchange Act of 1934 pursuant (b) VIOLATIONS.—The Administrator may im-
tained in any proposals received by the Admin- to section 13(a) or 15(d) of such Act (15 U.S.C. pose a civil penalty of not more than $50,000 on
istrator are— 78m(a) and 78o(d)), or authorized by the Admin- any person that fails to comply with subsection
(i) reasonable and appropriate; and istrator to assume reinsurance on risks insured (a).
(ii) in an amount sufficient to maintain the by the flood insurance program;’’. SEC. 100235. REPORT ON INCLUSION OF BUILD-
ability of the National Flood Insurance Program (e) ASSESSMENT OF CLAIMS-PAYING ABILITY.— ING CODES IN FLOODPLAIN MAN-
to pay claims; (1) ASSESSMENT.— AGEMENT CRITERIA.
(D) describes the extent to which carrying out (A) ASSESSMENT REQUIRED.— Not later than 6 months after the date of en-
the proposals received by the Administrator (i) IN GENERAL.—Not later than September 30 actment of this Act, the Administrator of the
would minimize the likelihood that the Adminis- of each year, the Administrator shall conduct Federal Emergency Management Agency shall
trator would use the borrowing authority under an assessment of the ability of the National conduct a study and submit a report to the Com-
section 1309 of the National Flood Insurance Act Flood Insurance Program to pay claims. mittee on Banking, Housing, and Urban Affairs
of 1968 (42 U.S.C. 4016); (ii) PRIVATE MARKET REINSURANCE.—The as- of the Senate and the Committee on Financial
(E) describes fluctuations in historical rein- sessment under this paragraph for any year in Services of the House of Representatives regard-
surance rates; and which the Administrator exercises the authority ing the impact, effectiveness, and feasibility of
(F) includes an economic cost-benefit analysis under section 1335(a)(2) of the National Flood amending section 1361 of the National Flood In-
of the impact on the National Flood Insurance Insurance Act of 1968 (42 U.S.C. 4055(a)(2)), as surance Act of 1968 (42 U.S.C. 4102) to include
Program if the Administrator were to exercise added by this section, to secure reinsurance of widely used and nationally recognized building
the authority under section 1335(a)(2) of the Na- coverage provided by the National Flood Insur- codes as part of the floodplain management cri-
tional Flood Insurance Act of 1968 (42 U.S.C. ance Program from the private market shall in- teria developed under such section, and shall
4055(a)(2)), as added by this section, to secure clude information relating the use of private determine—
reinsurance of coverage provided by the Na- sector reinsurance and reinsurance equivalents (1) the regulatory, financial, and economic
tional Flood Insurance Program from the pri- by the Administrator, whether or not the Ad- impacts of such a building code requirement on
vate market. ministrator used the borrowing authority under homeowners, States and local communities, local
(2) PROTOCOL FOR RELEASE OF DATA.—The section 1309 of the National Flood Insurance Act land use policies, and the Federal Emergency
Administrator shall develop a protocol, includ- of 1968 (42 U.S.C. 4016). Management Agency;
ing adequate privacy protections, to provide for (2) the resources required of State and local
(iii) FIRST ASSESSMENT.—The Administrator
the release of data sufficient to conduct the as- communities to administer and enforce such a
shall conduct the first assessment required
sessment required under paragraph (1). building code requirement;
under this paragraph not later than September (3) the effectiveness of such a building code
(d) REINSURANCE.—The National Flood Insur- 30, 2012.
ance Act of 1968 (42 U.S.C. 4001 et seq.) is requirement in reducing flood-related damage to
(B) CONSIDERATIONS.—In conducting an as- buildings and contents;
amended— sessment under subparagraph (A), the Adminis- (4) the impact of such a building code require-
(1) in section 1331(a)(2) (42 U.S.C. 4051(a)(2)), trator shall take into consideration regional ment on the actuarial soundness of the National
by inserting ‘‘, including as reinsurance of cov- concentrations of coverage written by the Na- Flood Insurance Program;
erage provided by the flood insurance program’’ tional Flood Insurance Program, peak flood (5) the effectiveness of nationally recognized
before ‘‘, on such terms’’; zones, and relevant mitigation measures. codes in allowing innovative materials and sys-
(2) in section 1332(c)(2) (42 U.S.C. 4052(c)(2)), (2) ANNUAL REPORT OF THE ADMINISTRATOR OF tems for flood-resistant construction;
by inserting ‘‘or reinsurance’’ after ‘‘flood in- ACTIVITIES UNDER THE NATIONAL FLOOD INSUR- (6) the feasibility and effectiveness of pro-
surance coverage’’; ANCE PROGRAM.—The Administrator shall— viding an incentive in lower premium rates for
(3) in section 1335(a) (42 U.S.C. 4055(a))— (A) include the results of each assessment in flood insurance coverage under such Act for
(A) by striking ‘‘The Director’’ and inserting the report required under section 100231(b); and structures meeting whichever of such widely
the following: (B) not later than 30 days after the date on used and nationally recognized building codes
‘‘(1) IN GENERAL.—The Administrator’’; and which the Administrator completes an assess- or any applicable local building codes provides
(B) by adding at the end the following: ment required under paragraph (1), make the re- greater protection from flood damage;
‘‘(2) PRIVATE REINSURANCE.—The Adminis- sults of the assessment available to the public. (7) the impact of such a building code require-
trator is authorized to secure reinsurance of ment on rural communities with different build-
SEC. 100233. GAO STUDY ON BUSINESS INTERRUP-
coverage provided by the flood insurance pro- TION AND ADDITIONAL LIVING EX- ing code challenges than urban communities;
gram from the private market at rates and on PENSES COVERAGES. and
terms determined by the Administrator to be rea- (a) STUDY.—The Comptroller General of the (8) the impact of such a building code require-
sonable and appropriate, in an amount suffi- United States shall conduct a study con- ment on Indian reservations.
cient to maintain the ability of the program to cerning— SEC. 100236. STUDY OF PARTICIPATION AND AF-
pay claims.’’; (1) the availability of additional living ex- FORDABILITY FOR CERTAIN POLICY-
(4) in section 1346(a) (42 U.S.C. 4082(a))— penses and business interruption coverage in the HOLDERS.
(A) in the matter preceding paragraph (1), by (a) FEMA STUDY.—The Administrator shall
private marketplace for flood insurance;
inserting after ‘‘for the purpose of’’ the fol- conduct a study of—
(2) the feasibility of allowing the National
lowing: ‘‘securing reinsurance of insurance cov- (1) methods to encourage and maintain par-
Flood Insurance Program to offer such coverage
erage provided by the program or for the pur- ticipation in the National Flood Insurance Pro-
at the option of the consumer;
pose of’’; gram;
(3) the estimated cost to consumers if the Na-
(B) in paragraph (1)— (2) methods to educate consumers about the
tional Flood Insurance Program priced such op-
(i) by striking ‘‘estimating’’ and inserting ‘‘Es- National Flood Insurance Program and the
tional coverage at true actuarial rates;
timating’’; and flood risk associated with their property;
(4) the impact such optional coverage would (3) methods for establishing an affordability
(ii) by striking the semicolon at the end and
have on consumer participation in the National framework for the National Flood Insurance
inserting a period;
Flood Insurance Program; and Program, including methods to aid individuals
(C) in paragraph (2)—
(i) by striking ‘‘receiving’’ and inserting ‘‘Re- (5) the fiscal impact such optional coverage to afford risk-based premiums under the Na-
ceiving’’; and would have upon the National Flood Insurance tional Flood Insurance Program through tar-
(ii) by striking the semicolon at the end and Fund if such optional coverage were included in geted assistance rather than generally sub-
inserting a period; the National Flood Insurance Program, as de- sidized rates, including means-tested vouchers;
(D) in paragraph (3)— scribed in paragraph (2), at the price described and
(i) by striking ‘‘making’’ and inserting ‘‘Mak- in paragraph (3). (4) the implications for the National Flood In-
ing’’; and (b) REPORT.—Not later than 1 year after the surance Program and the Federal budget of
(ii) by striking ‘‘ ‘; and’ ’’ and inserting a pe- date of enactment of this Act, the Comptroller using each such method.
riod; General shall submit to the Committee on Bank- (b) NATIONAL ACADEMY OF SCIENCES ECO-
(E) by redesignating paragraph (4) as para- ing, Housing, and Urban Affairs of the Senate NOMIC ANALYSIS.—To inform the Administrator
graph (5); and the Committee on Financial Services of the in the conduct of the study under subsection
(F) in paragraph (5), as so redesignated, by House of Representatives a report containing (a), the Administrator shall enter into a con-
striking ‘‘otherwise’’ and inserting ‘‘Other- the results of the study under subsection (a). tract under which the National Academy of
wise’’; and SEC. 100234. POLICY DISCLOSURES. Sciences, in consultation with the Comptroller
(G) by inserting after paragraph (3) the fol- (a) IN GENERAL.—Notwithstanding any other General of the United States, shall conduct and
lowing new paragraph: provision of law, in addition to any other disclo- submit to the Administrator an economic anal-
‘‘(4) Placing reinsurance coverage on insur- sures that may be required, each policy under ysis of the costs and benefits to the Federal Gov-
ance provided by such program.’’; and the National Flood Insurance Program shall ernment of a flood insurance program with full
risk-based premiums, combined with means-test- ‘‘Director’’ each place that term appears and in- ‘‘(B) RULE OF CONSTRUCTION.—Nothing in this
ed Federal assistance to aid individuals who serting ‘‘Administrator’’. paragraph shall be construed as affecting or
cannot afford coverage, through an insurance SEC. 100239. USE OF PRIVATE INSURANCE TO SAT- otherwise limiting the authority of a Federal en-
voucher program. The analysis shall compare ISFY MANDATORY PURCHASE RE- tity for lending regulation to approve any dis-
the costs of a program of risk-based rates and QUIREMENT. closure made by a regulated lending institution
means-tested assistance to the current system of (a) AMENDMENTS.—Section 102(b) of the Flood for purposes of complying with subparagraph
subsidized flood insurance rates and federally Disaster Protection Act of 1973 (42 U.S.C. (A).
funded disaster relief for people without cov- 4012a(b)) is amended— ‘‘(7) PRIVATE FLOOD INSURANCE DEFINED.—In
erage. (1) in paragraph (1)— this subsection, the term ‘private flood insur-
(c) REPORT.—Not later than 270 days after the (A) by striking the period at the end and in- ance’ means an insurance policy that—
date of enactment of this Act, the Administrator serting ‘‘; and’’; ‘‘(A) is issued by an insurance company that
shall submit to the Committee on Banking, (B) by striking ‘‘lending institutions not to is—
Housing, and Urban Affairs of the Senate and make’’ and inserting ‘‘lending institutions— ‘‘(i) licensed, admitted, or otherwise approved
the Committee on Financial Services of the ‘‘(A) not to make’’; and to engage in the business of insurance in the
House of Representatives a report that contains (C) by adding at the end the following: State or jurisdiction in which the insured build-
the results of the study and analysis under this ‘‘(B) to accept private flood insurance as sat- ing is located, by the insurance regulator of that
section. isfaction of the flood insurance coverage re- State or jurisdiction; or
(d) FUNDING.—Notwithstanding section 1310 of quirement under subparagraph (A) if the cov- ‘‘(ii) in the case of a policy of difference in
the National Flood Insurance Act of 1968 (42 erage provided by such private flood insurance conditions, multiple peril, all risk, or other blan-
U.S.C. 4017), there shall be available to the Ad- meets the requirements for coverage under such ket coverage insuring nonresidential commercial
ministrator from the National Flood Insurance subparagraph.’’; property, is recognized, or not disapproved, as a
Fund, of amounts not otherwise obligated, not (2) in paragraph (2)— surplus lines insurer by the insurance regulator
more than $750,000 to carry out this section. (A) by striking ‘‘paragraph (1)’’ each place
of the State or jurisdiction where the property to
that term appears and inserting ‘‘paragraph
SEC. 100237. STUDY AND REPORT CONCERNING be insured is located;
THE PARTICIPATION OF INDIAN (1)(A)’’; and
‘‘(B) provides flood insurance coverage which
TRIBES AND MEMBERS OF INDIAN (B) by inserting after the first sentence the
is at least as broad as the coverage provided
TRIBES IN THE NATIONAL FLOOD IN- following: ‘‘Each Federal agency lender shall
under a standard flood insurance policy under
SURANCE PROGRAM. accept private flood insurance as satisfaction of
the national flood insurance program, including
(a) DEFINITION.—In this section, the term ‘‘In- the flood insurance coverage requirement under
when considering deductibles, exclusions, and
dian tribe’’ has the meaning given that term in the preceding sentence if the flood insurance
conditions offered by the insurer;
section 4 of the Indian Self-Determination and coverage provided by such private flood insur-
‘‘(C) includes—
Education Assistance Act (25 U.S.C. 450b). ance meets the requirements for coverage under
‘‘(i) a requirement for the insurer to give 45
(b) FINDINGS.—Congress finds that participa- such sentence.’’;
(3) in paragraph (3), in the matter following days’ written notice of cancellation or non-re-
tion by Indian tribes in the National Flood In-
subparagraph (B), by striking ‘‘paragraph (1).’’ newal of flood insurance coverage to—
surance Program is low. Only 45 of 565 Indian
and inserting ‘‘paragraph (1)(A). The Federal ‘‘(I) the insured; and
tribes participate in the National Flood Insur-
National Mortgage Association and the Federal ‘‘(II) the regulated lending institution or Fed-
ance Program.
(c) STUDY.—The Comptroller General of the Home Loan Mortgage Corporation shall accept eral agency lender;
United States, in coordination and consultation private flood insurance as satisfaction of the ‘‘(ii) information about the availability of
with Indian tribes and members of Indian tribes flood insurance coverage requirement under flood insurance coverage under the national
throughout the United States, shall carry out a paragraph (1)(A) if the flood insurance coverage flood insurance program;
study that examines— provided by such private flood insurance meets ‘‘(iii) a mortgage interest clause similar to the
(1) the factors contributing to the current the requirements for coverage under such para- clause contained in a standard flood insurance
rates of participation by Indian tribes and mem- graph and any requirements established by the policy under the national flood insurance pro-
bers of Indian tribes in the National Flood In- Federal National Mortgage Association or the gram; and
surance Program; and Federal Home Loan Mortgage Corporation, re- ‘‘(iv) a provision requiring an insured to file
(2) methods of encouraging participation by spectively, relating to the financial solvency, suit not later than 1 year after date of a written
Indian tribes and members of Indian tribes in strength, or claims-paying ability of private in- denial of all or part of a claim under the policy;
the National Flood Insurance Program. surance companies from which the Federal Na- and
(d) REPORT.—Not later than 6 months after tional Mortgage Association or the Federal ‘‘(D) contains cancellation provisions that are
the date of enactment of this Act, the Comp- Home Loan Mortgage Corporation will accept as restrictive as the provisions contained in a
troller General shall submit to Congress a report private flood insurance.’’; and standard flood insurance policy under the na-
that— (4) by adding at the end the following: tional flood insurance program.’’.
(1) contains the results of the study carried ‘‘(5) RULE OF CONSTRUCTION.—Nothing in this (b) TECHNICAL AND CONFORMING AMEND-
out under subsection (c); subsection shall be construed to supersede or MENT.—Section 1364(a)(3)(C) of the National
(2) describes the steps that the Administrator limit the authority of a Federal entity for lend- Flood Insurance Act of 1968 (42 U.S.C.
should take to increase awareness and encour- ing regulation, the Federal Housing Finance 4104a(a)(3)(C)) is amended by inserting after
age participation by Indian tribes and members Agency, a Federal agency lender, the Federal ‘‘private insurers’’ the following: ‘‘, as required
of Indian tribes in the National Flood Insurance National Mortgage Association, or the Federal under section 102(b)(6) of the Flood Disaster
Program; and Home Loan Mortgage Corporation to establish Protection Act of 1973 (42 U.S.C. 4012a(b)(6))’’.
(3) identifies any legislative changes that requirements relating to the financial solvency, SEC. 100240. LEVEES CONSTRUCTED ON CERTAIN
would encourage participation by Indian tribes strength, or claims-paying ability of private in- PROPERTIES.
and members of Indian tribes in the National surance companies from which the entity or (a) DEFINITION.—In this section, the term
Flood Insurance Program. agency will accept private flood insurance. ‘‘covered hazard mitigation land’’ means land
SEC. 100238. TECHNICAL CORRECTIONS. ‘‘(6) NOTICE.— that—
(a) FLOOD DISASTER PROTECTION ACT OF ‘‘(A) IN GENERAL.—Each lender shall disclose (1) was acquired and deed restricted under
1973.—The Flood Disaster Protection Act of 1973 to a borrower that is subject to this subsection section 1366 of the National Flood Insurance Act
(42 U.S.C. 4002 et seq.) is amended— that— of 1968 (42 U.S.C. 4104c) during the period begin-
(1) by striking ‘‘Director’’ each place that ‘‘(i) flood insurance is available from private ning on January 1, 1999, and ending December
term appears, except in section 102(f)(3) (42 insurance companies that issue standard flood 31, 2011;
U.S.C. 4012a(f)(3)), and inserting ‘‘Adminis- insurance policies on behalf of the national (2) is located at—
trator’’; and flood insurance program or directly from the na- (A) 1029 Oak Street, Fargo, North Dakota;
(2) in section 201(b) (42 U.S.C. 4105(b)), by tional flood insurance program; (B) 27 South Terrace, Fargo, North Dakota;
striking ‘‘Director’s’’ and inserting ‘‘Adminis- ‘‘(ii) flood insurance that provides the same (C) 1033 Oak Street, Fargo, North Dakota;
trator’s’’. level of coverage as a standard flood insurance (D) 308 Schnell Drive, Oxbow, North Dakota;
(b) NATIONAL FLOOD INSURANCE ACT OF policy under the national flood insurance pro- or
1968.—The National Flood Insurance Act of 1968 gram may be available from a private insurance (E) 306 Schnell Drive, Oxbow, North Dakota;
(42 U.S.C. 4001 et seq.) is amended— company that issues policies on behalf of the and
(1) by striking ‘‘Director’’ each place that company; and (3) is located in a community that—
term appears and inserting ‘‘Administrator’’; ‘‘(iii) the borrower is encouraged to compare (A) is participating in the National Flood In-
(2) in section 1363 (42 U.S.C. 4104), by striking the flood insurance coverage, deductibles, exclu- surance Program on the date on which a State,
‘‘Director’s’’ each place that term appears and sions, conditions and premiums associated with local, or tribal government submits an applica-
inserting ‘‘Administrator’s’’; and flood insurance policies issued on behalf of the tion requesting to construct a permanent flood
(3) in section 1370(a)(9) (42 U.S.C. 4121(a)(9)), national flood insurance program and policies risk reduction levee under subsection (b); and
by striking ‘‘the Office of Thrift Supervision,’’. issued on behalf of private insurance companies (B) certifies to the Administrator and the
(c) FEDERAL FLOOD INSURANCE ACT OF 1956.— and to direct inquiries regarding the avail- Chief of Engineers that the community will con-
Section 15(e) of the Federal Flood Insurance Act ability, cost, and comparisons of flood insurance tinue to participate in the National Flood Insur-
of 1956 (42 U.S.C. 2414(e)) is amended by striking coverage to an insurance agent. ance Program.
(b) AUTHORITY.—Notwithstanding any other that is a result of, or is exacerbated by, post- ‘‘(ii) in the case of a building code enforce-
prohibition on construction on property ac- wildfire conditions, after consultation with an ment department serving an area with a popu-
quired with funding from the Federal Emer- authorized employee of the Federal agency that lation of between 20,001 and 50,000, equal to not
gency Management Agency for conversion to has jurisdiction of the land on which the wild- less than 25 percent of the total amount of any
open space purposes, the Administrator shall fire that caused the post-wildfire conditions oc- funds made available under this title that are
allow the construction of a permanent flood risk curred; and used under this paragraph; and
reduction levee by a State, local, or tribal gov- ‘‘(ii) the flood insurance coverage was pur- ‘‘(iii) in the case of a building code enforce-
ernment on covered hazard mitigation land if— chased not later than 60 days after the fire con- ment department serving an area with a popu-
(1) the Administrator and the Chief of Engi- tainment date, as determined by the appropriate lation of less than 20,000, equal to not less than
neers make a determination that— Federal employee, relating to the wildfire that 12.5 percent of the total amount of any funds
(A) construction of the proposed permanent caused the post-wildfire conditions described in made available under this title that are used
flood risk reduction levee would more effectively clause (i).’’. under this paragraph,
mitigate against flooding risk than an open SEC. 100242. PERMISSIBLE LAND USE UNDER FED- except that the Secretary may waive the match-
floodplain or other flood risk reduction meas- ERAL FLOOD INSURANCE PLAN.
ing fund requirements under this subparagraph,
ures; Chapter I of the National Flood Insurance Act in whole or in part, based upon the level of eco-
(B) the proposed permanent flood risk reduc- of 1968 (42 U.S.C. 4011 et seq.) is amended by nomic distress of the jurisdiction in which is lo-
tion levee complies with Federal, State, and adding at the end the following: cated the local building code enforcement de-
local requirements, including mitigation of ad- ‘‘SEC. 1325. TREATMENT OF SWIMMING POOL EN-
partment that is using amounts for purposes
verse impacts and implementation of floodplain CLOSURES OUTSIDE OF HURRICANE
SEASON. under this paragraph, and shall waive such
management requirements, which shall include
‘‘(a) IN GENERAL.—Notwithstanding any other matching fund requirements in whole for any
an evaluation of whether the construction, op-
provision of law, including the adequate land recipient jurisdiction that has dedicated all
eration, and maintenance of the proposed
use and control measures developed pursuant to building code permitting fees to the conduct of
levee—
section 1361 and applicable to non-one- and local building code enforcement; and
(i) would continue to meet best available in-
two-family structures located within coastal ‘‘(B) any building code enforcement depart-
dustry standards and practices;
(ii) would be the most cost-effective measure to areas, as identified by the Administrator, the ment using funds made available under this title
protect against the assessed flood risk; and following may be permitted: for purposes under this paragraph shall
(iii) minimizes future costs to the Federal Gov- ‘‘(1) Nonsupporting breakaway walls in the empanel a code administration and enforcement
ernment; space below the lowest elevated floor of a build- team consisting of at least 1 full-time building
(C) the State, local, or tribal government seeking, if the space is used solely for a swimming code enforcement officer, a city planner, and a
ing to construct the proposed permanent flood pool between November 30 and June 1 of any health planner or similar officer; and
risk reduction levee has provided an adequate year, in an area designated as Zone V on a ‘‘(28) provision of assistance to local govern-
maintenance plan that documents the proce- flood insurance rate map. mental agencies responsible for floodplain man-
dures the State, local, or tribal government will ‘‘(2) Openings in walls in the space below the agement activities (including such agencies of
use to ensure that the stability, height, and lowest elevated floor of a building, if the space Indians tribes, as such term is defined in section
overall integrity of the proposed levee and the is used solely for a swimming pool between No- 4 of the Native American Housing Assistance
structure and systems of the proposed levee are vember 30 and June 1 of any year, in an area and Self-Determination Act of 1996 (25 U.S.C.
maintained, including— designated as Zone A on a flood insurance rate 4103)) in communities that participate in the na-
(i) specifying the maintenance activities to be map. tional flood insurance program under the Na-
performed; ‘‘(b) RULE OF CONSTRUCTION.—Nothing in tional Flood Insurance Act of 1968 (42 U.S.C.
(ii) specifying the frequency with which main- subsection (a) shall be construed to alter the 4001 et seq.), only for carrying out outreach ac-
tenance activities will be performed; terms and conditions of eligibility and insur- tivities to encourage and facilitate the purchase
(iii) specifying the person responsible for per- ability of coverage for a building under the of flood insurance protection under such Act by
forming each maintenance activity (by name or standard flood insurance policy under the na- owners and renters of properties in such commu-
title); tional flood insurance program.’’. nities and to promote educational activities that
(iv) detailing the plan for financing the main- SEC. 100243. CDBG ELIGIBILITY FOR FLOOD IN- increase awareness of flood risk reduction; ex-
tenance of the levee; and SURANCE OUTREACH ACTIVITIES cept that—
(v) documenting the ability of the State, local, AND COMMUNITY BUILDING CODE ‘‘(A) amounts used as provided under this
or tribal government to finance the maintenance ADMINISTRATION GRANTS. paragraph shall be used only for activities de-
of the levee; and (a) AMENDMENTS.—Section 105(a) of the Hous- signed to—
(2) before the commencement of construction, ing and Community Development Act of 1974 (42 ‘‘(i) identify owners and renters of properties
the State, local, or tribal government provides to U.S.C. 5305(a)) is amended— in communities that participate in the national
the Administrator an amount— (1) by redesignating paragraph (25) as para- flood insurance program, including owners of
(A) equal to the Federal share of all project graph (26); residential and commercial properties;
costs previously provided by the Administrator (2) by redesignating the second paragraph ‘‘(ii) notify such owners and renters when
under the applicable program for each deed redesignated as paragraph (24) (relating to tor- their properties become included in, or when
stricted parcel of the covered hazard mitigation nado-safe shelters) as paragraph (25); they are excluded from, an area having special
land, which the Administrator shall deposit in (3) in paragraph (24) (relating to homeowner-
flood hazards and the effect of such inclusion or
the National Flood Insurance Fund; and ship among persons with low and moderate in-
exclusion on the applicability of the mandatory
(B) that does not include any Federal funds. come), by striking ‘‘and’’ at the end;
(4) in paragraph (25), as so redesignated, by flood insurance purchase requirement under
(c) MAINTENANCE CERTIFICATION.—
striking ‘‘and’’ at the end; section 102 of the Flood Disaster Protection Act
(1) IN GENERAL.—A State, local, or tribal gov-
(5) in paragraph (26), as so redesignated, by of 1973 (42 U.S.C. 4012a) to such properties;
ernment that constructs a permanent flood risk
striking the period at the end and inserting a ‘‘(iii) educate such owners and renters regard-
reduction levee under subsection (b) shall sub-
semicolon; and ing the flood risk and reduction of this risk in
mit to the Administrator and the Chief of Engi-
(6) by adding at the end the following new their community, including the continued flood
neers an annual certification indicating wheth-
paragraphs: risks to areas that are no longer subject to the
er the State, local, or tribal government is in
‘‘(27) supplementing existing State or local flood insurance mandatory purchase require-
compliance with the maintenance plan provided
funding for administration of building code en- ment;
under subsection (b)(1)(C).
(2) REVIEW.—The Chief of Engineers shall re- forcement by local building code enforcement ‘‘(iv) educate such owners and renters regard-
view each certification submitted under para- departments, including for increasing staffing, ing the benefits and costs of maintaining or ac-
graph (1) and determine whether the State, providing staff training, increasing staff com- quiring flood insurance, including, where appli-
local, or tribal government has complied with petence and professional qualifications, and cable, lower-cost preferred risk policies under
the maintenance plan. supporting individual certification or depart- this title for such properties and the contents of
mental accreditation, and for capital expendi- such properties;
SEC. 100241. INSURANCE COVERAGE FOR PRIVATE
PROPERTIES AFFECTED BY FLOOD- tures specifically dedicated to the administra- ‘‘(v) encourage such owners and renters to
ING FROM FEDERAL LANDS. tion of the building code enforcement depart- maintain or acquire such coverage;
Section 1306(c)(2) of the National Flood Insur- ment, except that, to be eligible to use amounts ‘‘(vi) notify such owners of where to obtain
ance Act of 1968 (42 U.S.C. 4013(c)(2)) is amend- as provided in this paragraph— information regarding how to obtain such cov-
ed— ‘‘(A) a building code enforcement department erage, including a telephone number, mailing
(1) in subparagraph (A), by striking ‘‘or’’ at shall provide matching, non-Federal funds to be address, and Internet site of the Administrator
the end; used in conjunction with amounts used under of the Federal Emergency Management Agency
(2) in subparagraph (B), by striking the period this paragraph in an amount— (in this paragraph referred to as the ‘Adminis-
at the end and inserting ‘‘; or’’; and ‘‘(i) in the case of a building code enforcement trator’) where such information is available;
(3) by adding at the end the following: department serving an area with a population and
‘‘(C) the initial purchase of flood insurance of more than 50,000, equal to not less than 50 ‘‘(vii) educate local real estate agents in com-
coverage for private property if— percent of the total amount of any funds made munities participating in the national flood in-
‘‘(i) the Administrator determines that the available under this title that are used under surance program regarding the program and the
property is affected by flooding on Federal land this paragraph; availability of coverage under the program for
owners and renters of properties in such commu- chased by the lender or servicer during such pe- incentives for feasible risk mitigation efforts and
nities, and establish coordination and liaisons riod. the cost of providing post-natural catastrophe
with such real estate agents to facilitate pur- ‘‘(4) SUFFICIENCY OF DEMONSTRATION.—For aid in the absence of insurance.
chase of coverage under the National Flood In- purposes of confirming a borrower’s existing (c) ADDITIONAL FACTORS.—The study and re-
surance Act of 1968 and increase awareness of flood insurance coverage, a lender or servicer port required under subsection (a) shall also
flood risk reduction; for a loan shall accept from the borrower an in- contain an assessment of current approaches to
‘‘(B) in any fiscal year, a local governmental surance policy declarations page that includes insuring natural catastrophe risks in the United
agency may not use an amount under this para- the existing flood insurance policy number and States and such other information as the Direc-
graph that exceeds 3 times the amount that the the identity of, and contact information for, the tor of the Federal Insurance Office determines
agency certifies, as the Secretary, in consulta- insurance company or agent.’’. necessary or appropriate.
tion with the Administrator, shall require, that SEC. 100245. FEMA AUTHORITY ON TRANSFER OF (d) CONSULTATION.—In carrying out the study
the agency will contribute from non-Federal POLICIES. and report under subsection (a), the Director of
funds to be used with such amounts used under Section 1345 of the National Flood Insurance the Federal Insurance Office shall consult with
this paragraph only for carrying out activities Act of 1968 (42 U.S.C. 4081) is amended by add- the National Academy of Sciences, State insur-
described in subparagraph (A); and for purposes ing at the end the following new subsection: ance regulators, consumer organizations, rep-
of this subparagraph, the term ‘non-Federal ‘‘(d) FEMA AUTHORITY ON TRANSFER OF POLI- resentatives of the insurance and reinsurance
funds’ includes State or local government agen- CIES.—Notwithstanding any other provision of industry, policyholders, and other organizations
cy amounts, in-kind contributions, any salary this title, the Administrator may, at the discre- and experts, as appropriate.
paid to staff to carry out the eligible activities of tion of the Administrator, refuse to accept the SEC. 100248. FLOOD PROTECTION IMPROVE-
the local governmental agency involved, the transfer of the administration of policies for MENTS CONSTRUCTED ON CERTAIN
value of the time and services contributed by coverage under the flood insurance program PROPERTIES.
volunteers to carry out such services (at a rate under this title that are written and adminis- (a) DEFINITION.—In this section, the term
determined by the Secretary), and the value of tered by any insurance company or other in- ‘‘covered hazard mitigation land’’ means land
any donated material or building and the value surer, or any insurance agent or broker.’’. that—
of any lease on a building; SEC. 100246. REIMBURSEMENT OF CERTAIN EX- (1) was acquired and deed restricted under
‘‘(C) a local governmental agency that uses PENSES. section 1366 of the National Flood Insurance Act
amounts as provided under this paragraph may Section 1363 of the National Flood Insurance of 1968 (42 U.S.C. 4104c) during the period begin-
coordinate or contract with other agencies and Act of 1968 (42 U.S.C. 4104) is amended by strik- ning on March 1, 2008, and ending on December
entities having particular capacities, specialties, ing subsection (f) and inserting the following: 31, 2008;
or experience with respect to certain populations ‘‘(f) REIMBURSEMENT OF CERTAIN EXPENSES.— (2) is located at—
or constituencies, including elderly or disabled When, incident to any appeal under subsection (A) 809 East Main Cross Street, Findlay, Ohio,
families or persons, to carry out activities de- (b) or (c) of this section, the owner or lessee of 45840;
scribed in subparagraph (A) with respect to real property or the community, as the case may (B) 801 East Main Cross Street, Findlay, Ohio,
such populations or constituencies; and be, incurs expense in connection with the serv- 45840;
‘‘(D) each local government agency that uses ices of surveyors, engineers, or similar services, (C) 725 East Main Cross Street, Findlay, Ohio,
amounts as provided under this paragraph shall but not including legal services, in the effecting 45840; or
submit a report to the Secretary and the Admin- of an appeal based on a scientific or technical (D) 631 East Main Cross Street, Findlay,
istrator, not later than 12 months after such error on the part of the Federal Emergency Ohio, 45840; and
amounts are first received, which shall include Management Agency, which is successful in (3) is located in a community that—
such information as the Secretary and the Ad- whole or part, the Administrator shall reimburse (A) is participating in the National Flood In-
ministrator jointly consider appropriate to de- such individual or community to an extent surance Program on the date on which a State,
scribe the activities conducted using such measured by the ratio of the successful portion local, or tribal government submits an applica-
amounts and the effect of such activities on the of the appeal as compared to the entire appeal tion requesting to construct a flood protection
retention or acquisition of flood insurance cov- and applying such ratio to the reasonable value improvement under subsection (b); and
erage.’’. of all such services, but no reimbursement shall (B) certifies to the Administrator and the
(b) SUNSET.—Effective on the date that is 2 be made by the Administrator in respect to any Chief of Engineers that the community will con-
years after the date of enactment of this Act, fee or expense payment, the payment of which tinue to participate in the National Flood Insur-
section 105(a) of the Housing and Community was agreed to be contingent upon the result of ance Program.
Development Act of 1974 (42 U.S.C. 5305(a)) is the appeal. The amounts available for imple- (b) AUTHORITY.—Notwithstanding any other
amended— menting this subsection shall not exceed prohibition on construction on property ac-
(1) in paragraph (25), as so redesignated by $250,000. The Administrator shall promulgate quired with funding from the Federal Emer-
subsection (a) of this subsection, by adding regulations to carry out this subsection.’’. gency Management Agency for conversion to
‘‘and’’ at the end; SEC. 100247. FIO STUDY ON RISKS, HAZARDS, AND open space purposes, the Administrator shall
(2) in paragraph (26), as so redesignated by INSURANCE. allow the construction of a flood protection im-
subsection (a) of this subsection, by striking the (a) IN GENERAL.—Not later than 1 year after provement by a State, local, or tribal govern-
semicolon at the end and inserting a period; and the date of enactment of this Act, the Director ment on covered hazard mitigation land if—
(3) by striking paragraphs (27) and (28), as of the Federal Insurance Office shall conduct a (1) the Administrator and the Chief of Engi-
added by subsection (a) of this subsection. study and submit to the Committee on Banking, neers make a determination that—
SEC. 100244. TERMINATION OF FORCE-PLACED IN- Housing, and Urban Affairs of the Senate and (A) construction of the proposed flood protec-
SURANCE. the Committee on Financial Services of the tion improvement would more effectively miti-
(a) IN GENERAL.—Section 102(e) of the Flood House of Representatives a report providing an gate against flooding risk than an open flood-
Disaster Protection Act of 1973 (42 U.S.C. assessment of the current state of the market for plain or other flood risk reduction measures;
4012a(e)) is amended— natural catastrophe insurance in the United (B) the proposed flood protection improvement
(1) in paragraph (2), by striking ‘‘purchasing States. complies with Federal, State, and local require-
the insurance’’ and inserting ‘‘purchasing the (b) FACTORS.—The study and report required ments, including mitigation of adverse impacts
insurance, including premiums or fees incurred under subsection (a) shall assess— and implementation of floodplain management
for coverage beginning on the date on which (1) the current condition of, as well as the requirements, which shall include an evaluation
flood insurance coverage lapsed or did not pro- outlook for, the availability and affordability of of whether the construction, operation, and
vide a sufficient coverage amount’’; insurance for natural catastrophe perils in all maintenance of the proposed flood protection
(2) by redesignating paragraphs (3) and (4) as regions of the United States; improvement—
paragraphs (5) and (6), respectively; and (2) the current ability of States, communities, (i) would continue to meet best available in-
(3) by inserting after paragraph (2) the fol- and individuals to mitigate their natural catas- dustry standards and practices;
lowing new paragraphs: trophe risks, including the affordability and (ii) would be the most cost-effective measure to
‘‘(3) TERMINATION OF FORCE-PLACED INSUR- feasibility of such mitigation activities; protect against the assessed flood risk; and
ANCE.—Within 30 days of receipt by the lender (3) the current state of catastrophic insurance (iii) minimizes future costs to the Federal Gov-
or servicer of a confirmation of a borrower’s ex- and reinsurance markets and the current ap- ernment;
isting flood insurance coverage, the lender or proaches in providing insurance protection to (C) the State, local, or tribal government seek-
servicer shall— different sectors of the population of the United ing to construct the flood protection improve-
‘‘(A) terminate any insurance purchased by States; ment has provided an adequate maintenance
the lender or servicer under paragraph (2); and (4) the current financial condition of State re- plan that documents the procedures the State,
‘‘(B) refund to the borrower all premiums paid sidual markets and catastrophe funds in high- local, or tribal government will use to ensure
by the borrower for any insurance purchased by risk regions, including the likelihood of insol- that the stability, height, and overall integrity
the lender or servicer under paragraph (2) dur- vency following a natural catastrophe, the con- of the proposed flood protection improvement
ing any period during which the borrower’s centration of risks within such funds, the reli- and the structure and systems of the proposed
flood insurance coverage and the insurance cov- ance on post-event assessments and State fund- flood protection improvement are maintained,
erage purchased by the lender or servicer were ing, and the adequacy of rates; and including—
each in effect, and any related fees charged to (5) the current role of the Federal Government (i) specifying the maintenance activities to be
the borrower with respect to the insurance pur- and State and local governments in providing performed;
(ii) specifying the frequency with which main- fined surface circulation and maximum winds of ‘‘(5) FINALITY OF DETERMINATIONS.—A certifi-
tenance activities will be performed; at least 39 miles per hour which the National cation of the degree of accuracy of a post-storm
(iii) specifying the person responsible for per- Hurricane Center of the United States National assessment under this subsection by the Admin-
forming each maintenance activity (by name or Weather Service names as a tropical storm or a istrator shall be final and shall not be subject to
title); hurricane. judicial review.
(iv) detailing the plan for financing the main- ‘‘(7) NAMED STORM EVENT MODEL.—The term ‘‘(6) AVAILABILITY.—The Administrator shall
tenance of the flood protection improvement; ‘Named Storm Event Model’ means the official make available to the public the Named Storm
and meteorological and oceanographic computerized Event Model and any post-storm assessment de-
(v) documenting the ability of the State, local, model, developed by the Administrator under veloped under this subsection.
or tribal government to finance the maintenance subsection (b)(1)(A), which utilizes covered data ‘‘(c) ESTABLISHMENT OF A PROTOCOL FOR
of the flood protection improvement; and to replicate the magnitude, timing, and spatial POST-STORM ASSESSMENT.—
(2) before the commencement of construction, variations of winds, rainfall, and storm surges ‘‘(1) IN GENERAL.—Not later than 540 days
the State, local, or tribal government provides to associated with named storms that threaten any after the date of the enactment of the Consumer
the Administrator an amount— portion of a coastal State. Option for an Alternative System to Allocate
(A) equal to the Federal share of all project ‘‘(8) PARTICIPANT.—The term ‘participant’ Losses Act of 2012, the Administrator shall es-
costs previously provided by the Administrator means a Federal, State, or private entity that tablish a protocol, based on the plan submitted
under the applicable program for each deed re- chooses to cooperate with the Administrator in under subsection (d)(3), to collect and assemble
stricted parcel of the covered hazard mitigation carrying out the provisions of this section by all covered data required by the Administrator
land, which the Administrator shall deposit in collecting, contributing, and maintaining cov- to produce post-storm assessments required by
the National Flood Insurance Fund; and ered data. subsection (b), including assembling data col-
(B) that does not include any Federal funds. ‘‘(9) POST-STORM ASSESSMENT.—The term lected by participants and stored in the data-
(c) MAINTENANCE CERTIFICATION.— ‘post-storm assessment’ means a scientific as- base established under subsection (f) and from
(1) IN GENERAL.—A State, local, or tribal gov- sessment produced and certified by the Adminis- such other sources as the Administrator con-
ernment that constructs a flood protection im- trator to determine the magnitude, timing, and siders appropriate.
provement under subsection (b) shall submit to spatial variations of winds, rainfall, and storm ‘‘(2) ACQUISITION OF SENSORS AND STRUC-
the Administrator and the Chief of Engineers an surges associated with a specific named storm to TURES.—If the Administrator is unable to use a
annual certification indicating whether the be used in the COASTAL Formula. public or private asset to obtain covered data as
State, local, or tribal government is in compli- ‘‘(10) STATE.—The term ‘State’ means a State part of the protocol established under para-
ance with the maintenance plan provided under of the United States, the District of Columbia, graph (1), the Administrator may acquire such
subsection (b)(1)(C). the Commonwealth of Puerto Rico, and any sensors and structures for the placement of sen-
(2) REVIEW.—The Chief of Engineers shall re- other territory or possession of the United sors as may be necessary to obtain such data.
view each certification submitted under para- States. ‘‘(3) USE OF FEDERAL ASSETS.—If the protocol
graph (1) and determine whether the State, ‘‘(b) NAMED STORM EVENT MODEL AND POST- requires placement of a sensor to develop assess-
local, or tribal government has complied with STORM ASSESSMENT.— ments pursuant to subsection (b), the Adminis-
the maintenance plan. ‘‘(1) ESTABLISHMENT OF NAMED STORM EVENT trator shall, to the extent practicable, use Fed-
SEC. 100249. NO CAUSE OF ACTION. MODEL.— eral assets for the placement of such sensors.
No cause of action shall exist and no claim ‘‘(A) IN GENERAL.—Not later than 540 days ‘‘(4) USE OF ACQUIRED STRUCTURES.—
may be brought against the United States for after the date of the enactment of the Consumer ‘‘(A) IN GENERAL.—If the Administrator ac-
violation of any notification requirement im- Option for an Alternative System to Allocate quires a structure for the placement of a sensor
posed upon the United States by this subtitle or Losses Act of 2012, the Administrator shall de- for purposes of such protocol, the Administrator
any amendment made by this subtitle. velop by regulation the Named Storm Event shall to the extent practical permit other public
Subtitle B—Alternative Loss Allocation Model. and private entities to place sensors on such
‘‘(B) ACCURACY.—The Named Storm Event structure to collect—
SEC. 100251. SHORT TITLE. Model shall be designed to generate post-storm ‘‘(i) meteorological data;
This subtitle may be cited as the ‘‘Consumer assessments, as provided in paragraph (2), that ‘‘(ii) national security-related data;
Option for an Alternative System to Allocate have a degree of accuracy of not less than 90 ‘‘(iii) navigation-related data;
Losses Act of 2012’’ or the ‘‘COASTAL Act of percent for every indeterminate loss for which a ‘‘(iv) hydrographic data; or
2012’’. post-storm assessment is utilized. ‘‘(v) such other data as the Administrator
SEC. 100252. ASSESSING AND MODELING NAMED ‘‘(2) POST-STORM ASSESSMENT.— considers appropriate.
STORMS OVER COASTAL STATES. ‘‘(A) IDENTIFICATION OF NAMED STORMS ‘‘(B) RECEIPT OF CONSIDERATION.—The Ad-
Subtitle C of title XII of the Omnibus Public THREATENING COASTAL STATES.—After the estab- ministrator may receive consideration for the
Land Management Act of 2009 (33 U.S.C. 3601 et lishment of the COASTAL Formula, the Admin- placement of a sensor on a structure under sub-
seq.) (also known as the ‘‘Integrated Coastal istrator shall, in consultation with the Secretary paragraph (A).
and Ocean Observation System Act of 2009’’) is of Homeland Security, identify named storms ‘‘(C) IN-KIND CONSIDERATION.—Consideration
amended by adding at the end the following: that may reasonably constitute a threat to any received under subparagraph (B) may be re-
‘‘SEC. 12312. ASSESSING AND MODELING NAMED portion of a coastal State. ceived in-kind.
STORMS OVER COASTAL STATES. ‘‘(B) POST-STORM ASSESSMENT REQUIRED.— ‘‘(D) USE OF CONSIDERATION.—To the extent
‘‘(a) DEFINITIONS.—In this section: Upon identification of a named storm under practicable, consideration received under sub-
‘‘(1) COASTAL FORMULA.—The term ‘COAST- subparagraph (A), the Administrator shall de- paragraph (B) shall be used for the mainte-
AL Formula’ has the meaning given the term in velop a post-storm assessment for such named nance of sensors used to collect covered data.
section 1337(a) of the National Flood Insurance storm using the Named Storm Event Model and ‘‘(5) COORDINATED DEPLOYMENTS AND DATA
Act of 1968. covered data collected for such named storm COLLECTION PRACTICES.—The Administrator
‘‘(2) COASTAL STATE.—The term ‘coastal State’ pursuant to the protocol established under sub- shall, in consultation with the Office of the
has the meaning given the term ‘coastal state’ in section (c)(1). Federal Coordinator for Meteorology, coordinate
section 304 of the Coastal Zone Management Act ‘‘(C) SUBMITTAL OF POST-STORM ASSESS- the deployment of sensors as part of the protocol
of 1972 (16 U.S.C. 1453). MENT.—Not later than 90 days after an identi- established under paragraph (1) and related
‘‘(3) COASTAL WATERS.—The term ‘coastal fication of a named storm is made under sub- data collection carried out by Federal, State,
waters’ has the meaning given the term in such paragraph (A), the Administrator shall submit academic, and private entities who choose to co-
section. to the Secretary of Homeland Security the post- operate with the Administrator in carrying out
‘‘(4) COVERED DATA.—The term ‘covered data’ storm assessment developed for such storm this subsection.
means, with respect to a named storm identified under subparagraph (B). ‘‘(6) PRIORITY ACQUISITION AND DEPLOY-
by the Administrator under subsection (b)(2)(A), ‘‘(3) ACCURACY.—The Administrator shall en- MENT.—The Administrator shall give priority in
empirical data that are— sure, to the greatest extent practicable, that the acquisition for and deployment of sensors
‘‘(A) collected before, during, or after such each post-storm assessment developed under under the protocol required by paragraph (1) to
storm; and paragraph (2) has a degree of accuracy of not areas of coastal States that have the highest
‘‘(B) necessary to determine magnitude and less than 90 percent. risk of being harmed by named storms.
timing of wind speeds, rainfall, the barometric ‘‘(4) CERTIFICATION.—For each post-storm as- ‘‘(d) ASSESSMENT OF SYSTEMS AND EFFORTS TO
pressure, river flows, the extent, height, and sessment carried out under paragraph (2), the COLLECT COVERED DATA.—
timing of storm surge, topographic and bathy- Administrator shall— ‘‘(1) IDENTIFICATION OF SYSTEMS AND EFFORTS
metric data, and other measures required to ac- ‘‘(A) certify the degree of accuracy for such TO COLLECT COVERED DATA.—Not later than 180
curately model and assess damage from such assessment, including specific reference to any days after the date of the enactment of the Con-
storm. segments or geographic areas for which the as- sumer Option for an Alternative System to Allo-
‘‘(5) INDETERMINATE LOSS.—The term ‘indeter- sessment is less than 90 percent accurate; and cate Losses Act of 2012, the Administrator shall,
minate loss’ has the meaning given the term in ‘‘(B) report such certification to the Secretary in consultation with the Office of the Federal
section 1337(a) of the National Flood Insurance of Homeland Security for the purposes of use Coordinator for Meteorology—
Act of 1968. with indeterminate loss claims under section ‘‘(A) carry out a survey to identify all Federal
‘‘(6) NAMED STORM.—The term ‘named storm’ 1337 of the National Flood Insurance Act of and State efforts and systems that are capable
means any organized weather system with a de- 1968. of collecting covered data; and
‘‘(B) consult with private and academic sector sumer Option for an Alternative System to Allo- ‘‘(1) IN GENERAL.—Not later than 180 days
entities to identify domestic private and aca- cate Losses Act of 2012, which audit shall— after the date on which the protocol is estab-
demic systems that are capable of collecting cov- ‘‘(A) examine duplicated Federal efforts to lished under section 12312(c)(1) of the Omnibus
ered data. collect covered data; and Public Land Management Act of 2009, the Sec-
‘‘(2) IDENTIFICATION OF GAPS.—The Adminis- ‘‘(B) determine the cost effectiveness of such retary, acting through the Administrator and in
trator shall, in consultation with the Office of efforts; and consultation with the Under Secretary, shall es-
the Federal Coordinator for Meteorology and in- ‘‘(2) submit to the Committee on Banking, tablish by rule a standard formula to determine
dividuals and entities consulted under sub- Housing, and Urban Affairs and the Commerce, and allocate wind losses and flood losses for
section (e)(3), assess the systems identified Science, and Transportation of the Senate and claims involving indeterminate losses.
under paragraph (1) and identify which systems the Committee on Financial Services and the ‘‘(2) CONTENTS.—The standard formula estab-
meet the needs of the National Oceanic and At- Committee on Science, Space, and Technology of lished under paragraph (1) shall—
mospheric Administration for the collection of the House of Representatives a report on the ‘‘(A) incorporate data available from the
covered data, including with respect to the ac- findings of the Comptroller General with respect Coastal Wind and Water Event Database estab-
curacy requirement for post-storm assessment to the audit completed under paragraph (1).’’. lished under section 12312(f) of the Omnibus
under subsection (b)(3). SEC. 100253. ALTERNATIVE LOSS ALLOCATION Public Land Management Act of 2009;
‘‘(3) PLAN.—Not later than 270 days after the SYSTEM FOR INDETERMINATE ‘‘(B) use relevant data provided on the Na-
date of the enactment of the Consumer Option CLAIMS. tional Flood Insurance Program Elevation Cer-
for an Alternative System to Allocate Losses Act Part A of chapter II of the National Flood In- tificate for each indeterminate loss for which
of 2012, the Administrator shall, in consultation surance Act of 1968 (42 U.S.C. 4051 et seq.) is the formula is used;
with the Office of the Federal Coordinator for amended by adding at the end the following: ‘‘(C) consider any sufficient and credible evi-
Meteorology, submit to Congress a plan for the ‘‘SEC. 1337. ALTERNATIVE LOSS ALLOCATION SYS- dence, approved by the Administrator, of the
TEM FOR INDETERMINATE CLAIMS. pre-event condition of a specific property, in-
collection of covered data necessary to develop
the Named Storm Event Model and post-storm ‘‘(a) DEFINITIONS.—In this section: cluding the findings of any policyholder or in-
assessment required by subsection (b) that ad- ‘‘(1) ADMINISTRATOR.—The term ‘Adminis- surance claims adjuster in connection with the
dresses any gaps identified in paragraph (2). trator’ means the Administrator of the Federal indeterminate loss to that specific property;
‘‘(e) COORDINATION OF COVERED DATA COL- Emergency Management Agency. ‘‘(D) include other measures, as the Adminis-
LECTION AND MAINTENANCE BY PARTICIPANTS.—
‘‘(2) COASTAL FORMULA.—The term ‘COAST- trator considers appropriate, required to deter-
‘‘(1) IN GENERAL.—The Administrator shall, in AL Formula’ means the formula established mine and allocate by mathematical formula the
consultation with the Office of the Federal Co- under subsection (b). property damage caused by flood or storm surge
‘‘(3) COASTAL STATE.—The term ‘coastal State’ associated with a named storm; and
ordinator for Meteorology, coordinate the collec-
has the meaning given the term ‘coastal state’ in ‘‘(E) subject to paragraph (3), for each inde-
tion and maintenance of covered data by par-
section 304 of the Coastal Zone Management Act terminate loss, use the post-storm assessment to
ticipants under this section—
‘‘(A) to streamline the process of collecting of 1972 (16 U.S.C. 1453). allocate water damage (flood or storm surge) as-
‘‘(4) INDETERMINATE LOSS.— sociated with a named storm.
covered data in accordance with the protocol es-
‘‘(A) IN GENERAL.—The term ‘indeterminate ‘‘(3) DEGREE OF ACCURACY REQUIRED.—The
tablished under subsection (c)(1); and
loss’ means, as determined by an insurance standard formula established under paragraph
‘‘(B) to maintain transparency of such process
claims adjuster certified under the national (1) shall specify that the Administrator may
and the database established under subsection
flood insurance program and in consultation only use the post-storm assessment for purposes
(f).
‘‘(2) SHARING INFORMATION.—The Adminis- with an engineer as appropriate, a loss resulting of the formula if the Under Secretary certifies
trator shall establish a process for sharing from physical damage to, or loss of, property lo- that the post-storm assessment has a degree of
among participants information relevant to col- cated in any coastal State arising from the com- accuracy of not less than 90 percent in connec-
lecting and using covered data for— bined perils of flood and wind associated with a tion with the specific indeterminate loss for
‘‘(A) academic research; named storm. which the assessment and formula are used.
‘‘(B) private sector use; ‘‘(B) REQUIREMENTS.—An insurance claims ‘‘(c) AUTHORIZED USE OF POST-STORM ASSESS-
‘‘(C) public outreach; and adjuster certified under the national flood in- MENT AND COASTAL FORMULA.—
‘‘(D) such other purposes as the Administrator surance program shall only determine that a ‘‘(1) IN GENERAL.—Subject to paragraph (3),
considers appropriate. loss is an indeterminate loss if the claims ad- the Administrator may use the post-storm as-
‘‘(3) CONSULTATION.—In carrying out para- juster determines that— sessment and the COASTAL Formula to—
graphs (1) and (2), the Administrator shall con- ‘‘(i) no material remnant of physical buildings ‘‘(A) review flood loss payments for indetermi-
sult with the following: or man-made structures remain except building nate losses, including as part of the quality as-
‘‘(A) The Commanding General of the Corps of foundations for the specific property for which surance reinspection program of the Federal
Engineers. the claim is made; and Emergency Management Agency for claims
‘‘(B) The Administrator of the Federal Emer- ‘‘(ii) there is insufficient or no tangible evi- under the national flood insurance program and
gency Management Agency. dence created, yielded, or otherwise left behind any other process approved by the Adminis-
‘‘(C) The Commandant of the Coast Guard. of the specific property for which the claim is trator to review and validate payments under
‘‘(D) The Director of the United States Geo- made as a result of the named storm. the national flood insurance program for inde-
logical Survey. ‘‘(5) NAMED STORM.—The term ‘named storm’ terminate losses following a named storm; and
‘‘(E) The Office of the Federal Coordinator for means any organized weather system with a de- ‘‘(B) assist the national flood insurance pro-
Meteorology. fined surface circulation and maximum winds of gram to—
‘‘(F) The Director of the National Science not less than 39 miles per hour which the Na- ‘‘(i) properly cover qualified flood loss for
Foundation. tional Hurricane Center of the United States claims for indeterminate losses; and
‘‘(G) The Administrator of the National Aero- National Weather Service names as a tropical ‘‘(ii) avoid paying for any loss or damage to
nautics and Space Administration. storm or a hurricane. property caused by any peril (including wind),
‘‘(H) Such public, private, and academic sec- ‘‘(6) POST-STORM ASSESSMENT.—The term other than flood or storm surge, that is not cov-
tor entities as the Administrator considers ap- ‘post-storm assessment’ means the post-storm as- ered under a standard policy under the national
propriate for purposes of carrying out the provi- sessment developed under section 12312(b) of the flood insurance program.
sions of this section. Omnibus Public Land Management Act of 2009. ‘‘(2) FEDERAL DISASTER DECLARATION.—Sub-
‘‘(f) ESTABLISHMENT OF COASTAL WIND AND ‘‘(7) STATE.—The term ‘State’ means a State of ject to paragraph (3), in order to expedite claims
WATER EVENT DATABASE.— the United States, the District of Columbia, the and reduce costs to the national flood insurance
‘‘(1) IN GENERAL.—Not later than 1 year after Commonwealth of Puerto Rico, and any other program, following any major disaster declared
the date of the enactment of the Consumer Op- territory or possession of the United States. by the President under section 401 of the Robert
tion for an Alternative System to Allocate Losses ‘‘(8) SECRETARY.—The term ‘Secretary’ means T. Stafford Disaster Relief and Emergency As-
Act of 2012, the Administrator shall establish a the Secretary of Homeland Security. sistance Act (42 U.S.C. 5170) relating to a named
database for the collection and compilation of ‘‘(9) STANDARD INSURANCE POLICY.—The term storm in a coastal State, the Administrator may
covered data— ‘standard insurance policy’ means any insur- use the COASTAL Formula to determine and
‘‘(A) to support the protocol established under ance policy issued under the national flood in- pay for any flood loss covered under a standard
subsection (c)(1); and surance program that covers loss or damage to insurance policy under the national flood insur-
‘‘(B) for the purposes listed in subsection property resulting from water peril. ance program, if the loss is an indeterminate
(e)(2). ‘‘(10) PROPERTY.—The term ‘property’ means loss.

‘‘(2) DESIGNATION.—The database established real or personal property that is insured under ‘‘(3) NATIONAL ACADEMY OF SCIENCES EVALUA-
under paragraph (1) shall be known as the a standard insurance policy for loss or damage TION.—
‘Coastal Wind and Water Event Database’. to structure or contents. ‘‘(A) EVALUATION REQUIRED.—
‘‘(g) COMPTROLLER GENERAL STUDY.—Not ‘‘(11) UNDER SECRETARY.—The term ‘Under ‘‘(i) EVALUATION.—Upon the issuance of the
later than 1 year after the date of the enactment Secretary’ means the Under Secretary of Com- rule establishing the COASTAL Formula, and
of the Consumer Option for an Alternative Sys- merce for Oceans and Atmosphere, in the Under each time the Administrator modifies the
tem to Allocate Losses Act of 2012, the Comp- Secretary’s capacity as Administrator of the Na- COASTAL Formula, the National Academy of
troller General of the United States shall— tional Oceanic and Atmospheric Administration. Sciences shall—
‘‘(1) complete an audit of Federal efforts to ‘‘(b) ESTABLISHMENT OF FLOOD LOSS ALLOCA- ‘‘(I) evaluate the expected financial impact on
collect covered data for purposes of the Con- TION FORMULA FOR INDETERMINATE CLAIMS.— the national flood insurance program of the use
of the COASTAL Formula as so established or quired, with advanced approval of the Adminis- TITLE III—STUDENT LOAN INTEREST
modified; and trator, to be provided for on the National Flood RATE EXTENSION
‘‘(II) evaluate the validity of the scientific as- Insurance Program Elevation Certificate, or SEC. 100301. FEDERAL DIRECT STAFFORD LOAN
sumptions upon which the formula is based and maintained otherwise on record if approved by INTEREST RATE EXTENSION.
determine whether the COASTAL formula can the Administrator, for any property that quali- Section 455(b)(7)(D) of the Higher Education
achieve a degree of accuracy of not less than 90 fies for the COASTAL Formula under subsection Act of 1965 (20 U.S.C. 1087e(b)(7)(D)) is amend-
percent in allocating flood losses for indetermi- (c). ed—
nate losses. ‘‘(g) CIVIL PENALTY.— (1) in the matter preceding clause (i), by strik-
‘‘(ii) REPORT.—The National Academy of
‘‘(1) IN GENERAL.—If an insurance claims ad- ing ‘‘and before July 1, 2012,’’ and inserting
Sciences shall submit a report containing the re-
juster knowingly and willfully makes a false or ‘‘and before July 1, 2013,’’; and
sults of each evaluation under clause (i) to the
Administrator, the Committee on Banking, inaccurate determination relating to an indeter- (2) in clause (v), by striking ‘‘and before July
Housing, and Urban Affairs and the Committee minate loss, the Administrator may, after notice 1, 2012,’’ and inserting ‘‘and before July 1,
on Commerce, Science, and Transportation of and opportunity for hearing, impose on the in- 2013,’’.
the Senate, and the Committee on Financial surance claims adjuster a civil penalty of not SEC. 100302. ELIGIBILITY FOR, AND INTEREST
Services and the Committee on Science, Space, more than $1,000. CHARGES ON, FEDERAL DIRECT
STAFFORD LOANS FOR NEW BOR-
and Technology of the House of Representa- ‘‘(2) DEPOSIT.—Notwithstanding section 3302 ROWERS ON OR AFTER JULY 1, 2013.
tives. of title 31, United States Code, or any other law
‘‘(B) EFFECTIVE DATE AND APPLICABILITY.— (a) IN GENERAL.—Section 455 of the Higher
relating to the crediting of money, the Adminis- Education Act of 1965 (20 U.S.C. 1087e) is
‘‘(i) EFFECTIVE DATE.—Paragraphs (1) and (2) trator shall deposit in the National Flood Insur-
of this subsection shall not take effect unless the amended by adding at the end the following:
ance Fund any amounts received under this ‘‘(q) ELIGIBILITY FOR, AND INTEREST CHARGES
report under subparagraph (A) relating to the subsection, which shall remain available until
establishment of the COASTAL Formula con- ON, FEDERAL DIRECT STAFFORD LOANS FOR NEW
expended and be available to the Administrator BORROWERS ON OR AFTER JULY 1, 2013.—
cludes that the use of the COASTAL Formula for purposes authorized for the National Flood
for purposes of paragraph (1) and (2) would not ‘‘(1) IN GENERAL.—Notwithstanding subsection
Insurance Fund without further appropriation.
have an adverse financial impact on the na- (a) or any other provision of this title, any bor-
tional flood insurance program and that the ‘‘(h) RULE OF CONSTRUCTION.—Nothing in this rower who was a new borrower on or after July
COASTAL Formula is based on valid scientific subsection shall be construed to require the Ad- 1, 2013, shall not be eligible for a Federal Direct
assumptions that would allow a degree of accu- ministrator to make any payment under the na- Stafford Loan if the period of time for which the
racy of not less than 90 percent to be achieved tional flood insurance program, or an insurance borrower has received Federal Direct Stafford
in allocating flood losses for indeterminate company to make any payment, for an indeter- Loans, in the aggregate, exceeds the period of
losses. minate loss based upon post-storm assessment or enrollment described in paragraph (3). Such bor-
‘‘(ii) EFFECT OF MODIFICATIONS.—Unless the the COASTAL Formula. rower may still receive any Federal Direct Un-
report under subparagraph (A) relating to a ‘‘(i) APPLICABILITY.—Subsection (c) shall subsidized Stafford Loan for which such bor-
modification of the COASTAL Formula con- apply with respect to an indeterminate loss as- rower is otherwise eligible.
cludes that the use of the COASTAL Formula, sociated with a named storm that occurs after ‘‘(2) ACCRUAL OF INTEREST ON FEDERAL DIRECT
as so modified, for purposes of paragraphs (1) the date on which the Administrator issues the STAFFORD LOANS.—Notwithstanding subsection
and (2) would not have an adverse financial im- rule establishing the COASTAL Formula under (f)(1)(A) or any other provision of this title and
pact on the national flood insurance program subsection (b). beginning on the date upon which a borrower
and that the COASTAL Formula is based on who is enrolled in a program of education or
‘‘(j) RULE OF CONSTRUCTION.—Nothing in this
valid scientific assumptions that would allow a training (including a course of study or program
subsection shall be construed to negate, set
degree of accuracy of not less than 90 percent to described in paragraph (3)(B) or (4)(B) of sec-
aside, or void any policy limit, including any
be achieved in allocating flood losses for inde- tion 484(b)) for which borrowers are otherwise
loss limitation, set forth in a standard insurance
terminate losses the Administrator may not use eligible to receive Federal Direct Stafford Loans,
policy.’’.
the COASTAL Formula, as so modified, for pur- becomes ineligible for such loan as a result of
poses of paragraphs (1) and (2). Subtitle C—HEARTH Act Amendment paragraph (1), interest on all Federal Direct
‘‘(C) FUNDING.—Notwithstanding section 1310 Stafford Loans that were disbursed to such bor-
of the National Flood Insurance Act of 1968 (42 SEC. 100261. HEARTH ACT TECHNICAL CORREC- rower on or after July 1, 2013, shall accrue.
TIONS.
U.S.C. 4017), there shall be available to the Ad- Such interest shall be paid or capitalized in the
ministrator from the National Flood Insurance For purposes of title IV of the McKinney- same manner as interest on a Federal Direct Un-
Fund, of amounts not otherwise obligated, not Vento Homeless Assistance Act (42 U.S.C. 11360 subsidized Stafford Loan is paid or capitalized
more than $750,000 to carry out this paragraph. et seq.)— under section 428H(e)(2).
‘‘(d) DISCLOSURE OF COASTAL FORMULA.— ‘‘(3) PERIOD OF ENROLLMENT.—
(1) the term ‘‘local government’’ includes an
Not later than 30 days after the date on which ‘‘(A) IN GENERAL.—The aggregate period of
instrumentality of a unit of general purpose
a post-storm assessment is submitted to the Sec- enrollment referred to in paragraph (1) shall not
local government other than a public housing
retary under section 12312(b)(2)(C) of the Omni- exceed the lesser of—
agency that is established pursuant to legisla-
bus Public Land Management Act of 2009, for ‘‘(i) a period equal to 150 percent of the pub-
tion and designated by the chief executive to act
each indeterminate loss for which the COAST- lished length of the educational program in
on behalf of the local government with regard to
AL Formula is used pursuant to subsection which the student is enrolled; or
activities funded under such title IV and in-
(c)(2), the Administrator shall disclose to the ‘‘(ii) in the case of a borrower who was pre-
cludes a combination of general purpose local
policyholder that makes a claim relating to the viously enrolled in one or more other edu-
governments, such as an association of govern-
indeterminate loss— cational programs that began on or after July 1,
ments, that is recognized by the Secretary of
‘‘(1) that the Administrator used the COAST- 2013, and subject to subparagraph (B), a period
Housing and Urban Development;
AL Formula with respect to the indeterminate of time equal to the difference between—
loss; and (2) the term ‘‘State’’ includes any instrumen-
‘‘(I) 150 percent of the published length of the
‘‘(2) a summary of the results of the use of the tality of any of the several States designated by
longest educational program in which the bor-
COASTAL Formula. the Governor to act on behalf of the State and
rower was, or is, enrolled; and
‘‘(e) CONSULTATION.—In carrying out sub- does not include the District of Columbia;
‘‘(II) any periods of enrollment in which the
sections (b) and (c), the Secretary shall consult (3) for purposes of environmental review, the borrower received a Federal Direct Stafford
with— Secretary of Housing and Urban Development Loan.
‘‘(1) the Under Secretary for Oceans and At- shall continue to permit assistance and projects
mosphere; ‘‘(B) REGULATIONS.—The Secretary shall
to be treated as assistance for special projects specify in regulation—
‘‘(2) the Director of the National Institute of that are subject to section 305(c) of the Multi-
Standards and Technology; ‘‘(i) how the aggregate period described in
family Housing Property Disposition Reform Act subparagraph (A) shall be calculated with re-
‘‘(3) the Chief of Engineers of the Corps of En-
of 1994 (42 U.S.C. 3547), and subject to the regu- spect to a borrower who was or is enrolled on
gineers;
lations issued by the Secretary of Housing and less than a full-time basis; and
‘‘(4) the Director of the United States Geologi-
Urban Development to implement such section;
cal Survey; ‘‘(ii) how such aggregate period shall be cal-

and culated to include a course of study or program
‘‘(5) the Office of the Federal Coordinator for
Meteorology; (4) a metropolitan city and an urban county described in paragraph (3)(B) or (4)(B) of sec-
‘‘(6) State insurance regulators of coastal that each receive an allocation under such title tion 484(b), respectively.’’.
States; and IV and are located within a geographic area (b) INAPPLICABILITY OF TITLE IV NEGOTIATED
‘‘(7) such public, private, and academic sector that is covered by a single continuum of care RULEMAKING REQUIREMENT AND MASTER CAL-
entities as the Secretary considers appropriate may jointly request the Secretary of Housing ENDAR EXCEPTION.—Sections 482(c) and 492 of
for purposes of carrying out such subsections. and Urban Development to permit the urban the Higher Education Act of 1965 (20 U.S.C.
‘‘(f) RECORDKEEPING.—Each consideration county or the metropolitan city, as agreed to by 1089(c), 1098a) shall not apply to the amendment
and measure the Administrator determines nec- such county and city, to receive and administer made by subsection (a), or to any regulations
essary to carry out subsection (b) may be re- their combined allocations under a single grant. promulgated under such amendment.
DIVISION G—SURFACE TRANSPORTATION fiscal years fiscal years 2009 through 2011’’ and (f) WORKING GROUP FOR DEVELOPMENT OF
EXTENSION all that follows through the period at the end PRACTICES AND PROCEDURES TO ENHANCE FED-
SEC. 110001. SHORT TITLE. and inserting ‘‘and $139,000,000 for each of fis- ERAL-STATE RELATIONS.—Section 4213(d) of
This division may be cited as the ‘‘Surface cal years 2009 through 2012.’’. SAFETEA–LU (49 U.S.C. 14710 note; 119 Stat.
Transportation Extension Act of 2012, Part II’’. (g) NATIONAL DRIVER REGISTER.—Section 1759) is amended by striking ‘‘June 30, 2012’’
2001(a)(7) of SAFETEA–LU (119 Stat. 1520) is and inserting ‘‘September 30, 2012’’.
TITLE I—FEDERAL-AID HIGHWAYS amended by striking ‘‘and $3,087,000 for the pe- SEC. 112003. ADDITIONAL PROGRAMS.
SEC. 111001. EXTENSION OF FEDERAL-AID HIGH- riod beginning on October 1, 2011, and ending Section 7131(c) of SAFETEA–LU (119 Stat.
WAY PROGRAMS. on June 30, 2012.’’ and inserting ‘‘and $4,116,000 1910) is amended by striking ‘‘and $870,000 for
(a) IN GENERAL.—Section 111 of the Surface for fiscal year 2012.’’. the period beginning on October 1, 2011, and
Transportation Extension Act of 2011, Part II (h) HIGH VISIBILITY ENFORCEMENT PRO- ending on June 30, 2012,’’ and inserting ‘‘and
(Public Law 112–30; 125 Stat. 343; 126 Stat. 272) GRAM.—Section 2001(a)(8) of SAFETEA–LU (119 $1,160,000 for fiscal year 2012’’.
is amended— Stat. 1520) is amended by striking ‘‘for each of TITLE III—PUBLIC TRANSPORTATION
(1) by striking ‘‘the period beginning on Octo- fiscal years 2006 through 2011’’ and all that fol- PROGRAMS
ber 1, 2011, and ending on June 30, 2012,’’ each lows through the period at the end and insert-
SEC. 113001. ALLOCATION OF FUNDS FOR PLAN-
place it appears and inserting ‘‘fiscal year ing ‘‘for each of fiscal years 2006 through
NING PROGRAMS.
2012’’; 2012.’’.
Section 5305(g) of title 49, United States Code,
(2) by striking ‘‘3⁄4 of’’ each place it appears; (i) MOTORCYCLIST SAFETY.—Section 2001(a)(9)
is amended by striking ‘‘2011 and for the period
and of SAFETEA–LU (119 Stat. 1520) is amended by
beginning on October 1, 2011, and ending on
(3) in subsection (a) by striking ‘‘June 30, striking ‘‘$7,000,000 for each of fiscal years 2009
June 30, 2012’’ and inserting ‘‘2012’’.
2012’’ and inserting ‘‘September 30, 2012’’. through 2011’’ and all that follows through the
SEC. 113002. SPECIAL RULE FOR URBANIZED
(b) USE OF FUNDS.—Section 111(c) of the Sur- period at the end and inserting ‘‘and $7,000,000
AREA FORMULA GRANTS.
face Transportation Extension Act of 2011, Part for each of fiscal years 2009 through 2012.’’.
(j) CHILD SAFETY AND CHILD BOOSTER SEAT Section 5307(b)(2) of title 49, United States
II (125 Stat. 343; 126 Stat. 272) is amended—
SAFETY INCENTIVE GRANTS.—Section 2001(a)(10) Code, is amended—
(1) in paragraph (3)—
(1) by striking the paragraph heading and in-
(A) in subparagraph (A) by striking ‘‘, except of SAFETEA–LU (119 Stat. 1520) is amended by
serting ‘‘SPECIAL RULE FOR FISCAL YEARS 2005
that during such period’’ and all that follows striking ‘‘$7,000,000 for each of fiscal years 2009
THROUGH 2012.—’’ ;
before the period at the end; and through 2011’’ and all that follows through the
(2) in subparagraph (A) by striking ‘‘2011 and
(B) in subparagraph (B)(ii) by striking period at the end and inserting ‘‘and $7,000,000
the period beginning on October 1, 2011, and
‘‘$479,250,000’’ and inserting ‘‘$639,000,000’’; and for each of fiscal years 2009 through 2012.’’.
ending on June 30, 2012,’’ and inserting ‘‘2012,’’;
(2) by striking paragraph (4). (k) ADMINISTRATIVE EXPENSES.—Section
and
(c) EXTENSION OF AUTHORIZATIONS UNDER 2001(a)(11) of SAFETEA–LU (119 Stat. 1520) is
(3) in subparagraph (E)—
TITLE V OF SAFETEA–LU.—Section 111(e)(2) of amended by striking ‘‘$25,328,000 for fiscal year (A) by striking the subparagraph heading and
the Surface Transportation Extension Act of 2011’’ and all that follows through the period at inserting ‘‘MAXIMUM AMOUNTS IN FISCAL YEARS
2011, Part II (125 Stat. 346; 126 Stat. 272) is the end and inserting ‘‘and $25,328,000 for each 2008 THROUGH 2012 .—’’; and
amended by striking ‘‘the period beginning on of fiscal years 2011 and 2012.’’. (B) in the matter preceding clause (i) by strik-
October 1, 2011, and ending on June 30, 2012.’’ SEC. 112002. EXTENSION OF FEDERAL MOTOR ing ‘‘2011 and during the period beginning on
and inserting ‘‘fiscal year 2012.’’. CARRIER SAFETY ADMINISTRATION October 1, 2011, and ending on June 30, 2012’’
(d) ADMINISTRATIVE EXPENSES.—Section PROGRAMS.
and inserting ‘‘2012’’.
112(a) of the Surface Transportation Extension (a) FEDERAL MOTOR CARRIER SAFETY ADMIN-
SEC. 113003. ALLOCATING AMOUNTS FOR CAPITAL
Act of 2011, Part II (125 Stat. 346; 126 Stat. 272) ISTRATION GRANTS.—Section 31104(a)(8) of title INVESTMENT GRANTS.
is amended by striking ‘‘$294,641,438 for the pe- 49, United States Code, is amended to read as Section 5309(m) of title 49, United States Code,
riod beginning on October 1, 2011, and ending follows: is amended—
on June 30, 2012.’’ and inserting ‘‘$392,855,250 ‘‘(8) $212,000,000 for fiscal year 2012.’’. (1) in paragraph (2)—
for fiscal year 2012.’’. (b) ADMINISTRATIVE EXPENSES.— (A) by striking the paragraph heading and in-
(1) IN GENERAL.—Section 31104(i)(1)(H) of title serting ‘‘FISCAL YEARS 2006 THROUGH 2012.—’’;
TITLE II—EXTENSION OF HIGHWAY
49, United States Code, is amended to read as (B) in the matter preceding subparagraph (A)
SAFETY PROGRAMS
follows: by striking ‘‘2011 and the period beginning on
SEC. 112001. EXTENSION OF NATIONAL HIGHWAY ‘‘(H) $244,144,000 for fiscal year 2012.’’.
TRAFFIC SAFETY ADMINISTRATION October 1, 2011, and ending on June 30, 2012,’’
(2) TECHNICAL CORRECTION.—Section
and inserting ‘‘2012’’; and
HIGHWAY SAFETY PROGRAMS.
31104(i)(1)(F) of title 49, United States Code, is (C) in subparagraph (A)(i) by striking ‘‘2011
(a) CHAPTER 4 HIGHWAY SAFETY PROGRAMS.— amended to read as follows:
Section 2001(a)(1) of SAFETEA–LU (119 Stat. and $150,000,000 for the period beginning on Oc-
‘‘(F) $239,828,000 for fiscal year 2010;’’. tober 1, 2011, and ending on June 30, 2012,’’ and
1519) is amended by striking ‘‘$235,000,000 for (c) GRANT PROGRAMS.—Section 4101(c) of
each of fiscal years 2009 through 2011’’ and all inserting ‘‘2012’’;
SAFETEA–LU (119 Stat. 1715) is amended— (2) in paragraph (6)—
that follows through the period at the end and (1) in paragraph (1) by striking ‘‘and (A) in subparagraph (B) by striking ‘‘2011 and
inserting ‘‘and $235,000,000 for each of fiscal $22,500,000 for the period beginning on October $11,250,000 shall be available for the period be-
years 2009 through 2012.’’. 1, 2011, and ending on June 30, 2012.’’ and in- ginning on October 1, 2011, and ending on June
(b) HIGHWAY SAFETY RESEARCH AND DEVELOP- serting ‘‘and $30,000,000 for fiscal year 2012.’’; 30, 2012,’’ and inserting ‘‘2012’’; and
MENT.—Section 2001(a)(2) of SAFETEA–LU (119 (2) in paragraph (2) by striking ‘‘2011 and (B) in subparagraph (C) by striking ‘‘though
Stat. 1519) is amended by striking ‘‘and $24,000,000 for the period beginning on October 2011 and $3,750,000 shall be available for the pe-
$81,183,000 for the period beginning on October 1, 2011, and ending on June 30, 2012.’’ and in- riod beginning on October 1, 2011, and ending
1, 2011, and ending on June 30, 2012.’’ and inserting ‘‘2012.’’; on June 30, 2012,’’ and inserting ‘‘through
serting ‘‘and $108,244,000 for fiscal year 2012.’’. (3) in paragraph (3) by striking ‘‘2011 and 2012’’; and
(c) OCCUPANT PROTECTION INCENTIVE $3,750,000 for the period beginning on October 1, (3) in paragraph (7)—
GRANTS.—Section 2001(a)(3) of SAFETEA–LU 2011, and ending on June 30, 2012.’’ and insert- (A) in subparagraph (A)—
(119 Stat. 1519) is amended by striking ing ‘‘2012.’’; (i) in the matter preceding clause (i)—
‘‘$25,000,000 for each of fiscal years 2006 through (4) in paragraph (4) by striking ‘‘2011 and (I) in the first sentence by striking ‘‘2011 and
2011’’ and all that follows through the period at $18,750,000 for the period beginning on October $7,500,000 shall be available for the period begin-
the end and inserting ‘‘and $25,000,000 for each 1, 2011, and ending on June 30, 2012.’’ and in- ning on October 1, 2011, and ending on June 30,
of fiscal years 2006 through 2012.’’. serting ‘‘2012.’’; and 2012,’’ and inserting ‘‘2012’’; and
(d) SAFETY BELT PERFORMANCE GRANTS.—Sec- (5) in paragraph (5) by striking ‘‘2011 and (II) in the second sentence by inserting ‘‘each
tion 2001(a)(4) of SAFETEA–LU (119 Stat. 1519) $2,250,000 for the period beginning on October 1, fiscal year’’ before the colon;
is amended by striking ‘‘and $36,375,000 for the 2011, and ending on June 30, 2012.’’ and insert- (ii) in clause (i) by striking ‘‘for each fiscal
period beginning on October 1, 2011, and ending ing ‘‘2012.’’. year and $1,875,000 for the period beginning on
on June 30, 2012.’’ and inserting ‘‘and (d) NEW ENTRANT AUDITS.—Section October 1, 2011, and ending on June 30, 2012,’’;
$48,500,000 for fiscal year 2012.’’. 31144(g)(5)(B) of title 49, United States Code, is (iii) in clause (ii) by striking ‘‘for each fiscal
(e) STATE TRAFFIC SAFETY INFORMATION SYS- amended by striking ‘‘and up to $21,750,000 for year and $1,875,000 for the period beginning on
TEM IMPROVEMENTS.—Section 2001(a)(5) of the period beginning on October 1, 2011, and October 1, 2011, and ending on June 30, 2012,’’;
SAFETEA–LU (119 Stat. 1519) is amended by ending on June 30, 2012,’’. (iv) in clause (iii) by striking ‘‘for each fiscal
striking ‘‘for each of fiscal years 2006 through (e) OUTREACH AND EDUCATION.—Section year and $750,000 for the period beginning on
2011’’ and all that follows through the period at 4127(e) of SAFETEA–LU (119 Stat. 1741) is October 1, 2011, and ending on June 30, 2012,’’;
the end and inserting ‘‘for each of fiscal years amended by striking ‘‘and 2011 (and $750,000 to (v) in clause (iv) by striking ‘‘for each fiscal
2006 through 2012.’’. the Federal Motor Carrier Safety Administra- year and $750,000 for the period beginning on
(f) ALCOHOL-IMPAIRED DRIVING COUNTER- tion, and $2,250,000 to the National Highway October 1, 2011, and ending on June 30, 2012,’’;
MEASURES INCENTIVE GRANT PROGRAM.—Section Traffic Safety Administration, for the period be- (vi) in clause (v) by striking ‘‘for each fiscal
2001(a)(6) of SAFETEA–LU (119 Stat. 1519) is ginning on October 1, 2011, and ending on June year and $750,000 for the period beginning on
amended by striking ‘‘$139,000,000 for each of 30, 2012)’’ and inserting ‘‘2011, and 2012’’. October 1, 2011, and ending on June 30, 2012,’’;
(vii) in clause (vi) by striking ‘‘for each fiscal through 2011, and $123,375,000 for the period be- amended by striking ‘‘2011 and the period begin-
year and $750,000 for the period beginning on ginning on October 1, 2011, and ending on June ning on October 1, 2011, and ending on June 30,
October 1, 2011, and ending on June 30, 2012,’’; 30, 2012,’’ and inserting ‘‘and $164,500,000 for 2012,’’ and inserting ‘‘2012,’’.
(viii) in clause (vii) by striking ‘‘for each fis- each of fiscal years 2009 through 2012’’; (b) PUBLIC-PRIVATE PARTNERSHIP PILOT PRO-
cal year and $487,500 for the period beginning (I) in subparagraph (I) by striking GRAM.—Section 3011 of SAFETEA–LU (49 U.S.C.
on October 1, 2011, and ending on June 30, ‘‘$92,500,000 for each of fiscal years 2009 through 5309 note; 119 Stat. 1588) is amended—
2012,’’; and 2011, and $69,375,000 for the period beginning on (1) in subsection (c)(5) by striking ‘‘2011 and
(ix) in clause (viii) by striking ‘‘for each fiscal October 1, 2011, and ending on June 30, 2012,’’ the period beginning on October 1, 2011, and
year and $262,500 for the period beginning on and inserting ‘‘and $92,500,000 for each of fiscal ending on June 30, 2012’’ and inserting ‘‘2012’’;
October 1, 2011, and ending on June 30, 2012,’’; years 2009 through 2012’’; and
(B) in subparagraph (B) by striking clause (J) in subparagraph (J) by striking (2) in the second sentence of subsection (d) by
(vii) and inserting the following: ‘‘$26,900,000 for each of fiscal years 2009 through striking ‘‘2011 and the period beginning on Oc-
‘‘(vii) $13,500,000 for fiscal year 2012.’’; 2011, and $20,175,000 for the period beginning on tober 1, 2011, and ending on June 30, 2012,’’ and
(C) in subparagraph (C) by striking ‘‘and dur- October 1, 2011, and ending on June 30, 2012,’’ inserting ‘‘2012’’.
ing the period beginning on October 1, 2011, and and inserting ‘‘and $26,900,000 for each of fiscal (c) ELDERLY INDIVIDUALS AND INDIVIDUALS
ending on June 30, 2012,’’; years 2009 through 2012’’; WITH DISABILITIES PILOT PROGRAM.—Section
(D) in subparagraph (D) by striking ‘‘and not (K) in subparagraph (K) by striking ‘‘for each 3012(b)(8) of SAFETEA–LU (49 U.S.C. 5310 note;
less than $26,250,000 shall be available for the of fiscal years 2006 through 2011 and $2,625,000 119 Stat. 1593) is amended by striking ‘‘June 30,
period beginning on October 1, 2011, and ending for the period beginning on October 1, 2011, and 2012’’ and inserting ‘‘September 30, 2012’’.
on June 30, 2012,’’; and ending on June 30, 2012,’’ and inserting ‘‘for (d) OBLIGATION CEILING.—Section 3040(8) of
(E) in subparagraph (E) by striking ‘‘and each of fiscal years 2006 through 2012’’; SAFETEA–LU (119 Stat. 1639) is amended to
$2,250,000 shall be available for the period begin- (L) in subparagraph (L) by striking ‘‘for each read as follows:
ning on October 1, 2011, and ending on June 30, of fiscal years 2006 through 2011 and $18,750,000 ‘‘(8) $10,458,278,000 for fiscal year 2012, of
2012,’’. for the period beginning on October 1, 2011, and which not more than $8,360,565,000 shall be from
SEC. 113004. APPORTIONMENT OF FORMULA ending on June 30, 2012,’’ and inserting ‘‘for the Mass Transit Account.’’.
GRANTS FOR OTHER THAN URBAN- each of fiscal years 2006 through 2012’’; (e) PROJECT AUTHORIZATIONS FOR NEW FIXED
IZED AREAS. (M) in subparagraph (M) by striking GUIDEWAY CAPITAL PROJECTS.—Section 3043 of
Section 5311(c)(1)(G) of title 49, United States ‘‘$465,000,000 for each of fiscal years 2009 SAFETEA–LU (119 Stat. 1640) is amended—
Code, is amended to read as follows: through 2011, and $348,750,000 for the period be- (1) in subsection (b), in the matter preceding
‘‘(G) $15,000,000 for fiscal year 2012.’’. ginning on October 1, 2011, and ending on June paragraph (1), by striking ‘‘2011 and the period
SEC. 113005. APPORTIONMENT BASED ON FIXED 30, 2012,’’ and inserting ‘‘and $465,000,000 for beginning on October 1, 2011, and ending on
GUIDEWAY FACTORS. each of fiscal years 2009 through 2012’’; and June 30, 2012,’’ and inserting ‘‘2012’’; and
Section 5337 of title 49, United States Code, is (N) in subparagraph (N) by striking (2) in subsection (c), in the matter preceding
amended by striking subsection (g). ‘‘$8,800,000 for each of fiscal years 2009 through paragraph (1), by striking ‘‘2011 and the period
2011, and $6,600,000 for the period beginning on beginning on October 1, 2011, and ending on
SEC. 113006. AUTHORIZATIONS FOR PUBLIC
TRANSPORTATION.
October 1, 2011, and ending on June 30, 2012,’’ June 30, 2012,’’ and inserting ‘‘2012’’.
and inserting ‘‘and $8,800,000 for each of fiscal (f) ALLOCATIONS FOR NATIONAL RESEARCH AND
(a) FORMULA AND BUS GRANTS.—Section
years 2009 through 2012’’. TECHNOLOGY PROGRAMS.—Section 3046 of
5338(b) of title 49, United States Code, is amend- (b) CAPITAL INVESTMENT GRANTS.—Section
ed— SAFETEA–LU (49 U.S.C. 5338 note; 119 Stat.
5338(c)(7) of title 49, United States Code, is 1706) is amended—
(1) in paragraph (1) by striking subparagraph amended to read as follows:
(G) and inserting the following: (1) in subsection (b) by striking ‘‘fiscal year or
‘‘(7) $1,955,000,000 for fiscal year 2012.’’. period’’ and inserting ‘‘fiscal year’’; and
‘‘(G) $8,360,565,000 for fiscal year 2012.’’; and (c) RESEARCH AND UNIVERSITY RESEARCH CEN-
(2) in paragraph (2)— (2) by striking subsection (c)(2) and inserting
TERS.—Section 5338(d) of title 49, United States
(A) in subparagraph (A) by striking the following:
Code, is amended—
‘‘$113,500,000 for each of fiscal years 2009 ‘‘(2) for fiscal year 2012, in amounts equal to
(1) in paragraph (1), in the matter preceding
through 2011, and $85,125,000 for the period be- 63 percent of the amounts allocated for fiscal
subparagraph (A), by striking ‘‘through 2011,
ginning on October 1, 2011, and ending on June year 2009 under each of paragraphs (2), (3), (5),
and $33,000,000 for the period beginning on Oc-
30, 2012,’’ and inserting ‘‘and $113,500,000 for and (8) through (25) of subsection (a).’’.
tober 1, 2011, and ending on June 30, 2012,’’ and
each of fiscal years 2009 through 2012’’; inserting ‘‘through 2011, and $44,000,000 for fis- TITLE IV—EFFECTIVE DATE
(B) in subparagraph (B) by striking cal year 2012,’’; and SEC. 114001. EFFECTIVE DATE.
‘‘$4,160,365,000 for each of fiscal years 2009 (2) by striking paragraph (3) and inserting the This division and the amendments made by
through 2011, and $3,120,273,750 for the period following: this division shall take effect on July 1, 2012.
beginning on October 1, 2011, and ending on ‘‘(3) ADDITIONAL AUTHORIZATIONS.—
June 30, 2012,’’ and inserting ‘‘and $4,160,365,000 DIVISION H—BUDGETARY EFFECTS
‘‘(A) RESEARCH.—Of amounts authorized to be
for each of fiscal years 2009 through 2012’’; appropriated under paragraph (1) for fiscal year SEC. 120001. BUDGETARY EFFECTS.
(C) in subparagraph (C) by striking 2012, the Secretary shall allocate for each of the (a) PAYGO SCORECARD.—The budgetary ef-
‘‘$51,500,000 for each of fiscal years 2009 through activities and projects described in subpara- fects of this Act shall not be entered on either
2011, and $38,625,000 for the period beginning on graphs (A) through (F) of paragraph (1) an PAYGO scorecard maintained pursuant to sec-
October 1, 2011, and ending on June 30, 2012,’’ amount equal to 63 percent of the amount allo- tion 4(d) of the Statutory Pay-As-You-Go Act of
and inserting ‘‘and $51,500,000 for each of fiscal cated for fiscal year 2009 under each such sub- 2010.
years 2009 through 2012’’; paragraph. (b) SENATE PAYGO SCORECARD.—The budg-
(D) in subparagraph (D) by striking ‘‘(B) UNIVERSITY CENTERS PROGRAM.— etary effects of this Act shall not be recorded on
‘‘$1,666,500,000 for each of fiscal years 2009 ‘‘(i) FISCAL YEAR 2012.—Of the amounts allo- any PAYGO scorecard maintained for purposes
through 2011, and $1,249,875,000 for the period cated under paragraph (1)(C) for the university of section 201 of S. Con. Res. 21 (110th Con-
beginning on October 1, 2011, and ending on centers program under section 5506 for fiscal gress).
June 30, 2012,’’ and inserting ‘‘and $1,666,500,000 year 2012, the Secretary shall allocate for each Amend the title so as to read: ‘‘An Act to
for each of fiscal years 2009 through 2012’’; program described in clauses (i) through (iii) authorize funds for Federal-aid highways,
(E) in subparagraph (E) by striking and (v) through (viii) of paragraph (2)(A) an highway safety programs, and transit pro-
‘‘$984,000,000 for each of fiscal years 2009 amount equal to 63 percent of the amount allo- grams, and for other purposes.’’.
through 2011, and $738,000,000 for the period be- cated for fiscal year 2009 under each such And the Senate agree to the same.
ginning on October 1, 2011, and ending on June clause. From the Committee on Transportation and
30, 2012,’’ and inserting ‘‘and $984,000,000 for ‘‘(ii) FUNDING.—If the Secretary determines Infrastructure, for consideration of the
each of fiscal years 2009 through 2012’’; that a project or activity described in paragraph House bill (except section 141) and the Sen-
(F) in subparagraph (F) by striking (2) received sufficient funds in fiscal year 2011, ate amendment (except secs. 1801, 40102,
‘‘$133,500,000 for each of fiscal years 2009 or a previous fiscal year, to carry out the pur- 40201, 40202, 40204, 40205, 40305, 40307, 40309–
through 2011, and $100,125,000 for the period be- pose for which the project or activity was au- 40312, 100112–100114, and 100116), and modifica-
ginning on October 1, 2011, and ending on June thorized, the Secretary may not allocate any tions committed to conference:
30, 2012,’’ and inserting ‘‘and $133,500,000 for amounts under clause (i) for the project or ac- JOHN L. MICA,
each of fiscal years 2009 through 2012’’; tivity for fiscal year 2012 or any subsequent fis- DON YOUNG,
(G) in subparagraph (G) by striking cal year.’’. JOHN J. DUNCAN, JR.,
‘‘$465,000,000 for each of fiscal years 2009 (d) ADMINISTRATION.—Section 5338(e)(7) of BILL SHUSTER,
through 2011, and $348,750,000 for the period be- title 49, United States Code, is amended to read SHELLEY MOORE CAPITO,
ginning on October 1, 2011, and ending on June as follows: ERIC A. ‘‘RICK’’ CRAWFORD,
30, 2012,’’ and inserting ‘‘and $465,000,000 for ‘‘(7) $98,713,000 for fiscal year 2012.’’. JAIME HERRERA BEUTLER,
each of fiscal years 2009 through 2012’’; SEC. 113007. AMENDMENTS TO SAFETEA–LU. LARRY BUCSHON,
(H) in subparagraph (H) by striking (a) CONTRACTED PARATRANSIT PILOT.—Section RICHARD L. HANNA,
‘‘$164,500,000 for each of fiscal years 2009 3009(i)(1) of SAFETEA–LU (119 Stat. 1572) is STEVE SOUTHERLAND, II,
JAMES LANKFORD, September 30, 2009 and which has been con- program called the National Highway Per-
REID J. RIBBLE, tinued with a series of short-term exten- formance Program to address both the inter-
From the Committee on Energy and Com- sions. MAP–21 will modernize and reform our state system as well as an extended National
merce, for consideration of sec. 142 and titles current transportation system to help create Highway System. It is these roads that are
II and V of the House bill, and secs. 1113, 1201, jobs, accelerate economic recovery, and most critical to our economic vitality, and
1202, subtitles B, C, D, and E of title I of Di- build the foundation for long-term pros- the conference report ensures the roads and
vision C, secs, 32701–32705, 32710, 32713, 40101, perity. This conference report makes a num- bridges that make up this system will be bet-
and 40301 of the Senate amendment, and ber of necessary changes in the Federal-aid ter maintained.
modifications committed to conference: highway program structure to increase State Freight policy
FRED UPTON, flexibility and better serve the American
A top priority of the nation’s transpor-
ED WHITFIELD, people.
tation system should be the safe and effi-
HENRY A. WAXMAN, DIVISION A—FEDERAL-AID HIGHWAYS cient movement of goods. The nation’s eco-
From the Committee on Natural Resources, AND HIGHWAY SAFETY CONSTRUCTION nomic health is reliant upon a transpor-
for consideration of secs. 123, 142, 204, and ti- PROGRAMS tation system that provides for reliable and
tles III and VI of the House bill, and sec. 1116, Highway funding levels timely goods movement.
subtitles C, F, and G of title I of Division A, The conference report provides funding for This conference report establishes policies
sec. 33009, titles VI and VII of Division C, sec. the federal-aid highway program through fis- to improve freight movement. It calls for the
40101, subtitles A and B of title I of Division cal 2014 at current funding levels with a development of a National Freight Strategic
F, and sec. 100301 of the Senate amendment, small inflationary adjustment. Plan, encourages state freight plans and ad-
and modifications committed to converence: visory committees, and provides incentives
Program consolidation
DOC HASTINGS, for states that fund projects to improve
ROB BISHOP, The Senate and the House both sought to
consolidate the number of programs in the freight movement.
From the Committee on Science, Space, and
federal-aid highway program to focus prior- America fast forward
Technology for consideration of secs. 121, 123,
ities and resources on key national goals. Given our massive investment needs and
136, and 137 of the House bill, and sec. 1534,
The conference report consolidates the num- the limited funding available, we need to
subtitle F of title I of Division A, secs. 20013,
ber of highway programs by two-thirds. The find ways to better leverage Federal dollars
20014, 20029, 31101, 31103, 31111, 31204, 31504,
elimination of dozens of programs makes by encouraging additional non-Federal in-
32705, 33009, 34008, and Division E of the Sen-
more resources available to States and met- vestment and helping to accelerate the bene-
ate amendment, and modifications com-
ropolitan areas to invest in their most crit- fits of State and locally funded transpor-
mitted to conference:
ical needs to improve the condition and per- tation projects.
RALPH M. HALL,
formance of their transportation system. This conference report builds upon the suc-
CHIP CRAVAACK,
Project delivery cess of the TIFIA program to help commu-
From the Committee on Ways and Means, for
The conference report combined provisions nities leverage their transportation re-
consideration of secs. 141 and 142 of the
from the House and Senate bills focusing on sources and stretch Federal dollars further
House bill, and secs. 1801, 40101, 40102, 40201,
the shared priority of accelerating project than they have been stretched before. The
40202, 40204, 40205, 40301–40307, 40309–40314,
delivery. It maintains the vast majority of conference report modifies the TIFIA pro-
100112–100114, and 100116 of the Senate amend-
project acceleration provisions from S. 1813 gram by increasing funding for the program
ment, and modifications committed to con-
and provisions from the House bill in addi- to $1 billion per year, by increasing the max-
ference:
tion to new provisions that will maintain imum share of project costs from 33 percent
DAVE CAMP,
substantive environment and public health to 49 percent, by allowing TIFIA to be used
PATRICK J. TIBERI,
protections while streamlining the creation to support a related set of projects, and by
Managers on the Part of the House.
and use of documents and environmental re- setting aside funding for projects in rural
BARABARA BOXER, views, enhancing efficiency and account- areas at more favorable terms.
MAX BAUCUS, ability in the project delivery process. Gulf Coast restoration
JOHN D. ROCKEFELLER, IV, The conference report adopts and modifies The conference report modifies a Senate
RICHARD J. DURBIN, (With provisions from the House bill directing the provision related to Gulf Coast restoration
the exception of: Div. A, Secretary to designate, through rulemaking, known as the Resources and Ecosystems
Title I, § 1538 Asian Carp certain activities as categorical exclusions Sustainability, Tourism Opportunities and
and Div. F, Title II, under the National Environmental Policy Revived Economies of the Gulf Coast States
§ 100206—Residual Risk) Act. The Secretary is directed to designate Act of 2012 (RESTORE Act). The provision
T JOHNSON,
IM the repair or reconstruction of a road, high- establishes the Gulf Coast Restoration Trust
CHARLES E. SCHUMER, way, or bridge damaged by a declared emer- Fund and places in the Trust Fund 80% of all
BILL NELSON, gency or disaster as a categorical exclusion, civil penalties paid by responsible parties in
ROBERT MENENDEZ, if the repair or reconstruction project is in connection with the Deepwater Horizon oil
JAMES M. INHOFE, the same location and with the same speci- spill. Funding may be used to invest in
DAVID VITTER, fications as the original project and is com- projects and activities to restore the long-
RICHARD C. SHELBY, menced within two years of the declaration term health of the coastal ecosystem and
KAY BAILEY HUTCHISON, of emergency or disaster. The Secretary is local economies in the Gulf Coast Region,
Managers on the Part of the Senate. also directed to designate any project within which includes the states of Mississippi, Lou-
JOINT EXPLANATORY STATEMENT OF the existing operational right-of-way as a isiana, Alabama, Florida, and Texas. A por-
THE COMMITTEE OF THE CONFERENCE categorical exclusion and defines the term tion of the funds will be allocated directly
The managers on the part of the Senate ‘‘operational right-of-way’’. Additionally, and equally to the five Gulf Coast states for
and the House at the conference on the dis- the Secretary is directed to designate ecological and economic recovery along the
agreeing votes of the two Houses on the projects receiving limited Federal assistance coast. A portion will be provided to the Gulf
amendment of the Senate to the bill ( H.R. as a categorical exclusion. The categorical Coast Ecosystem Restoration Council estab-
4348), to provide an extension of Federal-aid exclusion applies to any project that re- lished by the bill to develop and fund a com-
highway, highway safety, motor carrier safe- ceives less than $5,000,000 in Federal funds prehensive plan for the restoration of Gulf
ty, transit, and other programs funded out of and any project with a total estimated cost Coast ecosystems. A portion will be allo-
the Highway Trust Fund pending enactment of not more than $30,000,000 receiving Federal cated among the states using an impact-
of a multiyear law reauthorizing such pro- funds comprising less than 15 percent of the based formula to implement state plans that
grams, and for other purposes, submit the total estimated project costs. have been approved by the Council. Finally,
following joint statement to the House and Performance measures a portion of the fines will be allocated to a
the Senate in explanation of the effect of the The nation’s surface transportation pro- Gulf Coast ecosystem restoration, science,
action agreed upon by the managers and rec- grams have not provided sufficient account- observation, monitoring and technology pro-
ommended in the accompanying conference ability for how tax dollars are being spent on gram and for grants to nongovernmental en-
report:
transportation projects and would benefit tities for the establishment of Gulf Coast
The House recedes from its disagreement from a greater focus on key national prior- centers of excellence.
to the amendment of the Senate to the text
ities. The conference report focuses the high- Harbor maintenance
of the bill and agrees to the same with an
way program on key outcomes, such as re- The Conference report modifies a Senate
amendment.
A summary of the bill agreed to in con- ducing fatalities, improving road and bridge provision highlighting the significance of the
ference is set forth below: conditions, reducing congestion, increasing nation’s ports for efficient movement of
Moving Ahead for Progress in the 21st Cen- system reliability, and improving freight goods and products and the need for in-
tury (MAP–21) replaces the previous author- movement and economic vitality. creased investment in the maintenance of
ization, the Safe, Accountable, Flexible, Effi- Focus on the National Highway System these ports to promote the economic
cient Transportation Equity Act: A Legacy The conference report combines the old competiveness of the United States. The pro-
for Users (SAFETEA–LU), that expired on interstate maintenance program into a new vision states the Sense of Congress that the
Administration should request and the Con- Sec. 20008, 49 U.S.C. 5309, Fixed Guideway Cap- gram to provide research focused on public
gress should fully expend each year all of the ital Investment Grants (new starts) transportation with a goal of providing
revenues collected in the Harbor Mainte- Reforms and streamlines the ‘‘Fixed Guide- meaningful results.
nance Trust Fund (HMTF) for the operation way Capital Investment Grant’’ program Creates a clearly delineated pipeline with
and maintenance of the nation’s federally (previously the ‘‘Major Capital Investment criteria for continued progress with a goal of
maintained ports. The provision also ex- Grant’’ or ‘‘New Starts’’ program). Based on taking an idea from the research phase
presses the importance of protecting other extensive feedback from project sponsors and through to demonstration and deployment in
critical Army Corps programs, including in- other stakeholders, the bill streamlines the the field. For the first time, the program
land navigation, flood and coastal storm pro- New Starts process to accelerate project de- specifically provides funding for demonstra-
tection, and ecosystem restoration, from livery by eliminating duplicative steps in tion and deployment of products and services
funding reductions. project development and instituting a modi- that may benefit public transportation; a
Finally, the provision directs the Adminis- fied program structure that will allow the major impediment to putting new tech-
tration to provide an annual estimate of na- Federal Transit Administration to review nology to use in the field often cited by pub-
tional harbor maintenance needs, including proposals quickly, without sacrificing effec- lic transportation providers.
an estimate of the percentage of waterways tive project oversight. Creates a section of the deployment pro-
that will be available for use based on the Projects under $100 million can utilize an gram dedicated to low or no emission public
annual budget request as well as how much expedited review process if they meet stand- transportation vehicles. Grants will be avail-
funding would be needed to achieve 95 per- ards of similar highly qualified projects. The able for the acquisition of low or no emission
cent availability of the nation’s ports and bill also creates a category of demonstration
vehicles and related equipment, the con-
waterways within 3 years projects for sponsors that propose a signifi-
struction of facilities for low or no emission
cant amount of local and/or private funding
DIVISION B—FEDERAL PUBLIC vehicles, and the rehabilitation of existing
and reduce the federal commitment required
TRANSPORTATION ACT OF 2012 facilities to accommodate the use of low or
for the projects.
The Federal Public Transportation Act of Establishes a new category for capital inno emission vehicles.
2012 contains historic improvements in safe- vestment projects by authorizing core capac- Sec. 20012, 49 U.S.C. 5314, technical assistance
ty oversight, streamlined review of new cap- ity projects, which will undergo the same and standards development
ital projects, program consolidation, and a process as other ‘‘new starts’’ projects but Provides grants for activities that help
shift from earmarks and discretionary pro- provide an opportunity for existing systems public transportation systems more effec-
grams to robust formula programs that pub- to make necessary but significant invest- tively and efficiently provide public trans-
lic transportation systems can rely on to up- ments that were not previously eligible for portation service and helps grant recipients
grade and improve aging infrastructure and funding. The conference report requires that
administer funds received under this chap-
vehicles. The Act provides increased funding eligible activities under a core capacity
ter. Authorizes the Federal Transit Adminis-
levels for fiscal years 2013 and 2014 based on project achieve at least a 10% increase in ca-
tration to continue making grants for the
expected inflation, giving public transpor- pacity along a corridor.
The Senate agreed to a House request to development of voluntary standards by the
tation providers the stable funding needed to public transportation industry related to
make essential investments. modify the definition of Bus Rapid Transit
projects in the Senate bill to allow broader procurement, safety and other subjects and
Secs. 20005 and 20006, 49 U.S.C. 5303/5304, metro- use of the program. The conference report authorizes the Secretary to fund technical
politan and statewide transportation plan- also includes incentives for the development assistance centers to assist grant recipients
ning of bus rapid transit projects that incorporate following a competitive process.
The Conference report improves metropoli- elements of fixed-guideway transit like light Sec. 20014, 49 U.S.C. 5318, bus testing facilities
tan and statewide planning processes to in- rail. Instructs the Secretary to certify one fa-
corporate a more comprehensive perform- Sec. 20009, 49 U.S.C. 5310, formula grants for the cility for testing new bus models. Requires
ance-based approach. The conference com- enhanced mobility of seniors and individ- the Secretary to work with the bus industry
mittee requires the structure of all Metro- uals with disabilities to develop a mutually agreed upon pass/fail
politan Planning Organizations include offi- Consolidates the existing ‘‘Elderly and Dis- test for vehicles to ensure the safety and re-
cials of public agencies that administer or abled’’ (Sec. 5310) and ‘‘New Freedom’’ (Sec. liability of buses purchased with federal
operate public transportation systems with- 5317) programs into a single program that in- funds.
in two years of enactment. creases the level of resources available be-
The conference report creates a pilot pro- Sec. 20015, 49 U.S.C. 5322, public transportation
yond the level of funding available under ex-
gram for transit-oriented development plan- workforce development and human resource
isting programs. The consolidated program
ning to advance planning efforts that sup- programs
will continue to ensure support for non-prof-
port transit-oriented development around it providers of transportation, and it will Authorizes the Secretary to make grants,
fixed guideway capital investment projects. continue to make available funds for public or enter into contracts for, activities that
Grants for planning will help communities transportation services that exceed the re- address human resource and workforce needs
develop strategies to facilitate transit-ori- quirements of the Americans with Disabil- as they apply to public transportation ac-
ented development. ities Act, as previously provided under the tivities. Creates the Innovative Public
Secs. 20007 and 20026, 49 U.S.C. 5307 and 5336, ‘‘New Freedom’’ program. Transportation Workforce Development Pro-
urbanized area formula grants Sec. 20010, 49 U.S.C. 5311, formula grants for gram, a competitive grant program to pro-
Maintains the basic structure for urban- rural areas mote and assist the development of innova-
ized area grants under Section 5307. The pro- Maintains the existing structure providing tive workforce development and human re-
gram continues to be the largest program for funding to states for public transportation in source activities within the public transpor-
federal investment in public transportation. rural areas. The 5311 formula is expanded to tation industry.
The ‘‘Job Access and Reverse Commute’’ pro- include the rural component of the ‘‘Job Ac- Sec. 20017, 49 U.S.C. 5324, public transportation
gram (JARC) has been moved to Section 5307 cess and Reverse Commute’’ program, and emergency relief program
and the conferees have removed the Senate the level of public transportation service Establishes a program to assist States and
bill set-aside for JARC activities. that is provided within a state’s rural areas public transportation systems pay for pro-
Maintains the existing criteria for use of is considered in the distribution of new tecting, repairing, or replacing equipment
5307 funds for capital projects (operating ex- funds. and facilities that are in danger of suffering
penses continue to be ineligible) in urban Funding for the ‘‘Public Transportation on serious damage or have suffered serious dam-
areas with a population greater than 200,000. Indian Reservations’’ program is increased age as a result of an emergency.
In addition, the bill maintains language al- to $30 million. The Secretary will distribute
lowing small urbanized areas with popu- $5 million competitively each fiscal year, Sec. 20019, 49 U.S.C. 5326, transit asset manage-
lations under 200,000 to use up to 100 percent and $25 million will be available to Indian ment
of their 5307 funding for operating expenses. Tribes as formula grants to continue and ex- Establishes a system to monitor and man-
A modified ‘‘100 bus rule’’ has been included, pand public transportation services. age public transportation assets to improve
allowing systems with 76–100 buses operating The conference report also establishes a safety and increase reliability and perform-
in peak service to use up to 50% of their 5307 new ‘‘Appalachian Development Public ance. Recipients are required to establish
funding for operating expenses and those op- Transportation Program’’ to distribute $20 and use an asset management system to de-
erating 75 or fewer buses to use up to 75% for million to states within the Appalachian re- velop capital asset inventories and condition
operating expenses. gion with a goal of providing greater public assessments, and report on the condition of
The Senate receded to the House request to transportation opportunities to residents in their system as a whole, including a descrip-
remove a provision in the Senate bill estab- these challenged areas. tion of the change in overall condition since
lishing a program to allow public transpor- Sec. 20011, 49 U.S.C. 5312, research, develop- the last report. The Secretary of Transpor-
tation providers temporary flexibility during ment, demonstration, and deployment tation is also required to define the term
periods of high unemployment to use a lim- projects ‘state of good repair,’ including objective
ited portion of their 5307 funds for up to two Modifies the existing research program by standards for measuring the condition of
years for operating expenses. eliminating earmarks and reforming the pro- capital assets.
Sec. 20021, 49 U.S.C. 5329, public transportation tion, but continues to fund it from the funds nancial responsibility requirements for im-
safety program provided for the formula grant program. porters and modifies a provision relating to
Establishes a National Public Transpor- The conference report accepts the Senate conditions of importation.
tation Safety Plan to improve the safety of approach on incentive grants, but consoli- Transparency and Accountability. The
all public transportation systems that re- dates all of those grants into a single section conference report contains several provisions
ceive Federal funding. The Secretary will de- in Code. The new Section 405 of Title 23, ‘‘Na- designed to increase transparency and ac-
velop minimum performance standards for tional Priority Safety Programs,’’ allocates countability at NHTSA and in the auto in-
vehicles used in public transportation and funds across six incentive grant programs dustry. The conference report adopts a modi-
establish a training program for Federal and and allows such funds to be used for a re- fied Senate approach on establishing public
State employees who conduct safety audits search program on technology to prevent im- accessibility to vehicle recall information
and examinations of public transportation paired driving. The conference report retains and further modifies Senate provisions ad-
the Senate language with respect to state dressing the set of communications with
systems.
Requires public transportation agencies to traffic safety information system improve- dealers that must be made available to the
ment grants, the motorcycle safety grant public. The report strikes the provision re-
establish comprehensive safety plans, thus
program, and the high visibility enforcement garding public availability of early warning
encouraging a ‘‘culture of safety’’ in which
program. reporting data. The report strikes a provi-
each employee completes a safety training
The conference report retains the Senate sion imposing new post-employment restric-
program that includes continuing safety edu-
language with respect to an occupant protections for vehicle safety officials at NHTSA,
cation and training. The Senate receded to a
tion incentive grant with two modifications. but retains language calling on the inspector
House request to give smaller systems the
First, the report provides the highest per- general to report on the issue. The report
option to rely on states to prepare these
forming states with additional flexibility in slightly modifies the whistleblower protec-
plans.
spending grant funds. Second, the report tion provision and calls on the Government
Improves the effectiveness of State Safety
does not specifically state that education to Accountability Office to examine this and
Oversight Agencies and increases federal
the public concerning the dangers of children other such provisions. The report slightly
funding for safety. States will submit pro-
left unattended in vehicles is an allowable modifies the provision directing NHTSA to
posals for state safety oversight programs
use of these funds, however the conferees study crash data collection. And the report
for rail fixed guideway public transportation
agree that such education efforts could be makes slight modifications to NHTSA’s au-
systems to the Secretary, and upon approval,
carried out under other allowable uses, in- thority to require additional recall notifica-
receive funding at an 80 percent Federal
cluding education to the public concerning tions.
share. The Act builds on the existence of
the proper use of child restraints. Vehicle Electronics and Safety Standards.
State safety oversight agencies and requires The conference report reflects the Senate
them to be legally and financially inde- The conference report maintains a Senate
approach with regard to the impaired driving provision that establishes a Council for Vehi-
pendent from the rail fixed guideway sys- countermeasures and teen driver safety
tems they oversee, and have the authority, cle Electronics, Vehicle Software, and
grants with one modification made to each Emerging Technologies to build, implement,
staff training and expertise to enforce Fed- that allows states additional flexibility in
eral and state safety laws. and aggregate NHTSA’s expertise in pas-
spending a percentage of funds received senger motor vehicle electronics and other
At the request of the House the conference through these programs. The report also ac-
changes the nature of the enforcement pow- new and emerging technologies. The con-
cepts the Senate approach on distracted ference report includes a provision calling on
ers contained in the Senate bill. Instead of driving incentive grants, with one change to
direct oversight of public transportation NHTSA to evaluate vehicle electronic sys-
the eligibility requirements for the grants. tems and report to Congress on highest pri-
agencies, the program relies on State Safety Highway Safety Research. The conference
Oversight Agencies to provide direct over- ority areas for safety. The conference report
report accepts the Senate approach to modi-
sight of rail fixed guideway public transpor- strikes all other safety mandates contained
fying the highway safety research authori-
tation providers. in Subtitle D of the Senate bill.
ties provided to NHTSA. The report strikes
Child Safety Standards. The conference re-
Sec. 20027, 49 U.S.C. 5337, state of good repair provisions in the Senate bill that authorized
port maintains the Senate approach with re-
grant program additional collaborative research and devel-
gard to child safety. The report strikes man-
Modernizes, renames, and provides historic opment with non-federal entities, allowed
dates for new safety standards for booster
levels of funding for the old ‘‘Rail Mod- the Secretary to establish an international
seats and child restraint anchorage systems
ernization’’ program by establishing a pro- highway safety information and cooperation
because conferees understand that NHTSA
gram structure and defining eligible ex- program, funded training for highway safety
has completed a rulemaking that achieves
penses under the program with a goal of personnel, and created a clearinghouse for
these goals. The report modifies the mandate
moving all systems towards a state of good information about best practices for driver’s
that NHTSA update its frontal impact test
repair and enabling systems to maintain a licensing concerning drivers with medical
parameters for child safety seats to clarify
state of good repair. issues. The report removes language in the
that the mandate only applies to the seat as-
The program has two major components: a Senate bill that allowed NHTSA to develop
sembly specifications. The report revises the
rail fixed guideway state of good repair for- model specifications for devices. The con-
provision relating to unattended passengers
mula program and a high intensity bus state ferees understand the removal of this lan-
to a discretionary research effort without
of good repair formula program. Funding guage does not alter the current authority of
any mandate for NHTSA to begin a rule-
tiers and earmarks in the old rail moderniza- NHTSA in this area.
making process.
tion program have been eliminated and re- The conference report modifies Senate lan-
Improved Daytime and Nighttime Visi-
placed with a new structure that focuses on guage providing NHTSA with the authority
bility of Agricultural Equipment. The Con-
the age of the system, revenue vehicle miles to conduct research into advanced tech-
ference report accepts the Senate language.
and directional route miles. nology to prevent impaired driving, and al-
lows the Secretary to use funds from the Na- TITLE II—COMMERCIAL MOTOR VEHICLE
DIVISION C—TRANSPORTATION SAFETY SAFETY ENHANCEMENT ACT OF 2012
tional Priority Safety Programs to fund this
AND SURFACE TRANSPORTATION POL-
research. Commercial Motor Vehicle Registration
ICY
Enhanced Safety Authorities. The con- requirements. The conference report in-
TITLE I—MOTOR VEHICLE AND HIGHWAY ference report includes several provisions includes several provisions amending registra-
SAFETY IMPROVEMENT ACT tended to enhance NHTSA’s safety authori- tion requirements under federal law for com-
Highway Safety Grant Programs. The con- ties. The conference report revises the Sen- mercial motor vehicles (CMV), freight for-
ference report includes provisions that re- ate language on civil penalties and sets the warders, and brokers. The conference report
structure the existing highway safety grant maximum penalty at $35 million for a re- largely adopts the Senate registration provi-
programs administered by the National lated series of violations. The increase will sions. The provisions include new require-
Highway Traffic Safety Administration take effect one year after enactment or when ments, such as completing a written exam-
(NHTSA). The conference report largely re- NHTSA issues a rule interpreting the new ination and applying for a US DOT number,
flects the Senate approach on modifications civil penalty factors, whichever is earlier, as a precondition for being registered. The
to the existing formula grant programs, in- and the conferees agree that the new penalty included provisions amend safety fitness re-
cluding the establishment of a single grant amount will only be subject to adjustment quirements and require license holders to
application and reporting process for all for inflation occurring thereafter. The con- provide registration updates. The conference
grants received under this title, the adoption ference report maintains the Senate ap- report also includes Senate provisions for
of performance measures, and the establish- proach on motor vehicle safety research and registering household goods motor carriers,
ment of planning and reporting requirements development with modification, including to but removes provisions directing the Sec-
for the states. In addition, the conference re- NHTSA’s authority to plan, design, or build retary to establish education and assistance
port inserts a prohibition on state use of facilities. The conference report largely programs to address the problems of house-
these formula grant funds to pay for red maintains the Senate approach providing hold property being held hostage.
light or speed cameras. The report moves a NHTSA additional authority over imported The conference report makes changes to
provision establishing a cooperative research motor vehicles and motor vehicle equipment, some Senate registration provisions. It re-
and evaluation program into a different sec- though it strikes a provision related to fi- tains the current presumption in favor of
registration, removes a management plan re- Commercial motor vehicle driver safety. sions updating and consolidating grant pro-
quirement, and changes written examination The conference report includes several Sen- grams and processes. While the conference
provisions. For providers of motorcoach ate provisions to address commercial driver believes that reducing administrative bur-
services, the conference report also replaces safety: driver medical qualifications, oper- dens on the states and local governments by
a pre-authorization audit requirement with a ator training, driver’s license program, driv- streamlining grants processes is beneficial,
requirement that new operators undergo a er’s requirements and driver information the short time frame of the legislation does
safety review within 120 days of beginning systems. The conference report removes a not allow for these changes. In that regard,
operations. The conference report also re- Senate provision that would have directed the conference agrees to retain existing
moves requirements to periodically update the development of driver safety fitness rat- grant programs and authorizes them for FY
registration information when no changes ings. The report also removes a study and re- 2013 and FY 2014 at current funding levels.
have been made. port to Congress examining the extent to The conference report adds language allow-
The conference report includes a number of which detention time contributes to drivers ing the Secretary to examine methods and
Senate provisions to address motor carrier violating hours of service requirements and approaches for streamlining grants adminis-
companies that mask prior noncompliance driver fatigue. The conference report re- tration and processes to reduce burdens for
and adverse safety history. The provisions moves a Senate provision that would have the states and local governments. The con-
authorize the Secretary to withhold, sus- amended the membership of the Motor Car- ference report makes some administrative
pend, amend, or revoke a motor carrier’s reg- rier Safety Advisory Committee to specifi- amendments to the existing commercial
istration if the carrier failed to disclose an cally include non-profit employee organiza- driver license program improvement grant
adverse safety history or other facts relevant tion representation. that was included in the Senate bill. The
to its past regulatory compliance. The provi- The provisions included direct the Sec- conference also retains the Senate provision
sions authorize similar action where the Sec- retary to establish a national registry of requiring a report to Congress on resuming
retary finds that within the previous 3 years medical examiners, issue regulations to es- the commercial vehicle information systems
the carrier: (1) was closely related to another tablish minimum entry-level training re- and networks program.
motor carrier with a poor compliance his- quirements for all CMV operators, require Motorcoach Safety. The conference report
tory; and (2) did not disclose this relation- States to modernize commercial driver’s li- includes provisions addressing the safety of
ship in its application. The Secretary is cense (CDL) information systems, and add motorcoach operations. The conference
granted authority to refuse or revoke a disqualification standards for drivers. The adopts the Senate approach, but modifies
USDOT number to an applicant that is unfit, conference report includes Senate provisions some rulemaking and research requirements
unwilling or unable to comply with the safe- for the commercial driver’s license program, and removes registration provisions. The
ty regulations. The conference report but removes language for federal guidance conference report consolidates several re-
amends some of the Senate provisions to on critical requirements for effective State search and rulemakings related to fire pre-
limit the unintended results of punishing in- CDL programs. The conference report in- vention and mitigation. The report amends
dividuals who were not guilty parties in precludes alternate language directing states to language on assessing the feasibility of ret-
vious companies. prioritize areas that the Secretary has iden- rofitting existing motorcoaches with safety
The conference report adopts several Sen- tified as critical in the most recent audit of requirements. The report makes conforming
ate penalty provisions for operations in vio- their programs. definition changes regarding the registration
lation of registration requirements. The con- The conference report also includes lan-
of motorcoaches. The registration provisions
ference report includes civil penalties and guage for streamlining the process by which
were not included in the conference report
revocation authority for operating without military members and veterans who operate
because they are largely redundant to the
registration, operating as imminent hazard, heavy trucks during duty are able to obtain
provisions in the report updating registra-
and transporting hazardous wastes without commercial driver’s licenses. The conference
tion requirements for all motor carriers.
necessary registration. Provisions increase provision includes Senate language directing
The conference report also includes a Sen-
the civil penalties for motor carriers, motor the Secretary to complete a study and report
ate provision for oversight of motorcoaches.
carriers of migrant workers and private to Congress on what can be done to stream-
The provision directs the Secretary to estab-
motor carriers that disobey a subpoena or a line the process. The report adds new lan-
lish a safety fitness system to rate motor
requirement of the Secretary to produce wit- guage requiring the Secretary, based on rec-
coaches, determine and assign a fitness rat-
nesses or records. Other provisions included ommendations of the report, to establish ac-
ing for each motor coach, periodically review
authorize the Secretary to suspend, amend celerated licensing procedures within 1 year
the safety ratings and make public the fit-
or revoke the registration of a motor carrier, of enactment.
Drug and Alcohol Clearinghouse. The con- ness ratings of each motorcoach.
broker or freight forwarder for failing to The conference report includes a new pro-
ference report includes Senate provisions di-
obey an administrative subpoena. Another vision that directs the Secretary, to the ex-
recting the Secretary to establish a national
provision authorizes the Secretary to place tent feasible, to ensure that motorcoach re-
repository for records relating to alcohol and
out of service the operations of a motor car- search programs and rulemaking are carried
controlled substances testing of CMV driv-
rier discovered to be operating vehicles without concurrently. The report also includes a
ers. The records will be used to determine
out the required registration, or operating provision requiring the Secretary to review
the qualifications for operating a CMV. The
beyond the scope of the registration granted. and report to Congress on the current knowl-
clearinghouse will include safeguards to pro-
The conference report amends the Senate edge and skill testing requirements for a
tect the privacy of individuals to whom the
provision for hazardous waste transportation commercial driver’s license passenger en-
information pertains and ensure that the in-
penalties and sets the penalty range at not dorsement. The conference agreement re-
formation is not divulged to anyone not di-
less than $20,000 but not to exceed $40,000. rectly involved in evaluating the individual’s moves a Senate rulemaking requirement on
Electronic logging devices. The conference distracted driving because FMCSA has al-
qualifications to drive a CMV. The con-
report includes provisions directing the Sec- ready addressed this issue.
ference report also includes Senate provi-
retary to issue regulations requiring elec- Truck, Size and Weight. The conference re-
sions for prohibiting an employer from hir-
tronic logging devices for recording hours of port includes provisions directing the Sec-
ing a driver unless he or she has determined
service in commercial motor vehicles and retary to study the effects of truck, size and
that during the preceding three years that
sets basic performance standards for the de- weight on highway safety and infrastructure
such driver: did not test positive in violation
vice. The conference report adopted the Sen- and compile a list of existing state truck size
of the regulations at title 49, Code of Federal
ate approach with some amendments. The Regulations; and did not refuse a test under and weight laws. The conference report
conference report adds an hours of service these regulations. Other included provisions amends the Senate study provisions. The
field study to expand on a previous Federal grant preemption authority to the Secretary conference report includes language direct-
Motor Carrier Safety Administration in regard to the reporting of valid positive ing the Secretary to consider the effects of
(FMCSA) report on driver fatigue and max- results or refusals to take alcohol screening trucks operating in excess of federal law and
imum driving time requirements focusing on and drug tests, and apply civil penalties to regulations in comparison to those trucks
the 34-hour restart rule. The conference re- any violators of privacy and reporting re- that do not operate in excess of federal law
port directs the Secretary, in prescribing quirements. and regulations, when assessing accident fre-
regulations, to consider how the rule may re- The conference report amends Senate pro- quency and impacts to highway and bridge
duce or eliminate requirements for drivers visions for archiving personal records to en- infrastructure. The conference report adopts
and motor carriers to retain supporting doc- sure further individual privacy protections. the Senate requirement that the report must
umentation associated with paper-based The conference report also includes amend- be submitted to Congress not later than 2
records. The conference report changes the ments to the National Transportation Safety years after enactment.
name of the device and adds other language Board’s access to clearinghouse records. The Financial responsibility requirements. The
to make clear that the devices are to be used conference report makes amendments to conference report includes provisions ad-
only to enforce federal regulations. The re- clarify that the clearinghouse will be used to dressing the financial responsibility of
port also includes a definition of ‘‘tamper re- determine whether individuals have existing freight-forwarders and brokers. These provi-
sistant’’ and provisions to ensure that appro- employment prohibitions at the time of sions direct rulemakings to establish min-
priate measures are taken to protect the pri- making hiring decisions. imum financial solvency and bonding re-
vacy of individuals and the confidentiality of Motor Carrier Grant programs. The con- quirements for these entities. The con-
the data. ference report does not include Senate provi- ference agreement includes exemptions for
air carrier and customs brokers who are al- the feasibility and effectiveness of using equivalent to the Federal permit, and ac-
ready subject to financial responsibility re- paperless hazard communications systems. tions to improve the program including an
quirements under federal law. The conference report includes these provi- additional level of fitness review. Based on
Enforcement. The Senate bill included sev- sions and adds a requirement to conduct a the findings of the review, the Secretary
eral provisions amending and updating cost-benefit analysis of the pilot projects and may either issue a rulemaking to make any
FMCSA’s enforcement authorities. The con- submit recommendations on the analysis and necessary improvements to the program, or
ference report includes nine of the Senate other findings in the report to Congress. publish in the Federal Register justification
provisions. Five of the Senate enforcement The conference report includes Senate pro- for why a rulemaking is not necessary.
provisions were not included in the con- visions requiring an assessment of the Pipe- Civil penalties. The conference report adds
ference report: minimum prohibition on op- line and Hazardous Materials Safety Admin- new language amending civil penalties by re-
eration of unfit carriers, minimum out of istration’s (PHMSA) hazmat data collection, moving the minimum penalty amount for
service penalties, failure to pay civil penalty analysis and reporting. These provisions re- violations of hazardous materials laws and
as a disqualifying offense, intrastate oper- quire PHMSA to develop an action plan and regulations. The conference report also adds
ations of interstate motor carriers and en- timeline to make improvements to its sys- language amending penalties for training
forcement of safety laws and regulations. tems. The conference report directs PHMSA violations. It includes a definition of ‘‘ob-
Exemptions. The conference report amends to conduct the assessment in consultation struct’’ regarding penalties for obstruction
an exemption for the transportation of agri- with Commandant of the Coast Guard, in of inspections and investigations.
cultural commodities by increasing the per- lieu of in coordination with the Secretary of
mitted travel radius from 100 air-miles to 150 Homeland Security. This amendment was in- TITLE V—NATIONAL RAIL SYSTEM PRESERVA-
TION, EXPANSION AND DEVELOPMENT ACT OF
air-miles. The conference report includes cluded because the Coast Guard is more spe-
Senate language for a narrow exemption cifically involved in handling accidents and 2012
from federal requirements for covered farm investigations in the transportation of haz- The Senate legislation included provisions
vehicles. This conference report adopts the ardous materials. that would direct the Secretary, in collabo-
Senate language directing the Secretary to Hazmat Transportation. The conference re- ration with stakeholders, to develop a long-
study and report to Congress on the safety port includes a new requirement for the Sec- range, national rail plan. Other provisions in
impacts of the covered farm vehicle exemp- retary to study the safety of transporting this title would amend statutory require-
tion. flammable liquids in the external pipes of ments for implementation of positive train
TITLE III—SURFACE TRANSPORTATION AND cargo tanks, ‘‘wetlines.’’ The report specifies control, refine Surface Transportation Board
FREIGHT POLICY ACT OF 2012 that the Secretary may not issue a rule- authorities and amend and update Amtrak’s
making on ‘‘wetlines’’ until the study is environmental review, capital planning and
The Senate legislation included provisions
complete, but no later than two years after financing, and inspector general authorities.
establishing a comprehensive national sur-
the date of enactment. The conference report The conference report does not include any
face transportation system and freight
also modifies Senate provisions that direct of the provisions in this title.
transportation policy. The policy would have
the Secretary to address transportation of
provided certainty to states and localities by TITLE VI—SPORT FISH RESTORATION AND
perishable material after inspection, train-
requiring the development of long term, RECREATIONAL BOATING SAFETY ACT OF 2012
ing for inspectors and the proper closing of
strategic plans and directing transportation
packaging after inspections, by requiring Sport Fish Restoration and Boating Trust
investment data collection and evaluation
that these regulations be issued within a Fund. The conference report adopts Senate
efforts. This Senate title had included provi-
year after enactment. provisions to authorize appropriations and
sions for safety standards to ensure that the
The Senate bill included a provision that amounts for administrative costs through
design of federal transportation projects pro-
requires uniform regulations for the safe FY 2013 for the Sport Fish Restoration and
vides for adequate consideration of non-mo-
loading and unloading of hazardous mate- Boating Trust Fund. The Trust Fund, often
torized users. The conference report does not
rials on and off tank cars and cargo tank referred to as Wallop-Breaux, is the main-
include this title.
trucks. The provision was not included in stay of funding for State and Federal sport
TITLE IV—HAZARDOUS MATERIALS TRANSPOR- the conference report due to an ongoing rule- fish conservation and recreational boating
TATION SAFETY IMPROVEMENT ACT OF 2012 making addressing the matter. safety programs. Funds go to projects that
Training Programs. There is currently no The conference report includes a Senate support sport fish conservation and habitat
uniform training standard for hazardous ma- provision that ensures States update the conservation in the States, and to assist
terials (‘‘hazmat’’) inspectors and investiga- hazardous materials route registry kept by States in establishing and maintaining rec-
tors. The conference bill requires the Sec- the Department of Transportation. reational boating safety and boater edu-
retary to establish standards for training Special permitting. The conference report cation programs. The Trust Fund receives
these inspectors and investigators. The con- amends provisions included in the Senate income from the following five sources: (1)
ference report modifies the Senate bill to re- bill on special permits. The conference re- motorboat fuel taxes; (2) annual tax receipts
quire that the standards be developed not port removes some language regarding cri- from small engine fuel used for outdoor
later than 18 months after enactment, and to teria for special permits but includes the power equipment; (3) a manufacturers’ excise
clarify that the standards are established as rulemaking provision for special permit and tax on sport fishing equipment; (4) import
guidelines. approvals procedures. It directs a review and duties on fishing tackle and on yachts and
The conference report includes Senate pro- analysis of special permits that have been in pleasure craft; and (5) interest on funds in-
visions that amend training requirements for continuous effect for a 10-year period to de- vested prior to disbursal. All moneys re-
emergency responders of hazardous mate- termine which permits can be converted into ceived in a given fiscal year are apportioned
rials. These provisions direct that organiza- the hazardous materials regulations (HMR). to the States in the following fiscal year.
tions receiving grant funding to train emer- It includes factors that the Secretary may TITLE VII—MISCELLANEOUS
gency responders have the ability to protect consider in reviewing special permits. After
against accidents or incidents involving the the analysis is complete, but no later than 3 Overflights in Grand Canyon National
transportation of hazardous material in ac- years after enactment, the report authorizes Park. The conference report makes amend-
cordance with existing regulations and the Secretary to issue regulations for incor- ments to a Senate provision on aircraft noise
standards. porating special permits into the HMR. The abatement at Grand Canyon National Park
The conference report adds language to amended language also directs the Secretary (GCNP). The provision establishes standards
permit ‘‘portable training’’ which can be of- to publish in the Federal Register justifica- to be used by the National Park Service
fered in any suitable setting rather than spe- tion in the case of special permits that are (NPS) in restoring natural quiet at GCNP,
cific, designated facilities. This provision is not appropriate for incorporation into the defines the term ‘‘substantial restoration of
included to allow training at locations and HMR. Similarly, the amended language in- natural quiet’’ for the park, and directs the
times convenient to students and instruc- cludes a process to review a special permit NPS to take measures that promote adop-
tors. The conference report also adds re- for incorporation into the regulations once tion of quiet technology aircraft at GCNP.
quirements to ensure that the emergency re- that permit has been in effect for 10 years. Commercial air tour operations. The con-
sponder and hazmat employee training Motor carrier safety permits. The conference report amends a Senate provision for
grants be awarded through a competitive ference report includes a provision directing commercial air tour operations at national
process. the Secretary to conduct a review of the im- parks. The report modifies existing statu-
Data Collection and Research. The Senate plementation of the hazardous material safe- tory authority to clarify the conditions
bill recognized the need for increased re- ty permit program. The conference report di- under which the Director of the NPS may
search and data collection on hazardous ma- rects the Secretary to consider factors, in- deny an application to begin or expand com-
terials programs and included a new pilot cluding the list of hazardous materials re- mercial air tour operations without devel-
program for paperless hazard communica- quiring a safety permit, the criteria used by oping an air tour management plan at Crater
tions. The program would permit the Sec- PHMSA to determine whether a hazardous Lake National Park and Great Smoky Moun-
retary to conduct pilot projects to evaluate material safety permit issued by a State is tains National Park only.
PART I—EXTENSION OF HIGHWAY TRUST PRESENT LAW HIGHWAY TRUST FUND Effective date.—The provision is effective
FUND EXPENDITURE AUTHORITY AND EXPENDITURE PROVISIONS July 1, 2012.
RELATED TAXES In general
SENATE AMENDMENT
A. Extension of Highway Trust Fund Expend- Under present law, revenues from the high-
iture Authority and Extension of Highway- way excise taxes, as imposed through June The expenditure authority for the Highway
Related Taxes 30, 2012, generally are dedicated to the High- Trust Fund is extended through September
(secs. 141 and 142 of the House bill, secs. 40101 way Trust Fund. Dedication of excise tax 30, 2013. The Code provisions governing the
and 40102 of the Senate amendment, secs. revenues to the Highway Trust Fund and ex- purposes for which monies in the Highway
40101 and 40102 of the conference agree- penditures from the Highway Trust Fund are Trust Fund may be spent are updated to in-
ment, and secs. 4041, 4051, 4071, 4081, 4221, governed by the Code.9 The Code authorizes clude the reauthorization bill, Moving Ahead
4481 4483, 6412, 9503, 9504, and 9508 of the expenditures (subject to appropriations) for Progress for the 21st Century (MAP–21).13
Code) 1 from the Highway Trust Fund through June
The provision extends the motor fuel
PRESENT LAW HIGHWAY TRUST FUND EXCISE 30, 2012, for the purposes provided in author-
taxes, and all three non-fuel excise taxes at
TAXES izing legislation, as such legislation was in
effect on the date of enactment of the Sur- their current rates through September 30,
In general face Transportation Extension Act of 2012. 2015.14 The provision resolves the projected
Six separate excise taxes are imposed to fi- deficit in the Highway Trust Fund, assures a
Highway Trust Fund expenditure purposes
nance the Federal Highway Trust Fund pro- cushion of $2.8 billion in each account of the
gram. Three of these taxes are imposed on The Highway Trust Fund has a separate Highway Trust Fund, and creates a solvency
highway motor fuels. The remaining three account for mass transit, the Mass Transit account available for use by either highways
are a retail sales tax on heavy highway vehi- Account.10 The Highway Trust Fund and the or mass transit. Specifically, the Secretary
cles, a manufacturers’ excise tax on heavy Mass Transit Account are funding sources of the Treasury is to transfer the excess of
vehicle tires, and an annual use tax on heavy for specific programs. (1) any amount appropriated to the Highway
Highway Trust Fund expenditure purposes
vehicles. A substantial majority of the reve- Trust Fund before October 1, 2013, by reason
have been revised with each authorization
nues produced by the Highway Trust Fund of the provisions of this bill, over (2) the
Act enacted since establishment of the High-
excise taxes are derived from the taxes on amount necessary to meet the required ex-
way Trust Fund in 1956. In general, expendi-
motor fuels. The annual use tax on heavy ve- penditures from the Highway Trust Fund as
tures authorized under those Acts (as the
hicles expires October 1, 2013. Except for 4.3 authorized in section 9503(c) of the Code
Acts were in effect on the date of enactment
cents per gallon of the Highway Trust Fund (which provides expenditure authority from
of the most recent such authorizing Act) are
fuels tax rates, the remaining taxes are the Highway Trust Fund) for the period end-
specified by the Code as Highway Trust Fund
scheduled to expire after June 30, 2012. The ing before October 1, 2013. Amounts in the
expenditure purposes.11 The Code provides
4.3-cents-per-gallon portion of the fuels tax solvency account are available for transfers
that the authority to make expenditures
rates is permanent.2 The six taxes are sum- to the Highway Account and the Mass Tran-
marized below. from the Highway Trust Fund expires after
June 30, 2012. Thus, no Highway Trust Fund sit Account in such amounts as determined
Highway motor fuels taxes expenditures may occur after June 30, 2012, necessary by the Secretary to ensure that
The Highway Trust Fund motor fuels tax without an amendment to the Code. each account has a surplus balance of $2.8
rates are as follows: 3 As noted above, section 9503 appropriates billion on September 30, 2013. The solvency
to the Highway Trust Fund amounts equiva- account terminates on September 30, 2013
Gasoline ......................... 18.3 cents per gallon lent to the taxes received from the following: and any remainder in the solvency account
Diesel fuel and kerosene 24.3 cents per gallon the taxes on diesel, gasoline, kerosene and remains in the Highway Trust Fund. The
Alternative fuels ............ 18.3 or 24.3 cents per gallon generally 4 special motor fuel, the tax on tires, the an- Committee expects that the Secretary of the
4 See secs. 4041(a)(2), 4041(a)(3), and 4041(m). nual heavy vehicle use tax, and the tax on Treasury will consult with the Secretary of
the retail sale of heavy trucks and trailers.12 Transportation in making determinations
Non-fuel highway trust fund excise taxes
Section 9601 provides that amounts appro- concerning amounts necessary to meet re-
In addition to the highway motor fuels ex- priated to a trust fund pursuant to sections quired expenditures and amounts necessary
cise tax revenues, the Highway Trust Fund 9501 through 9511, are to be transferred at to ensure the cushion of $2.8 billion.
receives revenues produced by three excise least monthly from the General Fund of the
taxes imposed exclusively on heavy highway Treasury to such trust fund on the basis of Effective date.—The provision is effective
vehicles or tires. These taxes are: estimates made by the Secretary of the on April 1, 2012.
1. A 12-percent excise tax imposed on the Treasury of the amounts referred to in the CONFERENCE AGREEMENT
first retail sale of heavy highway vehicles, Code section appropriating the amounts to
tractors, and trailers (generally, trucks hav- such trust fund. The Code requires that prop- The conference agreement provides for ex-
ing a gross vehicle weight in excess of 33,000 er adjustments be made in amounts subse- penditure authority through September 30,
pounds and trailers having such a weight in quently transferred to the extent prior esti- 2014. The Code provisions governing the pur-
excess of 26,000 pounds); 5 mates were in excess of, or less than, the poses for which monies in the Highway Trust
2. An excise tax imposed on highway tires amounts required to be transferred. Fund may be spent are updated to include
with a rated load capacity exceeding 3,500 HOUSE BILL the conference agreement bill, MAP–21.
pounds, generally at a rate of 0.945 cents per Cross-references to the reauthorization bill
10 pounds of excess; 6 and Present-law expenditure authority and
taxes are extended for an additional three in the Code provisions governing the Sport
3. An annual use tax imposed on highway
months, through September 30, 2012. Fish Restoration and Boating Trust Fund
vehicles having a taxable gross weight of
are also updated to include the conference
55,000 pounds or more.7 (The maximum rate
9 Sec. 9503. The Highway Trust Fund statutory pro- agreement bill. In general, the provision ex-
for this tax is $550 per year, imposed on vehi-
visions were placed in the Internal Revenue Code in tends the taxes dedicated to the Highway
cles having a taxable gross weight over 75,000
1982. Trust Fund at their present law rates
pounds.)
The taxable year for the annual use tax is
10 Sec. 9503(e)(1). through September 30, 2016, and for the
11 The authorizing Acts that currently are ref-
from July 1st through June 30th of the fol- heavy vehicle use tax, through September 30,
erenced in the Highway Trust Fund provisions of the 2017.15
lowing year. For the period July 1, 2013, Code are: the Highway Revenue Act of 1956; Titles I
through September 30, 2013, the amount of and II of the Surface Transportation Assistance Act Effective date.—The provision is effective
the annual use tax is reduced by 75 percent.8 of 1982; the Surface Transportation and Uniform Re- July 1, 2012.
location Act of 1987; the Intermodal Surface Trans-
portation Efficiency Act of 1991; the Transportation 13 The provision also replaces cross-references to
1 Except where otherwise stated, all section ref- Equity Act for the 21st Century, the Surface Trans-
erences are to the Internal Revenue Code of 1986, as portation Extension Act of 2003, the Surface Trans- the Surface Transportation Extension Act of 2011,
amended (the ‘‘Code’’). portation Extension Act of 2004; the Surface Trans- Part II, with MAP–21, and replaces April 1, 2012 ref-
2 This portion of the tax rates was enacted as a def- portation Extension Act of 2004, Part II; the Surface erences with October 1, 2013 in the Code provisions
icit reduction measure in 1993. Receipts from it were Transportation Extension Act of 2004, Part III; the governing the Leaking Underground Storage Tank
retained in the General Fund until 1997 legislation Surface Transportation Extension Act of 2004, Part Trust Fund, and the Sport Fish Restoration and
provided for their transfer to the Highway Trust IV; the Surface Transportation Extension Act of Boating Trust Fund.
14 The Leaking Underground Storage Tank Trust
Fund. 2004, Part V; the Safe, Accountable, Flexible, Effi-
3 Secs. 4081(a)(2)(A)(i), 4081(a)(2)(A)(iii), 4041(a)(2), cient Transportation Equity Act: A Legacy for Fund financing rate of 0.1 cent per gallon also is ex-
4041(a)(3), and 4041(m). Some of these fuels also are Users; the SAFETEA–LU Technical Corrections Act tended through September 30, 2015.
15 The Leaking Underground Storage Tank Trust
subject to an additional 0.1-cent-per-gallon excise of 2008; the Surface Transportation Extension Act of
tax to fund the Leaking Underground Storage Tank 2010; the Surface Transportation Extension Act of Fund financing rate also is extended through Sep-
Trust Fund (secs. 4041(d) and 4081(a)(2)(B)). 2010, Part II; the Surface Transportation Extension tember 30, 2016. The provision also corrects a poten-
5 Sec. 4051. Act of 2011; the Surface Transportation Extension tial drafting ambiguity regarding the taxable period
6 Sec. 4071. Act of 2011, Part II, and the Surface Transportation as reflected in prior legislation. The provision is ef-
7 Sec. 4481. Extension Act of 2012. fective as if included in section 142 of the Surface
8 Sec. 4482(c)(4) and (d). 12 Sec. 9503(b)(1). Transportation Extension Act of 2011, Part II.
PART II—REVENUE PROVISIONS SENATE AMENDMENT target normal cost. The plan’s funding tar-
A. Leaking Underground Storage Tank Trust The provision transfers $3 billion from the get for a plan year is the present value of all
Fund LUST Trust Fund to the Highway Trust benefits accrued or earned as of the begin-
Fund. The provision also provides that 0.033 ning of the plan year. A plan’s target normal
(secs. 40301 and 40302 of the Senate amend-
cent of the 0.1 cent LUST Trust Fund financ- cost for a plan year is generally the present
ment, sec. 40201 of the conference agree-
ing rate is dedicated to the Highway Trust value of benefits expected to accrue or to be
ment and secs. 9503 and 9508 of the Code)
Fund.19 earned during the plan year.
PRESENT LAW Effective date.—The provision is effective If the net value of plan assets is less than
Leaking Underground Storage Tank Trust Fund on the date of enactment. the plan’s funding target, so that the plan
financing rate CONFERENCE AGREEMENT has a funding shortfall (discussed further
Fuels of a type subject to other trust fund The conference agreement transfers $2.4 below), the minimum required contribution
excise taxes generally are subject to an add- billion from the LUST Trust Fund to the is the sum of the plan’s target normal cost
on excise tax of 0.1-cent-per-gallon to fund Highway Account of the Highway Trust and the shortfall amortization charge for the
the Leaking Underground Storage Tank Fund. plan year (determined as described below).24
(‘‘LUST’’) Trust Fund.16 For example, the The conference agreement does not include If the net value of plan assets is equal to or
LUST excise tax applies to gasoline, diesel the Senate amendment provision to transfer exceeds the plan’s funding target, the min-
fuel, kerosene, and most alternative fuels 0.033 cent of the 0.1 cent LUST Trust Fund fi- imum required contribution is the plan’s tar-
subject to highway and aviation fuels excise nancing rate to the Highway Trust Fund. get normal cost, reduced by the amount, if
taxes, and to fuels subject to the inland wa- Effective date.—The provision is effective any, by which the net value of plan assets
terways fuel excise tax. This excise tax is on the date of enactment. exceeds the plan’s funding target.
imposed on both uses and parties subject to B. Pension Funding Stabilization Shortfall amortization charge
the other taxes, and to situations (other (sec. 40312 of the Senate amendment, sec. The shortfall amortization charge for a
than export) in which the fuel otherwise is 40211 of the conference agreement, Code plan year is the sum of the annual shortfall
tax-exempt. For example, off-highway busi- sec. 430, and ERISA secs. 101(f) and 303) amortization installments attributable to
ness use of gasoline and off-highway use of PRESENT LAW the shortfall bases for that plan year and the
diesel fuel and kerosene generally are ex- Minimum funding rules six previous plan years. Generally, if a plan
empt from highway motor fuels excise tax. has a funding shortfall for the plan year, a
Defined benefit plans generally are subject
Similarly, States and local governments and shortfall amortization base must be estab-
to minimum funding rules that require the
certain other parties are exempt from such lished for the plan year.25 A plan’s funding
sponsoring employer generally to make a
tax. Nonetheless, all such uses and parties shortfall is the amount by which the plan’s
contribution for each plan year to fund plan
are subject to the 0.1-cent-per-gallon LUST funding target exceeds the net value of plan
benefits.20 Parallel rules apply under the Em-
excise tax. ployee Retirement Income Security Act of assets. The shortfall amortization base for a
Liquefied natural gas, compressed natural 1974 (‘‘ERISA’’), which is generally in the ju- plan year is: (1) the plan’s funding shortfall,
gas, and liquefied petroleum gas are exempt risdiction of the Department of Labor.21 The minus (2) the present value, determined
from the LUST tax. Additionally, methanol minimum funding rules for single-employer using the segment interest rates (discussed
and ethanol fuels produced from coal (includ- defined benefit plans were substantially re- below), of the aggregate total of the shortfall
ing peat) are taxed at a reduced rate of 0.05 vised by the Pension Protection Act of 2006 amortization installments that have been de-
cents per gallon. (‘‘PPA’’).22 termined for the plan year and any suc-
The LUST tax is scheduled to expire after ceeding plan year with respect to any short-
Minimum required contributions
June 30, 2012.17 fall amortization bases for the six previous
In general plan years. The shortfall amortization base
Overview of Leaking Underground Storage
Tank Trust Fund expenditure provisions The minimum required contribution for a is amortized in level annual installments
plan year for a single-employer defined ben- (‘‘shortfall amortization installments’’) over
Amounts in the LUST Trust Fund are
efit plan generally depends on a comparison a seven-year period beginning with the cur-
available, as provided in appropriations Acts,
of the value of the plan’s assets, reduced by rent plan year and using the segment inter-
for purposes of making expenditures to carry
any prefunding balance or funding standard est rates (discussed below).26
out sections 9003(h)–(j), 9004(f), 9005(c), and
carryover balance (‘‘net value of plan as- The shortfall amortization base for a plan
9010–9013 of the Solid Waste Disposal Act as
sets’’),23 with the plan’s funding target and year may be positive or negative, depending
in effect on the date of enactment of Public on whether the present value of remaining
Law 109–168. Any claim filed against the installments with respect to amortization
19 As noted above, the Leaking Underground Stor-
LUST Trust Fund may be paid only out of bases for previous years is more or less than
age Tank Trust Fund financing rate of 0.1 cent per
such fund, and the liability of the United the plan’s funding shortfall. If the shortfall
gallon is also extended through September 30, 2015.
States for claims is limited to the amount in 20 Sec. 412. A number of exceptions to the min-
amortization base is positive (that is, the
the fund. imum funding rules apply. For example, govern- funding shortfall exceeds the present value
The monies in the LUST Trust Fund are mental plans (within the meaning of section 414(d) of the remaining installments), the related
used to pay expenses incurred by the Envi- and church plans (within the meaning of section
shortfall amortization installments are posi-
ronmental Protection Agency (the ‘‘EPA’’) 414(e)) are generally not subject to the minimum
funding rules. Under section 4971, an excise tax ap- tive. If the shortfall amortization base is
and the States for preventing, detecting, and negative, the related shortfall amortization
plies to an employer maintaining a single-employer
cleaning up leaks from petroleum under- installments are negative. The positive and
plan if the minimum funding requirements are not
ground storage tanks, as well as programs to satisfied. negative shortfall amortization installments
evaluate the compatibility of fuel storage 21 Sec. 302 of ERISA.
for a particular plan year are netted when
tanks with alternative fuels, MTBE addi- 22 Pub. L. No. 109–280. The PPA minimum funding
adding them up in determining the shortfall
tives, and ethanol and biodiesel blends. rules for single-employer plans are generally effec-
The EPA makes grants to States to imple- tive for plan years beginning after December 31, 2007.
Delayed effective dates apply to single-employer 24 If the plan has obtained a waiver of the min-
ment the program, and States use cleanup
plans sponsored by certain large defense contrac- imum required contribution (a funding waiver) with-
funds primarily to oversee and enforce cor-
tors, multiple-employer plans of some rural coopera- in the past five years, the minimum required con-
rective actions by responsible parties. States tives, eligible charity plans, and single-employer tribution also includes the related waiver amortiza-
and EPA also use cleanup funds to conduct plans affected by settlement agreements with the tion charge, that is, the annual installment needed
corrective actions where no responsible Pension Benefit Guaranty Corporation. Subsequent to amortize the waived amount in level installments
party has been identified, where a respon- changes to the single-employer plan and multiem- over the five years following the year of the waiver.
ployer plan funding rules (including temporary fund- 25 If the value of plan assets, reduced only by any
sible party fails to comply with a cleanup
order, in the event of an emergency, and to ing relief) were made by the Worker, Retiree, and prefunding balance if the employer elects to apply
Employer Recovery Act of 2008 (‘‘WRERA’’), Pub. L. the prefunding balance against the required con-
take cost recovery actions against parties.
No. 110–458, and the Preservation of Access to Care tribution for the plan year, is at least equal to the
In 2005, Congress authorized the EPA and for Medicare Beneficiaries and Pension Relief Act of plan’s funding target, no shortfall amortization base
States to use trust fund monies for non- 2010 (‘‘PRA 2010’’), Public Law 111–192. is established for the year.
cleanup purposes as well, specifically for ad- 23 The value of plan assets is generally reduced by 26 Under PRA 2010, employers were permitted to
ministration and enforcement of the leak any prefunding balance or funding standard carry- elect to use one of two alternative extended amorti-
prevention requirements of the UST pro- over balance in determining minimum required con- zation schedules for up to two ‘‘eligible’’ plan years
gram.18 tributions, including for this purpose. A prefunding during the period 2008–2011. The use of an extended
balance results from contributions to a plan that ex- amortization schedule has the effect of reducing the
HOUSE BILL ceed the minimum required contributions. A funding amount of the shortfall amortization installments
No provision. standard carryover balance results from a positive attributable to the shortfall amortization base for
balance in the funding standard account that ap- the eligible plan year. However, the shortfall amor-
plied under the funding requirements in effect before tization installments attributable to an eligible plan
16 Secs. 4041, 4042, and 4081. PPA. Subject to certain conditions, a prefunding year may be increased by an additional amount, an
17 For Federal budget scorekeeping purposes, the balance or funding standard carryover balance may ‘‘installment acceleration amount,’’ in the case of
LUST Trust Fund tax, like other excise taxes dedi- be credited against the minimum required contribu- employee compensation exceeding $1 million, ex-
cated to trust funds, is assumed to be permanent. tion for a year, reducing the amount that must be traordinary dividends, or stock redemptions within
18 Pub. L. No. 109–58. contributed. a certain period of the eligible plan year.
amortization charge for the plan year, but target or target normal cost is an element, is limits to lump sums (and the certain other
the resulting shortfall amortization charge cross-referenced elsewhere. forms of benefit).
cannot be less than zero (i.e., negative amor- Funding target attainment percentage Limits apply to the amount of plan con-
tization installments may not offset normal tributions that may be deducted by an em-
A plan’s funding target attainment per-
cost). ployer.35 In the case of a single-employer de-
centage for a plan year is the ratio, ex-
If the net value of plan assets for a plan fined benefit plan, the plan’s funding target
pressed as a percentage, that the net value of
year is at least equal to the plan’s funding and target normal cost, determined using
plan assets bears to the plan’s funding target
target for the year, so the plan has no fund- the segment rates that apply for funding
for the year. Special rules may apply to a
ing shortfall, any shortfall amortization purposes, are taken into account in calcu-
plan if its funding target attainment per-
bases and related shortfall amortization in- lating the limit on deductible contributions.
centage is below a certain level. For exam-
stallments are eliminated.27 As indicated Subject to various conditions, a qualified
ple, funding target attainment percentage is
above, if the net value of plan assets exceeds transfer of excess assets of a single-employer
used to determine whether a plan is in ‘‘at-
the plan’s funding target, the excess is ap- defined benefit plan to a retiree medical ac-
risk’’ status, so that special actuarial as-
plied against target normal cost in deter- count within the plan may be made in order
sumptions (‘‘at-risk assumptions’’) must be
mining the minimum required contribution. to fund retiree health benefits.36 For this
used in determining the plan’s funding tar-
Interest rate used to determine target normal get and target normal cost.28 A plan is in at purpose, excess assets generally means the
cost and funding target risk status for a plan year if, for the pre- excess, if any, of the value of the plan’s as-
The minimum funding rules for single-em- ceding year: (1) the plan’s funding target at- sets over 125 percent of the sum of the plan’s
ployer plans specify the interest rates and tainment percentage, determined without refunding target and target normal cost for
other actuarial assumptions that must be gard to the at-risk assumptions, was less the plan year.
used in determining the present value of ben- than 80 percent, and (2) the plan’s funding PBGC premiums and 4010 reporting
efits for purposes of a plan’s target normal target attainment percentage, determined
PBGC premiums apply with respect to de-
cost and funding target. using the at-risk assumptions (without re-
fined benefit plans covered by ERISA.37 In
Present value is determined using three in- gard to whether the plan was in at-risk sta-
the case of a single-employer defined benefit
terest rates (‘‘segment’’ rates), each of which tus for the preceding year), was less than 70
plan, flat-rate premiums apply at a rate of
applies to benefit payments expected to be percent.29 In addition, special reporting to
$35.00 per participant for 2012.38 If a single-
made from the plan during a certain period. the Pension Benefit Guaranty Corporation
employer defined benefit plan has unfunded
The first segment rate applies to benefits (‘‘PBGC’’) may be required if a plan’s funding
vested benefits, variable-rate premiums also
reasonably determined to be payable during target attainment percentage is less than 80
apply at a rate of $9 per $1,000 of unfunded
the five-year period beginning on the first percent.30
vested benefits divided by the number of par-
day of the plan year; the second segment Restrictions on benefit increases, certain
ticipants. For purposes of determining vari-
rate applies to benefits reasonably deter- types of benefits and benefit accruals (collec-
able-rate premiums, unfunded vested bene-
mined to be payable during the 15-year pe- tively referred to as ‘‘benefit restrictions’’)
fits are equal to the excess (if any) of (1) the
riod following the initial five-year period; may apply to a plan if the plan’s adjusted
plan’s funding target for the year determined
and the third segment rate applies to bene- funding target attainment percentage is
as under the minimum funding rules, but
fits reasonably determined to be payable at below a certain level.31 Adjusted funding tar-
taking into account only vested benefits,
the end of the 15-year period. Each segment get attainment percentage is determined in
over (2) the fair market value of plan assets.
rate is a single interest rate determined the same way as funding target attainment
In determining the plan’s funding target for
monthly by the Secretary of the Treasury percentage, except that the net value of plan
this purpose, the interest rates used are seg-
(‘‘Secretary’’) on the basis of a corporate assets and the plan’s funding target are both
ment rates determined as under the min-
bond yield curve, taking into account only increased by the aggregate amount of pur-
imum funding rules, but determined on a
the portion of the yield curve based on cor- chases of annuities for employees, other than
monthly basis, rather than using a 24–month
porate bonds maturing during the particular highly compensated employees, made by the
average of corporate bond rates.
segment rate period. The corporate bond plan during the two preceding plan years. Al-
yield curve used for this purpose reflects the though anti-cutback rules generally prohibit In certain circumstances, the contributing
average, for the 24-month period ending with reductions in benefits that have already been sponsor of a single-employer plan defined
the preceding month, of yields on investment earned under a plan,32 reductions required to benefit pension plan covered by the PBGC
grade corporate bonds with varying matu- comply with the benefit restrictions are per- (and members of the contributing sponsor’s
rities and that are in the top three quality mitted. controlled group) must provide certain infor-
levels available. The Internal Revenue Serv- mation to the PBGC (referred to as ‘‘section
Minimum and maximum lump sums, limits on
ice (IRS) publishes the segment rates each 4010 reporting’’).39 This information includes
deductible contributions, retiree health
month. actuarial information with respect to single-
Defined benefit plans commonly allow a employer plans maintained by the contrib-
The present value of liabilities under a
participant to choose among various forms uting sponsor (and controlled group mem-
plan is determined using the segment rates
of benefit offered under the plan, such as a bers). Section 4010 reporting is required if: (1)
for the ‘‘applicable month’’ for the plan year.
lump-sum distribution. These optional forms the funding target attainment percentage at
The applicable month is the month that in-
of benefit generally must be actuarially the end of the preceding plan year of a plan
cludes the plan’s valuation date for the plan
equivalent to the life annuity benefit pay- maintained by the contributing sponsor or
year, or, at the election of the employer, any
able to the participant at normal retirement any member of its controlled group is less
of the four months preceding the month that
age. For certain forms of benefit, such as than 80 percent; (2) the conditions for impo-
includes the valuation date.
lump sums, the benefit amount cannot be sition of a lien (i.e., required contributions
Solely for purposes of determining min-
less than the amount determined using the totaling more than $1 million have not been
imum required contributions, in lieu of the
segment rates and a specified mortality made) have occurred with respect to a plan
segment rates described above, an employer
table.33 For this purpose, however, the seg- maintained by the contributing sponsor or
may elect to use interest rates on a yield
ment rates are determined on a monthly any member of its controlled group; or (3)
curve based on the yields on investment
basis, rather than using a 24-month average minimum funding waivers in excess of $1
grade corporate bonds for the month pre-
of corporate bond rates. million have been granted with respect to a
ceding the month in which the plan year be-
The amount of benefits under a defined plan maintained by the contributing sponsor
gins (i.e., without regard to the 24-month
benefit plan are subject to certain limits.34 or any member of its controlled group and
averaging described above) (‘‘monthly yield
The segment rates used in determining min- any portion of the waived amount is still
curve’’). If an election to use a monthly yield
imum lump sums (and certain other forms of outstanding.
curve is made, it cannot be revoked without
benefit) are also used in applying the benefit
IRS approval. Annual funding notice
Use of segment rates for other purposes 28 If The plan administrator of a defined benefit
a plan is in at-risk status, under section
In general 409A(b)(3), limitations apply on the employer’s abil- plan must provide an annual funding notice
In addition to being used to determine a ity to set aside assets to provide benefits under a to: (1) each participant and beneficiary; (2)
nonqualified deferred compensation plan. each labor organization representing such
plan’s funding target and target normal cost, 29 A similar test applies in order for an employer to
the segment rates are used also for other be permitted to apply a prefunding balance against
purposes, either directly because the seg- its required contribution, that is, for the preceding 35 Sec. 404.
ment rates themselves are specifically cross- year, the ratio of the value of plan assets (reduced 36 Sec. 420. Under present law, a qualified transfer
referenced or indirectly because funding tar- by any prefunding balance) must be at least 80 per- is not permitted after December 31, 2013.
get, target normal cost, or some other con- cent of the plan’s funding target (determined with- 37 ERISA sec. 4006.
out regard to the at-risk rules). 38 Flat-rate premiums apply also to multiemployer
cept, such as funding target attainment per-
30 ERISA sec. 4010. defined benefit plans at a rate of $9.00 per partici-
centage (discussed below) in which funding 31 Code sec. 436 and ERISA sec. 206(g). pant. Single-employer and multiemployer flat-rate
32 Code sec. 411(d)(6) and ERISA sec. 204(g). premium rates are indexed for inflation. The rate of
27 Any amortization base relating to a funding 33 Code sec. 417(e) and ERISA sec. 205(g). variable-rate premiums is not indexed.
waiver for a previous year is also eliminated. 34 Sec. 415(b). 39 ERISA sec. 4010.
participants or beneficiaries; and (4) the the first segment rates determined under the Annual funding notice
PBGC.40 regular rules for the 25-year period ending The conference agreement requires addi-
In addition to the information required to September 30, 2011, the segment rate is ad- tional information to be included in the an-
be provided in all funding notices, certain in- justed to 90 percent of the 25-year average. nual funding notice in the case of an applica-
formation must be provided in the case of a The change in the method of determining ble plan year. For this purpose, an applicable
single-employer defined benefit plan, includ- segment rates generally applies for the pur- plan year is any plan year beginning after
ing: poses for which segment rates are used under December 31, 2011, and before January 1, 2015,
a statement as to whether the plan’s fund- present law, except for purposes of deter- for which (1) the plan’s funding target, deter-
ing target attainment percentage (as defined mining minimum and maximum lump-sum mined using segment rates as adjusted to re-
under the minimum funding rules) for the benefits,41 limits on deductible contributions flect average segment rates (‘‘adjusted’’ seg-
plan year to which the notice relates and the to single-employer defined benefit plans, and ment rates), is less than 95 percent of the
two preceding plan years, is at least 100 per- PBGC variable-rate premiums. funding target determined without regard to
cent (and, if not, the actual percentages); Effective date.—The provision in the Senate adjusted segment rates (that is, determined
and Amendment is generally effective for plan as under present law), (2) the plan has a
a statement of (a) the total assets (sepa- years beginning after December 31, 2011. funding shortfall, determined without regard
rately stating any funding standard carry- Under a special rule, an employer may elect, to adjusted segment rates, greater than
over or prefunding balance) and the plan’s li- for any plan year beginning on or before the $500,000 and (3) the plan had 50 or more par-
abilities for the plan year and the two pre- date of enactment and solely for purposes of ticipants on any day during the preceding
ceding years, determined in the same man- determining the plan’s adjusted funding tar- plan year.
ner as under the funding rules, and (b) the get attainment percentage (used in applying The additional information that must be
value of the plan’s assets and liabilities as of the benefit restrictions) for that year, not to provided is:
the last day of the plan year to which the no- have the provision apply. A plan is not treat-
tice relates, determined using fair market a statement that MAP–21 modified the
ed as failing to meet the requirements of the method for determining the interest rates
value and the interest rate used in deter- anti-cutback rules solely by reason of an
mining variable rate premiums. used to determine the actuarial value of ben-
election under the special rule. efits earned under the plan, providing for a
A funding notice may also include any ad-
CONFERENCE AGREEMENT 25-year average of interest rates to be taken
ditional information that the plan adminis-
trator elects to include to the extent not in- The conference agreement follows the Sen- into account in addition to a 2-year average;
consistent with regulations. The notice must ate amendment with several modifications. a statement that, as a result of MAP–21,
be written so as to be understood by the av- Average segment rates the plan sponsor may contribute less money
erage plan participant. As required under to the plan when interest rates are at histor-
The change in the method of determining ical lows, and
PPA, the Secretary of Labor has issued a segment rates generally applies for the pur-
model funding notice that can be used to sat- a table showing, for the applicable plan
poses for which segment rates are used under
isfy the notice requirement. year and each of the two preceding plan
present law, except for purposes of minimum
years, the plan’s funding target attainment
HOUSE BILL and maximum lump-sum benefits,42 limits on
percentage, funding shortfall, and the em-
No provision. deductible contributions to single-employer
ployer’s minimum required contribution,
SENATE AMENDMENT defined benefit plans, qualified transfers of
each determined both using adjusted seg-
excess pension assets to retiree medical ac-
The Senate amendment revises the rules ment rates and without regard to adjusted
counts,43 PBGC variable-rate premiums,44
for determining the segment rates under the segment rates (that is, as under present law).
and 4010 reporting to the PBGC.
single-employer plan funding rules by ad- In the case of a preceding plan year begin-
The special effective date rule is modified
justing a segment rate if the rate determined ning before January 1, 2012, the plan’s fund-
under the conference agreement so that an
under the regular rules is outside a specified ing target attainment percentage, funding
employer may elect, for any plan year begin-
range of the average of the segment rates for shortfall, and the employer’s minimum re-
ning before January 1, 2013, not to have the
the preceding 25-year period (‘‘average’’ seg- quired contribution provided are determined
provision apply either (1) for all purposes for
ment rates). In particular, if a segment rate only without regard to adjusted segment
which the provision would otherwise apply,
determined for an applicable month under rates (that is, as under present law).
or (2) solely for purposes of determining the
the regular rules is less than the applicable As under present law, a funding notice may
plan’s adjusted funding target attainment
minimum percentage, the segment rate is also include any additional information that
percentage (used in applying the benefit re-
adjusted upward to match that percentage. If the plan administrator elects to include to
strictions) for that year. A plan is not treat-
a segment rate determined for an applicable the extent not inconsistent with regulations.
ed as failing to meet the requirements of the
month under the regular rules is more than For example, a funding notice may include a
anti-cutback rules solely by reason of an
the applicable maximum percentage, the seg- statement of the amount of the employer’s
election under the special rule.
ment rate is adjusted downward to match actual or planned contributions to the plan.
Under the conference agreement, if, as of
that percentage. For this purpose, the aver- The Secretary of Labor is directed to mod-
the date of enactment, an employer election
age segment rate is the average of the seg- ify the model funding notice required so that
is in effect to use a monthly yield curve in
ment rates determined under the regular the model includes the additional informa-
determining minimum required contribu-
rules for the 25-year period ending Sep- tion in a prominent manner, for example, on
tions, rather than segment rates, the em-
tember 30 of the calendar year preceding the a separate first page before the remainder of
ployer may revoke the election (and use seg-
calendar year in which the plan year begins. the notice.
ment rates, as modified by the conference
The Secretary is to determine average seg- C. Transfer of Excess Pension Assets
agreement provision) without obtaining IRS
ment rates on an annual basis and may pre-
approval. The revocation must be made at (secs. 40310 and 40311 of the Senate amend-
scribe equivalent rates for any years in the
any time before the date that is one year ment, secs. 40241 and 40242 of the con-
25-year period for which segment rates deter-
after the date of enactment, and the revoca- ference agreement, and sec. 420 of the
mined under the regular rules are not avail-
tion will be effective for the first plan year Code)
able. The Secretary is directed to publish the
to which the amendments made by the provi- PRESENT LAW
average segment rates each month.
The applicable minimum percentage and sion apply and all subsequent plan years.
The employer is not precluded from making Defined benefit pension plan reversions
the applicable maximum percentage depend
a subsequent election to use a monthly yield Defined benefit plan assets generally may
on the calendar year in which the plan year
curve in determining minimum required con- not revert to an employer prior to termi-
begins as shown by the following table:
tributions in accordance with present law. nation of the plan and satisfaction of all plan
The applicable The applicable liabilities.45 Upon plan termination, the ac-
If the calendar year is: minimum maximum 41 The provision does not provide a specific excep- crued benefits of all plan participants are re-
percentage is: percentage is: quired to be 100-percent vested. A reversion
tion for determining maximum lump sum benefits.
2012 ............................. 90 percent ................... 110 percent However, the exception for minimum lump sum ben- prior to plan termination may constitute a
2013 ............................. 85 percent ................... 115 percent efits applies by cross-reference. prohibited transaction and may result in
2014 ............................. 80 percent ................... 120 percent 42 The provision does not provide a specific excep-
plan disqualification. Any assets that revert
2015 ............................. 75 percent ................... 125 percent tion for determining maximum lump sum benefits.
2016 or later ............... 70 percent ................... 130 percent to the employer upon plan termination are
However, the exception for minimum lump sum ben-
includible in the gross income of the em-
efits applies by cross-reference.
Thus, for example, if the first segment rate 43 Another provision of the conference agreement ployer and subject to an excise tax. The ex-
determined for an applicable month under extends to December 31, 2021, the ability to make a cise tax rate is 20 percent if the employer
the regular rules for a plan year beginning in qualified transfer. In addition, another provision of maintains a replacement plan or makes cer-
2012 is less than 90 percent of the average of the conference agreement allows qualified transfers tain benefit increases in connection with the
to be made to provide group-term life insurance ben- termination; if not, the excise tax rate is 50
efits.
40 ERISA sec. 101(f). In the case of a multiemployer 44 Another provision of the conference agreement
plan, the notice must also be sent to each employer increases PBGC flat-rate and variable-rate pre- 45 In addition, a reversion may occur only if the
that has an obligation to contribute under the plan; miums. terms of the plan so provide.
percent. Medical benefits and life insurance plan generally must be 100-percent vested as includible in gross income under a discrimi-
benefits provided under a pension plan if the plan terminated immediately before natory group-term life insurance plan.
Retiree medical accounts the transfer (or in the case of a participant A pension plan may provide life insurance
A pension plan may provide medical bene- who separated in the one-year period ending benefits for employees (including retirees)
fits to retired employees through a separate on the date of the transfer, immediately be- but only to the extent that the benefits are
account that is part of a defined benefit plan fore the separation). incidental to the retirement benefits pro-
In order for a transfer to be qualified, there vided under the plan.55 The cost of term life
(‘‘retiree medical accounts’’).46 Medical bene-
is maintenance of effort requirement under insurance provided through a pension plan is
fits provided through a retiree medical ac-
which, the employer generally must main- includible in the employee’s gross income.56
count are generally not includible in the re-
tired employee’s gross income.47 tain retiree health benefits at the same level HOUSE BILL
Transfers of excess pension assets for the taxable year of the transfer and the No provision.
following four years. SENATE AMENDMENT
In general In addition, the Employee Retirement In-
A qualified transfer of excess assets of a Extension of existing provisions
come Security Act of 1974 (‘‘ERISA’’)51 pro-
defined benefit plan, including a multiem- The provision allows qualified transfers,
vides that, at least 60 days before the date of
ployer plan,48 to a retiree medical account qualified future transfers, and collectively
a qualified transfer, the employer must no-
within the plan may be made in order to bargained transfers to retiree medical ac-
tify the Secretary of Labor, the Secretary of
fund retiree health benefits.49 A qualified counts to be made through December 31,
the Treasury, employee representatives, and
transfer does not result in plan disqualifica- 2021. No transfers are permitted after that
the plan administrator of the transfer, and
tion, is not a prohibited transaction, and is date.
the plan administrator must notify each
not treated as a reversion. Thus, transferred plan participant and beneficiary of the trans- Transfers to fund retiree group-term life insur-
assets are not includible in the gross income fer.52 ance permitted
of the employer and are not subject to the The provision allows qualified transfers,
Qualified future transfers and collectively
excise tax on reversions. No more than one qualified future transfers, and collectively
bargained transfers
qualified transfer may be made in any tax- bargained transfers to be made to fund the
able year. No qualified transfer may be made If certain requirements are satisfied, trans- purchase of retiree group-term life insur-
after December 31, 2013. fers of excess pension assets under a single- ance. The assets transferred for the purchase
Excess assets generally means the excess, employer plan to retiree medical accounts to of group-term life insurance must be main-
if any, of the value of the plan’s assets 50 over fund the expected cost of retiree medical tained in a separate account within the plan
125 percent of the sum of the plan’s funding benefits are permitted for the current and fu- (‘‘retiree life insurance account’’), which
target and target normal cost for the plan ture years (a ‘‘qualified future transfer’’) and must be separate both from the assets in the
year. In addition, excess assets transferred in such transfers are also allowed in the case of retiree medical account and from the other
a qualified transfer may not exceed the benefits provided under a collective bar- assets in the defined benefit plan.
amount reasonably estimated to be the gaining agreement (a ‘‘collectively bargained Under the provision, the general rule that
amount that the employer will pay out of transfer’’).53 Transfers must be made for at the cost of group-term life insurance cov-
such account during the taxable year of the least a two-year period. An employer can erage provided under a defined benefit plan
transfer for qualified current retiree health elect to make a qualified future transfer or a is includable in gross income of the partici-
liabilities. No deduction is allowed to the collectively bargained transfer rather than a pant does not apply to group-term life insur-
employer for (1) a qualified transfer, or (2) qualified transfer. A qualified future transfer ance provided through a retiree life insur-
the payment of qualified current retiree or collectively bargained transfer must meet ance account. Instead, the general rule for
health liabilities out of transferred funds the requirements applicable to qualified determining the amount of employer-pro-
(and any income thereon). In addition, no de- transfers, except that the provision modifies vided group-term life insurance that is in-
duction is allowed for amounts paid other the rules relating to: (1) the determination of cludible in gross income applies. However,
than from transferred funds for qualified cur- excess pension assets; (2) the limitation on group-term life insurance coverage is per-
rent retiree health liabilities to the extent the amount transferred; and (3) the mainte- mitted to be provided through a retiree life
such amounts are not greater than the ex- nance of effort requirement. The general insurance account only to the extent that it
cess of (1) the amount transferred (and any sunset applicable to qualified transfer ap- is not includible in gross income. Thus, gen-
income thereon), over (2) qualified current plies (i.e., no transfers can be made after De- erally, only group-term life insurance not in
retiree health liabilities paid out of trans- cember 31, 2013). excess of $50,000 may be purchased with such
ferred assets (and any income thereon). An Qualified future transfers and collectively transferred assets.
bargained transfers can be made to the ex- Generally, the present law rules for trans-
employer may not contribute any amount to
tent that plan assets exceed 120 percent of fers of excess pension assets to retiree med-
a health benefits account or welfare benefit
the sum of the plan’s funding target and the ical accounts to fund retiree health benefits
fund with respect to qualified current retiree
normal cost for the plan year. During the also apply to transfers to retiree life insur-
health liabilities for which transferred assets
transfer period, the plan’s funded status ance accounts to fund retiree group-term
are required to be used.
Transferred assets (and any income there- must be maintained at the minimum level life. However, generally, the rules are ap-
on) must be used to pay qualified current re- required to make transfers. If the minimum plied separately. Thus, for example, the one-
tiree health liabilities for the taxable year of level is not maintained, the employer must transfer-a-year rule generally applies sepa-
the transfer. Transferred amounts generally make contributions to the plan to meet the rately to transfers to retiree life insurance
must benefit pension plan participants, other minimum level or an amount required to accounts and transfers to retiree medical ac-
than key employees, who are entitled upon meet the minimum level must be transferred counts. Further, the maintenance of effort
retirement to receive retiree medical bene- from the health benefits account. The trans- requirement for qualified transfers applies
fits through the separate account. Retiree fer period is the period not to exceed a total separately to life insurance benefits and
health benefits of key employees may not be of ten consecutive taxable years beginning health benefits. Similarly, for qualified fu-
paid out of transferred assets. with the taxable year of the transfer. As pre- ture transfers and collectively bargained
Amounts not used to pay qualified current viously discussed, the period must be not transfers for retiree group-term life insur-
retiree health liabilities for the taxable year less than two consecutive years. ance, the maintenance of effort and other
of the transfer are to be returned to the gen- special rules are applied separately to trans-
Employer provided group-term life insurance
eral assets of the plan. These amounts are fers to retiree life insurance accounts and re-
Group-term life insurance coverage pro- tiree medical accounts.
not includible in the gross income of the em-
vided under a policy carried by an employer Reflecting the inherent differences be-
ployer, but are treated as an employer rever-
is includible in the gross income of an em- tween life insurance coverage and health
sion and are subject to a 20-percent excise
ployee (including a former employee) but coverage, certain rules are not applied to
tax.
only to the extent that the cost exceeds the transfers to retiree life insurance accounts,
In order for the transfer to be qualified, ac-
sum of the cost of $50,000 of such insurance such as the special rules allowing the em-
crued retirement benefits under the pension
plus the amount, if any, paid by the employer to elect to determine the applicable
ployee toward the purchase of such insur- employer cost for health coverage during the
46 Sec 401(h) and Treas. Reg. sec. 1.401–1(b).
47 Treas.
ance.54 Special rules apply for determining cost maintenance period separately for retir-
Reg. sec. 1.72–15(h).
48 The
the cost of group-term life insurance that is ees eligible for Medicare and retirees not eli-
Pension Protection Act of 2006 (‘‘PPA’’),
Pub. L. No. 109–280, extended the application of the gible for Medicare. However, a separate test
rules for qualified transfers to multiemployer plans 51 Pub. L. No. 93–406. is allowed for the cost of retiree group-term
with respect to transfers made in taxable years be- 52 ERISA sec. 101(e). ERISA also provides that a
life insurance for retirees under age 65 and
ginning after December 31, 2006. However, the rules qualified transfer is not a prohibited transaction those retirees who have reached age 65.
for qualified future transfers and collectively bar- under ERISA or a prohibited reversion. The provision makes other technical and
gained transfers do not apply to multiemployer 53 The rules for qualified transfers and collectively
conforming changes to the rules for transfers
plans. bargained transfers were added by the PPA and
49 Sec. 420. apply to transfers after the date of enactment (Au-
50 The value of plan assets for this purpose is the gust 17, 2006). 55 Treas. Reg. sec. 1.401–1(b).
lesser of fair market value or actuarial value. 54 Sec. 79. 56 Secs. 72(m)(3) and 79(b)(3).
to fund retiree health benefits and removes that out of money in the Treasury not other- Chewing tobacco is taxed at the rate of
certain obsolete (‘‘deadwood’’) rules. wise appropriated, $7 billion was appro- 50.33 cents per pound, and proportionately at
The same sunset applicable to qualified priated to the Highway Trust Fund effective that rate on all fractional parts of a pound;
transfers, qualified future transfers, and col- August 7, 2009. The Hiring Incentives to Re- Pipe tobacco is taxed at the rate of $2.8311
lectively bargained transfers to retiree med- store Employment Act (the ‘‘HIRE Act’’) per pound, and proportionately at that rate
ical accounts applies to transfers to retiree provided that out of money in the Treasury on all fractional parts of a pound; and
life insurance accounts (i.e., no transfers can not otherwise appropriated, $14,700,000,000 is Roll-your-own tobacco is taxed at the rate
be made after December 31, 2021). appropriated to the Highway Trust Fund and of $24.78 per pound, and proportionately at
Effective date.—The provision applies to $4,800,000,000 is appropriated to the Mass that rate on all fractional parts of a pound.
transfers made after the date of enactment. Transit Account in the Highway Trust Fund. In general, the excise tax on tobacco prod-
CONFERENCE AGREEMENT HOUSE BILL ucts and cigarette papers and tubes manufac-
No provision. tured in the United States comes into exist-
The conference agreement includes the
SENATE AMENDMENT
ence when the products are manufactured
Senate amendment provision.
and is determined and payable when the to-
D. Exception from Early Distribution Tax The provision provides that out of money
bacco products or cigarette papers and tubes
for Annuities Under Phased Retirement in the Treasury not otherwise appropriated,
are removed from the bonded premises of the
Program the following transfers are to be made from
manufacturer. ‘‘Tobacco products’’ means ci-
the General Fund to the Highway Trust
(sec. 100111 of conference agreement and sec. gars, cigarettes, smokeless tobacco (snuff
Fund: $2,183 million in FY 2012, $2,277 million
72(t) of the Code) and chewing tobacco), pipe tobacco, and roll
in FY 2013, and $510 million in FY 2014.
PRESENT LAW Effective date.—The provision is effective your own tobacco. Processed tobacco is regu-
on the date of enactment. lated under the internal revenue laws but no
The Code imposes an early distribution tax excise tax is imposed. Tobacco products and
on distributions made from qualified retire- CONFERENCE AGREEMENT
cigarette papers and tubes may be exported
ment plans before an employee attains age The conference agreement provides that from the United States without payment of
591⁄2.57 The tax is equal to 10 percent of the out of money in the Treasury not otherwise tax.
amount of the distribution that is includible appropriated, the following transfers are to Manufacturers and importers of tobacco
in gross income. The 10–percent tax is in ad- be made from the General Fund to the High- products or processed tobacco are subject to
dition to the taxes that would otherwise be way Trust Fund: certain permitting, bonding, reporting, and
due on distribution. Certain exceptions to record keeping requirements. ‘‘Manufacturer
the early distribution tax apply including an FY 2013 FY 2014
of tobacco products’’ means any person who
exception for distributions after separation Highway Account ....................................... $6.2 billion $10.4 billion manufactures cigars, cigarettes, smokeless
from service with the employer after attain- Mass Transit Account ............................... ........................ $2.2 billion tobacco, pipe tobacco, or roll-your-own to-
ing age 55, or in the form of substantially bacco. There is an exception for a person who
equal periodic payments from the qualified Effective date.—The provision is effective produces these products for their own per-
retirement plan commencing after separa- on the date of enactment. sonal consumption or use.
tion from service at any age. However, there F. Expand the Definition of a Tobacco
HOUSE BILL
is no exception for annuity payments that Manufacturer to Include Businesses Making
Available Roll-Your-Own Cigarette Machines No provision.
commence before separating from service
with the employer. for Consumer Use SENATE AMENDMENT
(sec. 100116 of the Senate amendment, sec- The provision amends the definition of
HOUSE BILL
tion 100112 of the conference agreement, manufacturer of tobacco products to include
No provision. and sec. 5702(d) of the Code) any person who for commercial purposes
SENATE AMENDMENT PRESENT LAW makes available machines capable of making
No provision. Tobacco products and cigarette papers and tobacco products for consumer use. This in-
CONFERENCE AGREEMENT tubes manufactured in the United States or cludes making a machine available for con-
imported into the United States are subject sumers to produce tobacco products for per-
The Senate amendment and the Conference sonal consumption or use. The addition of
agreement include a new Federal Phased Re- to Federal excise tax at the following
rates: 59 this provision is not intended to change the
tirement Program under which a Federal treatment of such machines under present
Cigars weighing not more than three
agency may allow a full-time retirement eli- law, or to make taxable the sale, at retail,
pounds per thousand (‘‘small cigars’’) are
gible employee to elect to enter phased re- for a consumer’s personal home use, a ma-
taxed at the rate of $50.33 per thousand;
tirement status in accordance with regula- chine designed to produce tobacco only in
Cigars weighing more than three pounds
tions issued by the Office of Personnel Man- personal use quantities, where the machine
per thousand (‘‘large cigars’’) are taxed at
agement (OPM).58 During that status, gen- is not used on the retail premises.
the rate equal to 52.75 percent of the manu-
erally, the employee’s work schedule is a For purposes of imposing the tax liability,
facturer’s or importer’s sales price but not
percentage of a full time work schedule, and the person making the machine available for
more than 40.26 cents per cigar;
the employee receives a phased retirement consumer use is deemed to be the person
Cigarettes weighing not more than three
annuity. At full-time retirement, the phased making the removal with respect to any to-
pounds per thousand (‘‘small cigarettes’’) are
retiree is entitled to a composite retirement bacco products manufactured by the ma-
taxed at the rate of $50.33 per thousand
annuity that also includes the portion of the ($1.0066 per pack); chine.
employee’s retirement annuity attributable Cigarettes weighing more than three Effective date.—The provision is effective
to the reduced work schedule. The Con- pounds per thousand (‘‘large cigarettes’’) are for articles removed after the date of enact-
ference agreement includes an exception to taxed at the rate of $105.69 per thousand, ex- ment.
the early distribution tax for payments cept that, if they measure more than six and CONFERENCE AGREEMENT
under a phased retirement annuity and a one-half inches in length, they are taxed at The conference agreement includes the
composite retirement annuity received by an the rate applicable to small cigarettes, Senate amendment with the following modi-
employee participating in this new Federal counting each two and three-quarter inches fication. The provision is modified to clarify
Phased Retirement Program. (or fraction thereof) of the length of each as that a person who sells a machine directly to
Effective date.—The provision is effective one cigarette; a consumer at retail for the consumer’s per-
on the effective date of implementing regula- Cigarette papers are taxed at the rate of sonal home use is not a manufacturer of to-
tions issued by OPM implementing the Fed- 3.15 cents for each 50 papers or fractional bacco products under the provision if the
eral Phased Retirement Program. part thereof, except that, if they measure machine is not used at a retail establishment
E. Additional Transfers to the Highway more than six and one-half inches in length, and is designed to produce only personal use
Trust Fund they are taxable by counting each two and quantities.
(sec. 40313 of the Senate amendment, sec. three-quarter inches (or fraction thereof) of PART III—OTHER ITEMS
40251 of the conference agreement, and sec. the length of each as one cigarette paper;
A. Small Issuer Exception to Tax-Exempt In-
9503 of the Code) Cigarette tubes are taxed at the rate of 6.30
terest Expense Allocation Rules for Finan-
cents for each 50 tubes or fractional part

PRESENT LAW cial Institutions
thereof, except that, if they measure more
Public Law No. 111–46, an Act to restore than six and one-half inches in length, they (sec. 40201 of the Senate amendment and sec.
funds to the Highway Trust Fund, provided are taxable by counting each two and three- 265 of the Code)
quarter inches (or fraction thereof) of the PRESENT LAW
57 Sec. 72(t). The early distribution tax also applies length of each as one cigarette tube; Present law disallows a deduction for in-
to distributions from section 403(b) plans and IRAs Snuff is taxed at the rate of $1.51 per terest on indebtedness incurred or continued
but does not apply to distributions from govern- pound, and proportionately at that rate on to purchase or carry obligations the interest
mental section 457(b) plans. all fractional parts of a pound; on which is exempt from tax.60 In general, an
58 See the explanation for section 100111 of the Con-
ference agreement for a description of the new Fed-

eral Phased Retirement Program. 59 Sec. 5701. 60 Sec. 265(a).
interest deduction is disallowed only if the In addition, in the case of a ‘‘qualified fi- the case of a corporation, an adjustment
taxpayer has a purpose of using borrowed nancing issue’’ issued in 2009 or 2010, the spe- based on current earnings is determined, in
funds to purchase or carry tax-exempt obli- cial rules applied the $30 million annual vol- part, by taking into account 75 percent of
gations; a determination of the taxpayer’s ume limitation at the borrower level (rather certain items, including tax-exempt interest,
purpose in borrowing funds is made based on than at the level of the pooled financing excluded from taxable income but included
all of the facts and circumstances.61 issuer). Thus, for the purpose of applying the in the corporation’s earnings and profits.69
Financial institutions requirements of the section 265(b)(3) quali- The American Recovery and Reinvestment
fied small issuer exception, the portion of Act of 2009 (‘‘2009 Act’’) provided that tax-ex-
In the case of a financial institution, the
the proceeds of a qualified financing issue empt interest on private activity bonds
Code generally disallows that portion of the that are loaned to a ‘‘qualified borrower’’ issued in 2009 and 2010 is not an item of tax
taxpayer’s interest expense that is allocable that participates in the issue were treated as preference for purposes of the AMTI and in-
to tax-exempt interest.62 The amount of in- a separate issue with respect to which the terest on tax exempt bonds issued in 2009 and
terest that is disallowed is an amount which qualified borrower is deemed to be the issuer. 2010 is not included in the corporate adjust-
bears the same ratio to such interest expense A ‘‘qualified financing issue’’ was any comment based on current earnings.
as the taxpayer’s average adjusted bases of posite, pooled, or other conduit financing For these purposes, a refunding bond gen-
tax-exempt obligations acquired after Au- issue the proceeds of which were used di- erally is treated as issued on the date of the
gust 7, 1986, bears to the average adjusted rectly or indirectly to make or finance loans issuance of the refunded bond (or in the case
bases for all assets of the taxpayer. to one or more ultimate borrowers all of of a series of refundings, the original bond).
Exception for certain obligations of qualified whom are qualified borrowers. A ‘‘qualified However, the 2009 Act provided that tax-ex-
small issuers borrower’’ meant (1) a State or political sub- empt interest on bonds issued in 2009 and 2010
The general rule in section 265(b), denying division of a State or (2) an organization de- to currently refund a bond issued after De-
financial institutions’ interest expense described in section 501(c)(3) and exempt from cember 31, 2003, and before January 1, 2009, is
ductions allocable to tax-exempt obligations, tax under section 501(a). Thus, for example, a not an item of tax preference for purposes of
does not apply to ‘‘qualified tax-exempt obli- $100 million pooled financing issue that was the AMT and is not included in the corporate
gations.’’ 63 Instead, as discussed in the next issued in 2009 would qualify for the section adjustment based on current earnings.
section, only 20 percent of the interest ex- 265(b)(3) exception if the proceeds of such HOUSE BILL
pense allocable to ‘‘qualified tax-exempt ob- issue were used to make four equal loans of
$25 million to four qualified borrowers. How- No provision.
ligations’’ is disallowed.64 A ‘‘qualified tax-
exempt obligation’’ is a tax-exempt obliga- ever, if (1) more than $30 million were loaned SENATE AMENDMENT
tion that is (1) issued after August 7, 1986, by to any qualified borrower, (2) any borrower The provision provides that tax-exempt in-
a qualified small issuer, (2) not a private ac- were not a qualified borrower, or (3) any bor- terest on private activity bonds issued after
tivity bond, and (3) designated by the issuer rower would, if it were the issuer of a sepa- the date of enactment and before January 1,
as qualifying for the exception from the gen- rate issue in an amount equal to the amount 2013, is not an item of tax preference for pur-
eral rule of section 265(b). loaned to such borrower, fail to meet any of poses of the AMT and interest on tax exempt
A ‘‘qualified small issuer’’ is an issuer that the other requirements of section 265(b)(3), bonds issued during this period is not in-
reasonably anticipates that the amount of the entire $100 million pooled financing issue cluded in the corporate adjustment based on
tax-exempt obligations that it will issue dur- failed to qualify for the exception. current earnings. For these purposes, a re-
ing the calendar year will be $10 million or For purposes of determining whether an funding bond is treated as issued on the date
less.65 The Code specifies the circumstances issuer meets the requirements of the small of the issuance of the refunded bond (or in
under which an issuer and all subordinate issuer exception, under the special rules, the case of a series of refundings, the origi-
entities are aggregated.66 For purposes of the qualified 501(c)(3) bonds issued in 2009 or 2010 nal bond).
$10 million limitation, an issuer and all enti- were treated as if they were issued by the Effective date.—The provision applies to in-
ties that issue obligations on behalf of such 501(c)(3) organization for whose benefit they terest on bonds issued after the date of en-
issuer are treated as one issuer. All obliga- were issued (and not by the actual issuer of actment.
tions issued by a subordinate entity are such bonds). In addition, in the case of an or- CONFERENCE AGREEMENT
treated as being issued by the entity to ganization described in section 501(c)(3) and
exempt from taxation under section 501(a), The conference agreement does not include
which it is subordinate. An entity formed (or the Senate amendment provision.
availed of) to avoid the $10 million limita- requirements for ‘‘qualified financing issues’’
tion and all entities benefiting from the de- were applied as if the section 501(c)(3) organi- C. Issuance of TRIP Bonds by State Infra-
vice are treated as one issuer. zation were the issuer. Thus, in any event, structure Banks (sec. 40203 of the Senate
Composite issues (i.e., combined issues of an organization described in section 501(c)(3) amendment)
bonds for different entities) qualify for the and exempt from taxation under section PRESENT LAW
‘‘qualified tax-exempt obligation’’ exception 501(a) was limited to the $30 million per There are no Code provisions for the
only if the requirements of the exception are issuer cap for qualified tax exempt obliga- issuance of transportation and regional in-
met with respect to (1) the composite issue tions described in section 265(b)(3). frastructure project (‘‘TRIP’’) bonds.
as a whole (determined by treating the com- HOUSE BILL
HOUSE BILL
posite issue as a single issue) and (2) each No provision.
separate lot of obligations that is part of the No provision.
SENATE AMENDMENT
issue (determined by treating each separate SENATE AMENDMENT
The provision extends the special rules
lot of obligations as a separate issue).67 Thus providing modifications to the qualified The provision amends Title 23 to provide
a composite issue may qualify for the excep- that a State, through a State infrastructure
small issuer exception to bonds issued after
tion only if the composite issue itself does bank, may issue TRIP bonds and deposit the
June 30, 2012 and before July 1, 2013.
not exceed $10 million, and if each issuer Effective date.—The provision is effective proceeds from such bonds into a TRIP bond
benefitting from the composite issue reason- for obligations issued after June 30, 2012. account of the bank. A ‘‘TRIP bond’’ means
ably anticipates that it will not issue more any bond issued as part of an issue if (1) 100
CONFERENCE AGREEMENT
than $10 million of tax-exempt obligations percent of the available project proceeds of
during the calendar year, including through The conference agreement does not include
such issue are to be used for expenditures in-
the composite arrangement. the Senate amendment provision.
curred after the date of enactment for one or
B. Temporary Modification of Alternative more qualified projects pursuant to an allo-
Special rules providing modifications to quali-
Minimum Tax Limitations on Tax-Exempt cation of such proceeds to such project or
fied small issuer exception for certain
Bonds (sec. 40202 of the Senate amendment projects by a State infrastructure bank, (2)
issues in 2009 and 2010
and secs. 56 and 57 of the Code) the bond is issued by a State infrastructure
With respect to tax-exempt obligations
PRESENT LAW bank and is in registered form (within the
issued during 2009 and 2010, the special rules
increased from $10 million to $30 million the Present law imposes an alternative min- meaning of section 149 of the Internal Rev-
annual limit for qualified small issuers. imum tax (‘‘AMT’’) on individuals and cor- enue Code), (3) the State infrastructure bank
porations. AMT is the amount by which the designates such bond for purposes of the pro-
tentative minimum tax exceeds the regular vision and (4) the term of each bond that is
61 See Rev. Proc. 72–18, 1972–1 C.B. 740.
62 Sec. 265(b)(1). A ‘‘financial institution’’ is any
income tax. The tentative minimum tax is part of such issue does not exceed 30 years. A
person that (1) accepts deposits from the public in
computed based upon a taxpayer’s alter- ‘‘qualified project’’ means the capital im-
the ordinary course of such person’s trade or busi- native minimum taxable income (‘‘AMTI’’). provements to any transportation infra-
ness and is subject to Federal or State supervision AMTI is the taxpayer’s taxable income modi- structure project of any governmental unit
as a financial institution or (2) is a corporation de- fied to take into account certain preferences or other person, including roads, bridges, rail
scribed by section 585(a)(2). Sec. 265(b)(5). and adjustments. One of the preference items and transit systems, ports and, inland water-
63 Sec. 265(b)(3).
is tax-exempt interest on certain tax-exempt ways proposed and approved by a State infra-
64 Secs. 265(b)(3)(A), 291(a)(3) and 291(e)(1).
65 Sec. 265(b)(3)(C).
bonds issued for private activities.68 Also, in structure bank, but does not include costs of
66 Sec. 265(b)(3)(E).
67 Sec. 265(b)(3)(F). 68 Sec. 57(a)(5). 69 Sec. 56(g)(4)(B).
operations or maintenance with respect to for the entirety of 2012. In order for the ex- HOUSE BILL
such project. tension to be effective retroactive to Janu- No provision.
The provision requires a State to develop a ary 1, 2012, it is intended that expenses in- SENATE AMENDMENT
transparent and competitive process for the curred prior to enactment by an employee
award of funds deposited into the TRIP bond for employer-provided vanpool and transit The provision exempts two types of exempt
account that considers the impact of quali- benefits may be reimbursed by employers on facility bonds from the annual private activ-
fied projects on the economy, the environ- a tax free basis to the extent they exceed ity volume limits. The newly-exempted
ment, state of good repair, and equity. The $125 per month and are less than $240 per bonds are exempt facility bonds for sewage
requirements of any Federal law, including month, but only to the extent that such and water facilities.
Title 23 and Titles 40 and 49, which would The provision only applies to bonds issued
amount has not already been excluded from
otherwise apply to projects to which the before January 1, 2018.
such employee’s taxable compensation.
United States is a party or to funds made Effective date.—The provision is effective
Effective date.—The provision in the Senate
available under such law and projects as- for bonds issued after the date of enactment.
amendment is effective for months after De-
sisted with those funds shall apply to (1) cember 31, 2011. CONFERENCE AGREEMENT
funds made available under the TRIP bond The conference agreement does not include
account for similar qualified projects and (2) the Senate amendment provision.
similar qualified projects assisted through The conference agreement does not include
the use of such funds. the Senate amendment provision. F. Dedication of Gas Guzzler Tax to the
Effective date.—The provision is effective E. Private Activity Volume Cap Exemption Highway Trust Fund (sec. 40303 of the Sen-
on the date of enactment. for Sewage and Water Facility Bonds (sec. ate amendment and sec. 9503 of the Code)
CONFERENCE AGREEMENT 40205 of the Senate amendment and sec. PRESENT LAW
The conference agreement does not include 146(g) of the Code) Under present law, the Code imposes a tax
the Senate amendment provision. In general (‘‘the gas guzzler tax’’) on automobiles that
D. Mass Transit and Parking Benefits (sec. Subject to certain Code restrictions, inter- are manufactured primarily for use on public
40204 of the Senate amendment, and sec. est on bonds issued by State and local gov- streets, roads, and highways and that are
132(f) of the Code) ernment generally is excluded from gross in- rated at 6,000 pounds unloaded gross vehicle
come for Federal income tax purposes. Bonds weight or less.75 The tax is imposed on the
PRESENT LAW
issued by State and local governments may sale by the manufacturer of each automobile
Qualified transportation fringe benefits of a model type with a fuel economy of 22.5
provided by an employer are excluded from be classified as either governmental bonds or
private activity bonds. Governmental bonds miles per gallon or less. The tax range begins
an employee’s gross income for income tax
are bonds the proceeds of which are pri- at $1,000 and increases to $7,700 for models
purposes and from an employee’s wages for
marily used to finance governmental func- with a fuel economy less than 12.5 miles per
payroll tax purposes.70 Qualified transpor-
tions or which are repaid with governmental gallon.
tation fringe benefits include parking, tran-
funds. Private activity bonds are bonds in Emergency vehicles and non-passenger
sit passes, vanpool benefits, and qualified bi-
which the State or local government serves automobiles are exempt from the tax. The
cycle commuting reimbursements. No
as a conduit providing financing to nontax also does not apply to non-passenger
amount is includible in the income of an em-
ployee merely because the employer offers governmental persons. For this purpose, the automobiles. The Secretary of Transpor-
the employee a choice between cash and term ‘‘nongovernmental person’’ generally tation determines which vehicles are ‘‘non-
qualified transportation fringe benefits includes the Federal Government and all passenger’’ automobiles, thereby exempting
(other than a qualified bicycle commuting other individuals and entities other than these vehicles from the gas guzzler tax based
reimbursement). Qualified transportation State or local governments. The exclusion on regulations in effect on the date of enact-
fringe benefits also include a cash reimburse- from income for interest on State and local ment of the gas guzzler tax.76 Hence, vehicles
ment by an employer to an employee. In the bonds does not apply to private activity defined in Title 49 C.F.R. sec. 523.5 (relating
case of transit passes, however, a cash reim- bonds, unless the bonds are issued for certain to light trucks) are exempt. These vehicles
bursement is considered a qualified transpor- permitted purposes (‘‘qualified private activ- include those designed to transport property
tation fringe benefit only if a voucher or ity bonds’’) and other Code requirements are on an open bed (e.g., pick-up trucks) or pro-
similar item which may be exchanged only met. vide greater cargo-carrying than passenger
for a transit pass is not readily available for carrying volume including the expanded
Qualified private activity bonds cargo-carrying space created through the re-
direct distribution by the employer to the
employee. Interest on private activity bonds is tax- moval of readily detachable seats (e.g., pick-
Prior to February 17, 2009, the amount that able unless the bonds meet the requirements up trucks, vans, and most minivans, sports
could be excluded as qualified transportation for qualified private activity bonds. Quali- utility vehicles, and station wagons). Addi-
fringe benefits was limited to $100 per month fied private activity bonds permit States or tional vehicles that meet the ‘‘non-pas-
in combined vanpooling and transit pass ben- local governments to act as conduits pro- senger’’ requirements are those with at least
efits and $175 per month in qualified parking viding tax-exempt financing for certain pri- four of the following characteristics: (1) an
benefits. All limits are adjusted annually for vate activities. The definition of qualified angle of approach of not less than 28 degrees;
inflation, using 1998 as the base year (for 2012 private activity bonds includes an exempt fa- (2) a breakover angle of not less than 14 de-
the limits are $125 and $240, respectively). cility bond, or qualified mortgage, veterans’ grees; (3) a departure angle of not less than
The American Recovery and Reinvestment mortgage, small issue, redevelopment, quali- 20 degrees; (4) a running clearance of not less
Act of 2009 71 provided parity in qualified fied 501(c)(3), or student loan bond.73 The def- than 20 centimeters; and (5) front and rear
transportation fringe benefits by tempo- inition of exempt facility bond includes axle clearances of not less than 18 centi-
rarily increasing the monthly exclusion for bonds issued to finance certain transpor- meters each. These vehicles would include
employer-provided vanpool and transit pass tation facilities (airports, ports, mass com- many sports utility vehicles.
benefits to the same level as the exclusion muting, and high-speed intercity rail facili-
HOUSE BILL
for employer-provided parking, effective for ties); qualified residential rental projects;
months beginning on or after the date of en- privately owned and/or operated utility fa- No provision.
actment (February 17, 2009) and before Janu- cilities (sewage, water, solid waste disposal, SENATE AMENDMENT
ary 1, 2011. The Tax Relief, Unemployment and local district heating and cooling facili- The provision requires that amounts equiv-
Insurance Reauthorization, and Job Creation ties, certain private electric and gas facili- alent to the gas guzzler taxes received in the
Act of 2010 72 extended the parity in qualified ties, and hydroelectric dam enhancements); Treasury be transferred to the Highway
transportation fringe benefits through De- public/private educational facilities; quali- Trust Fund.
cember 31, 2011. fied green building and sustainable design Effective date.—The provision is effective
Effective January 1, 2012, the amount that projects; and qualified highway or surface on the date of enactment.
could be excluded as qualified transportation freight transfer facilities.74 CONFERENCE AGREEMENT
fringe benefits is limited to $125 per month In most cases, the aggregate volume of
in combined vanpooling and transit pass ben- The conference agreement does not include
these tax-exempt private activity bonds is
efits and $240 per month in qualified parking the Senate amendment provision.
restricted by annual aggregate volume lim-
benefits. G. Revocation or Denial of Passport in Case
its imposed on bonds issued by issuers within

HOUSE BILL each State. Certain types of private activity of Certain Unpaid Taxes (sec. 40304 of the
No provision. bonds are exempted from the annual volume Senate amendment and new secs. 7345 and
SENATE AMENDMENT limits. 6103(l)(23) of the Code)
The Senate amendment extends the parity For calendar year 2012, the State volume PRESENT LAW
in qualified transportation fringe benefits cap, which is indexed for inflation, equals $95 The administration of passports is the re-
per resident of the State, or $284,560,000, sponsibility of the Department of State.77
70 Secs.
whichever is greater.
132(f), 3121(b)(2), and 3306(b)(16) and
3401(a)(19). 75 Sec. 4064.
71 Pub. L. No. 111–5. 73 Sec. 141(e). 76 Sec. 4064(b)(1)(A).
72 Pub. L. No. 111–312. 74 Sec. 142(a). 77 ‘‘Passport Act of 1926,’’ 22 U.S.C. sec. 211a, et seq.
State may refuse to issue or renew a pass- a taxpayer’s property by levy if a Federal Payments to Medicare Providers
port if the applicant owes child support in tax lien has attached to such property,82 the In 2008, the Government Accountability Of-
excess of $2,500 or owes certain types of Fed- property is not exempt from levy,83 and the fice (‘‘GAO’’) found that over 27,000 Medicare
eral debts, such as expenses incurred in pro- IRS has provided both notice of intention to providers (i.e., about six percent of all such
viding assistance to an applicant to return levy 84 and notice of the right to an adminis- providers) owed more than $2 billion of tax
to the United States. The scope of this au- trative hearing (the notice is referred to as a debt, consisting largely of individual income
thority does not extend to rejection or rev- ‘‘collections due process notice’’ or ‘‘CDP no- and payroll taxes.92 In one case, a home
ocation of a passport on the basis of delin- tice’’ and the hearing is referred to as the health company received over $15 million in
quent Federal taxes. Issuance of a passport ‘‘CDP hearing’’) 85 at least 30 days before the Medicare payments but did not pay $7 mil-
does not require the applicant to provide a levy is made. A levy on salary or wages gen- lion in federal taxes.93 As of 2008, the Centers
social security number or taxpayer identi- erally is continuously in effect until re- for Medicare & Medicaid Services (‘‘CMS’’)
fication number. leased.86 A Federal tax lien arises automati- had not incorporated most of its Medicare
Returns and return information are con- cally when: (1) a tax assessment has been payments into the continuous levy program,
fidential and may not be disclosed by the made; (2) the taxpayer has been given notice despite the IRS authority to continuously
IRS, other Federal employees, State employ- of the assessment stating the amount and levy up to 15 percent of these payments.
ees, and certain others having access to such demanding payment; and (3) the taxpayer
Thus, for calendar year 2006, the government
information except as provided in the Inter- has failed to pay the amount assessed within
lost the chance to possibly collect over $140
nal Revenue Code.78 There are a number of 10 days after the notice and demand.87
million in unpaid Federal taxes.94 The GAO
exceptions to the general rule of nondisclo- The notice of intent to levy is not required
noted that CMS officials promised to incor-
sure that authorize disclosure in specifically if the Secretary finds that collection would
porate about 60 percent of all Medicare fee-
identified circumstances, including disclo- be jeopardized by delay. The standard for de-
for-service payments into the levy program
sure of information about federal tax debts termining whether jeopardy exists is similar
by October 2008 and the remaining 40 percent
for purposes of reviewing an application for a to the standard applicable when determining
in the next several years.
Federal loan 79 and for purposes of enhancing whether assessment of tax without following
Following the GAO study, Congress di-
the integrity of the Medicare program.80 the normal deficiency procedures is per-
rected CMS to participate in the FPLP and
HOUSE PROVISION
mitted.88
The CDP notice (and pre-levy CDP hearing) ensure that all Medicare provider and sup-
No provision. is not required if: (1) the Secretary finds that plier payments are processed through it, in
SENATE AMENDMENT collection would be jeopardized by delay; (2) specified graduated percentages, by the end
If the Commissioner of Internal Revenue the Secretary has served a levy on a State to of fiscal year 2011.95
certifies to the Secretary of the Treasury the collect a Federal tax liability from a State HOUSE PROVISION
identity of persons who have seriously delin- tax refund; (3) the taxpayer subject to the No provision.
quent Federal taxes, the Secretary of Treas- levy requested a CDP hearing with respect to SENATE AMENDMENT
ury or his delegate is authorized to transmit unpaid employment taxes arising in the two-
such certification to the Secretary of State year period before the beginning of the tax- The provision allows Treasury to levy up
for use in determining whether to issue, able period with respect to which the em- to 100 percent of a payment to a Medicare
renew, or revoke a passport. Applicants ployment tax levy is served; or (4) the Sec- provider to collect unpaid taxes.
whose names are included on the certifi- retary has served a Federal contractor levy. Effective date.—The provision is effective
cations provided to the Secretary of State In each of these four cases, however, the tax- for payments made after the date of enact-
are ineligible for a passport. The provision payer is provided an opportunity for a hear- ment.
bars the Secretary of State from issuing a ing within a reasonable period of time after CONFERENCE AGREEMENT
passport to any individual who has a seri- the levy.89 The conference agreement does not include
ously delinquent tax debt. It also requires Federal payment levy program the Senate amendment provision.
revocation of a passport previously issued to To help the IRS collect taxes more effec- I. Appropriation to the Highway Trust Fund
any such individual. Exceptions are per- tively, the Taxpayer Relief Act of 1997 90 au- of Amounts Attributable to Certain Duties
mitted for emergency or humanitarian cir- thorized the establishment of the Federal on Imported Vehicles (sec. 40306 of the Sen-
cumstances, as well as short term use of a Payment Levy Program (‘‘FPLP’’), which al- ate amendment)
passport for return travel to the United lows the IRS to continuously levy up to 15
States by the delinquent taxpayer. PRESENT LAW
percent of certain ‘‘specified payments’’ by
A seriously delinquent tax debt generally the Federal government if the payees are de- Customs duties are deposited into the gen-
includes any outstanding debt for Federal linquent on their tax obligations. With re- eral fund of the Treasury of the United
tax in excess of $50,000, including interest spect to payments to vendors of goods, serv- States. This includes customs duties col-
and any penalties, for which a notice of lien ices, or property sold or leased to the Fed- lected on imported vehicles classified under
or a notice of levy has been filed. This eral government, the continuous levy may be Chapter 87 of the Harmonized Tariff Sched-
amount is to be adjusted for inflation annu- up to 100 percent of each payment.91 The levy ule of the United States.
ally, using calendar year 2011, and a cost-of- (either up to 15 percent or up to 100 percent) HOUSE BILL
living adjustment. Even if a tax debt other- generally continues in effect until the liabil- No provision.
wise meets the statutory threshold, it may ity is paid or the IRS releases the levy.
not be considered seriously delinquent if (1) SENATE AMENDMENT
Under FPLP, the IRS matches its accounts
the debt is being paid in a timely manner receivable records with Federal payment The provision would appropriate from the
pursuant to an installment agreement or records maintained by the Department of the General Fund and deposit into the Highway
offer-in-compromise, or (2) collection action Treasury’s Financial Management Service Trust Fund amounts equivalent to amounts
with respect to the debt is suspended because (‘‘FMS’’), such as certain Social Security received in the General Fund, for FY 2012
a collection due process hearing or innocent benefit and Federal wage records. When through FY 2016, on articles classified under
spouse relief has been requested or is pend- these records match, the delinquent tax- subheadings 8703.22.00 and 8703.24.00 of Chap-
ing. payer is provided both the notice of inten- ter 87.
Effective date.—The provision is effective tion to levy and the CDP notice. If the tax- Effective date.—The provision is effective
on January 1, 2013. payer does not respond after 30 days, the IRS on the date of enactment.
CONFERENCE AGREEMENT can instruct FMS to levy the taxpayer’s Fed- CONFERENCE AGREEMENT
The conference agreement does not include eral payments. Subsequent payments are The conference agreement does not include
the Senate amendment provision. continuously levied until such time that the the Senate amendment provision.
H. 100 Percent Continuous Levy on Pay- tax debt is paid or the IRS releases the levy. J. Treatment of Securities of a Controlled
ments to Medicare Providers and Suppliers Corporation Exchanged for Assets in Cer-
(sec. 40305 of the Senate amendment and turn over property in its possession that belongs to tain Reorganizations (sec. 40307 of the Sen-
sec. 6331(h) of the Code) the delinquent taxpayer named in a notice of levy. ate amendment and sec. 361 of the Code)
82 Ibid.
PRESENT LAW PRESENT LAW
83 Sec. 6334.
In general 84 Sec. 6331(d).

The transfer of assets by a transferor cor-
Levy is the administrative authority of the 85 Sec. 6330. The notice and the hearing are referred
poration to another corporation, controlled
IRS to seize a taxpayer’s property, or rights to collectively as the CDP requirements.
86 Secs. 6331(e) and 6343.
(immediately after the transfer) by the
to property, to pay the taxpayer’s tax liabil- 87 Sec. 6321.
ity.81 Generally, the IRS is entitled to seize 88 Secs. 6331(d)(3), 6861. 92 Government Accountability Office, Medicare:
89 Sec. 6330(f). Thousands of Medicare Providers Abuse the Federal
78 Sec. 6103. 90 Pub. L. No. 105–34. Tax System (GAO–08–618), June 13, 2008.
79 Sec. 6103(l)(3). 91 Sec. 6331(h)(3). The word ‘‘property’’ was added 93 Ibid., p. 4.
80 Sec. 6103(l)(22). to ‘‘goods or services’’ in section 301 of the ‘‘3% 94 Ibid.
81 Sec. 6331(a). Levy specifically refers to the legal Withholding Repeal and Job Creation Act,’’ Pub. L. 95 Medicare Improvement for Patients and Pro-
process by which the IRS orders a third party to No. 112–56. viders Act of 2008, Pub. L. No. 110–275, sec. 189.
transferor or one or more of its shareholders, tent that such debt securities of the con- CONFERENCE AGREEMENT
qualifies as a tax-free reorganization if the trolled corporation are permitted to be re- The conference agreement does not include
transfer is made by one corporation (‘‘dis- tained by the distributing corporation, such the Senate amendment provision.
tributing’’) to a controlled subsidiary cor- securities are not treated as taxable prop-
poration (‘‘controlled’’), followed by the dis- K. Internal Revenue Service Levies and
erty.
tribution of the stock and securities of the Thrift Savings Plan Accounts (sec. 40308 of
HOUSE BILL
controlled subsidiary in a divisive spin-off, the Senate amendment)
No provision.
split-off, or split-up which meets the require- PRESENT LAW
SENATE AMENDMENT
ments of section 355, including an active In general
business requirement and a requirement that Under the Senate amendment, in the case
of a divisive D reorganization, no gain or loss Levy is the IRS’s administrative authority
the transaction is not used principally as a to seize a taxpayer’s property, or rights to
device for the distribution of earnings and is recognized to a corporation if the corpora-
tion is a party to a reorganization and ex- property, to pay the taxpayer’s tax liabil-
profits (‘‘divisive D reorganization’’).96
No gain or loss is recognized to a corpora- changes property, in pursuance of the plan of ity.102 Generally, the IRS is entitled to seize
tion if the corporation is a party to a reorga- reorganization, solely for stock other than a taxpayer’s property by levy if a Federal
nization and exchanges property, in pursu- nonqualified preferred stock (as defined in tax lien has attached to such property,103 the
ance of the plan of reorganization, solely for section 351(g)(2)).101 Thus, under the provi- property is not exempt from levy,104 and the
stock or securities in another corporation sion, securities and nonqualified preferred IRS has provided both notice of intention to
that is a party to the reorganization.97 If stock are treated as ‘‘other property.’’ levy 105 and notice of the right to an adminis-
property other than stock or securities is re- The transferor corporation’s gain on the trative hearing (the notice is referred to as a
ceived (‘‘other property’’), the transferor cor- exchange is recognized to the extent of the ‘‘collections due process notice’’ or ‘‘CDP no-
poration recognizes gain (if any) to the ex- sum of money and the value of other prop- tice’’ and the hearing is referred to as the
tent the other property is not distributed.98 erty, including securities and nonqualified ‘‘CDP hearing’’) 106 at least 30 days before the
In addition, in a divisive D reorganization, preferred stock, not distributed in pursuance levy is made. A levy on salary or wages is
if there is a transfer to the transferor cor- of the plan of reorganization. A distribution generally continuously in effect until re-
poration’s creditors of money or other prop- to creditors of the transferor corporation is leased.107 A Federal tax lien arises automati-
erty received from the controlled corpora- not treated as a distribution for this pur- cally when: (1) a tax assessment has been
tion in the exchange in connection with the pose. made; (2) the taxpayer has been given notice
reorganization, the transferor distributing The value of controlled corporation securi- of the assessment stating the amount and
corporation recognizes gain to the extent the ties or nonqualified preferred stock trans- demanding payment; and (3) the taxpayer
sum of the money and the fair market value ferred to creditors of the distributing cor- has failed to pay the amount assessed within
of the other property exceeds the adjusted poration is treated in the same manner as a 10 days after the notice and demand.108
bases of the assets transferred (reduced by direct assumption of distributing corpora- The notice of intent to levy is not required
the amount of liabilities assumed by the tion’s debt by the controlled corporation, or if the Secretary finds that collection would
transferee under section 357(c)).99 Thus, such as a distribution of cash (or other non- be jeopardized by delay. The standard for de-
a transfer to creditors is aggregated with qualified property) from the controlled cor- termining whether jeopardy exists is similar
other assumptions of the transferor corpora- poration that is paid to the distributing cor- to the standard applicable when determining
tion’s liabilities by the transferee, and the poration’s creditors, so that the distributing whether assessment of tax without following
transferor corporation recognizes gain to the corporation recognizes gain on the exchange the normal deficiency procedures is per-
extent this aggregate amount exceeds the to the extent that the sum of such amounts mitted.109
adjusted basis of assets transferred.100 exceeds the adjusted bases of the assets The CDP notice (and pre-levy CDP hearing)
For example, if in a divisive D reorganiza- transferred is not required if: (1) the Secretary finds that
tion the controlled corporation either (1) di- Effective date.—The provision generally ap- collection would be jeopardized by delay; (2)
rectly assumes the debt of the distributing plies to exchanges occurring after the date of the Secretary has served a levy on a State to
corporation, or (2) borrows and distributes enactment. collect a Federal tax liability from a State
cash to the distributing corporation to pay However, the provision does not apply to tax refund; (3) the taxpayer subject to the
the distributing corporation’s creditors, such any exchange in connection with a trans- levy requested a CDP hearing with respect to
debt assumption or cash distribution is action which is (1) made pursuant to a writ- unpaid employment taxes arising in the two-
treated as money received by the distrib- ten agreement which was binding on Feb- year period before the beginning of the tax-
uting corporation, and the aggregate amount ruary 6, 2012 and at all times thereafter, (2) able period with respect to which the em-
of such debt assumptions and distributions is described in a ruling request submitted to ployment tax levy is served; or (4) the Sec-
taxable to the extent it exceeds the distrib- the IRS on or before such date, or (3) de- retary has served a Federal contractor levy.
uting corporation’s basis in the assets trans- scribed on or before such date in a public an- In each of these four cases, however, the tax-
ferred to the controlled corporation. How- nouncement or in a filing with the Securities payer is provided an opportunity for a hear-
ever, if the controlled corporation issues its and Exchange Commission. ing within a reasonable period of time after
own debt securities and such securities are the levy.110
distributed to the creditors of the distrib- 101 Section 351(g)(2) defines nonqualified preferred Thrift Savings Plan
uting corporation, the controlled corpora- stock as preferred stock if (i) the holder has a right Present law includes an anti-alienation
tion’s debt securities are not treated as to require the issuer or a related person to redeem
rule that provides that the balance of an em-
money or other property received by the dis- or purchase the stock, which right may be exercised
within the 20 year period beginning on the issue date ployee’s Thrift Savings Plan (‘‘TSP’’) Ac-
tributing corporation. Thus, the distributing
and is not subject to a contingency which, as of the count is subject to taking only for the en-
corporation could use the controlled corpora-
issue date, makes remote the likelihood of redemp- forcement of one’s obligations to provide for
tion’s securities to retire the distributing tion or purchase; (ii) the issuer or a related person child support or alimony payments, restitu-
corporation’s own debt, recognize no gain, is required to redeem or purchase the stock (within tion orders, certain forfeitures, or certain
and be in the same economic position as if such 20 year period and not subject to such a contin-
obligations of the Executive Director.111 The
its debt had been directly assumed by the gency); (iii) the issuer or a related person has the
authority for the IRS to levy an employee’s
controlled corporation or as if it had retired right to redeem or purchase the stock (which right
is exercisable within such 20 year period and not TSP Account to satisfy tax liabilities is not
its debt with cash received from the con-
subject to such a contingency) and as of the issue mentioned in the anti-alienation rule; TSP
trolled corporation. In addition, to the ex-
date, it is more likely than not that such right will Accounts are not specifically enumerated in
be exercised, or (iv) the dividend on such stock var- the Code provisions identifying property
96 Secs. 355 and 368(a)(1)(D). Section 355 imposes re- ies in whole or in part (directly or indirectly) with that is exempt from levy.
quirements for a qualified spin-off, split-off, or split- reference to interest rates, commodity prices, or
up. Among other requirements, in order for a trans- other similar indices. There are exceptions for cer- HOUSE PROVISION
action to qualify under section 355, the distributing tain rights that are exercisable only on the death, No provision.
corporation must either (i) distribute all of the disability or mental incompetency of the holder, or
stock and securities of the controlled corporation only upon the separation from service of a service
that it holds, or (ii) distribute at least an amount of provider who received the right as reasonable com- 102 Sec. 6331(a). Levy specifically refers to the legal
stock constituting control under section 368(c) and pensation for services, and for certain situations in- process by which the IRS orders a third party to
establish to the satisfaction of the Secretary of the volving publicly traded stock. Nonqualified pre- turn over property in its possession that belongs to
Treasury that the retention of stock (or stock and ferred stock is treated in the same manner as securi- the delinquent taxpayer named in a notice of levy.
securities) was not in pursuance of a plan having as ties under section 351 and thus is not qualified con- 103 Ibid.
one of its principal purposes the avoidance of Fed- sideration that may be received tax free by a con- 104 Sec. 6334.
eral income tax. Sec. 355(a)(1)(D). Section 355 im- tributing shareholder. Sections 354(a)(2)(C) and 105 Sec. 6331(d).
poses other requirements to avoid gain recognition 356(e) treat nonqualified preferred stock as taxable 106 Sec. 6330. The notice and the hearing are re-
at the corporate level with respect to the spin-off, consideration if received in exchange for stock by ferred to collectively as the CDP requirements.
split-up, or split-off, e.g., secs. 355(d) and (e). shareholders of a corporation that itself is a party 107 Secs. 6331(e) and 6343.
97 Sec. 361(a). to a reorganization (except to the extent received in 108 Sec. 6321.
98 Sec. 361(b). exchange for other nonqualified preferred stock); 109 Secs. 6331(d)(3) and 6861.
99 The last sentence of sec. 361(b)(3). and section 355 contains a similar rule (sec. 110 Sec. 6330(f).
100 Sec. 357(c) and the last sentence of sec. 361(b)(3). 355(a)(3)(D)). 111 5 U.S.C. sec. 8437(e)(3).
SENATE AMENDMENT requires that any amortizable section 197 in- Under rules known as the transfer for
The provision amends the statutory provi- tangible acquired in connection with an ap- value rules, if a life insurance contract is
sions governing the TSP to clarify that the plicable lease must be recovered over a pe- sold or otherwise transferred for valuable
anti-alienation provisions therein do not bar riod not less than the term of the applicable consideration, the amount paid by reason of
the IRS from issuing a notice of levy on a lease. the death of the insured that is excludable
TSP Account. Under this provision, private activity generally is limited.122 Under the limitation,
Effective date.—The provision is effective bonds are not qualified bonds, interest on the excludable amount may not exceed the
upon date of enactment. which is tax-exempt, if the bonds are part of sum of (1) the actual value of the consider-
an issue, any portion of the proceeds of ation, and (2) the premiums or other
which is used to finance any applicable amounts subsequently paid by the transferee
The conference agreement does not include leased highway property. of the contract. Thus, for example, if a per-
the Senate amendment provision. For purposes of this provision, applicable son buys a life insurance contract, and the
L. Depreciation and Amortization Rules for leased highway property is defined as prop- consideration he pays combined with his sub-
Highway and Related Property Subject to erty subject to an applicable lease and sequent premium payments on the contract
Long-Term Leases (sec. 40309 of the Senate placed in service before the date of such are less than the amount of the death benefit
amendment and secs. 168, 197, and 147 of the lease. An applicable lease is defined as an ar- he later receives under the contract, then
Code) rangement between the taxpayer and a State the difference is includable in the buyer’s in-
PRESENT LAW
or political subdivision thereof, or any agen- come.
cy or instrumentality of either, under which
Depreciation and amortization for highways the taxpayer leases a highway and associated Exceptions are provided to the limitation
and related property improvements, receives a right-of-way on on the excludable amount. The limitation on
A taxpayer generally must capitalize the the public lands underlying such highway the excludable amount does not apply if (1)
cost of property used in a trade or business and improvements, and receives a grant of a the transferee’s basis in the contract is de-
and recover such cost over time through an- franchise or other intangible right permit- termined in whole or in part by reference to
nual deductions for depreciation or amorti- ting the taxpayer to receive funds relating to the transferor’s basis in the contract,123 or
zation. Tangible property generally is depre- the operation of such highway. As under (2) the transfer is to the insured, to a partner
ciated under the modified accelerated cost present law, a contract that purports to be a of the insured, to a partnership in which the
recovery system (‘‘MACRS’’), which deter- service contract or other arrangement (in- insured is a partner, or to a corporation in
mines depreciation by applying specific re- cluding a partnership or other passthrough which the insured is a shareholder or offi-
covery periods, placed-in-service conven- entity) is treated as a lease if the contract or cer.124
tions, and depreciation methods to the cost arrangement is properly treated as a lease.118 IRS guidance sets forth more details of the
of various types of depreciable property.112 Effective date.—The provision is effective tax treatment of a life insurance policy-
The alternative depreciation system for leases entered into, and private activity holder who sells or surrenders the life insur-
(‘‘ADS’’) applies with respect to tangible bonds issued, after the date of enactment. ance contract and the tax treatment of other
property used predominantly outside the CONFERENE AGREEMENT sellers and of buyers of life insurance con-
United States during the taxable year, tax- The conference agreement does not include tracts. The guidance relates to the character
exempt use property, tax-exempt bond fi- the Senate amendment provision. of taxable amounts (ordinary or capital) and
nanced property, and certain other property. M. Transfers to Federal Old-Age and Sur- to the taxpayer’s basis in the life insurance
ADS generally requires the use of the vivors Insurance Trust Fund and Federal contract.
straight-line method without regard to sal- Disability Insurance Trust Fund
vage value, and requires longer recovery pe- In Revenue Ruling 2009–13,125 the IRS ruled
(sec. 40314 of the Senate amendment) that income recognized under section 72(e)
riods than MACRS.
Under MACRS, the cost of land improve- PRESENT LAW on surrender to the life insurance company
ments (such as roads and fences) is recovered To finance Social Security and Medicare of a life insurance contract with cash value
over 15 years.113 Land improvements subject benefits, taxes under the Federal Insurance is ordinary income. In the case of sale of a
to ADS are recovered over 20 years using the Contributions Act (‘‘FICA’’) are imposed on cash value life insurance contract, the IRS
straight-line method.114 employers and employees with respect to ruled that the insured’s (seller’s) basis is re-
employee wages.119 Similar taxes are im- duced by the cost of insurance, and the gain
Amortization of intangible property on sale of the contract is ordinary income to
posed under the Self-Employment Contribu-
The cost recovery of many intangible as- tions Act (‘‘SECA’’) on self-employed indi- the extent of the amount that would be rec-
sets is governed by the rules of section 197. viduals with respect to their self-employ- ognized as ordinary income if the contract
In particular, section 197 provides that any ment income.120 These taxes consist of two were surrendered (the ‘‘inside buildup’’), and
amortizable section 197 intangible, including parts: (1) old-age, survivors, and disability any excess is long-term capital gain. Gain on
rights granted by a governmental unit and insurance (‘‘OASDI’’), which correlates to the sale of a term life insurance contract
franchise rights, is amortized over a 15–year the Social Security program that provides (without cash surrender value) is long-term
period.115 monthly benefits after retirement, death or capital gain under the ruling.
Private activity bond financing for highways disability; and (2) Medicare hospital insur-
In general, interest on a private activity ance (‘‘HI’’). treat certain amounts as amounts paid by reason of
bond that is a qualified bond is excludable HOUSE BILL the death of an insured (that is, generally, exclud-
from taxable income.116 Under present law, a No provision. able from income). Sec. 101(g). The rules relating to
private activity bond is not a qualified bond, accelerated death benefits provide that amounts
SENATE AMENDMENT
interest on which is tax-exempt, if any por- treated as paid by reason of the death of the insured
Under the Senate amendment, the fol- include any amount received under a life insurance
tion of the proceeds of the issue of which the
lowing amounts are transferred from the contract on the life of an insured who is a termi-
bond is a part is used to provide any air-
General Fund to the OASDI Trust Funds: $27 nally ill individual, or who is a chronically ill indi-
plane, skybox, or other private luxury box, vidual (provided certain requirements are met). For
million in fiscal year 2012, and $82 million in
health club facility, facility primarily used this purpose, a terminally ill individual is one who
fiscal year 2014.
for gambling, or store the principal business Effective date.—The Senate amendment has been certified by a physician as having an ill-
of which is the sale of alcoholic beverages for ness or physical condition which can reasonably be
provision is effective on the date of enact- expected to result in death in 24 months or less after
consumption off premises.117 ment. the date of the certification. A chronically ill indi-
HOUSE BILL CONFERENCE AGREEMENT vidual is one who has been certified by a licensed
No provision. The conference agreement does not include health care practitioner within the preceding 12–
month period as meeting certain ability-related re-
SENATE AMENDMENT the Senate amendment provision.
quirements. In the case of a viatical settlement, if
Under this provision, the depreciation for N. Modify Rules that Apply to Sales of Life any portion of the death benefit under a life insur-
applicable leased highway property is deter- Insurance Contracts ance contract on the life of an insured who is termi-
mined under ADS with a statutory 45-year (secs. 100112–4 of the Senate amendment and nally ill or chronically ill is sold to a viatical settle-
recovery period and requirement to use the new sec. 6050X of the Code) ment provider, the amount paid for the sale or as-
signment of that portion is treated as an amount
straight-line method. Further, this provision PRESENT LAW paid under the life insurance contract by reason of
An exclusion from Federal income tax is the death of the insured (that is, generally, exclud-
112 Sec. 168. able from income). For this purpose, a viatical set-
provided for amounts received under a life
113 Rev. Proc. 87–56, 1987–42 I.R.B. 4. tlement provider is a person regularly engaged in
114 Ibid.
insurance contract paid by reason of the
The longest MACRS recovery period is 50 the trade or business of purchasing, or taking as-
death of the insured.121
years and applies to railroad gradings and tunnel signments of, life insurance contracts on the lives of
bores. Sec. 168(c). terminally ill or chronically ill individuals (pro-
115 Secs. 197(d)(1)(D) and (F). The 15–year amortiza- 118 Sec.7701(e). vided certain requirements are met).
tion provision does not apply to various types of 119 Secs.3101 and 3111. 122 Sec. 101(a)(2).
rights, including any interest in land. Sec. 197(e)(2). 120 Sec.1401. 123 Sec. 101(a)(2)(A).
116 Sec. 141. 121 Sec. 101(a)(1). In the case of certain accelerated 124 Sec. 101(a)(2)(B).
117 Sec. 147(e). death benefits and viatical settlements, special rules 125 2009–21 I.R.B. 1029.
In Revenue Ruling 2009–14,126
the IRS ruled policy number of the contract. Notice of the Act) of the United States Code. The Bank Se-
that under the transfer for value rules, a por- transfer of a life insurance contract to a for- crecy Act requires both financial institu-
tion of the death benefit received by a buyer eign person is intended to include any sort of tions and account holders to report informa-
of a life insurance contract on the death of notice, including information provided for tion that has ‘‘a high degree of usefulness in
the insured is includable as ordinary income. nontax purposes such as change of address criminal, tax, or regulatory investigations or
The portion is the excess of the death benefit notices for purposes of sending statements or proceedings.’’ 127 Citizens and residents of the
over the consideration and other amounts for other purposes, or information relating United States as well as persons doing busi-
(e.g., premiums) paid for the contract. Upon to loans, premiums, or death benefits with ness in the United States are required to
sale of the contract by the purchaser of the respect to the contract. keep records and file reports that contain
contract, the ruling concludes that the gain The statement the issuer provides to any the following information ‘‘in the way and to
is long-term capital gain, and in determining seller or transferor to a foreign person also the extent the Secretary prescribes’’ if they
the gain, the basis of the contract is not re- includes the name, address, and phone num- enter into a transaction or maintain an ac-
duced by the cost of insurance. ber of the issuer’s information contact. count with a foreign financial agency: (1) the
HOUSE BILL Reporting with respect to reportable death identity and address of participants in a
benefits transaction or relationship; (2) the legal ca-
No provision.
pacity in which a participant is acting; (3)
SENATE AMENDMENT When a reportable death benefit is paid the identity of real parties in interest; and
In general under a life insurance contract, the payor in- (4) a description of the transaction, as speci-
surance company is required to report infor- fied by the Secretary.128 Regulations promul-
The provision imposes reporting require-
mation about the payment to the IRS and to gated pursuant to broad regulatory author-
ments in the case of the purchase of an exist-
the payee. Under this reporting requirement, ity granted to the Secretary in the Bank Se-
ing life insurance contract in a reportable
the payor reports (1) the payor’s name, ad- crecy Act 129 provide additional guidance re-
policy sale and imposes reporting require-
dress, and TIN; (2) the name, address, and garding the disclosure obligation with re-
ments on the payor in the case of the pay-
TIN of each recipient of payment; (3) the spect to foreign accounts.
ment of reportable death benefits. The provi-
date of each payment; and (4) the amount of As part of a series of reforms directed at
sion sets forth rules for determining the
each payment. A reportable death benefit international financing of terrorism,130 the
basis of a life insurance or annuity contract.
means an amount paid by reason of the Bank Secrecy Act authorizes the Secretary
Lastly, the provision modifies the transfer
death of the insured under a life insurance of Treasury to impose special measures on
for value rules in a transfer of an interest in
contract that has been transferred in a re- certain domestic institutions or agencies if,
a life insurance contract that is a reportable
portable policy sale. after consultation with the Secretary of
policy sale. The statement the payor provides to any State and the Attorney General, the Sec-
Reporting requirements for acquisitions of life payee also includes the name, address, and retary of Treasury determines that there are
insurance contracts phone number of the payor’s information reasonable grounds to conclude that a juris-
Reporting upon acquisition of life insurance contact. diction or institution operating outside the
contract Payment United States, or accounts or transactions
The reporting requirement applies to every For purposes of these reporting require- involving such jurisdictions or institutions,
person who acquires a life insurance con- ments, payment means the amount of cash are of primary money laundering concern.131
tract, or any interest in a life insurance con- In determining whether a particular juris-
and the fair market value of any consider-
tract, in a reportable policy sale during the diction is of primary money laundering con-
ation transferred in a reportable policy sale.
taxable year. A reportable policy sale means cern, the Secretary considers multiple fac-
Determination of basis tors that may evidence that the jurisdiction
the acquisition of an interest in a life insur-
ance contract, directly or indirectly, if the The provision provides that in determining lacks adequate transparency and may be a
acquirer has no substantial family, business, the basis of a life insurance or annuity con- haven for criminal activities. Evidence that
or financial relationship with the insured tract, no adjustment is made for mortality, groups involved in organized crime, inter-
(apart from the acquirer’s interest in the life expense, or other reasonable charges in- national terrorism or proliferation of weap-
insurance contract). An indirect acquisition curred under the contract (known as ‘‘cost of ons of mass destruction have transacted
includes the acquisition of an interest in a insurance’’). This reverses the position of the business in that jurisdiction as well as the
partnership, trust, or other entity that holds IRS in Revenue Ruling 2009–13 that on sale of degree of corruption among high-level offi-
an interest in the life insurance contract. a cash value life insurance contract, the in- cials must be considered. With respect to as-
Under the reporting requirement, the sured’s (seller’s) basis is reduced by the cost sessing the fiscal transparency of the juris-
acquiror of the contract reports information of insurance. diction, factors include the domestic laws of
about the acquisition to the IRS, to the in- Scope of transfer for value rules that jurisdiction and their administration;
surance company that issued the contract, The provision provides that the exceptions the reputation of the jurisdiction as an off-
and to the person or persons receiving a pay- to the transfer for value rules do not apply shore banking haven by credible inter-
ment. The information reported by the in the case of a transfer of a life insurance national organizations; the extent to which
acquiror about the acquisition of the con- contract, or any interest in a life insurance the jurisdiction offers regulatory advantages
tract is (1) the acquiror’s name, address, and contract, in a reportable policy sale. Thus, to nonresidents; and whether the United
taxpayer identification number (‘‘TIN’’), (2) some portion of the death benefit ultimately States has a Mutual Legal Assistance Treaty
the name, address, and TIN of each recipient payable under such a contract may be in- (‘‘MLAT’’) with the jurisdiction, and if so,
of payment in the reportable policy sale, (3) cludable in income. experience of U.S. officials in obtaining in-
the date of the reportable policy sale, (4) the formation under that agreement.
Effective date In determining whether to apply one or
name of the issuer and the policy number of
Under the provision, the reporting require- more special measure to a particular institu-
the life insurance contract, and (5) the
ment is effective for reportable policy sales tion, or with respect to a type of account or
amount of each payment.
occurring after December 31, 2012, and re- transaction, the Secretary considers whether
The statement the acquiror provides to
portable death benefits paid after December the transactions, accounts or institutions fa-
any issuer of a life insurance contract is not
31, 2012. The clarification of the basis rules cilitate money laundering through a par-
required to include the amount of the pay-
for life insurance and annuity contracts is ticular jurisdiction. The Secretary also
ment or payments for the acquisition of the
effective for transactions entered into after looks at evidence that organized criminal
contract. The statement the acquiror pro-
August 25, 2009. The modification of excep- groups or terrorists have been able to avail
vides to any issuer of a life insurance con-
tion to the transfer for value rules is effec-
tract or recipient of a payment in the report-
tive for transfers occurring after December
able policy sale also includes the name, ad- 127 31 U.S.C. sec. 5311.
31, 2012. 128 31 U.S.C. sec. 5314. The term ‘‘agency’’ in the
dress, and phone number of the acquiror’s in-
formation contact. CONFERENCE AGREEMENT Bank Secrecy Act includes financial institutions.
129 31 U.S.C. sec. 5314(a) provides: ‘‘Considering the
Reporting of seller’s basis in the life insurance The conference agreement does not include
need to avoid impeding or controlling the export or
contract the Senate amendment provision.
import of monetary instruments and the need to
O. Authorizing Special Measures against avoid burdening unreasonably a person making a
On receipt of a report described above, or

on any notice of the transfer of a life insur- Foreign Jurisdictions, Financial Institu- transaction with a foreign financial agency, the Sec-
tions, and Others that Significantly Im- retary of the Treasury shall require a resident or
ance contract to a foreign person, each citizen of the United States or a person in, and doing
issuer is required to report to the IRS and to pede U.S. Tax Enforcement
business in, the United States, to keep records, file
the seller or transferor (1) the basis of the (sec. 100201 of the Senate amendment and 31 reports, or keep records and file reports, when the
contract (i.e., the investment in the contract U.S.C. sec. 5138A) resident, citizen, or person makes a transaction or
within the meaning of section 72(e)(6)), (2) PRESENT LAW maintains a relation for any person with a foreign
the name, address, and TIN of the seller or financial agency.’’
Cross-border transfers of assets to, and in- 130 See, e.g., Title III of the USA PATRIOT Act,
the transferor to a foreign person, and (3) the terests held in, foreign bank accounts or for- Pub. L. No. 107–56 (October 26, 2001) (sections 351
eign entities are subject to reporting re- through 366).
126 2009–21 I.R.B. 1031. quirements under Title 31 (the Bank Secrecy 131 31 U.S.C. sec. 5318A.
themselves of such institution, accounts or isters of Finance. Whether by tax treaty or is properly attributable to all business ac-
transactions. The extent to which legitimate TIEA, the OECD Standards require that a ju- tivities and property of a taxpayer, regard-
business is conducted through the accounts risdiction (1) exchange information where it less of any specific purpose for incurring an
or institutions is also considered. is ‘‘foreseeably relevant’’ to the administra- obligation on which interest is paid.139 For
The selection of the specific measures is tion and enforcement of the domestic laws of interest allocation purposes, all members of
made after consultation with other financial a requesting State; (2) not restrict exchanges an affiliated group of corporations generally
regulatory agencies and the Secretary of on the basis of bank secrecy or domestic tax are treated as a single corporation (the so-
State.132 The factors that must be considered interest requirements; (3) have powers to en- called ‘‘one-taxpayer rule’’) and allocation
in selecting which of the measures to invoke force access to reliable information; (4) re- must be made on the basis of assets rather
are enumerated and include U.S. national se- spect taxpayer rights; and (5) maintain strict than gross income. The term ‘‘affiliated
curity and foreign policy; the cost and bur- confidentiality of information exchanged.138 group’’ in this context generally is defined
den of compliance with the measures; wheth- HOUSE BILL by reference to the rules for determining
er U.S. financial institutions will be placed whether corporations are eligible to file con-
No provision. solidated returns.
at a competitive disadvantages as a result;
the impact of the measure on the inter- SENATE AMENDMENT For consolidation purposes, the term ‘‘af-
national payment, clearance and settlement The provision expands the special meas- filiated group’’ means one or more chains of
system; and whether any similar sanction ures powers under the Bank Secrecy Act by includible corporations connected through
has been imposed by another nation or mul- authorizing use of the powers based on a stock ownership with a common parent cor-
tilateral group. Increased reporting obliga- finding, made in consultation with the Com- poration that is an includible corporation,
tions with respect to types of transactions or missioner of the IRS, the Secretary of State but only if: (1) the common parent owns di-
accounts involving a foreign jurisdiction, and the Attorney General, that an institu- rectly stock possessing at least 80 percent of
mandatory collection of information about tion, jurisdiction or international trans- the total voting power and at least 80 per-
beneficial ownership of certain types of ac- action is significantly impeding tax enforce- cent of the total value of at least one other
counts, and prohibitions against opening or ment. In making such a finding, cooperation includible corporation; and (2) stock meeting
maintaining payable-through or cor- of an institution or jurisdiction with the im- the same voting power and value standards
respondent accounts with a nexus to foreign plementation of FATCA may be favorably with respect to each includible corporation
jurisdictions are among the measures per- considered. The information and consulta- (excluding the common parent) is directly
mitted. These measures may be imposed sep- tions to be considered in making a finding to owned by one or more other includible cor-
arately or in combination. support use of the special measures on the porations.
Cross-border payment flows are also sub- basis of either money-laundering or tax en- Generally, the term ‘‘includible corpora-
ject to reporting obligations for tax pur- forcement concerns are expanded to require tion’’ means any domestic corporation ex-
consideration of U.S. experience with admin- cept certain corporations exempt from tax
poses.133 Those reporting obligations and re-
istrative assistance requests under a tax under section 501 (for example, corporations
lated provisions are commonly referred to as
treaty or tax information exchange agree- organized and operated exclusively for chari-
FATCA,134 which added new Chapter 4, a re-
table or educational purposes), certain life
porting and withholding regime, to Subtitle ment. Furthermore, a number of conforming
insurance companies, corporations electing
A of the Code. Chapter 4 requires reporting changes are made to the enumeration of con-
application of the possession tax credit, reg-
of specific information by third parties for siderations to ensure that factors relevant to
ulated investment companies, real estate in-
certain U.S. accounts held in foreign finan- tax enforcement are considered.
vestment trusts, and domestic international
cial institutions (‘‘FFIs’’).135 Information re- The process for selection of special meas-
sales corporations. A foreign corporation
porting is encouraged through the with- ures to be taken and the considerations for
generally is not an includible corporation.
holding of tax on payments to FFIs unless their selection remain the same as under
Subject to exceptions, the consolidated re-
the FFI enters into and complies with an in- present law, except for the identity of the
turn and interest allocation definitions of af-
formation reporting agreement with the Sec- persons or agencies to be consulted in the
filiation generally are consistent with each
retary of the Treasury.136 process when the use of special measures is
other. For example, both definitions gen-
Access to the foreign-based documents nec- based on a finding that U.S. tax enforcement
erally exclude all foreign corporations from
essary to combat money laundering and tax is being significantly impeded. In that case,
the affiliated group. Thus, while debt gen-
evasion is secured through information ex- the Secretary of Treasury is required to con-
erally is considered fungible among the as-
changes with foreign jurisdictions under the sult only with the Commissioner of IRS, the
sets of a group of domestic affiliated cor-
terms of various treaties and international Secretary of State and the Attorney Gen-
porations, the same rules do not apply as be-
agreements, such as MLAT, tax treaties, or eral. The Secretary of Treasury has sole dis-
tween the domestic and foreign members of a
tax information exchange agreements cretion whether to consult any other agen-
group with the same degree of common con-
(‘‘TIEA’’).137 International norms regarding cies.
trol as the domestic affiliated group.
fiscal transparency and exchange of informa- All special measures under present law are
tion for tax administration purposes are re- available for both anti-money-laundering Banks, savings institutions, and other finan-
flected in the standards developed by the Or- and tax enforcement-based findings. The cial affiliates
ganization for Economic Cooperation and ability to prohibit or impose conditions on The affiliated group for interest allocation
Development (‘‘OECD’’). The OECD Stand- the use of correspondent or payable-through purposes generally excludes what are re-
ards have been endorsed by the G–20 Min- accounts is expanded to include the author- ferred to in the Treasury regulations as ‘‘fi-
ization, approval or use in the United States nancial corporations.’’ 140 A financial cor-
132 Section 5318A(4)(A) requires consultation with of a credit card, charge card, debit card or poration includes any corporation, otherwise
Board of the Governors of the Federal Reserve Sys- other similar financial instrument. a member of the affiliated group for consoli-
tem, the Securities and Exchange Commission, the Effective date.—The provision is effective dation purposes, that is a financial institu-
Commodity Futures Trading Commission, the Na- upon date of enactment. tion (described in section 581 or section 591),
tional Credit Union Administration Board, any CONFERENCE AGREEMENT the business of which is predominantly with
other appropriate Federal banking agency and any persons other than related persons or their
other interested party identified by the Secretary. The conference agreement does not include
customers, and which is required by State or
133 Hiring Incentives to Restore Employment Act the Senate amendment provision.
Federal law to be operated separately from
(‘‘HIRE’’), Pub. L. No. 111–147 (2010). P. Delay in Application of Worldwide
134 Subtitle A of Title V of the HIRE Act, entitled any other entity that is not a financial insti-
Interest tution.141 The category of financial corpora-
‘‘Foreign Account Tax Compliance,’’ was based on
legislative proposals in the Foreign Account Tax (sec. 1801 of the Senate amendment and sec. tions also includes, to the extent provided in
Compliance Act (‘‘FATCA’’), a bill introduced in 864(f) of the Code) regulations, bank holding companies (includ-
both the House and Senate on October 27, 2009. See PRESENT LAW ing financial holding companies), subsidi-
H.R. 3933 and S. 1934, respectively. aries of banks and bank holding companies
135 Under section 1471(c), an FFI must report (1) the In general
(including financial holding companies), and
name, address, and taxpayer identification number To compute the foreign tax credit limita-
of each U.S. person or a foreign entity with one or savings institutions predominantly engaged
tion, a taxpayer must determine the amount
more substantial U.S. owners holding an account, (2) in the active conduct of a banking, financ-
of its taxable income from foreign sources.
the account number, (3) the account balance or ing, or similar business.142
value, and (4) except as provided by the Secretary,

Thus, the taxpayer must allocate and appor- A financial corporation is not treated as a
the gross receipts and gross withdrawals or pay- tion deductions between items of U.S.-source member of the regular affiliated group for
ments from the account. gross income, on the one hand, and items of purposes of applying the one-taxpayer rule
136 The information reporting requirement under foreign-source gross income, on the other. to other nonfinancial members of that group.
the HIRE Act generally applies to payments made In the case of interest expense, the rules
after December 31, 2012. generally are based on the approach that
137 TIEAs are entered into by the Administration, 139 However, exceptions to the fungibility principle
money is fungible and that interest expense
without the advice and consent of the Senate. In are provided in particular cases, some of which are
contrast to the bilateral tax treaties, TIEAs are gen- described below.
erally limited in scope to mutual exchange of infor- 138 Overview of the OECD’s Work on International 140 Temp. Treas. Reg. sec. 1.861–11T(d)(4).
mation. Since the 1980s, the United States has en- Tax Evasion (A note by the OECD Secretariat), p. 3, 141 Sec. 864(e)(5)(C).
tered into over 20 such agreements. March 23, 2009. 142 Sec. 864(e)(5)(D).
Instead, all such financial corporations that fungibility approach. The rules also provide tion and the financial institution group elec-
would be so affiliated are treated as a sepa- a one-time ‘‘financial institution group’’ tion are changed accordingly.
rate single corporation for interest alloca- election that expands the bank group. At the Effective date.—The provision is effective
tion purposes. election of the common parent of the pre- on the date of enactment.
Worldwide interest allocation election worldwide affiliated group, the in- CONFERENCE AGREEMENT
terest expense allocation rules are applied
In general The conference agreement does not include
separately to a subgroup of the worldwide af-
The American Jobs Creation Act of 2004 the Senate amendment provision.
filiated group that consists of (1) all corpora-
(‘‘AJCA’’) 143 modified the interest expense tions that are part of the bank group, and (2) PART IV—TAX COMPLEXITY ANALYSIS
allocation rules described above (which gen- all ‘‘financial corporations.’’ For this pur- Section 4022(b) of the Internal Revenue
erally apply for purposes of computing the pose, a corporation is a financial corporation Service Reform and Restructuring Act of
foreign tax credit limitation) by providing a if at least 80 percent of its gross income is fi- 1998 (the ‘‘IRS Reform Act’’) requires the
one-time election (the ‘‘worldwide affiliated nancial services income (as described in sec- Joint Committee on Taxation (in consulta-
group election’’) under which the taxable in- tion 904(d)(2)(D)(ii) and the regulations tion with the Internal Revenue Service and
come of the domestic members of an affili- thereunder) that is derived from trans- the Department of the Treasury) to provide
ated group from sources outside the United actions with unrelated persons.147 For these a tax complexity analysis. The complexity
States generally is determined by allocating purposes, items of income or gain from a analysis is required for all legislation re-
and apportioning interest expense of the do- transaction or series of transactions are dis- ported by the Senate Committee on Finance,
mestic members of a worldwide affiliated regarded if a principal purpose for the trans- the House Committee on Ways and Means, or
group on a worldwide-group basis (i.e., as if action or transactions is to qualify any cor- any committee of conference if the legisla-
all members of the worldwide group were a poration as a financial corporation. tion includes a provision that directly or in-
single corporation). If a group makes this In addition, anti-abuse rules are provided directly amends the Internal Revenue Code
election, the taxable income of the domestic under which certain transfers from one mem- (the ‘‘Code’’) and has widespread applica-
members of a worldwide affiliated group ber of a financial institution group to a bility to individuals or small businesses.
from sources outside the United States is de- member of the worldwide affiliated group The staff of the Joint Committee on Tax-
termined by allocating and apportioning the outside of the financial institution group are ation has determined that a complexity
third-party interest expense of those domes- treated as reducing the amount of indebted- analysis is not required under section 4022(b)
tic members to foreign-source income in an ness of the separate financial institution of the IRS Reform Act because the bill con-
amount equal to the excess (if any) of (1) the group. Regulatory authority is provided with tains no provisions that have ‘‘widespread
worldwide affiliated group’s worldwide third- respect to the election to provide for the di- applicability’’ to individuals or small busi-
party interest expense multiplied by the rect allocation of interest expense in cir- nesses.
ratio that the foreign assets of the worldwide cumstances in which such allocation is ap-
affiliated group bears to the total assets of A. PBGC Premiums (secs. 40221–40222 of the
propriate to carry out the purposes of these conference agreement and ERISA sec. 4006)
the worldwide affiliated group,144 over (2) the rules, to prevent assets or interest expense
third-party interest expense incurred by for- PRESENT LAW
from being taken into account more than
eign members of the group to the extent once, or to address changes in members of Defined benefit plans subject to ERISA are
such interest would be allocated to foreign any group (through acquisitions or other- covered by the Pension Benefit Guaranty
sources if the principles of worldwide inter- wise) treated as affiliated under these rules. Corporation (‘‘PBGC’’) insurance program
est allocation were applied separately to the and related premium requirements.
Effective date of worldwide interest allocation
foreign members of the group.145 In the case of a single-employer defined
For purposes of the new elective rules The common parent of the domestic affili- benefit plan, flat-rate premiums apply at a
based on worldwide fungibility, the world- ated group must make the worldwide affili- rate of $35.00 per participant for 2012. Single-
wide affiliated group means all corporations ated group election. It must be made for the employer flat-rate premium rates are in-
in an affiliated group as well as all con- first taxable year beginning after December dexed for inflation.
trolled foreign corporations that, in the ag- 31, 2020, in which a worldwide affiliated If a single-employer defined benefit plan
gregate, either directly or indirectly,146 group exists that includes at least one for- has unfunded vested benefits, variable-rate
would be members of such an affiliated group eign corporation that meets the require- premiums also apply at a rate of $9 per $1,000
if section 1504(b)(3) did not apply (i.e., in ments for inclusion in a worldwide affiliated of unfunded vested benefits divided by the
which at least 80 percent of the vote and group.148 The common parent of the pre-elec- number of participants. Variable-rate pre-
value of the stock of such corporations is tion worldwide affiliated group must make miums are not indexed for inflation. For pur-
owned by one or more other corporations in- the election for the first taxable year begin- poses of determining variable-rate pre-
cluded in the affiliated group). Thus, if an af- ning after December 31, 2020, in which a miums, unfunded vested benefits are equal to
filiated group makes this election, the tax- worldwide affiliated group includes a finan- the excess (if any) of (1) the plan’s funding
able income from sources outside the United cial corporation. Once either election is target for the year, as determined under the
States of domestic group members generally made, it applies to the common parent and minimum funding rules, but taking into ac-
is determined by allocating and apportioning all other members of the worldwide affiliated count only vested benefits, over (2) the fair
interest expense of the domestic members of group or to all members of the financial in- market value of plan assets. In determining
the worldwide affiliated group as if all of the stitution group, as applicable, for the tax- the plan’s funding target for this purpose,
interest expense and assets of 80-percent or able year for which the election is made and the interest rates used are segment rates de-
greater owned domestic corporations (i.e., all subsequent taxable years, unless revoked termined as under the minimum funding
corporations that are part of the affiliated with the consent of the Secretary of the rules, but determined on a monthly basis,
group, as modified to include insurance com- Treasury. rather than using a 24-month average of cor-
panies) and certain controlled foreign cor- HOUSE BILL porate bond rates.
porations were attributable to a single cor- No provision. In the case of a multiemployer defined ben-
poration. SENATE AMENDMENT efit plan, flat-rate premiums apply at a rate
Financial institution group election The provision delays the effective date of of $9.00 per participant for 2012. Multiem-
Taxpayers are allowed to apply the bank the worldwide interest allocation rules for ployer flat-rate premium rates are indexed
group rules to exclude certain financial in- one year, until taxable years beginning after for inflation and are expected to increase to
stitutions from the affiliated group for inter- December 31, 2021. The required dates for $10 for 2013.
est allocation purposes under the worldwide making the worldwide affiliated group elec- HOUSE BILL
No provision.
143 Pub. L. No. 108–357, sec. 401. 147 See
Treas. Reg. sec. 1.904–4(e)(2). SENATE AMENDMENT
144 For purposes of determining the assets of the 148 As
originally enacted under AJCA, the world-
worldwide affiliated group, neither stock in corpora- wide interest allocation rules were effective for tax- No provision.
tions within the group nor indebtedness (including able years beginning after December 31, 2008. How- CONFERENCE AGREEMENT
receivables) between members of the group is taken ever, section 3093 of the Housing and Economic Re-
The conference agreement increases PBGC
into account. covery Act of 2008, Pub. L. No. 110–289, delayed the
145 Although the interest expense of a foreign sub- implementation of the worldwide interest allocation premiums for single-employer plans and
sidiary is taken into account for purposes of allo- rules for two years, until taxable years beginning multiemployer plans.
cating the interest expense of the domestic members after December 31, 2010; section 15 of the Worker, Single-employer plan flat-rate premiums
of the electing worldwide affiliated group for foreign Homeownership, and Business Assistance Act of are increased to $42 per participant for 2013
tax credit limitation purposes, the interest expense 2009, Pub. L. No. 111–92, delayed the implementation and $49 per participant for 2014 with indexing
incurred by a foreign subsidiary is not deductible on of the worldwide interest allocation rules for seven thereafter.
a U.S. return. years, until taxable years beginning after December
146 Indirect ownership is determined under the
For plan years beginning after 2012, the
31, 2017; and section 551 of the Hiring Incentives to
rules of section 958(a)(2) or through applying rules Restore Employment Act, Pub. L. No. 111–126, fur- rate for variable-rate premiums ($9 per $1,000
similar to those of section 958(a)(2) to stock owned ther delayed implementation of the worldwide inter- of unfunded vested benefits) is indexed and
directly or indirectly by domestic partnerships, est allocation rules for three years, until taxable the per-participant variable-rate premium is
trusts, or estates. years beginning after December 31, 2020. subject to a limit. The limit is $400 for 2013
with indexing thereafter. In addition, the hance the overall effectiveness of the board, fies that funds for eligible Title III projects
rate for variable-rate premiums per $1,000 of and (2) the advisory committee should pro- under the program must be obligated by the
unfunded vested benefits is increased by $4 vide the board with policy recommendations end of the following fiscal year but not nec-
for 2014 and another $5 for 2015. These in- regarding changes to the law that would be essarily initiated.
creases are applied to the rate applicable for beneficial to the PBGC or the voluntary pri- Payment-in-lieu of taxes
the preceding year (that is, $9 as indexed for vate pension system. The conference report also includes Senate
the preceding year per $1,000 of unfunded The conference agreement also directs the language to extend by one year, through fis-
vested benefits) and indexing continues to PBGC, not later than 90 days after enact- cal year 2013, full funding for the Payment in
apply thereafter. ment, to contract with the National Acad- Lieu of Taxes program. The program pro-
Multiemployer plan flat-rate premiums are emy of Public Administration to conduct a vides federal payments to local governments
increased by $2 per participant for 2013. study of the PBGC to include (1) a review of to help offset losses in property taxes due to
B. Improvements of PBGC (secs. 40231–40234 governance structures of organizations (gov- nontaxable federal land within their bound-
of the conference agreement and ERISA ernmental and nongovernmental) that are aries.
sec. 4002, new sec. 4004 and sec. 4005)—Draft analogous to the PBGC and (2) recommenda-
Gulf coast restoration
of 6/27/12, 9:00 PM tions with respect to various topics relating
to the board of directors, such as composi- The conference report modifies a Senate
PRESENT LAW provision related to Gulf Coast restoration
tion, procedures, and policies to enhance
The Pension Benefit Guaranty Corporation known as the Resources and Ecosystems
Congressional oversight. The results of the
(‘‘PBGC’’), which was created by the Em- Sustainability, Tourism Opportunities and
study are to be reported within a year of ini-
ployee Retirement Income Security Act of Revived Economies of the Gulf Coast States
tiation of the study to the Committee on
1974 (‘‘ERISA’’), insures benefits provided Act of 2012 (RESTORE Act). The provision
Health, Education, Labor, and Pensions and
under defined benefit plans covered by establishes the Gulf Coast Restoration Trust
Committee on Finance of the Senate and the
ERISA, collects premiums with respect to Fund and places in the Trust Fund 80% of all
Committee on Education and the Workforce
such plans, and manages assets and pays civil penalties paid by responsible parties in
and Committee on Ways and Means of the
benefits with respect to certain terminated connection with the Deepwater Horizon oil
House of Representatives.
plans. PBGC’s purposes are to encourage the spill. Funding may be used to invest in
continuation and maintenance of voluntary Participant and plan sponsor advocate projects and activities to restore the long-
private defined benefit plans, provide timely The conference agreement establishes a term health of the coastal ecosystem and
and uninterrupted payment of pension bene- new Participant and Plan Sponsor Advocate. local economies in the Gulf Coast Region,
fits to participants and beneficiaries, and The Advocate is chosen by the Board of Di- which includes the states of Mississippi, Lou-
maintain premiums at the lowest level con- rectors from the candidates nominated by isiana, Alabama, Florida, and Texas. A por-
sistent with carrying out its obligations the advisory committee. This individual will tion of the funds will be allocated directly
under ERISA.149 act as a liaison between the corporation and and equally to the five Gulf Coast states for
PBGC is administered by a director, who is participants in terminated pension plans. ecological and economic recovery along the
appointed by the President with the advice The Advocate will ensure that participants coast. A portion will be provided to the Gulf
and consent of the Senate. PBGC’s board of receive everything they are entitled to under Coast Ecosystem Restoration Council estab-
directors consists of the Secretary of the the law. The Advocate will also provide plan lished by the bill to develop and fund a com-
Treasury, the Secretary of Labor, and the sponsors with assistance in resolving dis- prehensive plan for the restoration of Gulf
Secretary of Commerce, with the Secretary putes with the corporation. Each year, the Coast ecosystems. A portion will be allo-
of Labor serving as chair. An advisory com- Advocate will provide a report on their ac- cated among the states using an impact-
mittee has been established for the purpose tivities to the Committee on Health, Edu- based formula to implement state plans that
of advising the PBGC as to various policies cation, Labor, and Pensions and Committee have been approved by the Council. Finally,
and procedures. ERISA contains general pro- on Finance of the Senate, the Committee on a portion of the fines will be allocated to a
visions as to the board of directors and advi- Education and the Workforce of the House of Gulf Coast ecosystem restoration, science,
sory committee. Representatives, and the Committee on observation, monitoring and technology pro-
HOUSE BILL Ways and Means of the House of Representa- gram and for grants to nongovernmental en-
tives summarizing the issues raised by par- tities for the establishment of Gulf Coast
No provision. centers of excellence.
ticipants and plan sponsors and making rec-
SENATE AMENDMENT ommendations for changes to improve the Phased retirement
No provision. system. PRESENT LAW
CONFERENCE AGREEMENT Quality control procedures for the PBGC Under current law, Federal agencies may
PBGC governance improvement The conference agreement states that the offer part-time employment to retirement-
The conference agreement expands the PBGC will contract with an outside agency eligible workers, but the employee may not
ERISA provisions relating to the PBGC (such as the Social Security Administration) begin receiving accrued pension benefits.
board of directors, advisory committee, di- to conduct an annual review of the Corpora- Currently, Federal employees face one of
rector and other PBGC officials. tion’s Single-Employer and Multiemployer three choices upon reaching retirement age:
With respect to the board of directors, the Pension Insurance Modeling Systems (1) voluntarily retire and collect an annuity
conference agreement addresses timing and (‘‘PIMS’’). The first reviews will be initiated based on the pension computation formula,
procedures for meetings (including a joint no later than 3 months after the enactment (2) continue to work full time, in most cases
meeting with the advisory committee). It of this Act. increasing the number of service years used
also ensures that the PBGC inspector gen- The conference agreement also states that in calculating their pension, or (3) volun-
eral has direct access to the board, clarifies the PBGC will make its own efforts to de- tarily retire and return to Federal employ-
the role of the General Counsel, and provides velop review policies to examine actuarial ment as a reemployed annuitant. As a result,
authority to the board to hire its own em- work, management, and record keeping. Fi- most experienced Federal employees elect to
ployees, experts and consultants as may be nally, the conference agreement instructs retire.
required to enable the board to perform its the PBGC to provide a specific report ad- Under Internal Revenue Code section 72(t),
duties. The conference agreement includes dressing outstanding recommendations made certain distributions from a qualified retire-
specific rules on conflicts of interest with re- by the Office of the Inspector General ment plan prior to age 591⁄2 are subject to an
spect to the board of directors and the direc- (‘‘OIG’’) relating to the Policy, Research, additional tax of 10 percent of the taxable
tor of PBGC and provides for the PBGC to and Analysis Department and the Benefits amount of the distribution.
have a risk management officer. It further Administration and Payment Department. HOUSE BILL
clarifies that the PBGC board of directors is Line of credit repeal No provision.
ultimately responsible for overseeing PBGC SENATE AMENDMENT
The conference agreement repeals section
and that the director is directly accountable The Senate amendment provides the Office
4005(c) of ERISA, which provides authority
to the board of directors and can be removed of Personnel Management the authority to
for the PBGC to issue notes or other obliga-
by the board of directors or the president. It establish a phased retirement program for
tions in an amount up to $100,000,000.
also sets the director’s term at five years un- qualified Federal employees. The amend-
less removed before the expiration of the Natural resource provisions
ment allows Federal employees to retire
term by the President or the board of direc- Secure rural schools from a portion of their full time employment
tors. The conference report includes Senate lan- and receive a prorated pension for that serv-
The conference agreement states the sense guage that extends by one year, through fis- ice. During phased retirement, Federal em-
of Congress that (1) the board of directors cal year 2012, the Secure Rural Schools pro- ployees may work 20 to 80 percent of their
should form committees, including an audit gram. The program funds county outlays for full-time schedule and continue to receive a
committee and an investment committee public schools, road improvement and main- prorated salary and pension credit for the
composed of at least two members, to en- tenance projects, and forest restoration and time worked. At least 20 percent of the time
improvement projects in and around Na- worked must be used to mentor new employ-
149 ERISA sec. 4002(a). tional Forests. The conference report clari- ees. When the phased retiree fully retires,
their annuity would be adjusted, increasing LARRY BUCSHON, JAIME HERRERA BEUTLER,
the employee’s lifetime retirement income. RICHARD HANNA, LARRY BUCSHON,
The Senate amendment excludes from eligi- STEVE SOUTHERLAND, RICHARD L. HANNA,
bility law enforcement officers, firefighters, JAMES LANKFORD, STEVE SOUTHERLAND II,
nuclear materials couriers, air traffic con- REID RIBBLE, JAMES LANKFORD,
trollers, customs and border protection offi- NICK RAHALL, REID J. RIBBLE,
cers, or members of the Capital Police or Su- PETER DEFAZIO, From the Committee on Energy and Com-
preme Court Police. JERRY COSTELLO, merce, for consideration of sec. 142 and titles
CONFERENCE REPORT ELEANOR HOLMES NORTON, II and V of the House bill, and secs. 1113, 1201,
The conference report follows the Senate JERROLD NADLER, 1202, subtitles B, C, D, and E of title I of Di-
amendment with three changes. First, Postal CORRINE BROWN, vision C, secs. 32701–32705, 32710, 32713, 40101,
Service employees are exempted from the re- ELIJAH CUMMINGS, and 40301 of the Senate amendment, and
quirement to spend 20 percent of their time LEONARD BOSWELL, modifications committed to the conference:
mentoring. Second, the provision provides TIM BISHOP, FRED UPTON,
that certain law enforcement officers such as As additional conferees from the Committee ED WHITFIELD,
Customs and Border Protection Officers on Commerce, for consideration of sec. 142 HENRY A. WAXMAN,
hired before 2008 (when they were granted and titles II and V of the House bill, and From the Committee on Natural Resources,
law-enforcement type status which makes secs. 1113, 1201, 1202, subtitles B, C, D, and E for consideration of secs. 123, 142, 204, and ti-
them ineligible for phased retirement under of title I of Division C, secs. 32701, 32705, tles III and VI of the House bill, and sec. 1116,
the Senate Amendment because they are 32710, 32713, 40101, and 40301 of the Senate subtitles C, F, and G of title I of Division A,
subject to mandatory retirement) are eligi- amendment, and modifications committed to sec. 33009, titles VI and VII of Division C, sec.
ble for phased retirement. Finally, the con- conference: 40101, subtitles A and B of title I of Division
ference agreement provides an exception to FRED UPTON, F, and sec. 100301 of the Senate amendment,
the additional tax under section 72(t) of the ED WHITFIELD, and modifications committed to conference:
Internal Revenue Code for distributions from HENRY WAXMAN, DOC HASTINGS,
federal retirement plans to qualified phased As additional conferees from the Committee ROB BISHOP,
retirees. on Natural Resources, for consideration of From the Committee on Science, Space, and
Effective Date—The provision is effective on secs. 123, 142, 204, and titles III and VI of the Technology for consideration of secs. 121, 123,
the date the implementing regulations are House bill, and sec. 1116, subtitles C, F, and 136, and 137 of the House bill, and sec. 1534,
issued by the Director of the Office of Per- G of title I of Division A, sec. 33009, titles VI subtitle F of title I of Division A, secs. 20013,
sonnel Management. and VII of Division C, sec. 40101, subtitles A 20014, 20029, 31101, 31103, 31111, 31204, 31504,
and B of title I of Division F, and sec. 100301 32705, 33009, 34008, and Division E of the Sen-
Technical correction to the disaster recovery
of the Senate amendment, and modifications ate amendment, and modifications com-
FMAP provision
committed to conference: mitted to conference:
The ACA included a provision known as DOC HASTINGS, RALPH M. HALL,
the ‘disaster-recovery FMAP’ designed to ROB BISHOP, CHIP CRAVAACK,
help states adjust to drastic changes in ED MARKEY, From the Committee on Ways and Means, for
FMAP following a statewide disaster. Once As additional conferees from the Committee consideration of secs. 141 and 142 of the
triggered, the policy would provide assist- on Science, Space, and Technology for con- House bill, and secs. 1801, 40101, 40102, 40201,
ance for as many as seven years following sideration of secs. 121, 123, 136, and 137 of the 40202, 40204, 40205, 40301–40307, 40309–40314,
the disaster, as long as the state continued House bill, and sec. 1534, subtitle F of title I 100112–100114, and 100116 of the Senate amend-
to experience an FMAP drop of more than of Division A, secs. 20013, 20014, 20029, 31101, ment, and modifications committed to con-
three percentage points. The Middle Class 31103, 31111, 31204, 31504, 32705, 33009, 34008, ference:
Tax Relief and Job Creation Act of 2012 cor- and Division E of the Senate amendment, DAVE CAMP,
rected the formula. This policy moves the ef- and modifications committed to conference: PATRICK J. TIBERI,
fective date to October 1, 2012 and adjusts RALPH HALL, Managers on the Part of the House.
the formula for fiscal year 2013. CHIP CRAVAACK,
Ocean freight differential EDDIE BERNICE JOHNSON, BARBARA BOXER,
The United States provides humanitarian As additional conferees from the Committee MAX BAUCUS,
food aid to developing countries. This assist- on Ways and Means, for consideration of JOHN D. ROCKEFELLER, IV,
ance is subject to an additional cargo pref- secs. 141 and 142 of the House bill, and secs. RICHARD J. DURBIN,
erence, which requires 75% of food assistance 1801, 40101, 40102, 40201, 40202, 40204, 40205, TIM JOHNSON,
be shipped from U.S. flagged vessels. The 40301, 40307, 40309, 40314, 100112, 100114, and CHARLES E. SCHUMER,
Maritime Administration at the Department 100116 of the Senate amendment, and modi- BILL NELSON,
of Transportation is required to reimburse fications committed to conference: ROBERT MENENDEZ,
the U.S. agencies that sponsor food aid ship- DAVE CAMP, JAMES M. INHOFE,
ments for the increased costs associated with PAT TIBERI, DAVID VITTER,
the U.S. flag shipping requirement. This pro- EARL BLUMENAUER, RICHARD C. SHELBY,
posal would reduce to 50% the incremental Managers on the Part of the House. KAY BAILEY HUTCHISON,
ocean freight differential, which would re- Managers on the Part of the Senate.
BARBARA BOXER,
duce the amount of quarterly payments MAX BAUCUS,
made by Maritime Administration at the De- f
JOHN ROCKEFELLER,
partment of Transportation. DICK DURBIN,
Abandoned mine land TIM JOHNSON, ANNOUNCEMENT BY THE SPEAKER
This proposal would cap abandoned mine CHUCK SCHUMER, PRO TEMPORE
land (AML) reclamation payments to states BILL NELSON,
that have completed all high-priority aban- ROBERT MENENDEZ, The SPEAKER pro tempore (Mr.
doned coal mine reclamation projects. Under JAMES INHOFE, BERG). Under clause 8 of rule XX, the
this proposal, payments to those states (cer- DAVID VITTER, filing of the conference report on H.R.
tified states) would be capped at $15 million ORRIN HATCH, 4348 has vitiated the motion to instruct
annually. RICHARD SHELBY, conferees offered by the gentlewoman
Pursuant to the order of the House on April KAY BAILEY HUTCHISON,
from California (Ms. HAHN) which was
25, 2012, the Speaker appointed the following JOHN HOEVEN,
conferees from the Committee on Transpor- Managers on the Part of the Senate. debated yesterday and on which fur-
tation and Infrastructure for consideration From the Committee on Transportation and ther proceedings were postponed.
of the House bill (except section 141) and the Infrastructure, for consideration of the
Senate amendment (except secs. 1801, 40102, House bill (except section 141) and the Sen- f
40201, 40202, 40204, 40205, 40305, 40307, 40309, ate amendment (except secs. 1801, 40102,
40312, 100112, 100114, and 100116), and modifica- 40201, 40202, 40204, 40205, 40305, 40307, 40309–
tions committed to conference: 40312, 100112–100114, and 100116), and modifica- RECESS
JOHN MICA, tions committed to conference: The SPEAKER pro tempore. Pursu-
DON YOUNG, JOHN L. MICA, ant to clause 12(a) of rule I, the Chair
JOHN DUNCAN, DON YOUNG,
declares the House in recess subject to
BILL SHUSTER, JOHN J. DUNCAN, JR.
SHELLEY MOORE CAPITO, BILL SHUSTER, the call of the Chair.
RICK CRAWFORD, SHELLEY MOORE CAPITO, Accordingly (at 7 o’clock and 24 min-
JAIME HERRERA BEUTLER, ERIC A. ‘‘RICK’’ CRAWFORD, utes p.m.), the House stood in recess.
b 2304 ting the Agency’s final rule — Prudential six-month periodic report on the national
Management and Operations Standards (RIN: emergency with respect to North Korea that
AFTER RECESS 2590-AA13) received June 8, 2012, pursuant to was declared in Executive Order 13466 of
The recess having expired, the House 5 U.S.C. 801(a)(1)(A); to the Committee on Fi- June 26, 2008; to the Committee on Foreign
was called to order by the Speaker pro nancial Services. Affairs.
6701. A letter from the Director, Regu- 6709. A letter from the Assistant Director
tempore (Mr. NUGENT) at 11 o’clock and latory Management Division, Environmental for the Legislative Affairs, Consumer Finan-
4 minutes p.m. Protection Agency, transmitting the Agen- cial Protection Bureau, transmitting the
f cy’s final rule — Idaho: Final Authorization semiannual report on the activities of the
of State Hazardous Waste Management Pro- Office of Inspector General for the period Oc-
REPORT ON RESOLUTION PRO- gram; Revision [EPR-R10-RCRA-2011-0973; tober 1, 2011 to March 31, 2012; to the Com-
VIDING FOR CONSIDERATION OF FRL-9684-6] received June 8, 2012, pursuant to mittee on Oversight and Government Re-
H.R. 5856, DEPARTMENT OF DE- 5 U.S.C. 801(a)(1)(A); to the Committee on form.
FENSE APPROPRIATIONS ACT, Energy and Commerce. 6710. A letter from the Acting Chairman,
6702. A letter from the Director, Regu- Federal Deposit Insurance Corporation,
2013; PROVIDING FOR CONSIDER- latory Management Division, Environmental transmitting in accordance with the provi-
ATION OF H.R. 6020, FINANCIAL Protection Agency, transmitting the Agen- sions of section 17(a) of the Federal Deposit
SERVICES AND GENERAL GOV- cy’s final rule — Air Quality Designations Insurance Act, the Chief Financial Officers
ERNMENT APPROPRIATIONS ACT, for the 2008 Ozone National Ambient Air Act of 1990, Pub. L. 101–576, and the Govern-
2013; AND PROVIDING FOR CON- Quality Standards for Several Counties in ment Performance and Results Act of 1993,
SIDERATION OF CONFERENCE Illinios, Indiana, and Wisconsin; Corrections the Corporation’s 2011 Annual Report; to the
REPORT ON H.R. 4348, MOVING to Inadvertent Errors in Prior Designations Committee on Oversight and Government
AHEAD FOR PROGRESS IN THE [EPA-HQ-OAR-2008-0476; FRL-9682-2] (RIN: Reform.
2060-AR56) received June 8, 2012, pursuant to 6711. A letter from the Chairman, National
21ST CENTURY ACT 5 U.S.C. 801(a)(1)(A); to the Committee on Endowment of the Arts, transmitting the
Mr. WEBSTER, from the Committee Energy and Commerce. Semiannual Report of the Inspector General
on Rules, submitted a privileged report 6703. A letter from the Director, Regu- and the Semiannual Report on Final Action
(Rept. No. 112–558) on the resolution (H. latory Management Division, Environmental Resulting from Audit Reports, Inspection
Protection Agency, transmitting the Agen- Reports, and Evaluation Reports for the pe-
Res. 717) providing for consideration of
cy’s final rule — Approval and Promulgation riod October 1, 2011 through March 31, 2012;
the bill (H.R. 5856) making appropria- of Implementation Plans; State of Florida: to the Committee on Oversight and Govern-
tions for the Department of Defense for New Source Review Prevention of Signifi- ment Reform.
the fiscal year ending September 30, cant Deterioration: Nitrogen Oxides as a 6712. A letter from the Chairman, National
2013, and for other purposes; providing Precursor to Ozone [EPA-R04-OAR-2012-0166; Labor Relations Board, transmitting the
for consideration of the bill (H.R. 6020) FRL-9687-1] received June 8, 2012, pursuant to Board’s semiannual report from the office of
making appropriations for financial 5 U.S.C. 801(a)(1)(A); to the Committee on the Inspector General for the period October
services and general government for Energy and Commerce. 1, 2011 through March 31, 2012; to the Com-
6704. A letter from the Director, Regu- mittee on Oversight and Government Re-
the fiscal year ending September 30, latory Management Division, Environmental form.
2013, and for other purposes; and pro- Protection Agency, transmitting the Agen- 6713. A letter from the Senior Program An-
viding for consideration of the con- cy’s final rule — Approval of Air Quality Im- alyst, Department of Transportation, trans-
ference report to accompany the bill plementation Plans; Wisconsin; Disapproval mitting the Department’s final rule — Oper-
(H.R. 4348) to provide an extension of of ‘‘Infrastructure’’ SIP with respect to Ox- ations In Class D Airspace [Docket No.:
Federal-aid highway, highway safety, ides of Nitrogen as a Precursor to Ozone Pro- FAA-2011-1396] (RIN: 2120-AK10) received
motor carrier safety, transit, and other visions and New Source Review Exemptions June 8, 2012, pursuant to 5 U.S.C. 801(a)(1)(A);
for Fuel Changes as Major Modifications for to the Committee on Transportation and In-
programs funded out of the Highway
the 1997 8-hour Ozone and 24-hour PM2.5 frastructure.
Trust Fund pending enactment of a NAAQS [EPA-R05-OAR-2007-1179; FRL-9685-7] 6714. A letter from the Senior Program An-
multiyear law reauthorizing such pro- received June 8, 2012, pursuant to 5 U.S.C. alyst, Department of Transportation, trans-
grams, and for other purposes, which 801(a)(1)(A); to the Committee on Energy and mitting the Department’s final rule —
was referred to the House Calendar and Commerce. Standard Instrument Approach Procedures,
ordered to be printed. 6705. A letter from the Director, Regu- and Takeoff Minimums and Obstacle Depar-
latory Management Division, Environmental ture Procedures; Miscellaneous Amendments
f Protection Agency, transmitting the Agen- [Docket No.: 30839; Amdt. No. 3476] received
ADJOURNMENT cy’s final rule — Approval and Promulgation June 8, 2012, pursuant to 5 U.S.C. 801(a)(1)(A);
of Implementation Plans and Operating Per- to the Committee on Transportation and In-
Mr. WEBSTER. Mr. Speaker, I move mits Program; Commonwealth of Puerto frastructure.
that the House do now adjourn. Rico; Administrative Changes [EPA-R02- 6715. A letter from the Senior Program An-
The motion was agreed to; accord- OAR-2012-0032; FRL-9675-1] received June 8, alyst, Department of Transportation, trans-
ingly (at 11 o’clock and 5 minutes 2012, pursuant to 5 U.S.C. 801(a)(1)(A); to the mitting the Department’s final rule —
p.m.), the House adjourned until to- Committee on Energy and Commerce. Amendment of Area Navigation (RNAV)
6706. A letter from the Assistant Legal Ad- Route Q-130; UT [Docket No.: FAA-2012-0438;
morrow, Friday, June 29, 2012, at 9 a.m. viser for Treaty Affairs, Department of Airspace Docket No. 11-AWP-20] received
f State, transmitting report prepared by the June 8, 2012, pursuant to 5 U.S.C. 801(a)(1)(A);
Department of State concerning inter- to the Committee on Transportation and In-
EXECUTIVE COMMUNICATIONS, national agreements other than treaties en- frastructure.
ETC. tered into by the United States to be trans- 6716. A letter from the Senior Program An-
Under clause 2 of rule XIV, executive mitted to the Congress within the sixty-day alyst, Department of Transportation, trans-
period specified in the Case-Zablocki Act; to mitting the Department’s final rule —
communications were taken from the
the Committee on Foreign Affairs. Amendment of Restricted Area R-2101; An-
Speaker’s table and referred as follows: 6707. A letter from the Secretary, Depart- niston Army Depot, AL [Docket No.: FAA-
6698. A letter from the Secretary, Air ment of the Treasury, transmitting as re- 2012-0510; Airspace Docket No. 12-ASO-17]
Force, Department of Defense, transmitting quired by section 401(c) of the National (RIN: 2120-AA66) received June 8, 2012, pursu-
the 2011 Military Working Dog Disposition Emergencies Act, 50 U.S.C. 1641(c), and sec- ant to 5 U.S.C. 801(a)(1)(A); to the Committee
Report; to the Committee on Armed Serv- tion 204(c) of the International Emergency on Transportation and Infrastructure.
ices. Economic Powers Act, 50 U.S.C. 1703(c), and 6717. A letter from the Senior Program An-
6699. A letter from the Acting Under Sec- pursuant to Executive Order 13313 of July 31, alyst, Department of Transportation, trans-
retary, Department of Defense, transmitting 2003, a six-month periodic report on the na- mitting the Department’s final rule — Cus-
a report identifying, for each of the Armed tional emergency with respect to the West- toms Broker Recordkeeping Requirements
forces (other than the Coast Guard) and each ern Balkans that was declared in Executive Regarding Location and Method of Record
Defense Agency, the percentage of funds that Order 13219 of June 26, 2001; to the Com- Retention [USCBP-2009-0019] (RIN: 1515-
were expended duing the preceding fiscal mittee on Foreign Affairs. AD66) (formerly RIN: 1505-AC12) received
year for performance of depot-level mainte- 6708. A letter from the Secretary, Depart- June 8, 2012, pursuant to 5 U.S.C. 801(a)(1)(A);
nance and repair workloads by the public ment of the Treasury, transmitting as re- to the Committee on Ways and Means.
and private sectors; to the Committee on quired by section 401(c) of the National 6718. A letter from the Chief, Publications
Armed Services. Emergencies Act, 50 U.S.C. 1641(c), and sec- and Regulations Branch, Internal Revenue
6700. A letter from the General Counsel, tion 204(c) of the International Emergency Service, transmitting the Service’s final rule
Federal Housing Finance Agency, transmit- Economic Powers Act, 50 U.S.C. 1703(c), a — Update of Weighted Average Interest
Rates, Yield Curves, and Segment Rates [No- PUBLIC BILLS AND RESOLUTIONS tion and assistance, and for other purposes;
tice 2012-43] received June 11, 2012, pursuant to the Committee on Ways and Means, and in
to 5 U.S.C. 801(a)(1)(A); to the Committee on Under clause 2 of rule XII, public addition to the Committee on Financial
Ways and Means. bills and resolutions of the following Services, for a period to be subsequently de-
6719. A letter from the Chief, Publications titles were introduced and severally re- termined by the Speaker, in each case for
and Regulations Branch, Internal Revenue ferred, as follows: consideration of such provisions as fall with-
Service, transmitting the Service’s final rule By Mr. FLAKE: in the jurisdiction of the committee con-
— Extension of Relief and Procedures Under H.R. 6047. A bill to amend the renewable cerned.
Notice 2010-30 and Notice 2011-16 for Spouses fuel program under section 211(o) of the By Mrs. BONO MACK:
of U.S. Servicemembers Who are Working In Clean Air Act to require the cellulosic H.R. 6051. A bill to amend certain provi-
or Claiming Residence or Domicile In a U.S. biofuel requirement to be based on actual sions of title 49, United States Code, relating
Territory Under the Military Spouses Resi- production; to the Committee on Energy and to motor vehicle safety, and for other pur-
dency Relief Act [Notice 2012-4113] received Commerce. poses; to the Committee on Energy and Com-
June 11, 2012, pursuant to 5 U.S.C. By Mr. TURNER of Ohio (for himself, merce.
801(a)(1)(A); to the Committee on Ways and Mrs. MILLER of Michigan, Mr. WHIT- By Mr. GRAVES of Missouri (for him-
Means. FIELD, Mrs. HARTZLER, Mr. TIBERI,
self, Mr. JONES, Mr. WESTMORELAND,
6720. A letter from the Chief, Publications Mr. JOHNSON of Ohio, Mr. FRANKS of Mr. LONG, Mr. WOLF, and Mrs.
and Regulations Branch, Internal Revenue Arizona, Mr. AKIN, Mr. GOHMERT, Mr. HARTZLER):
Service, transmitting the Service’s final rule H.R. 6052. A bill to prohibit the use of funds
NUNNELEE, Mr. PALAZZO, Mr. CON-
— Substantial Business Activities [TD 9592] for the rule entitled ‘‘Provisional Unlawful
AWAY, Mr. GOWDY, Mr. CRENSHAW, Mr.
(RIN: 1545-BK86) received June 11, 2012, pur- Presence Waivers of Inadmissibility for Cer-
LAMBORN, Mr. CHAFFETZ, Mr. BROOKS,
suant to 5 U.S.C. 801(a)(1)(A); to the Com- tain Immediate Relatives’’ published by the
Mr. STUTZMAN, Mr. ROKITA, Mr. PRICE
mittee on Ways and Means. Department of Homeland Security on April
of Georgia, Mr. LANKFORD, Mr. ALEX-
6721. A letter from the Chief, Publications 2, 2012 (77 Fed. Reg. 19902); to the Committee
ANDER, Mrs. BONO MACK, Mr. MACK,
and Regulations Branch, Internal Revenue on the Judiciary.
Mr. MARCHANT, Mr. NUNES, Mr.
Service, transmitting the Service’s final rule By Mr. MACK:
COBLE, Mr. BARTON of Texas, Mr. H.R. 6053. A bill to repeal the provisions of
— Surrogate Foreign Corporations [TD 9591] WOMACK, Mr. SENSENBRENNER, Mr.
(RIN: 1545-BF47) received June 11, 2011, pur- the Patient Protection and Affordable Care
COFFMAN of Colorado, Mr. TERRY, Mr. Act and the health-related provisions of the
suant to 5 U.S.C. 801(a)(1)(A); to the Com- PITTS, Mr. MICA, Mr. BUCHANAN, Mr.
mittee on Ways and Means. Health Care and Education Reconciliation
KELLY, Mr. FITZPATRICK, Mr. LANCE, Act of 2010 not declared unconstitutional by
Mrs. BIGGERT, Mr. POE of Texas, Mr. the Supreme Court; to the Committee on En-
f MCCAUL, Mr. SOUTHERLAND, Mr. ergy and Commerce, and in addition to the
LOBIONDO, Mr. HARRIS, Mr. WALBERG, Committees on Ways and Means, Education
REPORTS OF COMMITTEES ON Mr. LUETKEMEYER, Mr. HASTINGS of and the Workforce, the Judiciary, Natural
PUBLIC BILLS AND RESOLUTIONS Washington, Mr. LABRADOR, Mr. CUL- Resources, House Administration, Appro-
BERSON, Mr. ROGERS of Kentucky, Mr.
Under clause 2 of rule XIII, reports of priations, and Rules, for a period to be subse-
CAMPBELL, Mr. HARPER, Mr. CANSECO, quently determined by the Speaker, in each
committees were delivered to the Clerk
Mr. ISSA, Mr. FARENTHOLD, Mr. case for consideration of such provisions as
for printing and reference to the proper FLAKE, Mr. BRADY of Texas, Mrs.
calendar, as follows: fall within the jurisdiction of the committee
BLACKBURN, Mr. CRAWFORD, Mr. concerned.
Mr. GRAVES of Missouri: Committee on POMPEO, Mr. YOUNG of Indiana, Mr. By Mr. MACK:
Small business. Semiannual Report on the SCHILLING, Mr. SCHOCK, Mr. DUFFY, H.R. 6054. A bill to prohibit funding to im-
Activity of the Committee on Small business Mrs. ELLMERS, Mr. THORNBERRY, Mr. plement any provision of the Patient Protec-
during the 112th Congress (Rept. 112–554). Re- GINGREY of Georgia, Mr. COLE, Mr. tion and Affordable Care Act or of the
ferred to the Committee of the Whole House BILBRAY, Mr. BONNER, Mr. LATTA, Mr. health-related provisions of the Health Care
on the State of the Union. GERLACH, Mr. MCKEON, Mr. BART- and Education Reconciliation Act of 2010; to
Mr. HALL: Committee on Science, Space, LETT, Mr. GARRETT, Mr. BASS of New the Committee on Energy and Commerce,
and Technology. Third Semiannual Report of Hampshire, Mr. CASSIDY, Mr. YODER, and in addition to the Committees on Ways
Activities of the Committee on Science, Mrs. ROBY, Mr. TURNER of New York, and Means, Education and the Workforce,
Space, and Technology for the 112th Con- Mrs. SCHMIDT, Mr. SMITH of New Jer- the Judiciary, Natural Resources, and House
gress (Rept. 112–555). Referred to the Com- sey, Mrs. MCMORRIS RODGERS, Mr. Administration, for a period to be subse-
mittee of the Whole House on the State of MANZULLO, Mr. GARY G. MILLER of quently determined by the Speaker, in each
the Union. California, Mr. DIAZ-BALART, Mr. case for consideration of such provisions as
Mr. CAMP: Committee on Ways and MURPHY of Pennsylvania, Mr. STIV- fall within the jurisdiction of the committee
Means. Report on the Legislative and Over- ERS, Mr. STEARNS, Mr. SHUSTER, Mr. concerned.
sight Activities of the Committee on Ways BROUN of Georgia, Mr. WEST, Mr. By Mr. REYES (for himself, Mr.
and Means during the 112th Congress (Rept. KINGSTON, Mr. SHIMKUS, Mr. WEST- CANSECO, Mr. HINOJOSA, Mrs. DAVIS of
112–556). Referred to the Committee of the MORELAND, Mr. WITTMAN, Mr. California, and Mr. GENE GREEN of
Whole House on the State of the Union. SCHWEIKERT, Mr. CHABOT, Mr. ROHR- Texas):
Mr. MICA: Committee of Conference. Con- ABACHER, Mr. CARTER, Mr. DUNCAN of H.R. 6055. A bill to authorize the Commis-
ference report on H.R. 4348. A bill to provide Tennessee, Mr. BILIRAKIS, Ms. sioner of U.S. Customs and Border Protec-
an extension of Federal-aid highway, high- BUERKLE, Mr. ROONEY, Mr. HECK, Mr. tion to enter into reimbursable fee agree-
way safety, motor carrier safety, transit, HUNTER, Mrs. BACHMANN, Mr. POSEY, ments for the provision of customs services,
and other programs funded out of the High- Mr. WILSON of South Carolina, Mr. and for other purposes; to the Committee on
way Trust Fund pending enactment of a NUGENT, Mr. BISHOP of Utah, Mr. Ways and Means, and in addition to the Com-
multiyear law reauthorizing such programs, PEARCE, Mr. MILLER of Florida, Mr. mittee on the Judiciary, for a period to be
and for other purposes (Rept. 112–557). Or- FORBES, Mr. KINZINGER of Illinois, subsequently determined by the Speaker, in
dered to be printed. Mr. LATOURETTE, Mr. SIMPSON, and each case for consideration of such provi-
Mr. WEBSTER: Committee on Rules. Mrs. EMERSON): sions as fall within the jurisdiction of the
House Resolution 717. Resolution providing H.R. 6048. A bill to amend the Internal Rev- committee concerned.
for consideration of the bill (H.R. 5856) mak- enue Code of 1986 to repeal the individual and By Mr. STIVERS (for himself and Mr.
ing appropriations for the Department of De- employer health insurance mandates; to the YARMUTH):
fense for the fiscal year ending September 30, Committee on Ways and Means. H.R. 6056. A bill to amend the Internal Rev-
2013, and for other purposes; providing for By Mr. FILNER: enue Code of 1986 to extend the energy effi-
consideration of the bill (H.R. 6020) making H.R. 6049. A bill to grant a right of first re- cient appliance credit; to the Committee on
appropriations for financial services and gen- fusal to the La Jolla Historical Society with Ways and Means.
eral government for the fiscal year ending respect to the sale of the La Jolla Post Of- By Mr. MICA:
September 30, 2013, and for other purposes; fice; to the Committee on Oversight and H.R. 6057. A bill to provide an extension of
and providing for consideration of the con- Government Reform. Federal-aid highway, highway safety, motor
ference report to accompany the bill (H.R. By Mr. BECERRA (for himself, Mr. carrier safety, transit, and other programs
4348) to provide an extension of Federal-aid RANGEL, Mr. STARK, Mr. MCDERMOTT, funded out of the Highway Trust Fund pend-
highway, highway safety, motor carrier safe- Mr. LEWIS of Georgia, Mr. BISHOP of ing enactment of a multiyear law reauthor-
ty, transit, and other programs funded out of New York, Mr. HONDA, Ms. NORTON, izing such programs; to the Committee on
the Highway Trust Fund pending enactment Ms. BROWN of Florida, and Mr. FIL- Transportation and Infrastructure, and in
of a multiyear law reauthorizing such pro- NER): addition to the Committees on Ways and
grams, and for other purposes (Rept. 112–558). H.R. 6050. A bill to amend the Internal Rev- Means, Natural Resources, Science, Space,
Referred to the House Calendar. enue Code of 1986 to provide taxpayer protec- and Technology, and Energy and Commerce,
for a period to be subsequently determined toric Site; to the Committee on Natural Re- lina, Mr. WOMACK, Mr. WOODALL, Mr.
by the Speaker, in each case for consider- sources. YODER, Mr. YOUNG of Florida, Mr.
ation of such provisions as fall within the ju- By Mr. SESSIONS (for himself, Mr. YOUNG of Indiana, Mr. ANDREWS, Mr.
risdiction of the committee concerned. BUCHANAN, Ms. BUERKLE, Mr. STUTZMAN, Mrs. BONO MACK, Mr.
By Mr. MICA: BUCSHON, Mr. CALVERT, Mr. CANSECO, BROOKS, and Mr. REHBERG):
H.R. 6058. A bill to provide an extension of Mrs. CAPITO, Mr. CARTER, Mr. CAS- H. Res. 716. A resolution expressing support
Federal-aid highway, highway safety, motor SIDY, Ms. CASTOR of Florida, Mr. for designation of August 1, 2012, as ‘‘Na-
carrier safety, transit, and other programs CHABOT, Mr. CHAFFETZ, Mr. COBLE, tional Eagle Scout Day’’; to the Committee
funded out of the Highway Trust Fund pend- Mr. COFFMAN of Colorado, Mr. COLE, on Oversight and Government Reform.
ing enactment of a multiyear law reauthor- Mr. CONAWAY, Mr. COSTELLO, Mr.
izing such programs; to the Committee on f
CRAVAACK, Mr. CRAWFORD, Mr. CREN-
Transportation and Infrastructure, and in SHAW, Mr. CULBERSON, Mr. BURGESS, MEMORIALS
addition to the Committees on Natural Re- Mr. DENT, Mr. DIAZ-BALART, Mr.
sources, and Science, Space, and Technology, Under clause 4 of rule XXII, memo-
DOLD, Mr. DUFFY, Mrs. ELLMERS,
for a period to be subsequently determined Mrs. EMERSON, Mr. FARENTHOLD, Mr. rials were presented and referred as fol-
by the Speaker, in each case for consider- FLAKE, Mr. FLEISCHMANN, Mr. FLEM- lows:
ation of such provisions as fall within the ju- ING, Mr. FORBES, Mr. FORTENBERRY, 235. The SPEAKER presented a memorial
risdiction of the committee concerned. Ms. FOXX, Mr. FRANKS of Arizona, of the House of Representatives of the State
By Mr. CANSECO (for himself, Mr. Mr. FRELINGHUYSEN, Mr. GARDNER, of Michigan, relative to House Resolution
HINOJOSA, Mr. POSEY, Mr. CUELLAR, Mr. GARRETT, Mr. GERLACH, Mr. STIV- No. 215 urging the Congress to reconsider the
Mr. WESTMORELAND, Mr. DIAZ- ERS, Mr. SAM JOHNSON of Texas, Mr. recommendations of the 2012 Air Force
BALART, and Mr. SESSIONS): BARTON of Texas, Mr. MCCAUL, Mr. Structure Change Report; to the Committee
H.J. Res. 113. A joint resolution providing FLORES, Mr. NEUGEBAUER, Mr. ROE of on Armed Services.
for congressional disapproval under chapter 8 Tennessee, Mr. GOHMERT, Mr. 236. Also, a memorial of the House of Rep-
of title 5, United States Code, of the rules FITZPATRICK, Mr. ADERHOLT, Mr. resentatives of the State of Hawaii, relative
submitted by the Department of the Treas- CUELLAR, Mr. GRIFFIN of Arkansas, to House Resolution No. 167 urging the
ury and the Internal Revenue Service relat- Mr. CAPUANO, Mr. JOHNSON of Illinois, Armed Forces Committee and Subcomittee
ing to the reporting requirements for inter- Mr. SENSENBRENNER, Mr. PALAZZO, on Military Personnel to act favorably on
est that relates to deposits maintained at Mr. LANDRY, Mr. BOUSTANY, Mr. H.R. 2148; to the Committee on Armed Serv-
United States offices of certain financial in- GALLEGLY, Mr. MCKEON, Mrs. BACH- ices.
stitutions and is paid to certain nonresident MANN, Mr. UPTON, Mr. CAMP, Mr. 237. Also, a memorial of the House of Rep-
alien individuals; to the Committee on Ways HEINRICH, Mr. DREIER, Mr. AMODEI,
and Means. resentatives of the State of Louisiana, rel-
Mr. AUSTRIA, Mr. BACHUS, Mr. ative to House Concurrent Resolution No. 11
By Mr. ISSA: BENISHEK, Mr. BERG, Mrs. BIGGERT,
H. Res. 711. A resolution recommending memorializing the Congress to defund and
Mr. BILBRAY, Mr. BILIRAKIS, Mr. appropriate no future funding to Planned
that the House of Representatives find Eric
BISHOP of Utah, Mrs. BLACK, Mrs. Parenthood; to the Committee on Energy
H. Holder, Jr., Attorney General, U.S. De-
BLACKBURN, Mr. BONNER, Mr. BOREN, and Commerce.
partment of Justice, in contempt of Congress
Mr. BROUN of Georgia, Mr. TERRY, 238. Also, a memorial of the Senate of the
for refusal to comply with a subpoena duly
Mr. THOMPSON of Pennsylvania, Mr. State of Louisiana, relative to Senate Con-
issued by the Committee on Oversight and
THORNBERRY, Mr. TIBERI, Mr. TIPTON, current Resolution No. 73 urging the Presi-
Government Reform; considered and agreed
Mr. WALDEN, Mr. WALSH of Illinois, dent and the Congress to maintain steadfast
to.
Mr. WALZ of Minnesota, Mr. WAXMAN, support for the State of Israel; to the Com-
By Ms. JACKSON LEE of Texas (for Mr. WEBSTER, Mr. WEST, Mr. WEST-
herself, Mr. CONNOLLY of Virginia, mittee on Foreign Affairs.
MORELAND, Mr. WHITFIELD, Mr. MUR- 239. Also, a memorial of the House of Rep-
Mr. JOHNSON of Georgia, Ms. BROWN PHY of Pennsylvania, Mr. NUGENT,
of Florida, Mrs. MALONEY, Mr. DAVIS resentatives of the State of Louisiana, rel-
Mr. NUNNELEE, Mr. OLSON, Mr. ative to House Concurrent Resolution No. 42
of Illinois, and Mr. RANGEL): PEARCE, Mr. PITTS, Mr. POMPEO, Mr.
H. Res. 712. A resolution recommending memorializing the Congress to take such ac-
POSEY, Mr. PRICE of Georgia, Mr. tions as are necessary to encourage and en-
that the Speaker of the House of Representa-
QUAYLE, Mr. REICHERT, Mr. RENACCI, able the United States Army Corps of Engi-
tives not move to proceed to the consider-
Mr. RIBBLE, Mr. RIGELL, Mr. RIVERA, neers to expedite their wetlands permitting
ation of the House Resolution finding Eric H.
Mrs. ROBY, Mr. ROGERS of Alabama, process; to the Committee on Transportation
Holder, Jr., Attorney General, U.S. Depart-
Mr. ROGERS of Michigan, Mr. ROHR- and Infrastructure.
ment of Justice, in contempt of Congress
ABACHER, Mr. ROKITA, Mr. ROSKAM,
pursuant to the report of the Committee on 240. Also, a memorial of the House of Rep-
Ms. ROS-LEHTINEN, Mr. ROSS of Flor-
Oversight and Government Reform; to the resentatives of the State of Louisiana, rel-
ida, Mr. ROYCE, Mr. RUNYAN, Mr.
Committee on Rules. ative to House Concurrent Resolution No. 7
RUPPERSBERGER, Mr. RYAN of Wis-
By Mr. HASTINGS of Florida: memorializing the Congress to take such ac-
consin, Mr. SCHILLING, Mrs. SCHMIDT,
H. Res. 713. A resolution expressing support tions as necessary to assist the the
Mr. SCHOCK, Mr. AUSTIN SCOTT of
for the XIX International AIDS Conference Vermilion Parish Police Jury; to the Com-
Georgia, Mr. SERRANO, Mr. SHIMKUS,
(AIDS 2012) and the sense of the House of mittee on Transportation and Infrastruc-
Mr. SHULER, Mr. SHUSTER, Mr. SIMP-
Representatives that continued commitment ture.
SON, Mr. SMITH of Nebraska, Mr.
by the United States to HIV/AIDS research, f
prevention, and treatment programs is cru- SMITH of New Jersey, Mr. SMITH of
cial to protecting global health; to the Com- Texas, Mr. SOUTHERLAND, Mr. HER- CONSTITUTIONAL AUTHORITY
GER, Ms. HERRERA BEUTLER, Mr.
mittee on Foreign Affairs, and in addition to STATEMENT
the Committee on Energy and Commerce, for HUELSKAMP, Mr. HUIZENGA of Michi-
a period to be subsequently determined by gan, Mr. HUNTER, Mr. HURT, Mr. ISSA, Pursuant to clause 7 of rule XII of
the Speaker, in each case for consideration Mr. JOHNSON of Ohio, Mr. JORDAN, the Rules of the House of Representa-
of such provisions as fall within the jurisdic- Mr. KELLY, Mr. KING of Iowa, Mr. tives, the following statements are sub-
tion of the committee concerned. KING of New York, Mr. KINGSTON, Mr. mitted regarding the specific powers
By Mr. BERMAN (for himself and Mr. KINZINGER of Illinois, Mr. KLINE, Mr.
granted to Congress in the Constitu-
KEATING): LABRADOR, Mr. LANCE, Mr.
LANKFORD, Mr. LATHAM, Mr. LATOU- tion to enact the accompanying bill or
H. Res. 714. A resolution expressing support
to end commercial whaling in all of its forms RETTE, Mr. LATTA, Mr. LUETKEMEYER, joint resolution.
and to strengthen measures to conserve Mr. LIPINSKI, Mr. LOBIONDO, Mr. By Mr. FLAKE:
whale populations; to the Committee on For- LUCAS, Mrs. LUMMIS, Mr. MACK, Mr. H.R. 6047.
eign Affairs, and in addition to the Com- MANZULLO, Mr. MARCHANT, Mr. Congress has the power to enact this legis-
mittee on Natural Resources, for a period to MARINO, Mr. MCCARTHY of California, lation pursuant to the following:
be subsequently determined by the Speaker, Mr. MCCLINTOCK, Mr. MCCOTTER, Mr. Article I, Section 8
in each case for consideration of such provi- MCDERMOTT, Mr. MCHENRY, Mr. MEE- By Mr. TURNER of Ohio:
sions as fall within the jurisdiction of the HAN, Mr. MICA, Mr. MILLER of Flor- H.R. 6048.
committee concerned. ida, Mr. MORAN, Mr. MULVANEY, Mr. Congress has the power to enact this legis-
By Mr. KING of New York (for himself, GIBBS, Mr. GIBSON, Mr. GOSAR, Mr. lation pursuant to the following:
Mr. ISRAEL, Mr. ACKERMAN, Mr. HIN- GOWDY, Ms. GRANGER, Mr. GRAVES of Article I, Section, 8, Clause 1 of the U.S.
CHEY, Mr. TURNER of New York, Mr. Missouri, Mr. GRAVES of Georgia, Mr. Constitution, as the Supreme Court of the
RANGEL, Mrs. MCCARTHY of New GRIMM, Mr. GUTHRIE, Mr. HALL, Mr. United States has held that the imposition
York, and Mr. BISHOP of New York): HARRIS, Mr. HASTINGS of Washington, of the burdensome mandate on hardworking
H. Res. 715. A resolution celebrating the Ms. HAYWORTH, Mr. HECK, Mr. HEN- American taxpayers is an action Congress
50th anniversary of the Sagamore Hill His- SARLING, Mr. WILSON of South Caro- may take under its power to tax, and that
this bill seeks to repeal sections of title 26 clusive Right to their respective Writings H.R. 23: Mr. LEWIS of Georgia and Mr.
U.S.C., the Internal Revenue Code. and Discoveries; LIPINSKI.
By Mr. FILNER: Clause 9: To constitute Tribunals inferior H.R. 718: Mr. TURNER of New York.
H.R. 6049. to the supreme Court; H.R. 719: Mr. BRALEY of Iowa.
Congress has the power to enact this legis- Clause 10: To define and punish Piracies H.R. 733: Mr. CHAFFETZ, Mr. WHITFIELD,
lation pursuant to the following: and Felonies committed on the high Seas, and Mr. BROOKS.
The constitutional authority of Congress and Offences against the Law of Nations; H.R. 860: Mr. KELLY.
to enact this legislation is provided by Arti- Clause 11: To declare War, grant Letters of H.R. 1117: Mr. SIMPSON.
cle I, Section 8 of the United States Con- Marque and Reprisal, and make Rules con- H.R. 1219: Mr. LONG.
stitution (Clauses 7 and 18), which grants cerning Captures on Land and Water; H.R. 1283: Mr. CHANDLER, Mr. TONKO, and
Clause 12: To raise and support Armies, but
Congress the power to establish Post Offices Mr. LAMBORN.
no Appropriation of Money to that Use shall
and post Roads and to make all laws nec- H.R. 1322: Mr. HINCHEY and Mr. HOLT.
be for a longer Term than two Years;
essary and proper to execute these powers. Clause 13: To provide and maintain a Navy; H.R. 1327: Mr. REHBERG, Mr. COLE, Mr. AUS-
By Mr. BECERRA: Clause 14: To make Rules for the Govern- TIN SCOTT of Georgia, and Mr. MCGOVERN.
H.R. 6050. ment and Regulation of the land and naval H.R. 1370: Mr. ROHRABACHER and Mr.
Congress has the power to enact this legis- Forces; PEARCE.
lation pursuant to the following: Clause 15: To provide for calling forth the H.R. 1464: Ms. ROS-LEHTINEN and Mr.
The Congress enacts this bill pursuant to Militia to execute the Laws of the Union, STARK.
Clause 1 of Section 8 of Article I of the suppress Insurrections and repel Invasions; H.R. 1475: Mr. VAN HOLLEN.
United States Constitution and Amendment Clause 16: To provide for organizing, arm- H.R. 1506: Mr. TURNER of New York.
XVI of the United States Constitution. ing, and disciplining, the Militia, and for H.R. 1549: Mr. BROUN of Georgia.
By Mrs. BONO MACK: governing such Part of them as may be em- H.R. 1653: Mr. OLSON.
H.R. 6051. ployed in the Service of the United States, H.R. 1675: Ms. HANABUSA, Mr. DUFFY, Ms.
Congress has the power to enact this legis- reserving to the States respectively, the Ap- JENKINS, Mr. CAPUANO, and Ms. BALDWIN.
lation pursuant to the following: pointment of the Officers, and the Authority H.R. 1956: Mr. GOHMERT, Mr. FLAKE, and
Congress has the power to enact this legis- of training the Militia according to the dis- Mr. AUSTIN SCOTT of Georgia.
lation pursuant to clause 3 of section 8 of ar- cipline prescribed by Congress; H.R. 2014: Mrs. CAPPS.
ticle I of the Constitution. Clause 17: To exercise exclusive Legisla- H.R. 2069: Mr. SMITH of Washington.
By Mr. GRAVES of Missouri: tion in all Cases whatsoever, over such Dis- H.R. 2108: Mr. LANCE.
H.R. 6052. trict (not exceeding ten Miles square) as H.R. 2492: Mr. COFFMAN of Colorado.
Congress has the power to enact this legis- may, by Cession of particular States, and the H.R. 2580: Mr. RUNYAN.
lation pursuant to the following: Acceptance of Congress, become the Seat of H.R. 2655: Mr. GIBSON.
Clause 4 of Section 8 of Article I of the the Government of the United States, and to H.R. 2698: Mr. ELLISON.
Constitution, in creating the authority of exercise like Authority over all Places pur- H.R. 2866: Mr. RAHALL.
the Congress, ‘‘To establish an uniform Rule chased by the Consent of the Legislature of H.R. 2969: Mr. PAULSEN and Mr. THOMPSON
of Naturalization.’’ the State in which the Same shall be, for the of Mississippi.
and Erection of Forts, Magazines, Arsenals, H.R. 3017: Mr. FARR.
The 14th Amendment of the Constitution dock-Yards, and other needful Buildings;— H.R. 3146: Ms. HERRERA BEUTLER.
stating that, ‘‘All persons born or natural- And H.R. 3187: Mr. CALVERT, Mr. SIMPSON, Mr.
ized in the United States,’’ are, ‘‘citizens of Clause 18: To make all Laws which shall be BUCSHON, and Mr. UPTON.
the United States and of the State wherein necessary and proper for carrying into Exe- H.R. 3269: Mr. MILLER of North Carolina,
they reside.’’ cution the foregoing Powers, and all other Mr. LATOURETTE, and Mr. BARLETTA.
By Mr. MACK: Powers vested by this Constitution in the H.R. 3343: Mr. GONZALEZ.
H.R. 6053. Government of the United States, or in any H.R. 3458: Mr. JOHNSON of Illinois.
Congress has the power to enact this legis- Department or Officer thereof. H.R. 3506: Ms. ROYBAL-ALLARD.
lation pursuant to the following: By Mr. STIVERS: H.R. 3510: Mr. GRIFFIN of Arkansas and Mr.
Clause 1 of Section 8 of Article I of the H.R. 6056. LOBIONDO.
Congress has the power to enact this legis-
United States Constitution. H.R. 3511: Mr. NUNNELEE.
lation pursuant to the following:
By Mr. MACK: Clause 1, Section 8 of Article 1 of the H.R. 3591: Ms. KAPTUR and Mr. FATTAH.
H.R. 6054. United States Constitution which reads: H.R. 3612: Ms. JACKSON LEE of Texas.
Congress has the power to enact this legis- ‘‘The Congress shall have Power to lay and H.R. 3627: Mr. BARLETTA.
lation pursuant to the following: collect Taxes, Duties, Imposts, and Excises, H.R. 3797: Mr. ANDREWS and Mr. SIRES.
Clause 1 of Section 8 of Article I of the to pay the Debts, and provide for the com- H.R. 3798: Ms. RICHARDSON, Mr. DEUTCH,
United States Constitution and Clause 7 of mon Defense and General Welfare of the Ms. ROYBAL-ALLARD, Ms. EDDIE BERNICE
Section 9 of Article I of the United States United States; but all Duties and Imposts JOHNSON of Texas, and Mr. QUIGLEY.
Constitution. and Excises shall be uniform throughout the H.R. 3803: Mr. BOREN and Mr. REED.
By Mr. REYES: United States.’’ H.R. 3809: Mr. SIRES, Mr. LANCE, Mr. AN-
H.R. 6055. DREWS, and Mr. ROTHMAN of New Jersey.
By Mr. MICA:
Congress has the power to enact this legis- H.R. 6057. H.R. 3819: Mr. QUAYLE, Mr. FLEMING, Mr.
lation pursuant to the following: Congress has the power to enact this legis- NEUGEBAUER, Mr. DUNCAN of South Carolina,
Article I, Section. 8. lation pursuant to the following: Mr. GRAVES of Georgia, Mr. MULVANEY, and
Clause 1: The Congress shall have Power Article I, Section 8 of the United States Mr. GOHMERT.
To lay and collect Taxes, Duties, Imposts Constitution, specifically Clause 1, Clause 3, H.R. 3860: Mr. MCDERMOTT.
and Excises, to pay the Debts and provide for Clause 7, and Clause 18. H.R. 3861: Mr. WALBERG.
the common Defence and general Welfare of By Mr. MICA: H.R. 3993: Mr. GENE GREEN of Texas.
the United States; but all Duties, Imposts H.R. 6058. H.R. 4077: Mr. COLE.
and Excises shall be uniform throughout the Congress has the power to enact this legis- H.R. 4155: Mrs. DAVIS of California.
United States; lation pursuant to the following: H.R. 4290: Mr. HONDA and Mr. SMITH of
Clause 2: To borrow Money on the credit of Article I, Section 8 of the United States Washington.
the United States; Constitution, specifically Clause 1, Clause 3, H.R. 4305: Mr. CONNOLLY of Virginia and
Clause 3: To regulate Commerce with for- Clause 7, and Clause 18. Mr. KISSELL.
eign Nations, and among the several States, By Mr. CANSECO: H.R. 4367: Mr. COBLE, Mr. WITTMAN, Mr.
and with the Indian Tribes; H.J. Res. 113. PENCE, Ms. FOXX, and Mr. PRICE of North
Clause 4: To establish an uniform Rule of Congress has the power to enact this legis- Carolina.
Naturalization, and uniform Laws on the lation pursuant to the following: H.R. 4373: Mr. MANZULLO and Mr. DAVIS of
Congress has authority to enact this legis-
subject of Bankruptcies throughout the Illinois.
lation pursuant to Article I, Section 8,
United States; H.R. 4643: Mr. SMITH of Washington.
Clause 3 of the constitution. Should this IRS
Clause 5: To coin Money, regulate the H.R. 4965: Mr. POE of Texas and Mr. KING of
rule go into effect, commerce will likely be
Value thereof, and of foreign Coin, and fix Iowa.
significantly impacted as deposits are pulled
the Standard of Weights and Measures; H.R. 5186: Ms. PINGREE of Maine.
from U.S. financial institutions, thereby de-
Clause 6: To provide for the Punishment of H.R. 5542: Mr. TONKO.
creasing capital available for lending.
counterfeiting the Securities and current H.R. 5707: Ms. RICHARDSON and Mr. COHEN.
Coin of the United States; f H.R. 5719: Mr. KUCINICH.
Clause 7: To establish Post Offices and post ADDITIONAL SPONSORS H.R. 5787: Ms. DELAURO.
Roads; H.R. 5796: Mr. SHERMAN.
Clause 8: To promote the Progress of Under clause 7 of rule XII, sponsors H.R. 5817: Mr. LONG.
Science and useful Arts, by securing for lim- were added to public bills and resolu- H.R. 5822: Mr. POE of Texas.
ited Times to Authors and Inventors the ex- tions as follows: H.R. 5848: Mr. HIMES.
H.R. 5850: Mrs. MALONEY. H. J. Res. 90: Mr. STARK, Mr. CICILLINE, and nesota, Mr. COHEN, Ms. CHU, Ms. SCHA-
H.R. 5851: Mr. HONDA. Mr. SMITH of Washington. KOWSKY, Ms. VELÁZQUEZ, Mr. LEWIS of Geor-
H.R. 5910: Mr. REICHERT. H. Con. Res. 119: Ms. SCHAKOWSKY. gia, Mr. CLEAVER, Mr. LARSON of Con-
H.R. 5911: Mr. PAULSEN. H. Con. Res. 127: Mr. FORBES and Mr. SCOTT
necticut, Mr. GENE GREEN of Texas, Mr.
H.R. 5912: Mr. RIBBLE. of South Carolina.
H.R. 5943: Mr. THOMPSON of Pennsylvania. H. Con. Res. 129: Ms. GRANGER, Mr. COLE, CROWLEY, Ms. SLAUGHTER, Mr. KEATING, Mr.
H.R. 5948: Mr. STIVERS. Mr. STIVERS, Mr. CALVERT, Mr. BERG, Mr. BRADY of Pennsylvania, Mr. MARKEY, Mr.
H.R. 5952: Mrs. LUMMIS and Mr. POSEY. GARAMENDI, and Mr. GIBSON. PALLONE, Mr. QUIGLEY, Mr. TOWNS, Mr. LAN-
H.R. 5953: Mrs. MYRICK and Mr. HUNTER. H. Res. 144: Mr. CLAY. GEVIN, Mr. DICKS, Mr. OLVER, Mr. PERL-
H.R. 5955: Mr. COSTELLO. H. Res. 367: Mr. MILLER of Florida. MUTTER, Mr. RAHALL, Mr. DOYLE, Mr. THOMP-
H.R. 5963: Mr. FRANKS of Arizona, Mr. H. Res. 609: Mr. CONNOLLY of Virginia. SON of California, Mr. DEUTCH, Mr. SCOTT of
P AULSEN , Mr. AKIN, and Mr. POSEY. H. Res. 618: Ms. MCCOLLUM, Mr. COHEN, Mr.
SABLAN, Mr. WOLF, Mrs. SCHMIDT, and Mr. Virginia, Mr. WELCH, Ms. SUTTON, Ms.
H.R. 5969: Mr. ROSS of Florida and Mrs.
MCINTYRE. BONAMICI, Mr. KILDEE, Ms. SCHWARTZ, Mr.
NOEM.
H.R. 5970: Mr. ROSS of Florida and Mrs. H. Res. 623: Mr. MILLER of Florida and Mr. CRITZ, Mrs. DAVIS of California, Mr. ELLISON,
NOEM. POE of Texas. Mr. PIERLUISI, Ms. BALDWIN, Mr. VAN HOL-
H.R. 5975: Mr. BLUMENAUER. H. Res. 689: Mr. ROSS of Arkansas, Mr. LEN, Mr. LOEBSACK, Mr. SERRANO, and Mr.
H.R. 5978: Mr. TOWNS and Mrs. NAPOLITANO. DEFAZIO, Mr. ENGEL, Mr. RUSH, Mr. LUJÁN.
H.R. 5993: Mr. JOHNSON of Illinois. BUTTERFIELD, Mr. CHANDLER, Mr.
GARAMENDI, Mr. HONDA, Ms. MATSUI, Ms. H. Res. 695: Mr. GOHMERT, Mrs. BLACKBURN,
H.R. 5997: Mr. KING of New York.
H.R. 5998: Mr. PRICE of Georgia. BASS of California, Ms. RICHARDSON, Mr. Mr. PITTS, Mr. WALBERG, Mr. WILSON of
H.R. 6009: Mr. BISHOP of Utah. THOMPSON of Mississippi, Mr. SHULER, Mr. South Carolina, Mrs. LUMMIS, Mr. ROE of
H.R. 6025: Mr. QUAYLE and Mr. CUELLAR. SHERMAN, Ms. BERKLEY, Mr. KIND, Mr. Tennessee, Mr. DUNCAN of South Carolina,
H.R. 6042: Ms. NORTON. PETERSON, Mr. KISSELL, Mr. WALZ of Min- and Mr. HARRIS.
Congressional Record
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112 th CONGRESS, SECOND SESSION

United States
of America PROCEEDINGS AND DEBATES OF THE
Vol. 158 WASHINGTON, THURSDAY, JUNE 28, 2012 No. 99
Senate
The Senate met at 9:30 a.m. and was appoint the Honorable TOM UDALL, a Senator a lot of work to do, but we have to fin-
called to order by the Honorable TOM from the State of New Mexico, to perform ish this legislation. The student loan
UDALL, a Senator from the State of the duties of the Chair. program expires at the end of the
DANIEL K. INOUYE,
New Mexico. month. The highway program has to be
President pro tempore.
completed by the end of the month.
PRAYER Mr. UDALL of New Mexico thereupon The work that has been done has been
assumed the chair as Acting President hard.
The Chaplain, Dr. Barry C. Black, of-
pro tempore. I met with the Democratic chairs
fered the following prayer:
Let us pray. f yesterday at noon. I explained to ev-
God of liberty, as our Nation pre- eryone that we were trying to work our
RECOGNITION OF THE MAJORITY way through this. These are veteran
pares to celebrate its independence, we LEADER
thank You that the rights of its citi- legislators, the chairmen of all of the
zens come from You. We praise You not The ACTING PRESIDENT pro tem- committees here in the Senate. We
only for the unalienable rights in the pore. The majority leader is recog- talked a lot about compromise being
Declaration of Independence and Con- nized. what legislation is all about. Legisla-
stitution but for the liberty we have in f tion is the art of compromise, con-
You: freedom from guilt, sin, addiction, sensus building, but when it comes
SMALL BUSINESS JOBS AND TAX right down to doing that, it is hard for
and fear.
RELIEF ACT—MOTION TO PROCEED Senators to give up what they want.
Use our lawmakers to protect and de-
fend the freedoms for which so many Mr. REID. Mr. President, I move to But this is a bill that affects almost 3
have given their lives. Inspire our Sen- proceed to Calendar No. 341, S. 2237. million people. That is just the trans-
ators to keep Your teachings in their The ACTING PRESIDENT pro tem- portation part of it—the flood part, 7
hearts so that they may live for You. pore. The clerk will report the motion. million people, and the student loan, 7
We commit this day to You and The assistant legislative clerk read million people. So everyone had to give
thank You in advance for Your pres- as follows: a little bit or we could not have gotten
ence and power. Motion to proceed to Calendar No. 341, S. this done.
We pray in Your great Name. Amen. 2237, a bill to provide a temporary income I am terribly disappointed on a part
tax credit for increased payroll and extend of what did not get done. I have always
f bonus depreciation for an additional year, been a big fan of the Land and Water
PLEDGE OF ALLEGIANCE and for other purposes. Conservation Fund. I do not have a bet-
f ter friend in the world than Ken Sala-
The Honorable TOM UDALL led the
zar. This is something he wanted so
Pledge of Allegiance, as follows: SCHEDULE very much, but we could not get it
I pledge allegiance to the Flag of the
Mr. REID. Mr. President, the next done. So there is a lot of disappoint-
United States of America, and to the Repub-
lic for which it stands, one nation under God, hour will be divided between the Re- ment in many different areas.
indivisible, with liberty and justice for all. publicans and Democrats. The Repub- But this is legislation at its best. I
licans will control the first half and say that purposefully. It is hard to get
f these pieces of legislation done, but we
the majority will control the final half.
APPOINTMENT OF ACTING It was last night, but just barely, got it done. And as I said, we are going
PRESIDENT PRO TEMPORE when we finally worked out some to work through the process. With the
agreement on a piece of legislation we Senate being such that it is, people can
The PRESIDING OFFICER. The
are dealing with. The House posted hold measures up, but they cannot hold
clerk will please read a communication
that last night just before midnight to them up forever. So we are going to
to the Senate from the President pro
meet their rules. It includes the trans- work through this. It is for the better-
tempore (Mr. INOUYE).
portation conference and flood insur- ment of our country if we complete
The assistant legislative clerk read
ance and student loans in one package. this legislation as quickly as possible.
the following letter:
I say to all of my Senators that we are MEASURE PLACED ON THE CALENDAR—S. 3342
U.S. SENATE,
going to finish this before we leave. I Mr. REID. Mr. President, S. 3342 is at
PRESIDENT PRO TEMPORE,
Washington, DC, June 28, 2012. hope we can do it today. We certainly the desk and due for its second reading.
To the Senate: can if the will is there. Otherwise, if it The ACTING PRESIDENT pro tem-
Under the provisions of rule I, paragraph 3, takes tomorrow or whenever, we have pore. The clerk will read the title of
smartinez on DSK7SPTVN1PROD with SENATE
of the Standing Rules of the Senate, I hereby to finish the bill. I know everyone has the bill for the second time.
∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor.
S4689
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S4690 CONGRESSIONAL RECORD — SENATE June 28, 2012
The assistant legislative clerk read DEBT AND DEFICIT who have pensions, and that is very im-
as follows: Mr. ENZI. Mr. President, I come to portant. There is a trust fund—the
A bill (S. 3342) to improve information se- floor to talk about a bit of a crisis the Pension Benefit Guaranty Corporation
curity, and for other purposes. United States is in right now. We are has a trust fund to see that if a com-
Mr. REID. Mr. President, I would ob- out of money, but we are not recog- pany goes out of business and it had
ject to any further proceedings with re- nizing that we are out of money. We promised pensions, then the Pension
spect to this matter at this time. must make that realization soon. We Benefit Guaranty Corporation’s trust
The ACTING PRESIDENT pro tem- are going to have to do some work for fund makes up part of that. They do
pore. Objection is heard. The bill will this country to keep it operating so not make up all of it, but they make it
be placed on the calendar. that the next generation has the same part of it. So it is an insurance policy
HEALTH CARE
hope as the present generation. for people across America who have
I think the best example of where we pensions. And we said: That needs a lit-
Mr. REID. Mr. President, there is a
are is probably this highway bill. High- tle bit more of a jolt. So we did a cou-
lot going on in Washington today. I so
ways are important to this country. We ple of things. One of the things was to
admire the Supreme Court’s ability to
need them to get from one place to an- do some smoothing so companies would
keep everything quiet. I mean, it is
other. We need them to move the goods not have to put quite as much money
really incredible that we are going to
across this country to keep the econ- into the fund, and therefore they would
have two major decisions this week—
omy going—highways are extremely have maybe more profit, and on the
one dealing with immigration, one
important. Highways have always been profit they would pay taxes, and we
dealing with health care—and there
funded from a gas tax, until now. Using can steal those taxes to put in the
has not been a single word that has
different funding is a prime example of highway trust fund so that we can
come out of the Supreme Court. I am
what is about to happen in all of the build the highways. We have never sto-
so impressed. That is the way it has al-
bills that we do because we have run len money to pay for highways before.
ways been, and I hope it stays that
out of money and we haven’t taken the Never use the Pension Benefit Guar-
way.
necessary steps to solve that crisis. anty trust before. But this bill does
Today the Supreme Court will rule When the highway bill came to the that. And then there is another little
on the constitutionality of the land- Finance Committee, I suggested that bit of money that comes right out of
mark health reform that made afford- we ought to change the gas tax so that the Pension Benefit Guarantee trust
able, quality care a right for every there was an inflationary rate added fund that goes into the highway bill.
American. Millions of Americans are each year for the following year. That That is the wrong way to do business.
already seeing the benefits of this was the least that I could think of to We should not violate trust funds.
law—I repeat, millions of Americans. do for highways. It would have added Wait until the seniors who said
The Democrats are very proud that we half a cent a gallon. The price fluc- ‘‘don’t touch my Social Security’’ real-
stood for the right of every man, tuates at the pump more than half a ize that Social Security is a trust fund
woman, and child to lifesaving medical cent a day. and that we are stealing from trust
care instead of standing for insurance I have to tell you, though, that I funds. I think we will hear a furor
companies that worry more about really thought there would be strong across this country that will be un-
making money than making people support for doing something like that, matched if Social Security is touched.
better. taking a minimal step. I had the So we are not touching that one—yet.
The Supreme Court’s decision, being amendment devised so that it could be We have maxed out our credit cards.
a lawyer myself—I know the Presiding changed easily to increase that You know what a maxed-out credit
Officer was the chief legal officer for amount. The Simpson-Bowles deficit card is. That is when you buy some-
the State of New Mexico, the attorney commission said—and this was over a thing and the clerk says: I am sorry,
general—when you are in the area of year and a half ago—that for the next but there is a hold on your card. When
law and are a lawyer, whatever the 3 years, we needed to raise the gas tax you check on it, you find out that you
Court does, you accept that. That is 5 cents per year for 3 years. So we real- have so much debt with that credit
our form of government. We are a na- ly ought to be at 71⁄2 cents or 10 cents card company that they are not going
tion of laws, not a nation of men. So in increase already. Now, if we did to let you charge any more. Well, we
whatever the Court does, we will work that, the highway bill could be funded have maxed out a lot of our credit
through that. If they uphold it, that is from highway funds. And that is a user cards. We are relying on foreign coun-
great. If they do not uphold it, what- fee. If you drive, you buy gas. If you tries to help us out with our debt.
ever it is, we stand ready, willing, and buy gas, you pay for the highways on There is a problem in Europe right
able to work to make sure Americans which you drive. now. The euro is having a real tough
have the ability to get health care I have been talking about this ever strain. Eight of the banks that have a
when they are sick. since we started on the highway bill, lot of euros have invested that in U.S.
I look forward to the opinion coming and I have not had anybody say to me: bonds because we are the safest place
out in the next half hour or so, and we You are wrong, we should not raise the in the world. But if those banks col-
will see what that holds. I know that gas tax. I was really surprised. I lapse, they will need their money. Be-
will cause a lot of interest here in the thought there would be a huge outcry tween those eight euro banks and the
Senate, but we cannot take our eyes off and that I would be in a lot of trouble four Japanese banks, that is 40 percent
what we have to do today; that is, fig- for suggesting a raise in the gas tax. of the money, almost 40 percent of the
ure a way forward on these other mat- But America understands we are broke money we borrow from other countries
ters with which we have to deal—flood better than Congress understands. in order to keep our government going.
insurance, student loans, and the big Both parties told me we would not We are at $16 trillion worth of debt.
Transportation bill. vote on my amendment. And we didn’t What is worse, we have quadrupled the
RESERVATION OF LEADER TIME vote on that amendment in committee, bottom line on the Federal Reserve. We
The ACTING PRESIDENT pro tem- and we didn’t vote on that amendment have made money—we have printed
pore. Under the previous order, the on the floor. Of course, by my count, I money to four times the amount of
leadership time is reserved. think I had two Democrats supporting money we had 3 years ago.
The ACTING PRESIDENT pro tem- me and two Republicans supporting We are facing some really difficult
pore. Under the previous order, the fol-
smartinez on DSK7SPTVN1PROD with SENATE
me, but we didn’t even really get to de- times, and we are going to have to deed
lowing hour will be equally divided and bate it. We should debate it. We should up to those. One of those ways would be
controlled between the two leaders or go to the logical spot for highway to raise the gas tax and to do the high-
their designees, with the Republicans money, the spot that through the his- way bill the way the highway bill
controlling the first half and the ma- tory of highways has been used to fund ought to be done.
jority controlling the final half. highways. Now, I mention these trust funds, and
The Senator from Wyoming is recog- So where are we getting the money? I mention them for a very specific rea-
nized. Well, we did raise the tax on people son; that is, they found a trust fund
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June 28, 2012 CONGRESSIONAL RECORD — SENATE S4691
they could violate. They did it very meeting I attended, I mentioned that raise the gas tax. We better take a look
cleverly. They did not mention it to figure and somebody said: Can I pay at what we are doing, and make
anybody who is going to be affected by my $49,000 and not be responsible for changes. If there is a user fee—and that
the trust fund. Fortunately, there were the rest of it? I said that is not the way is what the gas tax is—if we use the
some diligent people who took a look it works. Even if we could do that, that highways, we buy gas; if we buy gas, we
at that highway trust fund bill, and is not the way it works. So it is $49,000 pay into the trust fund. We should use
they said: Wow, they are going after for every man, woman, and child in the the user fee to pay for highways. We
abandoned mine land money in this United States. If a child is born today, have an additional problem that is the
bill. we can tag him or her with a $49,000 user fee is probably diminishing be-
That is an abandoned mine land trust debt immediately. cause there are cars that run on elec-
fund. The money comes from coal that Why is that significant? You have tricity now, and that will probably be
is mined, and the money, the tax on probably watched Greece and Italy. increasing. Alternative fuels will be in-
that coal, is supposed to go to fix aban- Greece and Italy had to do 19 percent creasing, and that will affect how much
doned mines across the country. The cuts. They cut pension plans 19 per- money goes into the trust fund.
conference report’s drafters found $700 cent. They cut employees 19 percent. But just to meet the immediate
million in that trust fund. That trust They cut the number of employees 19 needs, there needs to be something
fund hasn’t maxed out its credit cards percent. They cut the services they done, and stealing from other trust
because, so far, we are still mining coal provide by 19 percent. They cut every- funds is not the way to do it. If we get
in this country, and so far there is thing by 19 percent. You probably saw in the habit of stealing from trust
money going into it. there were some riots in their coun- funds, Social Security will have to
But there are uses for that money tries. If we cut 19 percent, there would watch out. Of course, that will be the
that need to be achieved. It helps fix be riots in this country. Here is an in- end of the road for a lot of people in
abandoned mine lands. Another use is teresting fact. In Italy, they only owe this body if they start stealing from
taking care of orphan miners. I men- $40,000 per person. In Greece, they only Social Security. But it ought to be the
tioned the pension folks before; when owe $39,000 per person. We owe $49,000 end of the road for people if they are
their company goes out of business, per person. We are considered to be the stealing from other trust funds because
they get a little help. Under the aban- safest place in the world to put your it starts the habit, and we can’t afford
doned mine land trust fund, if a coal money, and I think that is right—at that habit.
company goes out of business and the the moment—and it will change if we Mr. REID. Mr. President, I ask unan-
miners don’t have any health insurance don’t act soon. imous consent the order for the
then part of this abandoned mine land If we keep doing what we are doing in quorum call be rescinded.
money goes to make them whole in the the highway trust fund—and it shows The ACTING PRESIDENT pro tem-
better there than any other place I can pore. Without objection, it is so or-
health insurance area.
This system was part of a grand coa- think of—we won’t be a secure place to dered.
The majority leader is recognized.
lition that came together to solve some invest. The way we are fiddling with
AFFORDABLE CARE ACT
problems that are involved with min- funds and shuffling credit cards so we
ing in America. The companies and the Mr. REID. Mr. President, I am happy,
are not using the maxed-out ones, has
I am pleased to see the Supreme Court
employees and the States that were in- to stop, my friends.
With the highway bill before us, the put the rule of law ahead of partisan-
volved said this probably isn’t the per-
conferees did construct a bill so they ship and ruled that the affordable care
fect solution, but it helps a lot of peo-
act is constitutional.
ple, so we were going to do it, and we could get quite a few votes on it. They
This is a long opinion. We know when
did it. We were able to override a point put a limit on the amount of money
we come back here after the elections
of order on the budget in order to certified states could get from the there may be some work we need to do
maintain that trust fund and move the abandoned mine land trust fund. It to improve the law, and we will do it
money from the trust fund to where it doesn’t discriminate against very together. But today millions of Ameri-
was supposed to be used. many States. It does discriminate cans are already seeing the benefits of
For more than a decade, the money against Wyoming, and so I make a plea the law we passed. Seniors are saving

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Congressional Record

112 th CONGRESS, SECOND SESSION

Vol. 158 WASHINGTON, THURSDAY, JUNE 28, 2012 No. 99

future, which destroys more jobs.

the table. Brooks Davis (IL) Gowdy

covery of Fast and Furious weapons in Naco,

Charles Grassley to Acting U.S. Att’y Ann Scheel 67 Id.

mittee has gone to great lengths to accom-

The Committee’s investigation into Oper-

voted 78–17 to adopt a resolution finding

181 Id. 189

privilege over certain documents subpoenaed tions of this Report. AS REPORTED

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